text:
PART I
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) Regulations 2000 and shall come into force on 29th February 2000.
2
These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2000.
3
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 .
4
In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
5
In these Regulations a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals under section 35, 41 or 339(1) of the 1996 Act or section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act will be such a school and which has a temporary governing body.
6
In these Regulations a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (5).
7
In these Regulations a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school.
8
In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).
9
In these Regulations a reference to the permanent exclusion of a pupil is a reference to his permanent exclusion as defined from time to time for the purposes of section 494 of the 1996 Act .
10
In these Regulations references to net expenditure or to a net local schools budget are references to that expenditure or that local schools budget net of related fees, charges, specific grant (except to the extent that it is used to support expenditure through the individual schools budget) or other income received by the local education authority.
11
In these Regulations a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999.
12
Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.
budget share section 47(1) of the 1998 Act delegated budget section 49(7) of the 1998 Act expenditure regulation 3(2) of these Regulations (for the purposes of Part II of these Regulations) financial year section 579(1) of the 1996 Act formula regulation 10 of these Regulations individual schools budget section 46(2) of the 1998 Act key stage section 355(1) of the 1996 Act local schools budget section 46(1) of the 1998 Act maintained school regulation 1(4) of these Regulations maintenance grant sections 244(1) and 250(1) of the 1996 Act nursery school section 6(1) of the 1996 Act permanent exclusion regulation 1(9) of these Regulations scheme section 48(5) of the 1998 Act school maintained by a local education authority regulation 1(8) of these Regulations school year section 579(1) of the 1996 Act special educational needs section 312(1) of the 1996 Act.
13
Unless the context otherwise requires, a reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, these Regulations so numbered and a reference to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
Revocation
2
1
Subject to paragraph (2) and regulation 23(2), and to the extent that they apply in relation to England, the 1999 Regulations shall —
a
apply only in relation to the financial year beginning on 1st April 1999; and
b
be revoked on 1st April 2000.
2
A school’s budget share for the financial year beginning on 1st April 1999 may be redetermined in the financial year beginning on 1st April 2000 under regulation 20 of the 1999 Regulations or, for the purpose of correcting errors whether in calculation or data, under any of the provisions of those Regulations.
PART II
LOCAL AND INDIVIDUAL SCHOOLS BUDGET
Local schools budget
3
1
The classes or descriptions of local education authority expenditure specified in sub-paragraphs (a) and (b) below are hereby prescribed for the purposes of section 46(1) of the 1998 Act and the determination of a local education authority’s local schools budget subject to the exceptions in regulation 4 —
a
expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education; and
b
expenditure on items listed in paragraph 27(a) to (d) and (r) to (t) of Schedule 1 in so far as such expenditure does not fall within sub-paragraph (a) above.
2
For the purposes of this Part expenditure does not include expenditure defrayed by fees and charges collected by the governing body of a maintained school which are —
a
specifically required or permitted to be collected by any provision of the Education Acts; or
b
in respect of the use of school premises or equipment.
Exceptions
4
A local education authority’s local schools budget shall not include the following classes or descriptions of expenditure —
a
expenditure in connection with nursery schools;
b
expenditure in connection with any provision made for children who have not attained the age of five except where such provision is made at a maintained school or the expenditure is by way of fees paid under section 320 or 348 of the 1996 Act (special provision for children with special educational needs);
c
expenditure in making payments to another local education authority pursuant to section 492, 493 or 494 of the 1996 Act (recoupment between authorities);
d
expenditure which the authority capitalise in their accounts in accordance with proper practices being those accounting practices —
i
which the authority are required to follow by virtue of any enactment, or
ii
which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned,
but in the event of any conflict in any respect between the practices falling within sub-paragraph (i) above and those falling within sub-paragraph (ii) above, only those falling within sub-paragraph (i) above are to be regarded as proper practices ;
e
expenditure offset by income received from Her Majesty’s Chief Inspector of Schools in England or Her Majesty’s Chief Inspector of Schools in Wales; and
f
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings).
Individual schools budget
5
1
A local education authority may deduct from their local schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 1, in whole or in part, in order to arrive at their individual schools budget for the financial year.
2
Where proposals to discontinue a school have been published and it is proposed that those proposals should be implemented in the financial year, a local education authority may deduct from their local schools budget for that year the same classes or descriptions of planned expenditure in respect of that school which they deducted from their local schools budget for the financial year beginning on 1st April 1999 even if such deduction is not permitted by paragraph (1) above.
PART III
SCHOOLS' BUDGET SHARES
Determination of budget shares
6
This Part applies for the purpose of determining the amount which a local education authority may determine as a maintained school’s budget share for the financial year.
Allocation of individual schools budget
7
A local education authority shall allocate in the financial year in accordance with this Part all of their individual schools budget for that financial year as the budget shares of schools which they maintain.
Timing of determination of budget shares
8
1
The amount of a school’s budget share for the financial year shall be initially determined by the local education authority before the beginning of that year.
