text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Town and Country Planning (Appeals) (Written Representations Procedure) (England) Regulations 2000 and shall come into force on 1st August 2000.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Town and Country Planning Act 1990;
“appellant” means a person giving notice of appeal to the Secretary of State;
“document” includes a photograph, map or plan;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“notice of appeal” means a notice of appeal under section 78 of the Act;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations;
“starting date” means the date of the
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal; or
the date of his written notice under regulation 4 below,
whichever is later; and
“written representations” includes supporting documents.
Application
3
1
These Regulations apply where, after they come into force, an appellant informs the Secretary of State in the notice of appeal that he wishes the appeal to be disposed of on the basis of written representations.
2
Where an appeal under section 78 of the Act is not being disposed of on the basis of written representations and the appellant and the local planning authority inform the Secretary of State that they wish it to be disposed of on that basis, these Regulations apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
3
These Regulations cease to apply to proceedings if the Secretary of State informs the appellant and the local planning authority that he will afford to them an opportunity of appearing before and being heard by a person appointed by him for the purpose.
Notification of receipt of appeal
4
The Secretary of State shall, as soon as practicable after receipt of the notice of appeal, advise the appellant and the local planning authority in writing of —
a
the starting date;
b
the reference number allocated to the appeal; and
c
the address to which written communications to the Secretary of State about the appeal are to be sent.
Notice to interested persons
5
1
The local planning authority shall give written notice of the appeal within 2 weeks of the starting date to —
a
any person notified or consulted in accordance with the Act or a development order about the application which has given rise to the appeal; and
b
any other person who made representations to the local planning authority about that application.
2
A notice under paragraph (1) shall —
a
state the name of the appellant and the address of the site to which the appeal relates;
b
describe the application;
c
set out the matters notified to the appellant and local planning authority under regulation 4;
d
state that copies of any representations made by any person mentioned in paragraph (1), will be sent to the Secretary of State and the appellant;
e
state that any such representations will be considered by the Secretary of State when determining the appeal unless any person mentioned in (1) withdraws them within 6 weeks of the starting date; and
f
state that further written representations may be submitted to the Secretary of State within 6 weeks of the starting date.
Questionnaire
6
1
The local planning authority shall within 2 weeks of the starting date submit to the Secretary of State, and copy to the appellant —
a
a completed questionnaire;
b
a copy of each of the documents referred to in it.
2
The questionnaire shall state the date on which it is submitted to the Secretary of State.
Representations
7
1
The notice of appeal and the documents accompanying it shall comprise the appellant’s representations in relation to the appeal.
2
The local planning authority may elect to treat the questionnaire and the documents submitted with it as their representations in relation to the appeal; and, where they do so, they shall notify the Secretary of State and the appellant accordingly when submitting the questionnaire or sending the copy in accordance with regulation 6.
3
Where the local planning authority do not elect as described in paragraph (2), they shall submit 2 copies of their written representations to the Secretary of State within 6 weeks of the starting date.
4
If the appellant wishes to make any further representations to those in paragraph (1), he shall submit 2 copies of those further representations to the Secretary of State within 6 weeks of the starting date.
5
Any representations made to the Secretary of State under paragraphs (3) and (4) should be dated and submitted to the Secretary of State on the date they bear.
6
The Secretary of State shall, as soon as practicable after receipt, send a copy of any representations made to him by the local planning authority to the appellant and shall send a copy of any representations made to him by the appellant to the local planning authority.
7
The appellant and the local planning authority shall submit 2 copies of any comments they have on each other’s representations to the Secretary of State within 9 weeks of the starting date; and the Secretary of State shall, as soon as practicable after receipt, send a copy of these further comments to the other party.
8
The Secretary of State may disregard further information from the appellant and the local planning authority which was not submitted within 9 weeks of the starting date unless that further information has been requested by him.
Third party representations
8
1
If an interested person notified under regulation 5(1) wishes to submit representations to the Secretary of State, he shall do so within 6 weeks of the starting date.
2
The Secretary of State shall —
a
send to the appellant and the local planning authority, as soon as practicable after receipt, a copy each of all of the representations received from interested parties; and
b
specify a period of not less than 2 weeks within which any comments on the representations must be submitted.
3
The Secretary of State may disregard comments made by the local planning authority under paragraph (2)(b), where they have failed to notify interested persons in accordance with regulation 5.
Allowing further time
9
The Secretary of State may in a particular case give directions setting later time limits than those prescribed by the Regulations.
Decision on appeal
10
1
The Secretary of State may proceed to a decision on an appeal taking into account only such written representations as have been submitted within the relevant time limits.
2
The Secretary of State may, after giving the appellant and the local planning authority written notice of his intention to do so, proceed to a decision on an appeal notwithstanding that no written representations have been made within the relevant time limits if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
3
In this regulation “relevant time limits” means the time limits prescribed by these Regulations or, where the Secretary of State has exercised his power under regulation 9, any later time limit.
Mayor of London
11
1
In this regulation “the Mayor” means the Mayor of London.
2
Where an appeal arises from an application in respect of which the Mayor has directed the local planning authority to refuse the application and where the written representations procedure is adopted in accordance with regulation 3, these Regulations shall apply subject to the following modifications —
a
in regulation 2, in sub-paragraph (a) of the definition of “starting date”, after “the appellant” insert “, the Mayor”;
b
in regulation 4, after “advise the appellant” insert “, the Mayor”;
c
in regulation 6, after “and copy to the appellant” insert “and the Mayor”;
d
in regulation 7 —
i
for “2 copies” substitute “3 copies” where ever it occurs;
ii
in paragraph (2), after “the Secretary of State” insert “, the Mayor”;
iii
after paragraph (4) insert —
4A
If the Mayor wishes to make any representations in relation to the appeal, he shall submit 3 copies of those representations to the Secretary of State within 6 weeks of the starting date.
iv
in paragraph (5), for “paragraphs (3) and (4)” substitute “paragraphs (3), (4) and (4A)”;
v
in paragraph (6), after the first reference to “the appellant”, insert “and the Mayor” and after the second reference to “the local planning authority”, insert “and the Mayor, and shall send a copy of any representations made to him by the Mayor to the appellant and to the local planning authority.”;
vi
in paragraph (7), after “the appellant” insert “the Mayor” and for “other party” substitute “other parties”;
vii
in paragraph (8) after “from the appellant” insert “, the Mayor”.
e
in regulation 8, in paragraph (2)(a), after “send to the appellant” insert “, the Mayor”;
f
in regulation 10, in paragraph (2), after “giving the appellant” insert “, the Mayor”.
Revocation and transitional provisions
12
1
Subject to paragraph (2), the Town and Country Planning (Appeals) (Written Representations Procedure) Regulations 1987 (“the 1987 Regulations ”) are hereby revoked, so far as they extend to England.
2
Subject to paragraph (3), any appeal to which the 1987 Regulations applied which has not been determined on the date when these Regulations come into force shall be continued under the 1987 Regulations.
3
Where a decision of the Secretary of State on an appeal to which the 1987 Regulations applied is subsequently quashed in proceedings before any court, the decision shall be re-determined in accordance with these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
20th June 2000


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
These Regulations may be cited as the Rural Development Grants (Agriculture and Forestry) Regulations 2000 and shall come into force on 29th November 2000.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“applicant” means a person who has made an application;
“application” means an application made pursuant to regulation 4;
“approved operation” means an operation which has been approved by the Minister and “approve” and “approval” are to be construed accordingly;
“assistance priority” means one of the priorities of the strategy for the provision of Community assistance adopted in a Single Programming Document approved by the Commission in one of the Decisions listed in paragraphs 7, 8 and 9 of the Schedule to these Regulations;
“authorised person” means a person who is authorised by the Minister, either generally or specifically, to act in matters arising under these Regulations, and includes any official of the Commission who accompanies such an authorised person;
“beneficiary” means a person who has been granted approval for an operation;
“the Commission” means the Commission of the European Communities;
“Community assistance” means assistance from the Guidance Section of 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;
“Council Regulation 1260/1999/ EC ” means Council Regulation (EC) No. 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“financial assistance” means an amount paid or payable under these Regulations;
“the Minister” means the Minister of Agriculture, Fisheries and Food; and
“operation” means an investment, plan, project or action which is the subject of an application.
