text:
1
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2000.
2
These Regulations, except regulation 6 below, shall come into force on 1st March 2000.
3
Regulation 6 below shall come into force on 1st April 2000.
2
The Value Added Tax Regulations 1995 shall be amended in accordance with the following regulations.
3
1
In paragraph (1) of regulation 25 the expression “(“Form 4”)” shall be inserted immediately after “these Regulations”.
2
In paragraph (4) of regulation 25 the expression “(“Form 5”)” shall be inserted immediately after “these Regulations”.
3
The following paragraphs shall be inserted immediately after paragraph (4) of regulation 25 —
4A
A person may make a return required by this regulation on an electronic version of Form 4 or Form 5 (as appropriate) using electronic communications.
4B
Such a method of making a return shall be referred to in this Part as an “electronic return system”.
4C
A person may only make a return by way of an electronic return system on condition that —
a
the electronic return system in question takes a form approved by the Commissioners in a specific or general direction; and
b
that person remains authorised by the Commissioners in accordance with paragraph (4G) below.
4D
No return shall be treated as having been made under paragraph (4A) above unless the conditions imposed by paragraph (4C) above are satisfied.
4E
An electronic return system shall incorporate an electronic validation process.
4F
Subject to paragraph (4D) above —
a
the use of an electronic return system shall be proved to have resulted in the making of the return to the Controller only if this has been successfully recorded as such by the relevant electronic validation process;
b
the time of making the return to the Controller using an electronic return system shall be conclusively presumed to be the time recorded as such by the relevant electronic validation process; and
c
the person making the return to the Controller shall be presumed to be the person identified as such by any relevant feature of the electronic return system.
4G
The Commissioners may on application authorise a person to make returns using an electronic return system and may revoke any such authorisation.
4H
The Commissioners shall pay proper regard to the following factors before authorising a person or revoking an authorisation under paragraph (4G) above —
a
the state of development of any relevant electronic return system;
b
the protection of the revenue;
c
the degree of compliance of the person concerned with this Part; and
d
any other relevant factor.
4I
A person shall not be authorised to make returns using an electronic return system only by reason of being —
a
registered under regulation 6 above in substitution for a person who has been so authorised (transfer of a going concern); or
b
required by the Commissioners under regulation 30 below to comply with the requirements of this Part (person acting in a representative capacity).
4J
The electronic versions of Forms 4 and 5 shall not differ in any material respect from those in Schedule 1 to these Regulations but may include relevant modifications.
4K
Paragraphs (1) and (4) above shall have effect in relation to a return made by way of an electronic return system as if the expression “, signed by him,” were omitted.
4L
Paragraphs (4A) to (4K) above shall not be taken as affecting any provision except in relation to the means of making a return to the Controller.
.
4
The following shall be inserted immediately after paragraph (2) of regulation 40 —
2A
Where a return is made in accordance with regulation 25 above using an electronic return system, the relevant payment to the Controller required by paragraph (2) above shall be made solely by means of electronic communications that are acceptable to the Commissioners for this purpose.
.
5
In regulation 115(3) —
a
for “£250” there shall be substituted “the sum specified in paragraph 8(1) of Schedule 4 to the Act”; and
b
for “pursuant to paragraph 8(1) of Schedule 4 to the Act” there shall be substituted “pursuant to that paragraph”.
6
In regulations 132 and 133 the word “new” shall be omitted.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
8th February 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2000 and shall come into force on 6th March 2000.
2
These Regulations shall apply only in relation to England and, except for regulation 3, only in relation to budget statements prepared for the financial year beginning on 1st April 2000.
Interpretation
2
1
In these Regulations–
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1999 Budget Statements Regulations ” means the Education (Budget Statements and Supplementary Provisions) Regulations 1999 ;
“the 2000 Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 ;
“allocation formula” means the authority ’s formula under regulation 10 of the 2000 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ DfEE number” means the reference number allocated to a school by the Department for Education and Employment;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LEA number” means the reference number allocated to an authority by the Department for Education and Employment;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“school” means a maintained school;
“special educational needs” and “special educational provision ” have the meanings given to those expressions by section 312 of the 1996 Act;
“Standards Fund grant” means grant paid under section 484 of the 1996 Act together with the authority’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“version number” means a number which distinguishes a particular form submitted by the authority from earlier versions of that form prepared by them.
2
In these Regulations, unless the context otherwise requires,–
a
references to primary or secondary schools do not include special schools; and
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (8) or any adjustment under paragraph (9) of regulation 11 of the 2000 Regulations.
3
The following table shows provisions of the 1996 Act or the 1998 Act defining or otherwise explaining expressions used in these Regulations–
financial year section 579(1) of the 1996 Act scheme section 48(1) of the 1998 Act school’s budget share section 47(1) of the 1998 Act.
4
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
Amendment of the 1999 Budget Statements Regulations
3
Regulations 4 to 8 of, and the Schedules to, the 1999 Budget Statements Regulations shall apply only in relation to budget statements relating to the financial year beginning on 1st April 1999.
Prescribed form of, and information to be contained in, budget statements
4
1
A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows–
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the information, relating to the authority’s planned expenditure for the financial year to which the budget statement relates, specified in the notes to Part 1 in Schedule 1;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information, with respect to the authority’s planned expenditure for each school for the financial year to which the budget statement relates, specified in the notes to Part 2 in Schedule 2;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information with respect tot he authority’s allocation formula specified in the notes to Part 3 in Schedule 3; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the budget statement relates specified in Schedule 4.
2
The following information must appear at the top of each of Parts 1 to 4 of a budget statement–
a
the financial year to which the budget statement relates;
b
the authority’s name;
c
the authority’s LEA number;
d
the authority’s E-mail address;
e
the name of a person who can deal with queries in relation to the completed form;
f
that person’s telephone number;
g
the version number; and
h
the date that the form was completed.
3
Where a person is carrying out functions on behalf of an authority then the authority shall include information in Parts 1 to 4 of the budget statement as if expenditure by that person in carrying out those functions were expenditure by the authority.
Prescribed manner and time of publication of budget statements
5
For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by–
a
supplying copies to the Secretary of State for Education and Employment in accordance with regulation 6; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
6
1
Three copies of Parts 1 and 2 of the budget statement shall be supplied to the Secretary of State for Education and Employment in paper form and one copy in the form of machine readable data by E-mail or on a floppy disc provided for that purpose by the Secretary of State.
2
Three copies of Parts 3 and 4 of the budget statement shall be supplied to the Secretary of State for Education and Employment in paper form except that if a copy of Part 4 is also supplied in the form of machine readable data only one copy of that Part need be supplied in paper form.
3
Any computer language or software used to supply tables must be one which the Secretary of State for Education and Employment has notified to the authority.
7
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
A budget statement may not be revised during the financial year to which it relates other than to correct errors in the statement as previously published.
3
A revised budget statement shall be subject to regulations 4, 5, 6, 7(2) and 8.
8
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 3 of the budget statement and with a copy of that part of Part 4 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the authority shall furnish them with a complete copy of Part 4 of the budget statement.
Estelle Morris
Minister of State,
Department for Education and Employment
4th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) (Amendment) Regulations 2000, and shall come into force on the day after the day on which they are made.
Amendment of the 1999 Regulations
2
The Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) Regulations 1999 are amended as follows:
a
for regulation 1(2)(b) there is substituted —
b
“the EC Regulation ” means Council Regulation (EC) No. 1294/1999 of 15 June 1999 concerning a freeze of funds and a ban on investment in relation to the Federal Republic of Yugoslavia ( FRY ) , as amended by Council Regulation (EC) No. 723/2000 of 6 April 2000 .
;
b
in regulation 2, the existing provision shall constitute paragraph (1) and the following paragraph is added —
2
Any person who, without reasonable excuse, commits a breach of Article 6(1) of the EC Regulation shall be guilty of an offence.