2
A local education authority may decide not to initially allocate all of their individual schools budget in the form of budget shares at the beginning of the financial year and instead to retain an amount for the purpose of redeterminations or the correction of errors but such amount must be used for that purpose or distributed to schools as required by regulation 19(4) before the end of the financial year.
Consultation
9
1
A local education authority shall consult the governing body and head teacher of every school which they maintain about any proposed changes, other than the changes required by regulation 11(10), in relation to the factors and criteria that were taken into account, or the methods, principles and rules that were adopted, in their formula under the 1999 Regulations in the financial year beginning on 1st April 1999 (including any new factors, criteria, methods, principles or rules).
2
Consultation under this regulation shall take place in sufficient time to allow the outcome to be taken into account in the determination of the authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
3
A local education authority shall inform all those who were consulted of the outcome of the consultation.
Formula for determination of budget shares
10
1
A local education authority shall determine before the beginning of the financial year, and after the consultation referred to in regulation 9, the formula which they will use to determine schools' budget shares in that financial year having regard to the factors, criteria and requirements set out in this Part.
2
A local education authority shall have regard to the desirability of such a formula being simple, objective, measurable and predictable in effect, and clearly expressed.
3
Subject to regulation 23 (additional arrangements approved by the Secretary of State), a local education authority shall use the formula determined under paragraph (1) in all determinations and redeterminations of budget shares in respect of the financial year.
Pupil numbers
11
1
In determining budget shares for primary and secondary schools, a local education authority shall take into account in their formula the number of registered pupils at those schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (8).
2
For the purposes of paragraph (1), the number of registered pupils does not include —
a
pupils in places which the authority recognise as reserved for children with special educational needs or for children in nursery classes; or
b
in relation to the funding of boarding accommodation only, pupils in boarding accommodation at boarding schools other than special schools.
3
Where the authority determine only one date for the purposes of paragraph (1) that must be a date which falls —
a
before 1st April 2000; and
b
in the school year in which 1st April 2000 falls.
4
Where the authority determine more than one date for the purposes of paragraph (1) then —
a
one of those dates must satisfy paragraph (3);
b
of the other date or dates —
i
no date may be earlier than the beginning of the school year in which 1st April 2000 falls;
ii
the authority may determine a date or dates which are in the future and estimate the number of registered pupils at the school on that date.
5
Paragraphs (3) and (4) (restrictions on choice of dates for the purposes of paragraph (1)) shall not apply in relation to pupils in nursery or reception classes whom the authority take into account under paragraph (1) (pupils in nursery classes not occupying places which the authority recognise as reserved for such pupils or any pupils in reception classes).
6
An authority may in determining budget shares for special schools, or for primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes, take into account in their formula the number of registered pupils at those special schools or the number of pupils in those reserved places at primary or secondary schools on such date or dates as may be determined by the authority, weighted if the authority consider it appropriate in accordance with paragraph (8).
7
If the authority estimate the number of registered pupils at a school they must consult the head teacher of the school.
8
A local education authority may weight pupil numbers according to any or all of the following factors —
a
age, including weighting according to key stage or year group;
b
whether a pupil is provided with nursery education by a school;
c
the subject or course of study in the case of pupils in a sixth form; and
d
special educational needs.
9
A local education authority may adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly, the permanent exclusion of a pupil from the school or the admission of a pupil following his permanent exclusion from another school maintained by a local education authority.
10
Subject to paragraph (11) a local education authority shall provide in their formula that any amount allocated in accordance with paragraph (1) or (6) in respect of a pupil shall be at least 2.5 per cent. higher than the amount initially determined in relation to the financial year beginning on 1st April 1999 in respect of a pupil with the same characteristics under the corresponding provisions of the 1999 Regulations.
11
Paragraph (10) shall not apply in relation to any amount allocated in accordance with paragraph (1) or (6) weighted in accordance with paragraph (8)(d).
Places
12
In determining budget shares for —
a
special schools;
b
primary or secondary schools with places which the authority recognise as reserved for children with special educational needs or for children in nursery classes; or
c
schools with boarding accommodation,
the local education authority may take into account in their formula the number of places which they wish to fund at those special schools, the number of places of the kind described above at those primary or secondary schools or the amount of boarding accommodation which they wish to fund and in the case of (a) and (b) above may take account of the special educational needs in question.
Differential funding
13
1
A local education authority shall use factors or criteria which differentiate between different categories or descriptions of schools in so far as the functions of the governing bodies of those schools justify such differentiation but may not otherwise do so except as required or expressly permitted by these Regulations.
2
A local education authority shall use factors or criteria which differentiate between a school and other schools of the same category or description if the choice that that school’s governing body have made under these Regulations regarding particular expenditure funding for which is to be included in their schools' budget share, justifies such differentiation.
3
A local education authority are not required to use factors or criteria in their formula which differentiate between —
a
primary and secondary schools, and special schools;
b
schools whose pupils are in different age ranges,
but they may do so.