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 rural development
3
The Minister may pay financial assistance to a beneficiary towards expenditure incurred or to be incurred by him in connection with an approved operation.
Applications for approval of operations
4
An application for the approval of an operation shall be made in such form and contain such information as the Minister reasonably may require.
Approval of operations
5
1
The Minister may —
a
refuse to approve an operation 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 it unless he is satisfied that —
i
it is in accordance with an assistance priority; and
ii
it is eligible for Community assistance.
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 an operation under paragraph (1) or to vary an approval under paragraph (2), he shall —
a
give the applicant or beneficiary, as the case may be, notice in writing of his decision with a statement of his reasons;
b
give that applicant or beneficiary 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 thinks fit; and
b
subject to such conditions as the Minister reasonably may determine.
Information
8
1
A beneficiary shall supply the Minister with such information about an approved operation as the Minister reasonably may require.
2
Where the Minister requires such information, the beneficiary shall supply him with it within such period as the Minister reasonably may determine.
Powers of authorised persons
9
1
An authorised person may at all reasonable times, on producing, if so required, some duly authorised document showing his authority, enter on any land, other than land used solely for the purpose of a dwelling-house —
a
to which an application or approved operation relates; or
b
on which he has reasonable grounds to believe that documents relating to an application or approved operation are being kept,
for any of the purposes mentioned in paragraph (2).
2
The purposes referred to in paragraph (1) are —
a
inspecting the land to which the application or approved operation relates;
b
verifying the accuracy of any information provided by an applicant or beneficiary relating to an application or approved operation; and
c
determining whether or not a beneficiary has complied with the conditions of an approval.
3
An authorised person who has entered any land under paragraph (1) may —
a
inspect the land and any document, record or equipment on it which he reasonably believes relates to an application or approved operation;
b
require the applicant or beneficiary or any employee, servant or agent of such applicant or beneficiary, to produce, or secure the production of, any document or supply any additional information in his possession or under his control relating to the application or approved operation, as the case may be;
c
where any document or other record relating to the application or approved operation is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used in connection with that document or record;
d
require copies of or extracts from any such document or other record to be produced; and
e
seize and retain any document or other record which he reasonably believes may be required as evidence in proceedings under these Regulations, and if it is recorded otherwise than in a form in which it is legible or can be taken away, require it to be produced in a form in which it is legible or in which it can be taken away.
4
An applicant or beneficiary or any employee, servant or agent of such applicant or beneficiary shall give an authorised person all reasonable assistance in relation to the matters specified in paragraphs (1) to (3).
5
An authorised person entering any land under paragraph (1) may take with him such other persons as he considers necessary and paragraphs (3) and (4) apply to such persons when acting under the instructions of an authorised person as if they were authorised persons.
Record keeping
10
1
A beneficiary shall keep any invoice, account or other document relating to an approved operation 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 operation, subject to paragraphs (2) and (3).
2
If the beneficiary 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) does not apply if the document has been removed by an authorised person under regulation 9(3)(e).
Breaches of obligations
11
Where —
a
any information furnished to the Minister by the beneficiary is false or misleading;
b
the beneficiary breaches any of the conditions of an approval; or
c
the beneficiary breaches any requirement to which he is subject under these Regulations,
the Minister may exercise the powers contained in regulation 13.
Other cases in which recovery etc. powers apply
12
The Minister may exercise the powers contained in sub-paragraphs (1)(a) and (1)(b) and paragraph (2) of regulation 13 where —
a
there has been a material change in the nature, scale, costs or timing of the approved operation;
b
the approved operation has been or is being delayed, or is unlikely to be completed;
c
the whole or part of the payment of financial assistance in connection with an approved operation would duplicate assistance provided or to be provided out of monies made available by —
i
Parliament; or
ii
a body exercising public functions within the United Kingdom,
and for the purposes of paragraph (c), a payment duplicates such assistance if it would be paid for any of the same purposes.
Minister’s powers
13
1
Where regulations 11 or 12 apply, the Minister may exercise such of the following powers as are conferred on him by those regulations —
a
to withhold the whole or any part of the financial assistance payable to the beneficiary;
b
to recover on demand the whole or any part of any amount of financial assistance already paid to him; and
c
to require him to pay to the Minister an additional sum equal to no more than 10% of the financial assistance paid or payable to the beneficiary.
2
Where the Minister takes any step specified in paragraph (1), he may also serve in writing on the beneficiary by post at his last known address a notice suspending or terminating the approval.
3
Where, under paragraph (2), the Minister treats the approval as terminated, he may also by notice in writing served on the beneficiary by post at his last known address prohibit him from making an application for such period (not exceeding two years) from the date of the termination as may be specified in the notice.
4
Before taking any step specified in paragraph (1), (2) or (3), the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of making written representations within such time as the Minister considers reasonable and
c
consider any such representations.
Recovery of interest
14
1
If the Minister decides to recover any amount under regulation 11 or 12, he may also recover on demand interest on that amount for the period beginning with the day following that on which the amount was paid and ending on the day on which the Minister recovers it.
2
The rate at which the interest is payable for any day in that period is one percentage point above LIBOR .
3
For the purposes of paragraph (2) “LIBOR” means the sterling three month London interbank offered rate in force on the day in question, and in any proceedings relating to the recovery of such interest a certificate of the Minister stating the LIBOR applicable for any day is conclusive evidence of the rate applicable for that day if the certificate also states that the Bank of England notified the Minister of that rate.
Recovery of payments
15
In any case where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable as a debt.
Offences and penalties
16
1
A person is guilty of an offence if —
a
for the purposes of obtaining financial assistance for himself or any other person he knowingly or recklessly makes a statement which is false or misleading in a material particular; or
b
he intentionally obstructs an authorised person (or a person accompanying him and acting under his instructions) in the exercise of his powers under regulation 9.
2
Any person who is guilty of an offence under this regulation is liable —
a
in the case of an offence under paragraph (1)(a) —
i
on indictment, to a fine; or
ii
on summary conviction, to a fine not exceeding the statutory maximum;
and
b
in the case of an offence under paragraph (1)(b), to a fine not exceeding level 3 on the standard scale.
3
Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body or any person who was purporting to act in such a capacity, he also is guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (3) applies to acts and defaults of a member in connection with his management functions as if he was a director.
Revocations and transitional saving
17
1
The Rural Development Grants (Agriculture) (No. 2) Regulations 1995 (“the 1995 Regulations ”) and regulation 3 of the Agriculture (Closure of Grant Schemes) (England) Regulations 2000 are hereby revoked, subject to paragraph (2).
2
The revocations in paragraph (1) shall not affect the continued operation of regulations 5(2) and 6 to 12 of the 1995 Regulations in respect of financial assistance paid under those Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th October 2000


text:
1
This Order may be cited as the Finance Act 1999, Section 59(3)(b) (Appointed Day) Order 2000.
2
The day appointed for the purposes of section 59(2) and (3)(b) of the Finance Act 1999 is 1st September 2000.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 2000 and shall come into force on 19th May 2000.
Amendment of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993
2
For paragraph 2 of regulation 9 of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 substitute —
2
The condition is that, for income tax months falling within the current year, the average monthly amount found by the formula —
S + P + N + L - T will be less than £1,500.
Here —
S is the amount to be paid to the collector under regulation 8;
P is the amount which would be payable to the collector under regulation 40 of the Income Tax (Employments) Regulations 1993 if any adjustment to that amount under regulation 7(1) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992 and the Social Security (Contributions) Regulations 1979 , or in Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security (Contributions) Regulations (Northern Ireland) 1979 , if any adjustment to that amount under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
L is the amount which would be payable to the collector under regulation 39(1) of either the Education (Student Loans) Regulations 2000 or the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 if the reduction of that amount which is referred to in paragraph (3) of that regulation and in regulation 7(2) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded; and
T is the amount which the employer is required to pay by way of tax credits in accordance with regulation 6(2) of the Tax Credits (Payment by Employers) Regulations 1999.