;
c
in regulation 3, for “Article 8(2)” there is substituted “Article 8(4)”;
d
in regulation 5 —
i
in paragraph (1), for “regulation 2” there is substituted “regulation 2(1)”;
ii
in paragraph (2), after “under” there is inserted “regulation 2(2) above or”;
e
in the Schedule, in paragraph 1(2), for “Article 7(4)” there is substituted “ Article 7(5)”.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
19th May 2000


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax) (No. 3) Order 2000 and shall come into force on 17th July 2000.
2
Transport for London (the body corporate established by section 154 of the Greater London Authority Act 1999 ) is specified for the purposes of section 33 of the Value Added Tax Act 1994.
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2000


text:
Title and commencement
1
These Regulations may be cited as the Tetrachloroethylene in Olive Oil (Revocation) Regulations 2000 and shall come into force on 1st May 2000.
Revocation and amendment
2
1
The Tetrachloroethylene in Olive Oil Regulations 1989 are hereby revoked.
2
The Food Safety (Consequential Modifications) (England and Wales) Regulations 1990 are hereby amended by omitting the entries relating to the Tetrachloroethylene in Olive Oil Regulations 1989 in Part I of Schedule 1, Part II of Schedule 3, and Schedule 5.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
24th March 2000
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
22nd March 2000
Signed by authority of the Secretary of State for Wales
David Hanson
Parliamentary Under Secretary of State, Welsh Office
30th March 2000


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) Order 2000 and shall come into force on 8th February 2000.
2
This Order extends to England only .
Designation as a public body
2
Each of the persons named in column (1) of the Schedule to this Order, being a person appearing to the Secretary of State for the Environment, Transport and the Regions to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970.
Restrictions on agreements
3
Agreements which may be entered into by virtue of this Order by any of the bodies mentioned in article 2 above shall, where an authority is named in relation to it in column (2) of the Schedule to this Order, be restricted to agreements with an authority so named.
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
17th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Navigation Services Charges) Regulations 2000 and shall come into force on 1st April 2000.
Interpretation
2
1
In these Regulations–
“aircraft documents”, in relation to any aircraft, means any certificate of registration, maintenance or airworthiness of that aircraft, any log book relating to the use of that aircraft or its equipment and any similar document;
“airport charges” means charges payable to a person owning or managing an aerodrome in the United Kingdom to which section 88 of the Civil Aviation Act 1982 or any enactment having the force of law in Northern Ireland containing provisions corresponding to that section for the time being applies for the use of, or for services provided at, the aerodrome but does not include charges payable by virtue of these Regulations;
“authorised person” means–
any constable; and
any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“the court” means, as respects England and Wales, the High Court, as respects Scotland, the Court of Session and, as respects Northern Ireland, the High Court of Justice in Northern Ireland;
“operator”, in relation to an aircraft, means the person who, at the relevant time, has the management of that aircraft;
“the specified amount” means, in relation to a landing or take-off, the additional cost incurred by the CAA in providing navigation services by reason of the landing or take-off, as the case may be, being made outside hours;
“the standard charge” means, for each complete metric tonne of the maximum total weight authorised of the aircraft in respect of which the charge is made, and for each fraction of a metric tonne, a charge for services provided in connection with the use of any one of the aerodromes specified in column 1 of the following Table in respect of an aircraft engaged on any flight, of the amount specified in relation to that aerodrome in column 2 of the said Table;
TABLE
(1) (2)
Heathrow-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.08
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.44
Gatwick-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.08
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.44
Stansted-London
For each metric tonne and for each fraction of a metric tonne up to 100 metric tonnes
£1.08
For each additional metric tonne, and for each fraction of a metric tonne, over 100 metric tonnes
£0.44 Aberdeen (Dyce) £3.38 Edinburgh £1.78 Glasgow £2.05
“United Kingdom Air Pilot” means a document published by the CAA and so entitled;
“within hours” means within the notified hours of watch of the air traffic control unit at the aerodrome, and “outside hours” shall be construed accordingly.
2
Unless otherwise defined in this regulation and unless the context otherwise requires, expressions used in these Regulations shall have the same respective meanings as in the Air Navigation ( No. 2) Order 1995 .
Revocation
3
The Regulations specified in Schedule 1 hereto are hereby revoked.
Charges for navigation services at aerodromes
4
1
Subject to the provisions of these Regulations, the operator of every aircraft for which navigation services are provided by the CAA in connection with the use of an aerodrome referred to in the Table in regulation 2(1) of these Regulations (whether or not the services are actually used or could be used with the equipment installed in the aircraft) shall pay to the CAA for those services on the occasion specified in the first column of the following Table the charges specified in relation to those occasions in the second column thereof–
TABLE
a
Upon each landing of the aircraft at that aerodrome within hours
the standard charge.
b
Upon each landing of the aircraft at that aerodrome outside hours
the standard charge surcharged by 75% or by the specified amount whichever is the greater.
c
Upon each take-off of the aircraft at that aerodrome outside hours being either–
i
a take-off which does not take place within 1 hour of landing or
ii
a take-off which takes place within 1 hour of a landing made within hours
the specified amount or 75% of the standard charge whichever is the greater.
2
Where on the occasion of any landing or take-off (as the case may be) other than one to which paragraph (4) applies in connection with a flight which is not for the purpose of public transport the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
3
Subject to paragraph (6) below, where on the occasion of any landing or take-off (as the case may be) at Aberdeen (Dyce), Edinburgh or Glasgow aerodrome by an aircraft on a scheduled journey the shortest distance in the case of a landing between the aerodrome of departure and the aerodrome of landing and in the case of a take-off between the aerodrome of departure and the aerodrome of intended landing does not exceed 185 kilometres measured along the great circle, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge”.
4
Where on the occasion of any landing or take-off (as the case may be) in connection with a flight made exclusively for the purpose of instruction or testing of flight crew, for the references to “the standard charge” in the Table in paragraph (1) of this regulation there shall be substituted references to “50% of the standard charge” in the case of any aerodrome referred to in the Table in regulation 2(1) of these Regulations.
5
The minimum charge payable under this regulation shall be £10.00.
6
Paragraph (3) above shall not apply to any flight to which regulation 7 applies.
Charges for approach services provided from an aerodrome to aircraft which do not land at that aerodrome
5
1
Subject to the provisions of these Regulations, the operator of every aircraft engaged on a flight which is not for the purpose of public transport for which navigation services are provided by the CAA in connection with an approach to an aerodrome referred to in the Table in regulation 2(1) of these Regulations, not being the aerodrome of intended landing of the aircraft (whether or not the services are actually used or could be used with the equipment installed in the aircraft), shall pay to the CAA for those services for each approach to any aerodrome referred to in the said Table 25% of the standard charge.
2
The minimum charge payable under this regulation shall be £10.00.
Charges for services provided in the Shanwick Oceanic Control Area
6
Subject to the provisions of these Regulations, the operator of every aircraft (whether or not registered in the United Kingdom) which flies within the Shanwick Oceanic Control Area, as described in the United Kingdom Air Pilot on the date these Regulations are made, and in respect of which a flight plan is communicated to the appropriate air traffic control unit in relation to its flight in that Area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £55.00.
Charges for services provided for North Sea helicopters
7
1
Subject to the provisions of these Regulations, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (2) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA, for the navigation services made available by it in relation to that flight, a charge of £189.00.
2
The area referred to in paragraph (1) of this regulation is the area bounded by straight lines joining successively the following points–
6300N 00500W; 632833N 000000EW; thence south along the UK Median Line to 5500N 00302E; 5500N 00100W; 5600N 00230W; 5740N 00230W; 5740N 00400W; 5830N 00400W; 5830N 00500W; 6300N 00500W.