4
Where a local education authority choose to use a particular factor or criteria, which they did not use in the financial year beginning on 1st April 1999, to delegate funding to all or some of the schools which they maintain then this regulation shall not require them to delegate such funding to a school which it is proposed to discontinue during the financial year but they may do so.
Additional factors or criteria
14
Subject to regulation 13, a local education authority may, in determining budget shares for schools which they maintain, take into account in their formula, as they consider appropriate, any or all of the factors or criteria set out in Schedule 2.
Budget share adjustments in relation to the financial year beginning on 1st April 1999: Pupil numbers
15
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 1999 was determined pursuant to regulation 11(1) or (5) of the 1999 Regulations other than in cases where pupil numbers were weighted according to special educational needs.
2
Subject to paragraph (3), to the extent that a school’s budget share for that preceding financial year was —
a
determined by reference to an estimate of the number of registered pupils at the school; and
b
differences between the estimated number of pupils on those dates and the actual number of pupils at the school on those dates were not taken into account in a redetermination of the school’s budget share for that preceding financial year,
the local education authority shall determine that school’s budget share for the financial year beginning on 1st April 2000 so as to take into account those differences.
3
A local education authority may determine a school’s budget share so as to make such adjustments which are appropriate to take into account, wholly or partly, any increases in pupil numbers during the course of the financial year beginning on 1st April 1999.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 1999 determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations could have been reduced.
5
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999 under regulation 18 (transitional funding) of the 1999 Regulations.
6
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Budget share adjustments in relation to the financial year beginning on 1st April 1999: Non-pupil number factors
16
1
This regulation applies to the extent that a school’s budget share for the financial year beginning on 1st April 1999 was determined other than pursuant to regulation 11(1) or (5) of the 1999 Regulations or was so determined in accordance with pupil numbers weighted according to special educational needs.
2
Where there has been a change in the data —
a
on the basis of which that determination was made; and
b
that change was not taken into account in a redetermination of the school’s budget share for that preceding financial year,
the local education authority may determine that school’s budget share so as to take into account those changes.
3
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be reduced, it may not be reduced by an amount greater than the amount by which the school’s budget share for the financial year beginning on 1st April 1999 determined in accordance with regulation 18 (transitional funding) of the 1999 Regulations could have been reduced.
4
In so far as a determination under this regulation would require the amount that would otherwise be the budget share of a former grant-maintained or grant-maintained special school to be increased, there shall be deducted from that increase any amount for transitional funding determined in respect of the school in the financial year beginning on 1st April 1999 under regulation 18 (transitional funding) of the 1999 Regulations.
5
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
New schools
17
1
In the case of —
a
a proposed school referred to in regulation 1(5);
b
a school proposals for the establishment of which have not been fully implemented;
c
a school which is the subject of a significant change of character, a significant enlargement of its premises or a transfer to a new site under the 1996 Act; or
d
a school which is the subject of a prescribed alteration within the meaning of the 1998 Act,
the local education authority shall include factors or criteria in their formula which enable them to determine the school’s budget share so as to take into account the particular needs of the school or proposed school; and in particular may, in any financial year preceding the financial year in which a school first admits pupils, determine the amount of the budget share as zero.
2
For the purposes of these Regulations, proposals for the establishment of a school have been fully implemented when the number of pupils admitted to the school in each age group has, in the opinion of the local education authority, reached —
a
that number of pupils indicated, when proposals for the establishment of the school were published, as the number of pupils to be admitted to each age group when the proposals were fully implemented; or
b
if no such number was indicated, such number as the authority may determine.
Transitional funding
18
1
A local education authority shall determine the budget share of a former grant-maintained or grant-maintained special school so as to include an amount for transitional funding.
2
The amount referred to in paragraph (1) is the amount if any by which the school’s protected level of funding in respect of the financial year beginning on 1st April 2000 determined by the local education authority in accordance with Schedule 3 is greater than the school’s adjusted budget share for that financial year.
3
For the purposes of this regulation, a school’s adjusted budget share is its budget share determined in accordance with this Part but not taking into account the effect of this regulation and regulations 15 (budget share adjustments: pupil numbers), 16 (budget share adjustments: non-pupil number factors), regulation 20 (excluded pupils) and 21 (additional provisions for redeterminations).
4
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Redetermination of budget shares
19
1
A local education authority shall include factors or criteria in their formula which enable them, if they so wish, to redetermine a school’s budget share during the course of the financial year to take account wholly or partly of —
a
changes during the financial year in the number or estimates of the number of registered pupils (including the substitution of actual numbers for estimates) at the school by reference to which the budget share was determined in accordance with regulation 11(1) or (6) other than in cases where pupil numbers were weighted according to special educational needs;
b
other changes during the financial year in the data by reference to which the budget share was determined; and
c
changes during the financial year in the amount of the authority’s individual schools budget.
2
A local education authority may not redetermine in accordance with paragraph (1) the budget share of a school in receipt of transitional funding under regulation 18 so as to reduce the amount of that school’s budget share.