.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
25th April 2000


text:
Citation and commencement
1
1
This Order may be cited as the Fixed Penalty Order 2000 and shall come into force on 1st November 2000.
2
This Order applies in relation to a fixed penalty offence alleged to have been committed on or after 1st November 2000.
Fixed penalties
2
The fixed penalty for an offence shown in column (1) of the Schedule to this Order shall be the amount shown in relation to that offence in column (2) of the Schedule.
Revocations
3
The Fixed Penalty Order 1992 and the Fixed Penalty (Increase) (Scotland) Order 1992 are hereby revoked.
Charles Clarke
Minister of State Home Office
10th October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Poole Bay Primary Care Trust (Establishment) Order 2000 and shall come into force on 16th 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 Poole Bay 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 Poole Bay 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, 5 officer members and 5 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
2 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 Dorset 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 Dorset Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the authority; and
b
officers of the authority.
4
The Dorset Health Care 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 for Health
John Denham
Minister of State,
Department of Health
5th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2000 and shall come into force on 9th August 2000.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendments of the principal Order with respect to sale and supply by hospitals and national health service bodies
2
The principal Order is amended as follows —
a
in paragraph (2) of article 1 of the principal Order, there is inserted, at the appropriate place in the alphabetical order of the entries in that paragraph, the following entries —
“Common Services Agency” means the Common Services Agency for the Scottish Health Service established under section 10 of the National Health Service (Scotland) Act 1978 ;
“Community marketing authorization” means a marketing authorization granted by the European Community under Council Regulation ( EEC ) No. 2309/93 ;
“Health Authority” —
in relation to England and Wales, has the same meaning as in the National Health Service Act 1977 ;
in relation to Scotland, means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978; and
in relation to Northern Ireland, means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“homoeopathic certificate of registration” means a certificate of registration for the purposes of the Medicines (Homoeopathic Medicinal Products For Human Use) Regulations 1994 ;
“marketing authorization” includes a reference both to a United Kingdom marketing authorization and to a Community marketing authorization;
“ NHS trust” —
in relation to England and Wales, has the same meaning as in the National Health Service and Community Care Act 1990 ;
in relation to Scotland, has the same meaning as in the National Health Service (Scotland) Act 1978; and
in relation to Northern Ireland, means a Health and Social Services trust established under article 10 of the Health and Social Services (Northern Ireland) Order 1991 ;
“Patient Group Direction” means —
in connection with the supply of a prescription only medicine as referred to in article 12A(2), 12B or 12C, a written direction relating to the supply and administration of a description or class of prescription only medicine; or
in connection with the administration of a prescription only medicine as referred to in article 12A(2), 12B or 12C, a written direction relating to the administration of a description or class of prescription only medicine,
and which, in the case of either (a) or (b) —
is signed by a doctor or dentist, and by a pharmacist; and
relates to supply and administration, or to administration, to persons generally (subject to any exclusions which may be set out in the Direction);
“Primary Care Trust” has the same meaning as in the National Health Service Act 1977 ;
“Special Health Authority” —
in relation to England and Wales, has the same meaning as in the National Health Service Act 1977 ;
in relation to Scotland, means a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978; and
in relation to Northern Ireland, means a Special Health and Social Services Agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
“state registered paramedic” means a person who is registered in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Paramedics Board ;
“United Kingdom marketing authorization” means a marketing authorization granted by the licensing authority under the Medicines For Human Use (Marketing Authorisations Etc.) Regulations 1994 (including a product licence having effect as such an authorization by virtue of Schedule 6 to those Regulations) .
;
b
in article 1 of the principal Order, after paragraph (6), there is added —
7
In articles 12 to 12C, a reference to a prescription only medicine being sold or supplied for the purpose of being administered in accordance with the written directions of a doctor or dentist relating to a particular person, or in accordance with a Patient Group Direction, includes a reference to it being sold or supplied in accordance with such directions or such a Direction.
8
In articles 12A and 12C, a reference to an arrangement for the supply or adminstration of prescription only medicines includes a reference to an arrangement which covers such supply or administration and other matters.
9
In Schedule 7, Part I, a reference to treatment of a clinical situation includes a reference to any form of management of that situation.
;
c
for article 12 of the principal Order, there is substituted —
Exemption for sale or supply in hospitals
12
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine in the course of the business of a hospital where the medicine is sold or supplied for the purpose of being administered (whether in the hospital or elsewhere) to a particular person in accordance with the written directions of a doctor or dentist relating to that person notwithstanding that those directions do not satisfy the conditions specified in article 15(2).
;
d
after article 12 of the principal Order, there is inserted —
Exemptions for the supply and administration of prescription only medicines by national health service bodies
12A
1
The restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the supply of a prescription only medicine by —
a
the Common Services Agency;
b
a Health Authority or Special Health Authority;
c
an NHS trust;
d
a Primary Care Trust; or
e
where sub-paragraphs (a) to (d) do not apply, a person other than an excepted person, pursuant to an arrangement made with one of the persons specified in those sub-paragraphs for the supply of prescription only medicines,
where the medicine is supplied for the purpose of being administered to a particular person in accordance with the written directions of a doctor or dentist relating to that person notwithstanding that those directions do not satisfy the conditions specified in article 15(2).
2
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine by —
a
the Common Services Agency;
b
a Health Authority or Special Health Authority;
c
an NHS trust;
d
a Primary Care Trust; or
e
where sub-paragraphs (a) to (d) do not apply, a person other than an excepted person, pursuant to an arrangement made with one of the persons specified in those sub-paragraphs for the supply or, as the case may be, the administration of prescription only medicines,
where the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, to a particular person in accordance with a Patient Group Direction and where the conditions specified in paragraph (3) are satisfied.
3
The conditions referred to are that —
a
the Patient Group Direction relates to the supply or, as the case may be, the administration, by the person who supplies or administers the medicine, of a description or class of prescription only medicine, and the Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered;
b
the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only);
c
the Patient Group Direction is signed on behalf of the person specified in column 2 of the Table in Part II of Schedule 7 to this Order (“the authorising person”) against the entry in column 1 of that Table for the class of person by whom the medicine is supplied or administered;
d
the individual who supplies or, as the case may be, administers the medicine belongs to one of the classes of individual specified in Part III of Schedule 7 to this Order, and is designated in writing, on behalf of the authorising person, for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction; and
e
at the time at which the medicine is supplied or, as the case may be, is administered, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
4
In this article, “excepted person” means —
a
a doctor or dentist; or
b
a person lawfully conducting a retail pharmacy business within the meaning of section 69.
Exemption for health professionals who supply or administer prescription only medicines under a Patient Group Direction in order to assist doctors or dentists in providing national health services
12B
1
The restrictions imposed by section 58(2) (sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine by an individual belonging to one of the classes specified in Part III of Schedule 7 to this Order where —
a
the individual supplies or, as the case may be, administers the medicine in order to assist a doctor or dentist in the provision of, respectively, NHS primary medical services or NHS primary dental services;
b
the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, in accordance with a Patient Group Direction; and
c
the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply or, as the case may be, the administration of a description or class of prescription only medicine in order to assist the doctor or dentist in question in providing the services referred to in paragraph (1)(a) (whether or not it also relates to such supply or administration in order to assist any other doctor or dentist);
b
the Patient Group Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered;
c
the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only);
d
the Patient Group Direction is signed —
i
by the doctor or dentist in question or, alternatively, where the Direction also relates to supply or administration in order to assist one or more other doctors or dentists, as referred to in sub-paragraph (a), by one of those other doctors or dentists; and
ii
on behalf of the health authority —
a
in the case of the provision of general medical services or general dental services, with which an arrangement has been made for the provision of those services; or
b
in the case of the performance of personal medical services or personal dental services, which is a party to the pilot scheme under which those services are provided;
e
the individual referred to in paragraph (1) is designated in writing for the purpose of the supply or, as the case may be, the administration of prescription only medicines under the Patient Group Direction, by the doctor or dentist in question, or, alternatively, where the Direction also relates to supply or administration in order to assist one or more other doctors or dentists, as referred to in sub-paragraph (a), by one of those other doctors or dentists; and
f
at the time at which the medicine is supplied or, as the case may be, is administered, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
3
In this article —
a
a reference to the provision of NHS primary dental services shall be construed as a reference to —
i
in relation to England and Wales, the provision of general dental services under Part II of the National Health Service Act 1977, or the performance of personal dental services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 ;
ii
in relation to Scotland, the provision of general dental services under Part II of the National Health Service (Scotland) Act 1978, or the performance of personal dental services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997; and
iii
in relation to Northern Ireland, the provision of general dental services under the Health and Personal Social Services (Northern Ireland) Order 1972 , or the performance of personal dental services in connection with a pilot scheme under the Health Services (Primary Care) (Northern Ireland) Order 1997 ;
b
a reference to the provision of NHS primary medical services shall be construed as a reference to —
i
in relation to England and Wales, the provision of general medical services under Part II of the National Health Service Act 1977, or the performance of personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997;
ii
in relation to Scotland, the provision of general medical services under Part II of the National Health Service (Scotland) Act 1978, or the performance of personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997; and
iii
in relation to Northern Ireland, the provision of general medical services under the Health and Personal Social Services (Northern Ireland) Order 1972, or the performance of personal medical services in connection with a pilot scheme under the Health Services (Primary Care) (Northern Ireland) Order 1997.