3
Subject to the provisions of these Regulations, the operator of every helicopter (whether or not registered in the United Kingdom) which flies within the area specified in paragraph (4) of this regulation while on a flight from any place in the United Kingdom to a vessel or an off-shore installation within the said area shall pay to the CAA for the navigation services made available by it in relation to that flight, a charge of £74.00.
4
The area referred to in paragraph (3) of this regulation is the area bounded by straight lines joining successively the following points–
5500N 00100W; 5500N 00300E; 5423N 00245E; 5256N 00309E; 5230N 00247E; 5226N 00137E; 5238N 00140E; 5251N 00124E; 5319N 00010E; 5500N 00100W.
Value Added Tax charge
8
For the purpose of reimbursing the CAA in respect of value added tax payable on the provision of navigation services for which a charge is payable pursuant to these Regulations there shall be charged an additional charge equal to the amount of such tax and the incidence of the first mentioned charge shall determine the incidence of the additional charge.
Services provided outside hours where the intention to land or take-off is not carried out
9
1
Subject to paragraph (2), whenever, by reason of its having received from the operator or commander of an aircraft notice of intention to make use outside hours of an aerodrome referred to in the Table in regulation 2(1) of these Regulations for landing or take-off or as an alternate aerodrome, the CAA provides navigation services outside hours but the aircraft does not land or take-off on the occasion specified in the notice, the operator of the aircraft shall pay, in respect of each such aerodrome–
a
in the case of an intended landing or intended use of the aerodrome as an alternate aerodrome, an amount equal to the surcharge payable under paragraph (b) of the Table in regulation 4(1) of these Regulations on the landing of the aircraft outside hours;
b
in the case of an intended take-off, an amount equal to the charge, if any, which would have been payable under paragraph (c) of the Table in regulation 4(1) of these Regulations if the aircraft had actually taken off outside hours at the intended time.
2
A charge shall not be payable under this regulation if the notice of intention is cancelled not less than 30 minutes before the end of the last period of watch within hours before the time specified in the notice for landing or for the intended use of the aerodrome as an alternate aerodrome or for take-off, as the case may be.
Dispensations
10
The CAA may dispense wholly or in part with any charge payable by virtue of these Regulations if it determines that it is proper to do so having regard to all the circumstances of the case.
Detention and sale of aircraft for unpaid charges
11
Where default is made in the payment of charges incurred in respect of any aircraft under these Regulations, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either–
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
12
The CAA or authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable under these Regulations if the operator of the aircraft or any other person claiming an interest therein–
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 11(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
13
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to the CAA for charges under these Regulations, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
14
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in Schedule 2 to these Regulations. If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
15
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say–
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the Court has found to be due by virtue of these or any other Regulations under section 73 of the Civil Aviation Act 1982;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
16
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 12 to 15 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
17
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
18
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on any aerodrome referred to in the Table in regulation 2(1) of these Regulations or to which section 88 of the Civil Aviation Act 1982 for the time being applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
19
Nothing in these Regulations shall prejudice any right of the CAA to recover any charges, or any part thereof, by action.
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
1st March 2000
We consent to the making of these Regulations
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2000


text:
Citation and commencement
1
This Order may be cited as the Administration of Oaths (Summary Appeal Court) (Army) Order 2000 and shall come into force on 2nd October 2000.
Administration of oaths
2
1
For the purposes of section 83ZK of the Army Act 1955 —
a
the Judge Advocate General shall, subject to paragraph (2), administer the oath to be sworn by a judge advocate; and
b
a judge advocate shall administer the oath to be sworn by a lay member of the court,
and the oath shall be in such form and administered in such manner as provided in the Schedule to this Order.
2
Where the oath is to be sworn by the Judge Advocate General, it shall be administered to him by the Lord Chancellor.
3
In this Order —
“judge advocate” means a judge advocate appointed under section 83ZB of the Army Act 1955; and
“lay member of the court” means an officer qualified for membership of the summary appeal court under section 83ZC of the Army Act 1955.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption (Amendment) Order 2000 and shall come into force on 29th September 2000.
2
The Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 1999 (“the 1999 Order ”) shall be amended in accordance with the following provisions.
3
In article 4(2) of the 1999 Order —
a
for the words “regulation 5(1)(a) and (c)” there shall be substituted “regulation 5(1)(a), (b) and (c), and subject to the condition in article 4A(1) below”;
b
“regulation 12;” shall be inserted at the appropriate place in numerical order; and
c
for the words “regulation 20(1)(d) and (e)” there shall be substituted “regulation 20(1)(d), (e) and (f), and subject to the condition in article 4A(2) below”.
4
After article 4 of the 1999 Order there shall be inserted —
4A
1
The exemption given by article 4(2) above in relation to regulation 5(1)(b) shall only apply while —
a
the maximum amount of pressure required to operate a door control does not exceed 40 newtons; and
b
the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is reasonably available to assist a disabled person.
2
The exemption given in article 4(2) above in relation to regulation 20(1)(f) is given on the condition that, until a handrail compliant with regulation 20(1)(f) is installed, no other hinged handrail is installed to the side of the toilet in the nearest toilet cubicle to a wheelchair space.
5
After article 5(3) of the 1999 Order there shall be inserted —
3A
The exemption given in respect of regulations 5(1)(b), 12 and 20(1)(f) shall cease at the end of 31st March 2001.
Signed by Authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th September 2000


text:
Citation and commencement
1
This Order may be cited as the Milton Keynes Community Health National Health Service Trust (Dissolution) Order 2000 and shall come into force on 1st October 2000.
Dissolution of NHS trust
2
The Milton Keynes Community Health National Health Service Trust established by the Milton Keynes Community Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
24th September 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Penalties) Regulations 2000 and shall come into force on 3rd April 2000.
2
In these Regulations —
“ Audited Accounts Regulations ” means the Occupational Pension Schemes (Requirement to obtain Audited Accounts and a Statement from the Auditor) Regulations 1996 ; and
“ Register Regulations ” means the Register of Occupational and Personal Pension Schemes Regulations 1997 .
Amendment to regulation 2(3) of the Audited Accounts Regulations
2
For paragraph (3) of regulation 2 of the Audited Accounts Regulations there shall be substituted the following paragraphs —
3
Where the trustees or managers of a scheme have failed without reasonable excuse to take all such steps as are necessary to secure compliance with either the requirement to obtain accounts audited by the auditor of the scheme or the requirement to obtain an auditor’s statement about contributions to the scheme in accordance with paragraph (1)(a) or (b), they shall be liable to pay to the Occupational Pensions Regulatory Authority, within 28 days from the date of its imposition, a penalty not exceeding —
a
£5,000 in the case of an individual; and
b
£50,000 in any other case.
4
Section 3 of the Pensions Act 1995 shall apply to a trustee of a scheme in respect of any failure by that trustee to comply with the requirements of paragraph (1)(a) or (b).
.
Amendments to regulation 7 of the Register Regulations
3
1
In regulation 7(1) of the Register Regulations, for the words “fails to comply with any duty imposed under regulation 4(1), 5, 8(2) or (3)” there shall be substituted the words “fails to comply with the duty imposed under regulation 8(2)”.
2
In regulation 7(2) of the Register Regulations, before the words “fails to comply with the condition specified in regulation 6(5)” there shall be inserted the words “fails to comply with any duty imposed under regulation 4(1), 5 or 8(3) or”.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
20th March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Islington) 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 Islington 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
18th May 2000


text:
PART I
PRELIMINARY
Citation and Commencement
1
These Rules may be cited as the Faculty Jurisdiction (Care of Places of Worship) Rules 2000 and shall come into force on the day appointed under Section 7(2) of the Care of Places of Worship Measure 1999 for the coming into operation of Section 3 of that Measure.