3
A local education authority shall set out in their formula the factors or criteria that they will use, in redetermining schools' budget shares in accordance with paragraph (1), to allocate the planned expenditure referred to in paragraph 32 of Schedule 1.
4
Where the local education authority propose to retain part of their individual schools budget pursuant to regulation 8(2) for the purpose of redeterminations or the correction of errors they shall include factors or criteria in their formula which require them to redetermine schools' budget shares before the end of the financial year so as to distribute to schools the unallocated balance of any such retained amount on the basis of pupil numbers in accordance with regulation 11(1) or (6).
5
A local education authority shall include factors or criteria in their formula which enable them to adjust the number of registered pupils used to determine or redetermine a school’s budget share where it is appropriate to do so in order to take into account, wholly or partly —
a
any reduction or increase in the school’s budget share under regulation 20 (pupils permanently excluded or admitted following a permanent exclusion); or
b
any increase in the school’s budget share under this regulation in respect of significant increases in pupil numbers funded by the planned expenditure referred to in paragraph 32 of Schedule 1.
Pupils permanently excluded or admitted following a permanent exclusion
20
1
Where a pupil is permanently excluded from a school maintained by a local education authority, the authority shall redetermine the school’s budget share for that financial year in accordance with paragraph (2).
2
The school’s budget share shall be reduced by the amount
A × B 52
where —
A is the amount, in the financial year in which the permanent exclusion takes effect (as defined from time to time for the purposes of section 494 of the 1996 Act (“the relevant date”)), determined by the authority, in accordance with this Part, to be attributable for the full financial year to a registered pupil of the same age and characteristics as the pupil in question at primary or secondary schools maintained by the authority:
For the purposes of this definition the amount attributable to a registered pupil is the sum of the amounts determined in accordance with the authority’s formula or regulation 23 by reference to pupil numbers rather than by reference to the number of places at the school or any other factor or criteria not dependent on pupil numbers; and
B is the number of complete weeks remaining in the financial year calculated from the relevant date:
EXCEPT that where the permanent exclusion takes effect on or after 1st April in a school year at the end of which pupils of the same age or age group as the pupil in question normally leave that school prior to being admitted to a middle or secondary school (including a special school which would apart from regulation 1(7) be a secondary school), B is the number of complete weeks remaining in that school year calculated from the relevant date.
3
Where a pupil is admitted to a school maintained by a local education authority (“the admitting school”) who has been permanently excluded from another maintained school in that financial year the authority shall redetermine the admitting school’s budget share in accordance with paragraph (4).
4
The school’s budget share shall be increased by an amount which may not be less than the amount
D × E F
where —
D is the amount by which the authority reduce the budget share of the school from which the pupil was permanently excluded or would have reduced it had that school been maintained by the authority;
E is the number of complete weeks remaining in the financial year during which the pupil is a registered pupil at the admitting school;
F is the number of complete weeks remaining in the financial year calculated from the relevant date.
5
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Additional provisions for redeterminations in relation to non-pupil number factors in financial years beginning on or before 1st April 1998
21
1
A local education authority may redetermine a school’s budget share within the meaning of the 1996 Act for any financial year beginning on or before 1st April 1998 to take into account changes in data, other than pupil numbers, by reference to which the school’s budget share for that year if any was determined if —
a
such changes have not already been taken into account in any determination or redetermination of that school’s budget share within the meaning of the 1996 Act or the 1998 Act or its maintenance grant (as a former grant-maintained or grant-maintained special school); and
b
such redetermination as is proposed could have been made in that preceding financial year under the terms of the authority’s scheme within the meaning of the 1996 Act in force in that year.
2
A local education authority shall, in the case of a former grant-maintained or grant-maintained special school, redetermine that school’s budget share for the financial year beginning on 1st April 2000 to take into account changes in data, other than pupil numbers, by reference to which the school’s maintenance grant for any financial year beginning on or before 1st April 1998 was determined if such changes have not already been taken into account in any determination or redetermination of that school’s maintenance grant or budget share for a preceding financial year.
3
Subject to paragraph (4), a local education authority shall redetermine a school’s budget share in accordance with paragraph (2) by adding or subtracting such amount, if any, determined by the Secretary of State, in accordance with the provisions of the regulations made under section 244(2) of the 1996 Act in force in the preceding financial year in question and as if any reference to the Funding Agency for Schools was a reference to the Secretary of State.
4
If the Secretary of State considers it likely that the changes in data referred to in paragraph (2) and any consequent change in the school’s maintenance grant for that year would have meant that the governing body would have received a larger payment of special purpose grant pursuant to section 245 of the 1996 Act in respect of the costs incurred by the school in respect of Value Added Tax in that year he may add to the amount determined under paragraph (3) an amount which he considers would be equivalent to that increase. Conversely if he considers that the governing body would have been entitled to a smaller such payment he may subtract an amount which he considers would be equivalent to that reduction.
5
A local education authority shall include factors or criteria in their formula which satisfy the requirements of this regulation.