Exemption for persons conducting a retail pharmacy business who supply or administer prescription only medicines under a Patient Group Direction
12C
1
The restrictions imposed by section 58(2) (restrictions on sale, supply and administration) shall not apply to the supply or, as the case may be, the administration of a prescription only medicine by a person lawfully conducting a retail pharmacy business within the meaning of section 69 where —
a
the medicine is supplied or, as the case may be, is administered by such a person pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS trust or a Primary Care Trust for the supply or, as the case may be, the administration of prescription only medicines;
b
the medicine is supplied for the purpose of being administered, or, as the case may be, is administered, to a particular person in accordance with a Patient Group Direction; and
c
the conditions specified in paragraph (2) are satisfied.
2
The conditions referred to are that —
a
the Patient Group Direction relates to the supply or, as the case may be, the administration of a description or class of prescription only medicine by the person lawfully conducting a retail pharmacy business who supplies or, as the case may be, administers the prescription only medicine, and the Direction has effect at the time at which the medicine is supplied or, as the case may be, is administered;
b
the Patient Group Direction contains the particulars specified in Part I of Schedule 7 to this Order (but with the omission of paragraph (c) of that Part in the case of a Direction which relates to administration only);
c
the Patient Group Direction is signed on behalf of the body with which an arrangement has been made as referred to in paragraph (1)(a); and
d
at the time at which the medicine is supplied or, as the case may be, is administered, a product licence, a marketing authorization or a homoeopathic certificate of registration has effect in respect of it.
; and
e
after Schedule 6 to the principal Order, there is inserted —
SCHEDULE 7
Articles 12A to 12C
PART I
PARTICULARS TO BE INCLUDED IN A PATIENT GROUP DIRECTION
a
the period during which the Direction shall have effect;
b
the description or class of prescription only medicine to which the Direction relates;
c
whether there are any restrictions on the quantity of medicine which may be supplied on any one occasion, and, if so, what restrictions;
d
the clinical situations which prescription only medicines of that description or class may be used to treat;
e
the clinical criteria under which a person shall be eligible for treatment;
f
whether any class of person is excluded from treatment under the Direction and, if so, what class of person;
g
whether there are circumstances in which further advice should be sought from a doctor or dentist and, if so, what circumstances;
h
the pharmaceutical form or forms in which prescription only medicines of that description or class are to be administered;
i
the strength, or maximum strength, at which prescription only medicines of that description or class are to be administered;
j
the applicable dosage or maximum dosage;
k
the route of administration;
l
the frequency of administration;
m
any minimum or maximum period of administration applicable to prescription only medicines of that description or class;
n
whether there are any relevant warnings to note, and, if so, what warnings;
o
whether there is any follow up action to be taken in any circumstances, and, if so, what action and in what circumstances;
p
arrangements for referral for medical advice;
q
details of the records to be kept of the supply, or the administration, of medicines under the Direction.
PART II
PERSONS ON WHOSE BEHALF A PATIENT GROUP DIRECTION MUST BE SIGNED
Column 1 Column 2 Class of person by whom a prescription only medicine is supplied or administered Person on whose behalf the Direction must be signed
Common Services Agency The Agency Health Authority The Health Authority Special Health Authority The Special Health Authority NHS trust The trust Primary Care Trust The Trust A person who supplies or administers a prescription only medicine pursuant to an arrangement made with the Common Services Agency, a Health Authority, a Special Health Authority, an NHS trust or a Primary Care Trust The Common Services Agency, where the arrangement has been made with the Agency; or the Health Authority, Special Health Authority, NHS trust or Primary Care Trust with which the arrangement has been made
PART III
CLASSES OF INDIVIDUAL BY WHOM SUPPLIES MAY BE MADE
Individuals who hold a certificate of proficiency in ambulance paramedic skills issued by, or with the approval of, the Secretary of State, or individuals who are state registered paramedics.
Pharmacists.
Registered health visitors .
Registered midwives.
Registered nurses.
Registered ophthalmic opticians.
State registered chiropodists.
Individuals who are registered in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Orthoptists Board (state registered orthoptists) .
Individuals who are registered in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Physiotherapists Board (state registered physiotherapists).
Individuals who are registered in the register established and maintained under section 2(1) of the Professions Supplementary to Medicine Act 1960 by the Radiographers Board (state registered radiographers).
.
Amendment of Schedule 1 to the principal Order concerning specified substances and exemptions from the restrictions on sale and supply
3
In Schedule 1 to the principal Order (which specifies substances which, if included in medicinal products, make those products prescription only medicines, and exemptions from the restrictions on sale and supply of prescription only medicines) —
a
in relation to the substance Ibuprofen, there are inserted the following entries —
in column 2 —
3
10.0 per cent
,
in column 3 —
3
External
,
in column 4 —
3
125 mg (MD) 500 mg (MDD)
, and
in column 5 —
3
Container or package containing not more than 100 g of medicinal product
;
b
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 below, and, against that entry there is inserted in columns 2, 3 and 5 the corresponding entries in columns 2, 3 and 5 below —
Column 1 Column 2 Column 3 Column 5 Substance Maximum strength Use, pharmaceutical form or route of administration Maximum quantity
Terbinafine Hydrochloride 1.0 per cent External use for the treatment of tinea pedis and tinea cruris Container or package containing not more than 15 g of medicinal product.
; and
c
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, each of the following substances —
“Acamprosate”
“Aceclofenac”
“Alendronate Sodium”
“Anastrozole”
“Didanosine”
“Eformoterol Fumarate”
“Imidapril Hydrochloride”
“Mirtazapine”
“Moxonidine”
“Omeprazole Magnesium”
“Ranitidine Bismuth Citrate”
“Rimexolone”
“Sertraline Hydrochloride”
“Sevoflurane”
“Tazarotene”
“Topiramate”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th July 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
17th July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Pension Scheme and Compensation for Premature Retirement) Amendment Regulations 2000 and shall come into force–
a
for the purposes of regulation 8, on 31st March 2000;
b
for all other purposes, on 1st April 2000.
2
In these Regulations–
“the Compensation Regulations ” means the National Health Service (Compensation for Premature Retirement) Regulations 1981 ; and
“the Pension Scheme Regulations ” means the National Health Service Pension Scheme Regulations 1995 .
Amendment of the Pension Scheme Regulations
2
The Pension Scheme Regulations shall be amended in accordance with regulations 3 to 15 below.