Interpretation
2
1
In these Rules
“the 1991 Measure” means the Care of Churches and Ecclesiastical Jurisdiction Measure 1991;
“the Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“advisory committee” in relation to a diocese or archdeaconry means (subject to section 3(5)(b) of the Measure) the Diocesan Advisory Committee of the diocese or of the diocese in which the archdeaconry is situated, as the case may be;
“the archdeacon” means the archdeacon of each archdeaconry in the diocese;
“building” means any building (as defined in Section 6(1) of the Measure) included in the list, and includes:
any curtilage, monument, object or structure included in the list under section 1(4) of the Measure, and
any object or structure fixed to the building, as so defined;
“building listed under the Act” means a building which is or is part of a listed building as defined by the Act;
“the chancellor” and “the registrar” in relation to any proceedings mean (subject to section 3(5) of the Measure) the chancellor and the registrar respectively of the diocese in which the building is situated (or is deemed to be situated under section 6(3) of the Measure) and include any person appointed to act as the deputy of the chancellor or registrar, as the case may be;
“confirmatory faculty” means a faculty which validates any act requiring a faculty which has been done without prior authorisation by faculty;
“the Council” refers the Council for the Care of Churches;
“diocese” means the diocese in which the building concerned is situated (or is deemed to be situated under Section 6(3) of the Measure);
“English Heritage” means the Historic Buildings and Monuments Commission for England;
“exhumation” means the removal from the ground, catacomb, mausoleum, or columbarium of a body or cremated human remains;
“faculty”, “petition for a faculty”, or “proceedings for a faculty” mean a faculty, petition or proceedings in relation to a building;
“interim faculty” means any licence or order made by the chancellor in respect of any works or proposals pending the final determination by him of a petition for faculty for such works or proposals;
“list” means the list maintained by the Council for the Care of Churches under Section 1(1) of the Measure;
“the Measure” means the Care of Places of Worship Measure 1999;
“national amenity society” means any of the following, the Ancient Monuments Society, the Council for British Archaeology, the Georgian Group, the Society for the Protection of Ancient Buildings, the Victorian Society, the Twentieth Century Society and such other body as may from time to time be designated by the Dean of the Arches and Auditor as a national amenity society for the purpose of the 1991 Measure;
“Statement of Needs” means a document which sets out the reasons why it is considered that the needs of the users of the building cannot be met without making changes to the building;
“Statement of Significance” means a document which summarises the historical development of the building and identifies the important features that make major contributions to the character of the building.
2
The Interpretation Act 1978 shall apply for the interpretation of these Rules as it applies for the interpretation of Measures passed by the General Synod.
PART II
PETITION AND PUBLIC NOTICE
Petitioner
3
The persons who may institute proceedings for a faculty in relation to a building shall include:
a
any person or body who may make an application for inclusion of the building in the list under the Measure;
b
any other person appearing to the chancellor to have a sufficient interest in the matter.
Seeking Advisory Committee Advice
4
1
Before submitting a petition for a faculty in the consistory court an intending applicant should seek the advice of the advisory committee in respect of the works or other proposals for which a faculty is required (except where the action proposed relates exclusively to exhumation or the reservation of a grave space).
2
An intending applicant should submit to the advisory committee designs, plans, photographs and other documents giving particulars of the works or other proposals together with a summary list of the works or proposals.
3
Where significant changes to a building listed under the Act are proposed the intending applicant should
a
provide the advisory committee (in addition to the particulars required by paragraph (2) of this rule) with a Statement of Significance and a Statement of Needs, and
b
if the works fall within paragraph 1 of Appendix B consult English Heritage, such of the national amenity societies as appears likely to have an interest in the building or the works, and the local planning authority in accordance with Appendix B.
4
If the advisory committee decides to recommend the works or proposals or to raise no objection to them its decision together with any provisos shall be set out in a certificate in Form No 1 in Appendix C and shall be sent to the intending applicant together with the designs, plans, photographs and other documents which were submitted to the advisory committee under paragraph (2) of this rule and are the subject of the certificate.
5
If the advisory committee decides not to recommend the works or proposals it shall inform the intending applicant by way of a certificate in Form No 1 in Appendix C and shall advise them that they are entitled to petition for a faculty from the chancellor, if they so wish, notwithstanding the committee’s decision.
6
When the advisory committee issues a certificate under paragraph (4) or (5) the certificate may include a recommendation to the intending applicant that they should consult English Heritage, or the local planning authority, or one or more of the national amenity societies, or the Council for the Care of Churches or any other body or person about some or all of the works or other proposals for which a certificate is sought if they have not already done so, and the advisory committee shall consider including such a recommendation in any case where it appears to the committee that the works
a
involve alteration to or extension of a building listed under the Act to such an extent as is likely to affect its character as a building of special architectural or historic interest, or
b
are likely to affect the archaeological importance of the building or archaeological remains existing within the building, or
c
in the case of a building in a conservation area (but not listed under the Act), will involve demolition affecting the exterior of the building.
Submission of Petition
5
1
As soon as they have received the advice of the advisory committee under paragraph (4) or (5) of rule 4 the applicant may submit to the diocesan registry a petition for a faculty in Form No 2 in Appendix C in respect of the works or other proposals and
a
the works or other proposals shall be fully and accurately stated in the petition and shall be the same as those in respect of which the advisory committee has supplied a certificate in Form No 1 in Appendix C under paragraphs (4) or (5) of rule 4, and
b
any designs, plans, photographs and other documents giving particulars of the works or proposals for which the faculty is required, together with the certificate of the advisory committee relating to those documents, shall be submitted with the petition.
2
Notwithstanding that any of the requirements of rule 4 have not been complied with a petition may at any time be submitted to the diocesan registry and every petition shall (subject to rule 36) be in Form No 2 in Appendix C.
Petition for Partial Demolition or Demolition
6
A petition for a faculty for the partial demolition or demolition of a building shall include all such statements and information, so far as relevant, as are required by Form No 2 in Appendix C.
Public Notice of Petition for a Faculty
7
1
As soon as a petitioner is ready to submit a petition for a faculty the petitioner shall fill in the public notice in Form No 3 in Appendix C and shall describe the works or proposals in the public notice in the same manner as they are described in the schedule to this petition.
2
Notwithstanding paragraph (1) above any petitioner may, if he so wishes, consult the registrar for advice prior to completing any petition or public notice, and he should do so in respect of the public notice where the petition relates to a matter which is not within Appendix A.
3
As soon as a petitioner has filled in the public notice he shall immediately
a
send or deliver to the registry the petition and the documents required by rule 5(1)(b);
b
send the public notice to the registrar, and the registrar may give such directions to the petitioner regarding display of the public notice as are appropriate in the circumstances of the case and the public notice shall be displayed in accordance with those directions;
c
send a copy of the public notice to English Heritage or other grant making body in accordance with the terms of any previous grant.
4
If on receipt of the petition and public notice the registrar considers that
a
the works or proposals are not adequately described in the public notice, or
b
the public notice should be displayed in a place or places other than or in addition to those specified in paragraph (5), or
c
the public notice should be displayed for a period longer than 28 days
then the registrar may give such directions to the petitioner as are appropriate in the circumstances of the case.
5
Subject to directions under paragraph (3)(b) or (4) of this rule and to rule 13(10):
a
a copy of the public notice shall be displayed for a continuous period of not less than 28 days in accordance with this paragraph;
b
display of the notice shall take place:
i
inside the building on a notice board or in some other prominent position, and
ii
on a notice board outside the building or in some other prominent position (whether on the outside of the building or elsewhere) so that it is readily visible to the public.
6
Upon the expiry of the period of 28 days required under paragraph (5) or such longer period as may be directed by the registrar under paragraph 4(c) of this rule the public notice or a copy thereof shall be returned to the registrar by the petitioner with the certificate of publication duly completed in accordance with Form No 3 in Appendix C.