Percentage of “pupil-led” funding
22
In determining and redetermining budget shares for primary and secondary schools a local education authority shall ensure that their formula provides that at least 80 per cent. of the amount which is their individual schools budget, less the aggregate of the sum of the budget shares of special schools and any transitional funding determined under regulation 18, is allocated in one or more of the following manners —
a
in accordance with regulation 11(1) or (6);
b
in accordance with any other factors or criteria using pupil numbers which provide for the same funding for pupils of the same age irrespective of the nature of the school which they attend but such funding for children with special educational needs who do not have statements of special educational needs shall only count towards the figure of 80 per cent. referred to above to the extent that it does not exceed 5 per cent. of the total amount allocated by the authority to primary and secondary schools from their individual schools budget;
c
to places in primary schools which the authority recognise as reserved for children in nursery classes;
d
to places in primary or secondary schools which the authority recognise as reserved for children with special educational needs;
e
for pupils with statements of special educational needs where funding in respect of such pupils forms part of schools' delegated budgets;
f
by reference to any or all of the following: the recruitment of, the length, type and subject matter of courses taken by, and the achievements of, pupils in a sixth form at a school; and
g
to places for pupils in boarding accommodation at boarding schools other than special schools.
Additional arrangements approved by the Secretary of State
23
1
The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to determine or redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by this Part.
2
Authorisations given and arrangements approved by the Secretary of State under the 1999 Regulations shall continue to apply in relation to the financial year beginning on 1st April 2000 notwithstanding the provisions of regulation 2(1) of these Regulations.
PART IV
SCHEMES
Required content of schemes
24
A scheme prepared by a local education authority under section 48(1) of the 1998 Act shall deal with the matters connected with the financing of schools maintained by the authority set out in Schedule 4.
Manner of publication
25
For the purposes of paragraph 1(7) of Schedule 14 to the 1998 Act (prescribed manner of publication of schemes) a scheme shall be published by the local education authority concerned on its coming into force and in the circumstances prescribed in regulation 26 by —
a
furnishing a copy to the governing body and a copy to the head teacher of each school maintained by the authority; and
b
making a copy available for reference at all reasonable times and without charge at each school maintained by the authority and at the principal education office of the authority.
Additional occasions when schemes require publication
26
For the purposes of paragraph 1(7)(b) of Schedule 14 to the 1998 Act (prescribed occasions on which publication of schemes is required) a scheme shall be published by the local education authority concerned on the coming into force of any revision of it.
Estelle Morris
Minister of State,
Department for Education and Employment
25th February 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Rail Vehicle Accessibility (LTS Rail Class 357 Vehicles) Exemption Order 2000 and shall come into force on 23rd February 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 67651 to 67696, 74051 to 74096, 74151 to 74196 and 67751 to 67796 and which form the multiple-units numbered 357001 to 357046 of the class known as “class 357” (`the exempted vehicles') as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by LTS Rail Limited.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(3)(b);
b
in so far as regulation 5 relates to control devices which are not operated by the application of pressure and which control doors in the ends of an exempted vehicle, regulation 5;
c
in so far as regulation 5(1)(a) relates to control devices which control doors in the side of an exempted vehicle, regulation 5(1)(a);
d
regulation 8(1) and (5);
e
regulation 13; and
f
regulation 16(1)(c) and (e)(iii).
5
1
The exemption given by article 4(2)(a) in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given by article 4(2)(b) in respect of regulation 5 shall cease at the end of 31st December 2011.
3
The exemption given by article 4(2)(c) in respect of regulation 5(1)(a) shall cease at the end of 31st December 2010.
4
The exemption given by article 4(2(d) in respect of regulation 8(1) shall cease at the end of 31st December 2005.
5
The exemptions given by article 4(2)(d) in respect of regulation 8(5) and by article 4(2)(f) in respect of regulation 16(1)(c) shall cease at the end of 31st December 2001.
6
The exemption given by article 4(2)(e) in respect of regulation 13 shall cease at the end of 30th June 2000.
7
The exemption given by article 4(2)(f) in respect of regulation 16(1)(e)(iii) shall cease at the end of 31st December 2000.
6
The exemption given in respect of regulation 16(1)(e)(iii) shall apply only in relation to an exempted vehicle for a period during which the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is reasonably available to assist a disabled person in a wheelchair in that vehicle in the event of an emergency (whether or not the device required by regulation 16(1)(e) has been operated).
7
1
The authorisation shall cease forthwith in respect of an exempted vehicle:
a
which is operated by a person other than LTS Rail Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
which is operated on a route other than one specified in paragraph (2) below unless the Secretary of State has been given written notice in advance of that other route with a plan showing that route.
2
The specified routes, including sidings on those routes, for the purpose of paragraph (1) above are between:
a
Fenchurch Street Station and Shoeburyness Station via Laindon Station (including Gas Factory Loop);
b
Barking (Tilbury Line Junction East) and Pitsea Station via Tilbury Town Station;
c
Upminster Station and West Thurrock Junction;
d
Liverpool Street Station and Forest Gate Junction via Stratford Station;
e
Forest Gate Junction and Woodgrange Park Junction; and
f
Woodgrange Park Junction and Barking (Tilbury Line Junction West).