Amendment of regulation A2
3
In regulation A2 (interpretation)–
a
in the definition of “dental pilot scheme employee” for the words “an individual”, in the second place where they occur, there shall be substituted the words “a person”;
b
in the definition of “employing authority”–
i
for paragraph (a) there shall be substituted the following paragraphs:–
a
a Health Authority established under section 8 of the National Health Service Act 1977 ;
aa
a Special Health Authority established under section 11 of that Act ;
,
ii
paragraph (b) shall be omitted,
iii
before paragraph (c) there shall be inserted the following paragraph:–
bb
a Primary Care Trust established under section 16A of that Act ;
;
c
in the definition of “medical pilot scheme employee” for the words “an individual”, in the second place where they occur, there shall be substituted the words “a person”;
d
in the definition of “ NHS dental employee” after paragraph (a) there shall be inserted the following paragraph:–
aa
a Primary Care Trust;
;
e
in the definition of “specialist” after the word “consultant” there shall be inserted the words “, other than a nurse consultant, or a ”.
Amendment of regulation B2
4
In regulation B2 (restrictions on membership) in paragraph (e) after the word “trust” there shall be inserted the words “or a Primary Care Trust ”.
Amendment of regulation E3
5
1
In paragraph (1) of regulation E3 (early retirement pension — redundancy, etc. ) for the words from “certifies” to the end of the paragraph there shall be substituted the following words:–
certifies–
that the member’s employment is terminated by reason of redundancy, or
with the agreement of the employing authority, that the member’s employment is terminated in the interests of the efficiency of the service in which he is employed.
.
2
In paragraph (4)(c) of that regulation after the word “trust” there shall be inserted the words “or a Primary Care Trust”.
Amendment of regulation E4
6
In regulation E4 (early retirement pension — employer’s consent) in paragraph (4)(c) after the word “trust” there shall be inserted the words “ or a Primary Care Trust”.
Amendment of regulation F5
7
For paragraphs (1) to (3) of regulation F5 (payment of lump sum) there shall be substituted the following paragraphs:–
1
A lump sum under any of regulations F1 to F4 shall be paid in accordance with the following paragraphs.
2
Unless paragraph (3) or (3A) below applies, the lump sum shall be paid to the member’s personal representative.
3
Where the member dies and leaves a widow or widower, the lump sum may be paid to the widow or widower, unless–
a
the member has given notice to the Secretary of State in accordance with paragraph (3B) below that the widow or widower is not to receive the payment, and has not revoked that notice; or
b
paragraph (3A) below applies.
3A
Where the member has given notice to the Secretary of State in accordance with paragraphs (3B) and (3C) below that the lump sum is to be paid to a person specified in the notice, and has not revoked that notice, the lump sum may be paid to that person unless–
a
that person has died before the payment can be made; or
b
payment to that person is not, in the opinion of the Secretary of State, reasonably practicable.
3B
Notice to the Secretary of State for the purpose of paragraph (3) or (3A) above–
a
shall be given only by a member who is in pensionable service under the scheme;
b
shall be given in writing; and
c
may at any time be revoked in writing;
and, subject to sub-paragraph (a) above, a member who revokes such a notice may give further notice for the purpose of one of those paragraphs.
3C
A notice given for the purpose of paragraph (3A) above shall specify one person, who may be–
a
an individual;
b
a body corporate; or
c
an unincorporated body.
.
Amendment of regulation L1
8
In regulation L1 (preserved pension)–
a
for paragraph (2) there shall be substituted the following paragraph:–
2
The pension under this regulation will be calculated–
a
where it becomes payable by virtue of paragraph (3)(d) below, in accordance with paragraphs (2) to (4) of regulation E5, as if it were a pension under that regulation; and
b
in any other case, as described in regulation E1;
and the retirement lump sum will be calculated as described in regulation E6.
;
b
in paragraph (3) after sub-paragraph (c) there shall be inserted the following sub-paragraph:–
d
the member–
i
left pensionable employment after 30th March 2000,
ii
has reached the age of 50, and
iii
has applied to the Secretary of State for payment of the pension and retirement lump sum under this regulation.
;
c
in paragraph (4) for the words from “authority)” to “the pension ” there shall be substituted the words–
authority)–
in the case of a member to whom sub-paragraph (d) of paragraph (3) above applies, when he makes the application referred to in head (iii) of that sub-paragraph, or
in any other case, when he reaches the age of 60,
the pension
.
Amendment of regulation R1
9
In regulation R1 (practitioners and trainee practitioners) in paragraph (1) for the words “Family Health Services Authority” there shall be substituted the words “Health Authority”.
Amendment of regulation R3
10
In regulation R3 (mental health officers) in paragraph (14)(c) for the words from “consultant” to “dental officer” there shall be substituted the word “specialist”.
Amendment of regulation R5
11
In regulation R5 (part-time employment) in paragraph (6)–
a
after the words “ill health)” there shall be inserted the words “ or regulation E3 (early retirement pension (redundancy, etc.))”;
b
in sub-paragraph (a) for the words from “calculating” to the end of the sub-paragraph there shall be substituted the following words:–
calculating–
i
whether and (if so) to what extent, the pensionable service upon which the pension under regulation E2 is based should be increased under that regulation, or
ii
the qualifying service for the purposes of regulation E3(1)(a);
; and
c
in sub-paragraph (b) for the words from “and the increase under regulation E2” there shall be substituted the words “and, in the case of a pension under regulation E2, the increase under that regulation”.
Amendment of regulation R11
12
In regulation R11 (participators in pilot schemes) –
a
in paragraph (1)–
i
in sub-paragraphs (a), (b), (d)(i) and (f) after the words “Health Authority ” there shall be inserted the words “or Primary Care Trust”,
ii
in sub-paragraphs (g) and (h)(i) after the word “trust” there shall be inserted the words “or Primary Care Trust”,
iii
in sub-paragraph (h)(ii) after the word “trust” there shall be inserted the words “, by a Primary Care Trust”;
b
for paragraph (2) there shall be substituted the following paragraph:–
2
In paragraph (1) above, “relevant Health Authority or Primary Care Trust ” means the Health Authority or, as the case may be, the Primary Care Trust which has made an agreement with a person for that person to provide piloted services in the area of that Authority or, as the case may be, that Trust.
.
Amendment of Part S
13
1
In regulation S1 (suspension of pension on return to NHS employment), in paragraph (1), for the words “in L1(4)” there shall be substituted the words “in L1”.
2
In regulation S2 (reduction of pension on return to NHS employment), in paragraph (1), for the words “regulations E1 to E5 or L1” there shall be substituted “regulations E1 to E4 or in accordance with regulation L1(2)(b), ”.
Insertion of new regulation in Part T
14
In Part T (general rules about benefits), after regulation T7 there shall be inserted the following regulation:–
Interest on late payment of benefits
T8
1
Subject to paragraph (2) below, where the whole or any part of a qualifying payment under these Regulations is not paid by the end of the period of one month beginning with the due date, the Secretary of State shall pay interest, calculated in accordance with paragraph (3) below, on the unpaid amount to the person to whom the qualifying payment should have been made.
2
Interest under paragraph (1) above shall not be payable where the Secretary of State is satisfied that the qualifying payment was not made on the due date by reason of some act or omission on the part of the member or other recipient of the qualifying payment.
3
The interest referred to in paragraph (1) above shall be calculated at the base rate on a day to day basis from the due date to the date of payment, and shall be compounded with three-monthly rests.
4
In this regulation–
“base rate” means the rate for the time being quoted by the reference banks as applicable to sterling deposits or, where there is for the time being more than one such rate, the rate which, when the base rate quoted by each reference bank is ranked in a descending sequence, is the first in the sequence;
“due date” means–
in the case of a lump sum under Part F above, the day immediately following the day of the member’s death, unless the lump sum falls to be paid to the member’s personal representative, in which case it means–
the date on which probate or letters of administration are produced to the Secretary of State, or
the Secretary of State is satisfied that the lump sum may be paid as provided in regulation F5(4), whichever is the earlier;
in the case of a pension payable on a member’s death, the day immediately following the day of his death;
in the case of a pension under regulation L1, the day on which the pension becomes payable in accordance with that regulation;
in the case of a refund of contributions, the day after that on which the Secretary of State receives from the Commissioners of Inland Revenue the information he requires for the purposes of compliance with paragraphs (3) to (5) of regulation L2; and
in any other case, the day immediately following that of the member’s retirement from pensionable employment;
“qualifying payment” means any amount payable by way of a pension or lump sum, or by way of a refund of contributions, under these Regulations;
“reference banks” means the four largest institutions for the time being which–
are authorised by the Financial Services Authority under the Banking Act 1987 ;
are incorporated in the United Kingdom and carrying on within it a deposit-taking business (as defined in section 6, but subject to any order under section 7 of that Act); and
quote a base rate applicable to sterling deposits.