PART III
MATTERS WITHIN THE ARCHDEACON'S JURISDICTION
Allocation to the Archdeacon
8
1
Where a petition for a faculty for any of the works or other proposals specified in Appendix A to these Rules (not being works falling within rule 13(3)) is unopposed and the advisory committee recommends the works or proposals in question or raises no objection to them, the archdeacon may exercise the jurisdiction of the consistory court of the diocese in respect of every petition for a faculty arising in that archdeaconry to the extent provided in that Appendix.
2
Subject to rule 9, if the registrar is satisfied that the subject matter of the petition falls within the jurisdiction conferred upon an archdeacon under paragraph (1) of this rule the registrar shall endorse the petition accordingly and send it to the archdeacon for consideration.
3
An archdeacon with jurisdiction under paragraph (1) shall not make a final determination in relation to any petition for a faculty without first seeking the advice of the advisory committee in respect of the works or proposals the subject of the petition, provided that where the advisory committee supplied a certificate in Form No 1 under rule 4(4) above in respect of the same works or proposals not more than 12 months prior to the submitting of the petition the advisory committee may, if appropriate, confirm that they do not wish to alter that certificate.
4
Having decided to grant a faculty the archdeacon shall endorse the petition accordingly and shall return it to the registrar whereupon the registrar on the expiry of the period for objection specified in rule 16 and provided the petition is unopposed shall issue:
a
the faculty in Form No 5 in Appendix C, and
b
a certificate in Form No 6 in Appendix C to be completed in accordance with the requirement in the faculty.
5
If any person objects to the grant of a faculty before the archdeacon has determined the matter the registrar shall notify the archdeacon who shall immediately return the petition to the registrar and if an objection is received after the archdeacon has endorsed the petition under paragraph (4) above the archdeacon’s decision shall be of no effect and the petition shall be referred to the chancellor by the registrar and be dealt with by the chancellor.
Referral from the Archdeacon to the Chancellor
9
1
An archdeacon who has been personally involved with the petitioner, in relation to the subject matter of the petition or otherwise to such an extent that the archdeacon deems it inappropriate to act in the matter, shall decline to exercise jurisdiction in relation to a petition for faculty and shall so inform the registrar prior to the allocation of the petition, or if this is not practicable shall as soon as possible return the petition and accompanying papers to the registrar who shall immediately endorse the petition as one to be dealt with the chancellor.
2
An archdeacon may for any reason decline in advance to exercise jurisdiction in relation to any petition for a faculty and may after referral of a petition falling within the archdeacon’s jurisdiction, return the petition to the registrar with a request that the petition or any matter raised in it be referred to the chancellor for decision or advice.
3
If an archdeacon becomes aware of any matter for which a faculty is required and considers that the matter
a
needs to be dealt with as a matter of urgency without reference to the advisory committee for advice in accordance with section 15(2) of the 1991 Measure, or
b
may necessitate the issue of an injunction, the making of a restoration order or the grant of any interim faculty pending the final determination of the matter, or
c
gives rise to any question as to the payment of costs or expenses,
then, whether or not a petition has been submitted, the archdeacon shall inform the registrar who shall immediately refer the matter to the chancellor who may give such licence or other directions in respect of the matter on such terms or conditions as are appropriate in the circumstances of the case.
Referral by the Registrar to the Chancellor
10
1
Notwithstanding anything in rule 8(1) the registrar shall refer the petition to the chancellor when it appears that
a
a confirmatory faculty is required, or
b
the proposed works or proposals raise a question of law or as to the doctrine, ritual or ceremonial of the Church of England or affect the legal rights of any person or body, or
c
any person or body may need to be specially notified, or
d
there is uncertainty whether the subject matter of the petition falls within the jurisdiction conferred on the archdeacon by rule 8(1), or
e
the advisory committee has not recommended the works or proposals and has so certified by paragraph 4 of Form No 1 in Appendix C, or
f
the petition raises matters which may justify the issue of an injunction, or
g
for any other reason it is desirable to refer the petition to the chancellor.
2
Where a matter is being dealt with by the archdeacon if at any stage in the proceedings the registrar becomes aware that information supplied in the petition is incorrect, or that information has been omitted from the petition, so that the matter falls outside the jurisdiction conferred on the archdeacon under rule 8(1) the registrar shall in writing immediately cancel the allocation of the petition to the archdeacon, give written notice thereof to the archdeacon and refer the matter to the chancellor, and the archdeacon shall immediately return the petition and accompanying documents to the registrar.
3
If any petition is referred to the chancellor pursuant to rules 9(1) or (2), or 10(1) or (2) above then, unless the chancellor orders otherwise, the matter shall proceed from the stage reached in the proceedings immediately before the petition was sent to the archdeacon under rule 8(2) as if the petition had been presented to the chancellor from the commencement of proceedings.
Register of Petitions
11
On receipt of any petition for a faculty for which the advice of the advisory committee is required to be sought under the 1991 Measure or these Rules the registrar shall notify the secretary to the advisory committee of the details of the petition in Form No 7 in Appendix C and the secretary shall enter the details in the register of petitions maintained on behalf of the advisory committee.
PART IV
MATTERS WITHIN THE CHANCELLOR'S JURISDICTION
Matters for Chancellor
12
1
Unless otherwise provided in these Rules all faculty matters shall be dealt with by the chancellor.
2
Any faculty granted by the chancellor in unopposed proceedings shall (subject to rule 36) be issued by the registrar in Form No 5 in Appendix C together with a certificate in Form No 6 in Appendix C to be completed in accordance with the requirement in the faculty.
Requirements as to Notice of Petition
13
1
If the chancellor directs or the law otherwise requires any person to be specially notified the registrar shall serve on him a copy of the public notice.
2
The chancellor may order that relevant details from the public notice be published in such newspapers or other publication and within such period of time as the chancellor directs.
3
Subject to the generality of rule 13(1), where is appears to the chancellor on preliminary consideration of the petition that the works for which a faculty is sought.
a
involve alteration to or extension of a building listed under the Act to such an extent as is likely to affect its character as a building of special architectural or historic interest, or
b
are likely to affect the archaeological importance of the building or archaeological remains existing within the building, or
c
involve demolition affecting the exterior of a building (which is not listed under the Act) in a conservation area
then, unless it appears to the chancellor from the available information that each of the following bodies has previously been consulted about those works and has indicated that it has no objection or comment to make the chancellor shall direct that English Heritage, the local planning authority and such of the national amenity societies as appears to be likely to have an interest in the building or the works shall be specially notified in accordance with the criteria applicable to consultation set out in paragraphs 2, 3 or 4 of Appendix B as appropriate.
4
In any case falling within
a
paragrah (3)(a) of this rule which affects a building listed under the Act as grade I or grade II* or the exterior of a building listed under the Act as grade II, or
b
paragraph 3(c) of this rule,
the chancellor shall direct that a notice stating the substance of the petition and giving a date by which any objection is to reach the registrar shall be published by the petitioner in a newspaper circulating in the locality and publication shall take place within 14 days of the giving of the direction, or within such other period as the chancellor may direct.
5
If the chancellor considers that the works or proposals will or may affect a grave or memorial maintained by the Commonwealth War Graves Commission the chancellor shall direct that the Commonwealth War Graves Commission be specially notified and the registrar shall pursuant to such direction serve on the said Commission a copy of the public notice.
6
Where a body has been specially notified pursuant to paragraph (3) or (5) of this rule that body shall have a period of 28 days from the date of service of special notice within which to send to the registry and the petitioner a written notice of objection containing the information required by Form No 4 in Appendix C or to send comments to the registrar in respect of the proposed works.