8
The Rail Vehicle Accessibility (LTS Rail Class 357 Vehicles) Exemption Order 1999 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
27th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Protection of Children (Child Care Organisations) Regulations 2000, and come into force on 2nd October 2000.
Prescribed enactments for the purposes of section 12(1) of the Protection of Children Act 1999
2
The following enactments are prescribed for the purposes of the definition of “child care organisation” in section 12(1) of the Protection of Children Act 1999: —
a
Local Authority Social Services Act 1970 , sections 2 and 7A to 7D;
b
Adoption Act 1976 , section 9;
c
National Health Service Act 1977 , sections 8 and 15 to 18A, Schedule 5 and Schedule 5A;
d
Registered Homes Act 1984 sections 16 and 26;
e
Children Act 1989 , sections 72 and 73, paragraph 4 of Schedule 4, paragraph 7 of Schedule 5 and paragraph 10 of Schedule 6;
f
National Health Service and Community Care Act 1990 , section 5 and Schedule 2;
g
Criminal Justice Act 1991 , sections 84 to 88A;
h
Probation Service Act 1993 , section 25; and
i
Criminal Justice and Public Order Act 1994 , sections 7 to 15.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
11th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund (Recovery by Deductions from Benefits) Amendment Regulations 2000 and shall come into force on 9th April 2001.
Amendment to regulation 3 of the Social Fund (Recovery by Deductions from Benefits) Regulations 1988
2
In regulation 3 (benefits from which an award may be recovered) of the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 , after paragraph (dd) there shall be inserted the following paragraphs —
ee
widowed parent’s allowance under section 39A of the Social Security Contributions and Benefits Act 1992 ;
ff
bereavement allowance under section 39B of the Social Security Contributions and Benefits Act 1992 .
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
6th December 2000


text:
Citation and commencement
1
1
This Order may be cited as the Tor Bay Harbour Revision Order 2000 and shall come into force on 12th January 2001.
2
The Tor Bay Harbour Acts 1970 to 1988 and this Order may be cited together as the Tor Bay Harbour Acts and Order 1970 to 2000.
Interpretation
2
In this Order —
“the 1970 Act ” means the Tor Bay Harbour Act 1970 ;
“the 1983 Act ” means the Tor Bay Harbour (Torquay Marina &c.) Act 1983 ;
“authorised works” means Works Nos. 1 to 6 and any other works authorised by this Order, or any part of such works;
“the bridge” means the opening bridge comprising Work No. 1;
“ the Council ” means Torbay Council;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections (location plan and sheets numbered 1 to 6) prepared in duplicate, signed by the Head of Ports Division, Department of the Environment, Transport and the Regions and marked “Plans and sections referred to in the Tor Bay Harbour Revision Order 2000” one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the offices of the Council;
“the harbour” has the same meaning as in section 4 of the 1970 Act;
“harbour undertaking” means the undertaking of the Council authorised by the Tor Bay Harbour Acts and Order 1970 to 2000;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“master”, in relation to a vessel, means any person having or taking command, charge, management or conduct of the vessel for the time being;
“reference point” means Ordnance Survey National Grid reference point; and
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters.
Power to construct, etc. , works
3
1
Subject to the provisions of this Order, the Council may, in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described with all necessary works and conveniences connected therewith —
Work No. 1
An opening bridge over the entrance between Torquay Inner Harbour and Torquay Outer Harbour, to be constructed in such a manner that it may be opened so as to afford a clear width at that entrance of not less than 8 metres at every level from the top of the flapgate forming part of Work No. 4 of the 1983 Act to a height upwards without limit above the level of high water, commencing at South Pier at reference point SX 9177163283 and terminating at the Old Fish Quay at reference point SX 9177063333.
Work No. 2
Piled moorings together with a pontoon system to be constructed or placed in Torquay Outer Harbour (having a ramp connection giving access to that system from Beacon Quay) commencing at reference point SX 9183063151 and terminating at reference point SX 9169063191.
Work No. 3
Piled moorings together with a pontoon to be constructed or placed in Torquay Outer Harbour (having a ramp connection giving access to that pontoon from Haldon Pier) commencing at reference point SX 9181663102 and terminating at reference point SX 9172763073.
Work No. 4
Demolition of existing slipways and the construction of an extended solid new quay face by means of the reclamation and infilling of the bed of the sea at Beacon Quay in Torquay Outer Harbour (comprising an area of approximately 1,550 square metres and incorporating a slipway) commencing at South Pier at reference point SX 9181663250 and terminating at Haldon Pier at reference point SX 9182463098.
Work No. 5
Piled moorings together with a pontoon to be constructed or placed in Torquay Outer Harbour (having a ramp connection giving access to that pontoon from Princess Pier) commencing at reference point SX 9144763237 and terminating at reference point SX 9152163154.