.
Amendment of Schedule 2
15
In Schedule 2 (medical and dental practitioners)–
a
for each reference to a Family Health Services Authority there shall be substituted a reference to a Health Authority;
b
in paragraph 1 (additional definitions used in Schedule 2)–
i
after the definition of “Doctors' Retainer Scheme” there shall be inserted the following definition:–
“Executive Committee” means the committee of a Primary Care Trust appointed under regulation 9(1) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
,
ii
after the definition of “practitioner service” there shall be inserted the following definition:–
“Primary Care Group” means a committee appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 in accordance with the Secretary of State’s directions of 15th October 1998 and exercising functions in accordance with the Secretary of State’s directions of 25th March 1999 ;
;
c
in paragraph 3(2) (meaning of “pensionable earnings”) after paragraph (c) there shall be inserted the following paragraph:–
d
personal allowances (but excluding payment made to cover expenses) paid in respect of membership of an Executive Committee or a Primary Care Group.
; and
d
in paragraph 6(1) (meaning of “pensionable earnings” — other practitioners) for the words from “means” to the end of the sub-paragraph there shall be substituted the words–
means–
all salary, wages, fees and other regular payments paid to the practitioner in respect of his employment as a practitioner, but does not include bonuses or payments made to cover expenses or for overtime; and
personal allowances paid in respect of membership of an Executive Committee or a Primary Care Group.
.
Amendment of the Compensation Regulations
16
In regulation 5 of the Compensation Regulations (crediting of additional period of service) after paragraph (13) there shall be inserted the following paragraphs:–
14
For the purposes of paragraph (7)(a) above, where in the case of an entitled officer to whom there is payable a pension under regulation E3 of the National Health Service Pension Scheme Regulations 1995 any part of the service credited under this regulation is service in part-time employment, the compensation payable in relation to that part of that service shall not exceed the relevant amount.
15
In this regulation–
“the relevant amount” means the amount which bears the same proportion to the amount which would have been payable had the service not been part-time as the whole-time equivalent bears to comparable whole time employment; and
“the whole-time equivalent” has the same meaning as in regulation R5 of the National Health Service Pension Scheme Regulations 1995.
.
Transitional provision
17
Any notice given before 1st April 2000 under paragraph (l) of regulation F5 of the Pension Scheme Regulations (payment of lump sum) as then in force shall be treated on and after that date as if it were a notice given for the purpose of paragraph (3) of that regulation as amended by regulation 7 of these Regulations.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
8th March 2000
We consent,
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2000


text:
1
This Order may be cited as the Registered Parties (Non-constituent and Non-affiliated Organisations) Order 2000 and shall come into force on 14th December 2000.
2
The organisations specified in Part I of the Schedule to this Order and the organisations of a description specified in Part II of that Schedule are hereby specified as falling within section 26(8) of the Political Parties, Elections and Referendums Act 2000 (organisations which are not constituent or affiliated organisations in relation to a party for the purposes of schemes falling within section 26).
Mike O'Brien
Parliamentary Under-Secretary State
Home Office
4th December 2000


text:
Citation and commencement
1
These Regulations shall be cited as the Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2000 and shall come into force on 26th June 2000.
Amendment of the Income Support (General) Regulations 1987
2
In regulation 62 of the Income Support (General) Regulations 1987 (calculation of grant income) —
a
in paragraph (1), for the words “(2) and (2A)” there shall be substituted the words “(2), (2A) and (2B)”;
b
after paragraph (2A) there shall be inserted the following paragraph —
2B
Where, in respect of a claim for income support made on or after 26th June 2000 —
a
all or part of a student’s grant income is paid in respect of —
i
living costs for his dependants in accordance with regulation 15 of the Education (Student Support) Regulations 1999 ;
ii
where he commenced his course of study on or after 1st August 1998, the maintenance of any person dependent on him in accordance with regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 ; and
b
that student was liable to pay rent at any time during the academic year in which the date of claim falls,
the income referred to in sub-paragraph (a) shall be disregarded to the extent that it falls to be apportioned in respect of the period in the academic year beginning on the day on which a student loan would cease to be apportioned in accordance with regulation 66A(2)(a) or (b), if such a loan was taken into account in respect of that student in that academic year.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
In regulation 131 of the Jobseeker’s Allowance Regulations 1996 (calculation of grant income) —
a
in paragraph (1), for the words “(2) and (3)” there shall be substituted the words “(2), (3) and (3A)”;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where, in respect of a claim for a jobseeker’s allowance made on or after 26th June 2000 —
a
all or part of a student’s grant income is paid in respect of —
i
living costs for his dependants in accordance with regulation 15 of the Education (Student Support) Regulations 1999 ;
ii
where he commenced his course of study on or after 1st August 1998, the maintenance of any person dependent on him in accordance with regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 ; and
b
that student was liable to pay rent at any time during the academic year in which the date of claim falls,
the income referred to in sub-paragraph (a) shall be disregarded to the extent that it falls to be apportioned in respect of the period in the academic year beginning on the day on which a student loan would cease to be apportioned in accordance with regulation 136(2)(a) or (b), if such a loan was taken into account in respect of that student in that academic year.
.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
1st June 2000


text:
Citation and commencement
1
This Order may be cited as the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) (Amendment) Order 2000 and shall come into force on 1st May 2000.
Interpretation
2
In this Order, “the Principal Order ” means the Wireless Telegraphy (Cordless Telephone Apparatus) (Restriction and Marking) Order 1999 .
Amendment
3
The Principal Order is hereby amended as follows —
a
in article 3(1) —
i
the following definition shall be inserted after the definition of “the 1984 Act” —
“the Directive” means Directive 1999/5/ EC of the European Parliament and of the Council on radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity ;
;
ii
the following definition shall be inserted after the definition of “the 1999 Regulations” —
“the unamended 1999 Regulations ” means the 1999 Regulations before they were amended by the Wireless Telegraphy (Exemption) (Amendment) Regulations 2000 ;
;
iii
the following definition shall be substituted for the definition of “CT1” —
“CT1” means cordless telephone apparatus described in IR 2011 published by RA in March 2000 and referred to in Part III of Schedule 4 to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;
;
iv
the following definition shall be substituted for the definition of “extended range CT1” —
“extended range CT1” means cordless telephone apparatus described in IR 2011 published by RA in March 2000 and referred to in Part III of Schedule IV to the 1999 Regulations which is exempt from the provisions of section 1(1) of the 1949 Act by virtue of the 1999 Regulations;
;
v
“and” at the end of the definition of “ MPT 1384” shall be deleted, and “apparatus; and” shall be substituted for “apparatus.” at the end of the definition of “restricted cordless telephone apparatus”; and
vi
the following definition shall be inserted after the definition of “restricted cordless telephone apparatus” —
“United Kingdom Radio Interface Requirement (IR)” means the interface requirement published by the Radiocommunications Agency of the Department of Trade and Industry (RA) in accordance with Article 4.1 of the Directive.
;
b
the following shall be substituted for paragraph (d) of article 4(1) —
d
importation,
provided that the restricted actions listed above do not apply to a CT1 or an extended range CT1 which complies with Part II of Schedule 4 to the unamended 1999 Regulations prior to 1st May 2000 and in respect of which any such restricted action has occurred prior to 8th April 2001.
; and
c
“which complies with Part II of Schedule 4 to the unamended 1999 Regulations prior to 1st May 2000 and in respect of which any restricted action listed in article 4(1) has occurred prior to 8th April 2001” shall be inserted between “apparatus” and “shall be marked” in article 5(1).
Patricia Hewitt,
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
6th April 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2000, and shall come into force on 1st December 2000.