7
Where the petition is for a faculty for the partial demolition or demolition of a building and falls within section 17(2) or (3)(a) of the 1991 Measure:
a
the registrar shall give notice in writing to the bodies specified in section 17(4)(b) and, if relevant, to the bodies specified in section 17(5)(a) of the 1991 Measure and the bodies concerned shall have a period of 28 days from the date of the notice within which to give advice or to send to the registry and the petitioner a written notice of objection containing the information required by Form No 4 in Appendix C in respect of the proposed partial demolition or demolition,
b
the notice stating the substance of the petition (which is required by section 17(4)(a)(ii) of the 1991 Measure to be published by the petitioner in the London Gazette and in such other newspaper as the chancellor may direct) shall be published:
i
in the case of the London Gazette not more than 28 days after the petition was submitted to the registry,
ii
in the case of such other newspapers (including a newspaper circulating in the locality) within such period as the chancellor shall direct or, if no period is directed, within 14 days of the giving of the direction.
8
Where a petition relates exclusively to exhumation or reservation of a grave space or in any case where the chancellor gives directions in relation to a public notice or an amended public notice then subject to paragraph (9) below the registrar shall complete the public notice and give such directions for display of the public notice as the registrar considers appropriate or as the chancellor has directed.
9
In the case of a petition for a faculty for exhumation, the chancellor shall have the following powers that is to say:
a
if the chancellor is satisfied that any near relatives of the deceased person still living and any other persons who in the opinion of the chancellor it is reasonable to regard as being concerned with the matter are the petitioner or that they consent to the proposed faculty being granted, then the chancellor may dispense with the issue of a public notice and decree the issue of the faculty immediately;
b
in any other case the chancellor may dispense with public notice and may direct that any of the persons referred to in sub-paragraph (a) above who are not the petitioner shall be specially notified.
10
In any case where the chancellor is satisfied that a matter is an emergency that involves interests of safety or health, or the preservation of a building or part of it, and is of sufficient urgency to justify the grant of a faculty without obtaining the advice of the advisory committee, the chancellor
a
may dispense with the display of a notice under rule 7, and
b
having regard to all the circumstances may direct that a short period of notice be given to the persons or bodies identified in the directions,
and thereafter the chancellor may order the issue of a faculty immediately.
Advice of Advisory Committee
14
Save where a petition relates exclusively to exhumation or reservation of a grave space or the chancellor is satisfied that the matter is sufficiently urgent to justify the grant of a faculty without obtaining the advisory committee’s advice the chancellor shall not make a final determination in any petition for a faculty without first seeking the advice of the advisory committee in respect of the works or proposals the subject of the petition, provided that where the advisory committee supplied a certificate in Form No 1 under rule 4(4) in respect of the same works or proposals not more than 12 months prior to the submission of the petition the advisory committee may, if appropriate, confirm that they do not wish to alter that certificate.
Consultation with the Council for the Care of Churches
15
1
Paragraph (2) of this rule applies where a petition for a faculty:
a
concerns an article of particular historic, architectural, archaeological or artistic interest, and involves the introduction, conservation, alteration or disposal of that article,
b
involves the alteration to or extension of a building listed under the Act or the re-ordering of any building, which is likely in the opinion of the chancellor significantly to affect (when completed) the setting of any such article as is described in sub-paragraph (a), or
c
involves the movement or removal of any such article, which in the opinion of the advisory committee may be adversely affected thereby unless specific precautions are taken.
2
Where paragraph (1) applies then, unless the chancellor is satisfied that there has already been consultation with the Council for the Care of Churches in respect of the proposals the subject of the petition, insofar as they relate to the article in question, the chancellor shall direct the registrar to serve on the Council notice in Form No 8 in Appendix C.
3
In any case not within paragraph 1 of this rule where the chancellor considers that advice from the Council would be of assistance in relation to a petition for a faculty, the chancellor may direct the registrar to serve on the Council notice in Form No 8.
4
Where notice in Form No 8 is served under this rule, the registrar shall also serve on the Council a copy of the petition and such plans and other relevant documents which were submitted to the Registry under rule 5(1) as the registrar considers appropriate.
5
The written advice of the Council in response to such a notice shall be sent to the registrar as soon as practicable but in any event no later than six weeks from the date of receipt of the notice; if no such advice is received within six weeks (or such longer period as may be granted on request from the Council), the chancellor may proceed to determine the petition without such advice.
6
For the purposes of this rule, ‘article’ means an object fixed to land or a building, and a part of any such object.
Objections to Petition
16
1
Any interested person who wishes to object to a proposed faculty being granted for all or some of the works or other proposals shall at any time during the period of 28 days display of public notice of the petition required by rule 7(5) or such longer period as may be directed under rule 7(4)(c) write to the registrar and to the petitioner a letter of objection so as to arrive within the period of 28 days.
2
In this rule “interested person”, in relation to a petition for a faculty, means —
a
any person or body of persons (whether or not incorporated) appearing to the chancellor to have a sufficient interest in the subject matter of the petition;
b
the archdeacon of the archdeaconry in which the building is situated;
c
the local planning authority for the area in which the building is situated;
d
any national amenity society;
e
any other body designated by the chancellor for the purpose of the petition.
3
Following receipt of a letter of objection from an interested person (whether as to all or some of the works or proposals) the registrar shall after the end of the period of display of the public notice inform the objector in writing that he may:
a
leave the chancellor to take the letter of objection into account in reaching a decision without the objector becoming a party in the proceedings, in which case a copy of the letter of objection will be sent to the petitioner to allow them to comment on it before the chancellor reaches a decision, or
b
send or deliver to the registrar formal written particulars of objection in Form No 4 in Appendix C and thereupon become a party in the proceedings.
4
The registrar shall in addition —
a
inform the interested person that unless he chooses alternative (b) in paragraph (3) above, he will not be entitled to be heard at any hearing of the matter in open court in the consistory court which the chancellor may decide to hold, nor to make written representations if the proceedings are to be dealt with under rule 26, nor will he be a party to the proceedings for the purpose of any order for costs which may be made by the chancellor under section 60 of the Ecclesiastical Jurisdiction Measure 1963;
b
inform the interested person that if he chooses alternative (b) in paragraph (3) above he will be entitled to participate in the proceedings at a hearing in the consistory court or in any disposal of the proceedings under rule 26 and that he will be a party to the proceedings for the purpose of any order for costs which may be made by the chancellor under section 60 of the Ecclesiastical Jurisdiction Measure 1963, and shall send him a brief statement in terms approved by the chancellor as to the principles which apply to costs in the consistory court; and
c
provide the interested person with a copy of Form No 4 notifying him that if he chooses alternative (b) in paragraph 3 above he must send or deliver his completed Form No 4 to arrive at the registry within 21 days of receipt of the letter of notification and form from the registrar and also serve a copy of his completed Form No 4 on the petitioner within the same period of 21 days at such address as the registrar may direct, and
d
further inform the interested person that if no response and no Form No 4 is received by the registrar within the period of 21 days as required by sub-paragraph (d) above, he will be treated as having chosen the alternative course of action in paragraph (3)(a) and the matter will proceed accordingly.
5
Where any person has taken the course of action in paragraph (3)(a), or is to be treated as having done so under paragraph (4)(d), then the registrar shall, after the expiry of the period of 21 days
a
forward a copy of any letter of objection to the petitioner for comment by them within 7 days, and
b
not later than 7 days after expiry of the last date for comment, forward to the chancellor a copy of any letter of objection received under paragraph (1) above, together with any comments received from the petitioner.
6
On receipt of any letters or comments forwarded by the registrar under paragraph (5), the chancellor shall take into account in reaching a decision on the petition, or in giving any directions in the proceedings.
Unopposed Petition
17
In a case where either no letter of objection has been received under rule 16 or, if such letter of objection has been received, no particulars of objection have been submitted within the time allowed by rule 16(4)(c), or where the chancellor is satsified that all the parties concerned consent to the grant of a faculty, the chancellor may, subject to the production of any relevant evidence, and subject to the requirements of section 17 of the 1991 Measure, grant the faculty.