Work No. 6
The construction of a solid dinghy platform by means of the reclamation and infilling of the bed of the sea adjoining the south-eastern side of Haldon Pier (comprising an area of approximately 1,100 square metres and incorporating a slipway) commencing at reference point SX 9184163088 and terminating at reference point SX 9178663045.
2
The Council may, within the limits of deviation, from time to time reconstruct, renew, alter, enlarge, replace or relay the authorised works and may maintain the same as reconstructed, renewed, altered, enlarged, replaced or relaid.
3
Nothing in this article shall authorise the Council to demolish the existing slipways mentioned in Work No. 4 in paragraph (1) above without obtaining listed building consent in respect of that demolition under section 82 of the Planning (Listed Buildings and Conservation Areas) Act 1990 .
Power to deviate
4
In constructing the works authorised by article 3 above the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limits of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding three metres upwards or to such extent downwards as may be found necessary or convenient.
Opening of bridge
5
1
Subject to paragraph (2) below, the Council shall cause the bridge to be opened at such times and for such periods for the purpose of enabling the passage of vessels to or from Torquay Inner Harbour on receiving from the master not less than one hours' prior notice between the hours of 8 a.m. and 8 p.m. or two hours' prior notice at all other times notwithstanding that the use by pedestrians of the bridge may be prevented, delayed or interfered with by reason or in consequence thereof:
2
In cases of emergency the Council shall use their best endeavours to open the bridge when requested by the master to do so in accordance with paragraph (1) above, at shorter notice than the applicable period specified above.
Tidal works not to be executed without approval of Secretary of State
6
1
A tidal work shall not be constructed, reconstructed, renewed, enlarged or altered except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, reconstructed, renewed, enlarged or altered in contravention of paragraph (1) above or of any condition or restriction imposed under the said paragraph —
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and
b
if it appears to the Secretary of State urgently necessary so to do, he may himself remove the tidal work or part of it and restore the site to its former condition,
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Application of provisions of 1983 Act
7
The following sections of the 1983 Act shall apply in relation to this Order as they apply in relation to that Act, namely:
section 4 (Power to make subsidiary and accommodation works);
section 6 (Provision against danger to navigation);
section 7 (Abatement of works abandoned or decayed);
section 8 (Survey of tidal works);
section 9 (Permanent lights on tidal works);
section 10 (Lights on tidal works during construction);
Saving for Trinity House
8
Nothing in this Order shall prejudice or derogate from any of the rights, duties or privileges of the Corporation of Trinity House of Deptford Strond.
Obstructing works
9
Any person who intentionally obstructs any person acting under the authority of the Council in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be guilty of an offence an liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Defence for Council in relation to certain offences
10
1
In any proceedings for an offence under sections 6, 9, and 10 of the 1983 Act as applied to this Order, it shall be a defence for the Council to prove that they took all reasonable precautions and exercised all due diligence to avoid commission of such an offence.
2
If in any case the defence made under paragraph (1) above involves an allegation that the commission of the offence was due to the act or default of another person, the Council shall not, without leave of the court, be entitled to rely on that defence unless, within a period ending seven clear days before the hearing, they have served on the prosecution a notice in writing giving such information as was then in their possession identifying or assisting in the identification of that other person.
Crown rights
11
1
Nothing in this Order shall affect, prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, without prejudice to the generality of the foregoing nothing in this Order shall authorise any person to take, use, enter upon or in any manner interfere with, any land or hereditaments (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) or any rights of whatsoever description —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally, or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
22nd December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Clinical Assessment Authority (Establishment and Constitution) Order 2000 and shall come into force on 27th November 2000.
2
In this Order “the Authority” means the National Clinical Assessment Authority established by this Order.
Establishment of the National Clinical Assessment Authority
2
There is hereby established a Special Health Authority which shall be known as the National Clinical Assessment Authority.
Functions of the Authority
3
Subject to and in accordance with such directions as the Secretary of State may give , the Authority shall perform —
a
such functions in connection with the assessment of the performance and conduct of doctors and dentists engaged in the health service, and
b
such other functions
as the Secretary of State may direct.
Constitution of the Authority
4
The Authority shall consist of:
a
a chairman;
b
not less than six and not more than fourteen members who are not officers of the Authority;
c
the person who for the time being holds the office of Medical Director of the Authority; and
d
not more than two other persons who are officers of the Authority.
Remuneration of members
5
The Authority is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Public Meeting
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Authority.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
6th November 2000


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Waverley (Electoral Changes) (Amendment) Order 2000.
2
This Order shall come into force on the day after that on which it is made.
Amendment of Order
2
The Borough of Waverley (Electoral Changes) Order 1999 is amended, in Schedule 1, column (3), —
a
by the insertion, in respect of the column (1) entry “Godalming Binscombe”, of the numeral “2”;
b
by the substitution —
i
for the numeral “3”, of the numeral “2”, in respect of the column (1) entry “Haslemere East and Grayswood”; and
ii
for the numeral “2”, of the numeral “3”, in respect of the column (1) entry “Hindhead”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
21st December 2000


text:
Citation and commencement
1
This Order may be cited as the Football (Disorder) (Legal Advice and Assistance) Order 2000 and shall come into force on 28th August 2000.