2
In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
3
These Regulations extend to England only.
Amendment of regulation 1 of the principal Regulations
2
In paragraph (2) of regulation 1 of the principal Regulations (interpretation), in the definition of “ NHS sight test fee”, for the amount “£41.54” substitute “£42.79” and for the amount “£15.01” substitute “£15.46”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
9th November 2000


text:
1
This Order may be cited as the Civil Procedure (Modification of Enactments) Order 2000 and shall come into force on 2nd May 2000.
2
In the proviso to section 3(4) of the Lands Tribunal Act 1949 , after the words “rules of court,” insert “in England and Wales appeal to the court and otherwise”.
Irvine of Lairg, C.
Dated 1st April 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Act 1999 (Hackney Carriages and Private Hire Vehicles) (Transitional and Consequential Provisions) Order 2000 and shall come into force on 13th March 2000.
Interpretation
2
In this Order —
“the 1847 Act ” means the Town Police Clauses Act 1847 ;
“the 1869 Act ” means the Metropolitan Public Carriage Act 1869 ;
“the 1976 Act ” means the Local Government (Miscellaneous Provisions) Act 1976 ;
“the 1999 Act ” means the Greater London Authority Act 1999;
“the appointed day” means 1st April 2000 being the day on which section 323 of the 1999 Act comes into force ;
“excluded district” means a wholly excluded district or a partially excluded district;
“partially excluded district” means a district part of which ceases to be within the metropolitan police district on the appointed day;
“excluded part” in relation to a partially excluded district means the part of the district which ceases to be within the metropolitan police district on the appointed day;
“wholly excluded district” means a district the whole of which ceases to be within the metropolitan police district on the appointed day.
Hackney carriage byelaws having effect in a partially excluded district
3
Any byelaws made or having effect as if made by the council of a partially excluded district under section 68 of the 1847 Act and in force in part of the district shall, from the appointed day, have effect as if made in relation to the whole of that district.
Anticipatory powers of excluded district councils
4
1
The powers conferred by this article shall be exercisable by the council of an excluded district for the purpose of securing that —
a
hackney carriages and their drivers; and
b
private hire vehicles, their drivers and operators,
may be licensed and able to operate lawfully in relation to the whole of that district from the appointed day.
2
The council of a wholly excluded district may at any time before the appointed day —
a
license hackney carriages under section 37 of the 1847 Act to ply for hire in its district;
b
license persons under section 46 of the 1847 Act to drive hackney carriages licensed to ply for hire in its district.
3
Section 48 of the 1976 Act shall apply in relation to applications for vehicle licences made at any time before the appointed day to the council of a wholly excluded district or the council of a partially excluded district to which Part II of the 1976 Act did not apply before the coming into force of this order.
4
Section 55 of the 1976 Act shall apply in relation to applications made at any time before the appointed day to the council of an excluded district for licences to operate private hire vehicles in any part of its district to which the 1976 Act will not apply until the appointed day.
5
Section 51 of the 1976 Act shall apply in relation to applications for licences to drive private hire vehicles made at any time before the appointed day to the council of a wholly excluded district or the council of a partially excluded district to which Part II of the 1976 Act did not apply on the coming into force of this Order.
6
A licence granted pursuant to paragraph (2), (3), (4) or (5) shall not come into force before the appointed day.
7
Subject to the foregoing provisions of this article, the council of an excluded district, may at any time before the appointed day —
a
issue any disc, plate or badge in relation to any licence issued pursuant to this article on such terms as to its use and display before that day as it may think fit;
b
do anything appearing to it to be appropriate or expedient for the purpose of establishing and operating a licensing system; or
c
do anything else which it considers appropriate to fulfil the purpose specified in paragraph (1).
Hackney carriage or hackney carriage driver licences in force in the metropolitan police district before the appointed day
5
Notwithstanding the provisions of section 415 of the 1999 Act a licence in force immediately before the appointed day and granted —
a
under section 6 of the 1869 Act (hackney carriage licences); or
b
under section 8 of that Act (hackney carriage driver licences),
shall, on the appointed day, cease to have effect in relation to any excluded district.
Hackney carriage standings in partially excluded districts
6
1
Any standings for hackney carriages appointed by the Commissioner of Police of the Metropolis under section 4 of the London Hackney Carriages Act 1850 (“the 1850 Act ”) in any highway in the excluded part of a partially excluded district shall from the appointed day be deemed to have been appointed by the council of that district under section 63 of the 1976 Act .
2
So far as any provisions of regulations made under section 4 of the 1850 Act by the Commissioner of Police of the Metropolis relating to any such standings fix —
a
the boundaries of the standings;
b
the number of carriages that may wait there; or
c
the times of day at which they may wait,
those provisions of the regulations shall have effect as if they had been determined by the council of the district in appointing the standings under section 63 of the 1976 Act, but the regulations shall otherwise cease to have effect in relation to the standings.
3
In this article “standings” include stands.
Consequential modification of the 1976 Act
7
1
The 1976 Act shall be amended as follows.
2
In section 74 —
a
for “a day fixed by resolution under section 45 of this Act” there shall be substituted “the relevant day”; and
b
at the end there shall be inserted the following paragraph —
In this section “the relevant day” means —
in relation to a district the whole or part of which ceased to be within the metropolitan police district by virtue of the coming into force of section 323 of the Greater London Authority Act 1999 (alteration of the metropolitan police district), 1st April 2000;
in any other case, a day fixed by resolution under section 45 of this Act.
3
In section 80(1) of the 1976 Act for the definition of “controlled district” there shall be substituted —
“controlled district” means any area for which this Part of this Act is in force by virtue of —
a resolution passed by a district council under section 45 of this Act; or
section 255(4) of the Greater London Authority Act 1999;
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st February 2000


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Great Central Railway (East Leake Branch, etc.) Order 2000 and shall come into force on 4th August 2000.
Interpretation
2
1
In this Order —
“the Act of 1845” means the Railways Clauses Consolidation Act 1845 ;
“the 1995 Order ” means the Great Central (Nottingham) Railway Order 1995 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“ the Board ” means the British Railways Board;
“the limits of deviation” means the limits of deviation for Railway No.3 shown on the works plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“the Nottingham Company ” means Great Central Railway (Nottingham) Limited having its registered office at Nottingham Transport Heritage Centre, Mere Way, Ruddington, Nottingham;
“ Railtrack ” means Railtrack PLC ;
“Railway No.1”, “Railway No.2” and “Railway No.3” mean respectively the railways so numbered and described in the Schedule to this Order and (in the case of Railway No.1 and Railway No.2) authorised to be transferred pursuant to article 4 of this Order and (in the case of Railway No.3) authorised to be constructed and maintained pursuant to article 6 of this Order together with all lands and works relating thereto and, where in the case of Railway No.3 any part of that railway and works remains uncompleted, the expression Railway No.3 includes the site of that part;
“the railways” means Railway No.1, Railway No.2 or Railway No.3, or two or all of them, as the context shall require;
“the relevant date” means the date of the coming into force of this Order or, in relation to any part of the railways which at that date is not owned by the undertaker, the date upon which the undertaker acquires a legal estate in that part;
“the section” means the section described in rule 7(2) of the Applications Rules prepared in connection with the application for this Order, and marked as the section for the purposes of this Order;
“the undertaker” has the meaning given by paragraph (2) below;
“the works plan” means the plan described in rule 7(1)(a) of the Applications Rules prepared in connection with the application for this Order, and marked as “the works plan” for the purposes of this Order.
2
In this Order “the undertaker” means the Nottingham Company but —
a
in relation to any property transferred under article 4 to any associated company of the Nottingham Company, means that company; or
b
during the currency of any lease granted under article 9(2)(a), or from the operative date of any sale under article 9(2)(b), in relation to any property transferred under that article, means the transferee within the meaning conferred by article 9(1).
3
In this Order, all distances, lengths, measurements and directions stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, length, measurement and direction, and distances between points on a railway shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The following provisions of the Act of 1845 shall be incorporated in this Order: —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 75 (omission to fasten gates);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways) as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 87 (company empowered to contract with other companies);
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
sections 115 to 119 (engines and carriages not to be used on the railway unless approved; unfit engines to be removed);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means Railway No.3;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on the railway.