Further pleadings
18
Where particulars of objection have been submitted to the registry the petitioner may, and if ordered to do so shall, submit to the registry a written answer within 21 days of the submitting of those particulars and shall serve a copy of the answer on each of the other parties.
Directions
19
1
In any case the chancellor may give directions in writing without a hearing or may hold a hearing for directions which the parties or their representatives (whether or not legally qualified) and such other persons as the chancellor deems fit will be requested to attend. The chancellor or the registrar (if authorised by the chancellor) shall preside at any hearing for directions.
2
The purposes of the giving of directions are:
a
to encourage the parties to co-operate with each other in the exchange of information and documents in preparation for a hearing;
b
to fix timetables or otherwise control the progress of the proceedings;
c
to identify the issues which will need to be resolved at a hearing;
d
to deal with as many aspects of the matter as possible on the same occasion;
e
to give directions to ensure that the petition is considered and determined as quickly and efficiently as possible.
3
Having regard to paragraph (2) above the chancellor or the registrar shall direct as appropriate
a
how any evidence may be presented, whether by written statement or report followed by oral evidence at the hearing, or otherwise;
b
where there is a large number of objections making a similar point or points in the written objections that a specified number of them shall represent the interest of all those objectors at the hearing and may appear by themselves or by representatives (whether or not legally qualified);
c
that there be an exchange of the reports of expert witnesses to be called by the parties and that they be requested to identify matters upon which they agree and those upon which they disagree;
d
that the number of expert witnesses to be called on behalf of any party be limited to such number as the chancellor or registrar deems appropriate in the case in question;
e
that any reports provided to the chancellor by the advisory committee, the Council for the Care of Churches, English Heritage, any national amenity society or any local planning authority or other body shall be copied to the parties not less than 21 days before the date of the hearing.
4
In deciding whether and how to exercise the powers under this rule, the chancellor or registrar shall have regard to all the circumstances including:
a
the justice of the case;
b
the desirability of minimising dispute;
c
saving unnecessary expense;
d
avoiding delay;
e
the number of objectors and the grounds of objection to the proposals.
Time and Place of Hearing
20
1
Within the period of 28 days after expiry of the last date for compliance with any directions given under rule 19 above, or where the case is one to which section 17(4)(d) of the 1991 Measure applies, the registrar shall lay all the documents submitted to the registry before the chancellor who shall give directions as to a time and place for the hearing of the case.
2
In addition to notifying the parties the registrar shall send to the archdeacon, the Council, the advisory committee, and any other body which has given advice to the chancellor, written notice of the time and place of the hearing.
Evidence
21
1
The evidence at the hearing of any proceedings for a faculty shall be given orally save that the chancellor upon application by a party of the court of its own motion may by order direct
a
that all or any part of the evidence may be given before an examiner appointed by the chancellor or by affidavit, or
b
subject to paragraphs (2) and (3) below, that a written statement may be given in evidence without the attendance of the maker of the statement.
2
An application to submit a written statement in evidence at the hearing may be made by or on behalf of any person who is not a party to the proceedings and the chancellor may give leave for a written statement to be admitted in evidence without the attendance of the maker of the statement provided that a copy of the written statement is submitted to the registry and that a copy is delivered by that person to the parties not less than 21 days before the date of the hearing.
3
Notwithstanding anything in paragraph (1) above, the chancellor shall be entitled on receiving a copy of a written statement to require the attendance at the hearing of the maker of the statement for cross-examination by the parties, and if any party on receiving a copy of the statement applies to the chancellor for an order requiring the attendance of the maker of the statement at the hearing for cross-examination, the chancellor may make an order accordingly, and in the event of the failure of the maker of the statement to attend the hearing when required to do so under this paragraph, his written statement shall not be admitted in evidence save in exceptional circumstances with the leave of the chancellor.
Petition for Partial Demolition or Demolition
22
An application to give evidence made by a member of the Council for the Care of Churches or other person by virtue of section 17(4)(d) of the 1991 Measure shall be made to the registrar and shall
a
if made by a member of the Council or a person authorised by the Council, be in Form No 9 in Appendix C and be submitted to the diocesan registry not more than six weeks after the Council has received notice in writing of the petition under section 17(4)(b) of the 1991 Measure;
b
if made by any other persons, be in Form No 10 in Appendix C and be submitted to the registry not more than four weeks after the date of the last publication in accordance with rule 13(7) of the notice stating the substance of the petition;
c
be accompanied in either case (a) or (b) with a statement of the evidence to be relied upon.
Evidence of Council for the Care of the Churches
23
In any case not falling under rule 22 an application to give evidence may be made by a member of the Council for the Care of Churches or other person authorised by the Council to the registrar in Form No 10 in Appendix C and be submitted to the diocesan registry not less than 21 days before the hearing and shall be accompanied by a statement of the evidence to be relied upon.
English Heritage
24
In any case where English Heritage has been specially notified pursuant to rule 13(3) or in any other case an application to give evidence may be made by English Heritage to the registrar in Form No 9 in Appendix C and be submitted to the diocesan registry not less than 21 days before the hearing and shall be accompanied by a statement of the evidence to be relied upon.
Judge’s Witness
25
1
The chancellor may direct the attendance of a member of the advisory committee, the Council for the Care of Churches or any other person to give evidence at the hearing of the petition for a faculty, if it appears to the chancellor that the person directed to attend may be able to give relevant evidence and is willing to give it.
2
Where any person has applied in accordance with rule 22, 23 or 24 or has been directed under paragraph (1) to give evidence in proceedings for a faculty, the registrar shall give to the parties to the proceedings not less than 14 days' notice in writing that the evidence is to be given and of the name and address of the proposed witness and, in the case of a witness directed under paragraph (1) of this rule, of the nature of the evidence required of him.
3
Evidence given by any such person as is referred to in paragraph (2) of this rule shall be subject to cross-examination by the party or parties to the proceedings and any such witness may be permitted to ask questions of the party or parties with the leave of the chancellor.
Disposal of Proceedings by Written Representation
26
1
If the chancellor considers it expedient to do so and is satisfied that all the parties to the proceedings have agreed in writing, then the chancellor may order that the proceedings shall be determined upon consideration of written representations instead of by a hearing in court provided that no such order may be made in any case in which the chancellor is required to hear evidence in open court for the purposes of section 17(2) or 3(a) by virtue of section 17(4) of the 1991 Measure.
2
Where an order has been made by the chancellor under paragraph (1) above the registrar shall give notice
a
that the petitioner shall submit to the registry and serve on each of the other parties within 21 days of the direction a written statement in support of their case including the documentary or other evidence upon which they wish to rely;
b
that each of the other parties shall not more than 21 days after the submitting of the petitioner’s statement submit to the registry and serve on the petitioner a written statement in reply to the petitioner’s statement and in support of his case including any documentary or other evidence upon which he wishes to rely;
c
that the petitioner may not more than 14 days after the submitting of the statement of an opposing party submit to the registry and serve on such opposing party a written statement in response.
3
If any party does not comply with any such direction, the chancellor may declare him to be in default and may thereafter proceed to dispose of the case without any further reference to such party.
4
Any party against whom an order declaring him to be in default is made may at any time apply to the court to revoke that order, and the chancellor may as a matter of discretion revoke the order on such terms as to costs or otherwise as may be just.
5
Notwithstanding the existence of an order that the proceedings shall be dealt with by written representations, the chancellor may at any stage revoke the order and direct that the proceedings shall be determined at an oral hearing and the chancellor shall thereupon give directions for the future conduct of the proceedings.
6
The chancellor may, whether or not an application is made to the court by any party, inspect the building or any article or thing the subject of the petition or concerning which any question arises in the proceedings.