3
In its application to the railway, section 24 of the Act of 1845 shall have effect as if the maximum fine which may be imposed on summary conviction of an offence under that section were, instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
4
Any enactment by which Railway No.1 or Railway No.2, or any railway or former railway situated within the limits of deviation, was authorised shall have effect subject to the provisions of this Order.
PART II
TRANSFER AND CONSTRUCTION OF RAILWAYS
Transfer of railways, etc. by Railtrack PLC.
4
1
Railtrack may transfer to the Nottingham Company or, with the consent of the Secretary of State, to any associated company (as defined in section 416 of the Income and Corporation Taxes Act 1988 ) of the Nottingham Company —
a
Railway No.1 and Railway No.2, or any part of those railways; and
b
so much of the land required for Railway No.3 as at the date of the coming into force of this Order is owned by Railtrack
on such terms and conditions as may be agreed between Railtrack and the Nottingham Company or its associated company, as the case may be.
2
As from the date of any agreement made under paragraph (1) above in relation to any part of the railways, sections 116, 117 and 118 of the Transport Act 1968 shall apply to that part as if references to the Board in those sections were references to the undertaker.
Transfer of rights and obligations
5
Except as may be otherwise provided in this Order, as from the relevant date the railways or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railways at that date (in so far as the same are still subsisting and capable of taking effect) and the undertaker shall to the exclusion of Railtrack or the Board, as the case may be, be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations statutory or otherwise relating to the railways (in so far as the same are still subsisting and capable of taking effect) to the intent that Railtrack or the Board, as the case may be, shall be released from all such obligations.
Power to construct and maintain Railway No.3
6
1
The undertaker may construct and maintain Railway No.3.
2
Subject to article 7 below, Railway No.3 shall be constructed in the lines or situations shown on the works plan and in accordance with the levels shown on the sections.
3
Railway No.3 shall be constructed and operated on a gauge of 1.435 metres (4 feet 8½ inches).
Further powers as to works
7
1
Subject to paragraph (3) below, the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of Railway No.3, namely —
a
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of Railway No.3, and
b
works for the benefit or protection of premises affected by Railway No.3.
2
Subject to paragraph (3) below, the undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction and maintenance of Railway No.3.
3
Paragraphs (1) and (2) above shall not authorise the carrying out or maintenance of works outside the limits of deviation.
Power to deviate
8
In constructing or maintaining Railway No.3, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plan within the limits of deviation for that work shown on that plan; and
b
deviate vertically from the levels shown on the sections to any extent not exceeding 2 metres upwards or downwards.
PART III
MISCELLANEOUS
Transfer of railways by undertaker
9
1
In this article —
“lease” includes an underlease and “lease”, where used as a verb, shall be construed accordingly;
“the transferee” means any person to whom the undertaking or any part of it, is leased or sold pursuant to this article;
“the transferred undertaking” means so much of the undertaking as is leased or sold pursuant to this article; and
“the undertaking” means —
the railways, as defined by article 2(1) of the 1995 Order, and
the railways, as defined by article 2(1) of this Order.
2
The undertaker may, with the consent of the Secretary of State —
a
lease the undertaking, or any part of it, to any person, or
b
sell the undertaking, or any part of it, to any person,
on such terms and conditions as may be agreed between the undertaker and the transferee.
3
Except as may be otherwise provided in this Order, the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (in so far as the same are still subsisting and capable of taking effect) and the transferee shall, to the exclusion of the undertaker, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise relating to the transferred undertaking (in so far as the same are still subsisting and capable of taking effect) to the intent that the undertaker shall be released from all such obligations.
4
Paragraph (3) above shall have effect during the currency of any lease granted under paragraph (2)(a) above and from the operative date of any sale under paragraph (2)(b) above.
5
Article 9 (leasing of railways) of the 1995 Order is hereby revoked.
Operation of railways
10
1
The undertaker may operate and use the railways and the other works authorised by this Order as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject as below, the motive power to be used on the railways shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railways unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railways, such electrical power shall not be used in such a manner as to cause or be likely to cause any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
5
Except in the case of an emergency —
a
no train shall stop at East Leake station to allow passengers to alight from or board the train,
b
no train, other than a train being used solely for the carriage of goods, shall run on the railways before 09.00 hours or after 18.00 hours on any day,
without the prior written consent of the Secretary of State.
Protection for Environment Agency
11
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions of this article shall, unless otherwise agreed in writing between the undertaker and the Agency, have effect.
2
Before carrying out, under any powers conferred on or transferred to the undertaker by this Order —
a
any operation on the banks of any watercourse;
b
the erection or raising of any obstruction to the flow of any watercourse which is not part of a main river within the meaning of section 113 of the Water Resources Act 1991 ; or
c
the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any such watercourse in, under or through any land within the limits of deviation,
the undertaker shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out any such operation or work otherwise than in accordance with such plans as are approved.
3
The approval of plans furnished under paragraph (2) above shall not be unreasonably withheld and if, within two months of such plans being supplied to the Agency, the Agency does not indicate in writing its disapproval and the grounds of its disapproval, it shall be deemed to have approved the plans as supplied.
4
For the purposes of paragraph (2) above, “banks” has the meaning given by section 72 of the Land Drainage Act 1991 and “plans” includes sections, drawings, specifications, calculations and descriptions.
5
Any culvert or any structure designed to contain or divert the flow of any watercourse being a culvert or structure situated within any land within the limits of deviation, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the undertaker in good repair and condition and free from obstruction.
6
Nothing in paragraph (5) above shall have the effect of requiring the undertaker to carry out works of maintenance in respect of any culvert or structure which the Agency or any other person is liable to maintain.
7
If any operation or work is carried out in contravention of this article the undertaker shall upon receiving notice from the Agency take such action as may be necessary to remedy the effect of the contravention to the Agency’s reasonable satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the undertaker, as a debt due from it to the Agency.
8
The provisions of the Act of 1845 incorporated in or applied by this Order shall be subject to the provisions of this article.
9
Any difference arising between the undertaker and the Agency under this article (other than a difference as to its meaning or construction) shall be determined by arbitration.
Maintenance of approved works, etc.
12
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Secretary of State with respect to any works, plant or equipment (including vehicles) forming part of the railways such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Certification of plans, etc.
13
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the sections and works plan to the Secretary of State for certification that they are true copies of the sections and the works plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Arbitration
14
Where under any provision contained or incorporated in this Order any difference is to be determined by arbitration, then such difference shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
A. S. D. Whybrow
Head of Charging and Local Transport Division,
Department of the Environment, Transport and the Regions
14th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Employee Share Ownership Plans (Partnership Shares — Notice of Effects on Benefits, Statutory Sick Pay and Statutory Maternity Pay) Regulations 2000 and shall come into force on 4th August 2000.
Prescribed form of notice of effect of deductions from salary on entitlement to social security benefit
2
The form of notice prescribed under paragraph 38 of Schedule 8 to the Finance Act 2000 (employee share ownership plans — notice of possible effect of deductions on benefit entitlement) to be included in a partnership share agreement under the rules of the employee share plan is set out below.
Notice Deductions from your pay to buy partnership shares under this agreement may affect your entitlement to or the level of, some contributory social security benefits, statutory maternity pay and statutory sick pay.
They may also have a similar effect in respect of some contributory social security benefits paid to your wife or husband.
With this agreement you should have been given information on the effect of deductions from your pay to buy partnership shares on entitlement to social security benefits, statutory sick pay and statutory maternity pay. The effect is particularly significant if your earnings are brought below the lower earnings limit for National Insurance purposes, and is explained in the information: it is therefore important that you read it. If you have not been given a copy, ask your employer for it. Otherwise a copy may be obtained from any office of the Inland Revenue, the Department of Social Security, or, in Northern Ireland, the Department for Social Development. You should take the information you have been given into account in deciding whether to buy partnership shares.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
1st August 2000