7
If no order has been made under paragraph (5), the chancellor shall determine the proceedings upon the pleadings and the written statements and evidence submitted under this rule, and the chancellor’s decision shall be as valid and binding on all parties as if it had been made after an oral hearing.
8
The chancellor or the registrar (if so authorised by the chancellor) may give such other directions as appear just and convenient for the expeditious dispatch of proceedings under this rule.
Issue of Faculty after opposed proceedings
27
If the chancellor decides to grant a faculty following either an oral hearing or a determination on the basis of written representations under rule 26 the registrar shall issue a faculty in Form No 5 in Appendix C adapted to meet the circumstances of the case and shall issue a certificate in Form No 6 in Appendix C to be completed in accordance with the requirement in the faculty.
PART V
MISCELLANEOUS AND GENERAL
Corporate or Unincorporated Bodies
28
For the purpose of rule 4 or any stage in proceedings for a faculty, one or more duly authorised members or officers may act on behalf of a corporate body or an unincorporated body of persons.
Appointment of person to act for Archdeacon
29
1
In making an appointment under section 16(3) of the 1991 Measure of a person to act in place of an archdeacon on the ground of incapacity, the bishop may act on such evidence of the incapacity of the archdeacon as he shall think sufficient, and a statement of the fact of the incapacity in the instrument of appointment shall be conclusive.
2
An instrument of appointment under section 16(3) shall be in Form No 11 in Appendix C.
Appointment of Person to sit as clerk of the court in place of registrar
30
If the chancellor by whom any proceedings for a faculty are to be heard is of opinion that by reason of the fact that the registrar has acted for any of the parties or has otherwise been personally connected with the proceedings the registrar ought not to sit as clerk of the court at the hearing, another practising solicitor or diocesan registrar shall be appointed by the chancellor to sit as such clerk in place of the registrar.
Service of Document
31
1
Service of any document may be effected —
a
by leaving the document at the proper address of the person to be served, or
b
by sending it by post to that address, or
c
by leaving it at a document exchange as provided for in paragraph (3) of this rule; or
d
by FAX as provided for in paragrah (4) of this rule; or
e
in such other manner (including electronic means) as the chancellor or registrar may direct.
2
For the purpose of this rule, and of the Interpretation Act 1978 in its application to this rule, the proper address of any person on whom a document is to be served under this rule shall be —
a
his usual or last known address, or
b
the business address of the solicitor (if any) who is acting for him in the proceedings.
3
Where —
a
the proper address for service includes a numbered box at a document exchange; or
b
there is inscribed on the writing paper of the party on whom the document is served (where such party acts in person) or on the writing paper of his solicitor (where such party acts by solicitor) a document exchange box number, and such a party or his solicitor (as the case may be) has not indicated in writing to the party serving the document that he is unwilling to accept service through a document exchange,
service of the document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents every business day to that document exchange; and any document which is left at a document exchange in accordance with this paragraph shall, unless the contrary is proved, be deemed to have been served on the second business day following the day on which it is left.
4
Service by FAX may be effected where
a
the party serving the document acts by a solicitor;
b
the party on whom the document is served acts by a solicitor and service is effected by transmission to the business address of such a solicitor; and
c
the solicitor acting for the party on whom the document is served has indicated in writing to the solicitor serving the document that he is willing to accept service by FAX at a specified FAX number and the document is transmitted to that number and for this purpose the inscription of a FAX number on the writing paper of a solicitor shall be deemed to indicate that such a solicitor is willing to accept service by FAX unless he has indicated in writing that he is not prepared to do so.
5
Any document required by these Rules to be submitted to the diocesan registry may be delivered at the registry, or sent by post properly addressed to the registrar at the registry.
General Provisions
32
1
Where anything is required by these Rules to be done not more than a specified number of days or weeks after a specified act or event, the day on which the act or event occurred shall not be counted.
2
The registrar or chancellor, on an application made by the person concerned, or the court of its own motion, may extend the time within which anything is required to be done by these Rules, and the application may be made although the time has expired.
3
The registrar or chancellor may exercise the power under paragraph (2) on an application made without notice to any other party, or may give directions for the giving of notice of the application and for a hearing.
4
Any such application may be granted on such terms as the registrar or chancellor thinks just.
5
The registrar or chancellor may give leave to any party to amend any pleading at any stage in the proceedings on such terms as are just and in the case of an amended petition such further public notice may be directed as the registrar or chancellor considers necessary having regard to the circumstances of the case.
Non-compliance and setting aside
33
1
Non-compliance with any of these Rules shall not render any proceeding void unless the chancellor so directs, but the proceedings may be set aside, either wholly or in part, as irregular, or may be amended or otherwise dealt with in such manner and upon such terms as the chancellor thinks fit.
2
Whenever it appears to the chancellor that it is just and expedient to do so the chancellor may order that a faculty be:
a
set aside, or
b
amended, provided that the amendment will not constitute a substantial change in the works or proposals already authorised by the faculty.
Procedural Questions
34
Where, in the exercise of the faculty jurisdiction, any procedural question or issue arises, or it is expedient that any procedural direction shall be given in order that the proceedings may expeditiously and justly be disposed of, and where no provision of these Rules appears to the chancellor to be applicable, the chancellor shall resolve such question or issue, or shall give such directions as shall appear to be just and convenient, and in doing so shall be guided, so far as practicable, by the Civil Procedure Rules for the time being in force.
Adjournment of Hearing
35
The chancellor may adjourn the hearing of any proceedings or application from time to time on such terms as the chancellor considers just.
Departure from Forms in Appendix C
36
1
Where any of these Rules (other than Rules 4(4) and (5), 5, and 7(1) and (6)) require a document to be in a form set out in Appendix C, and that form is not in all respects appropriate, the Rules shall be construed as requiring a form of the like character, with such variations as circumstances may require, to be used.
2
The chancellor may approve and direct forms to be used where a faculty is sought for exhumation or reservation of a grave space or in relation to any memorial or in any other appropriate case, except where any of these Rules (other than Rule 5(1)) require a document to be in a form set out in Appendix C.
Injunctions and Restoration Orders
37
The Faculty Jurisdiction (Injunctions and Restoration Orders) Rules 1992 shall apply with the necessary modifications in relation to a building as they apply in relation to a church as defined by Rule 2(1) of those Rules.
Dated this nineteenth day of June 2000
Sheila Cameron
John Bullimore
William Hawkes
Joanna Ingram
Lionel Lennox
Julian Litten
John Owen
+Ian Petriburg:
Frank Robson
Ian Russell
Approved by the General Synod this 10th day of July 2000
David Williams
Clerk to the Synod


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2000 and shall come into force on 2nd October 2000.
Relevant public authorities for all parts of the United Kingdom
2
1
Subject to paragraph (2), the public authorities listed in column 1 of the Schedule to this Order (being public authorities for the time being specified in Schedule 1 to the Regulation of Investigatory Powers Act 2000) are relevant public authorities for all parts of the United Kingdom.
2
Where there is an entry in column 2 against a particular authority, that authority is a relevant public authority for all parts of the United Kingdom only to the extent specified in that column.
Charles Clarke
Minister of State
Home Office
7th September 2000


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2000 and shall come into force on 6th April 2000.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 1.1%.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
21st February 2000


text:
Title and commencment
1
This Order may be cited as the Undersized Whiting (Revocation) Order 2000 and shall come into force on 15th June 2000.
Revocation
2
1
The Undersized Whiting Order 1992 is hereby revoked, except in so far as it:
a
forms part of the law of Scotland; or
b
has effect in relation to Wales.
2
For the purposes of paragraph (1), “Wales” has the same meaning as in section 155(1) of the Government of Wales Act 1998 .
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
3rd May 2000
John Reid
Secretary of State for Scotland
5th May 2000
Paul Murphy
Secretary of State for Wales
4th May 2000
Peter Mandelson
Secretary of State for Northern Ireland
3rd May 2000