Interpretation
2
1
In this Order —
a
a reference to a section by number alone means the section so numbered in the Football Spectators Act 1989 ;
b
“the 1988 Act ” means the Legal Aid Act 1988 ;
c
“ ABWOR ” means assistance by way of representation, which has the same meaning as in the 1988 Act;
d
“section 14B respondent” means a respondent in proceedings in a magistrates' court under section 14B (banning orders made on a complaint);
e
“section 14D appellant” means an appellant in an appeal to the Crown Court under section 14D (banning orders made on a complaint: appeals);
f
“section 14G applicant” means a person applying under section 14G(2) (additional requirements of orders) for variation of a banning order made under section 14B;
g
“section 14H applicant” means a person applying under section 14H (termination of orders) to terminate a banning order made under section 14B;
h
“section 21B recipient” means a person to whom a notice is given under section 21B(2) (summary measures: reference to a court); and
i
“section 21D appellant” means an appellant in an appeal to the Crown Court under section 21D(2) (summary measures: compensation).
Modification of Legal Aid Act 1988 and related regulations
3
The 1998 Act, the Legal Advice and Assistance (Scope) Regulations 1989 and the Legal Advice and Assistance Regulations 1989 shall be modified as set out in the following articles.
4
Section 32 of the 1988 Act shall be read as if it did not apply to ABWOR given to a section 21B recipient.
5
1
The modifications to the Legal Advice and Assistance (Scope) Regulations 1989 referred to in article 3 are set out in the following paragraphs of this article.
2
The definition of “criminal proceedings” in regulation 3(3) shall be read as also including proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D.
3
Part III shall be read as if it also included a regulation providing that Part III of the 1988 Act applied to ABWOR given to a section 14B respondent, a section 14D appellant, a section 14G applicant, a section 14H applicant, a section 21B recipient or a section 21D appellant.
6
1
The modifications to the Legal Advice and Assistance Regulations 1989 referred to in article 3 are set out in the following paragraphs of this article.
2
Regulation 7(1) shall be read as if it also referred to ABWOR given to a section 14B respondent or a section 21B recipient.
3
ABWOR given to a section 21B recipient shall be available only under arrangements made as if under regulation 7(1), and regulation 22 shall accordingly not be applied to such ABWOR.
4
Regulation 22(3) and the exception to regulation 22(5) shall be read as if they also referred to ABWOR given to a section 14B respondent, a section 14D appellant, a section 14G applicant, a section 14H applicant or a section 21D appellant.
5
Regulation 22(6A) shall be read as if it also referred to ABWOR given to a section 14B respondent.
Steve Bassam
Parliamentary Under-Secretary of State
Home Office
3rd August 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) (Amendment) Regulations 2000 and shall come into force on 8th May 2000.
2
These Regulations shall have effect in relation to nominations made for the purposes of the scheme established by Schedule 10 to the Finance Act 1987 in respect of transactions for which the transaction base date prescribed by regulation 7 of the principal Regulations falls in a chargeable period beginning after 30th June 2000.
Interpretation
2
In these Regulations “the principal Regulations” means the Petroleum Revenue Tax (Nomination Scheme for Disposals and Appropriations) Regulations 1987 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2A shall be amended as follows.
2
In paragraph (3B) in sub-paragraph (a) after the words “for the chargeable period” there shall be inserted “or for the next following chargeable period”.
4
1
Regulation 3 shall be amended as follows.
2
The word “or” immediately following paragraph (2)(c)(iii) shall be omitted.
3
In paragraph (2)(c)(iv) after the words “or the registered letter service, ” there shall be inserted
or
v
by electronic communications in accordance with any requirements imposed by means of a specific or general direction of the Board as to the manner in which such communications are to be made,
.
4
After paragraph (3) there shall be inserted the following paragraph —
4
In paragraph (2)(c)(v) above “electronic communications” includes any communications by means of a telecommunication system within the meaning of the Telecommunications Act 1984 ).
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
14th April 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2000 and shall come into force on 10th July 2000.
2
In these Regulations, “the principal Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (prescription of diseases and injuries and occupations for which they are prescribed) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (a), for “paragraphs (b) and (c)” there shall be substituted “the following paragraphs”.
3
After paragaph (d), there shall be added —
e
cataract is not prescribed unless the person was employed in employed earner’s employment in an occupation set out in the second column of paragraph A2 of Part I of Schedule 1 to these regulations for a period or periods amounting in aggregate to not less than 5 years.
.
Amendment of regulation 25 of the principal Regulations
3
1
Regulation 25 of the principal Regulations (time for claiming benefit in respect of occupational deafness) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (2), after “worked” there shall be inserted “in employed earner’s employment”.
3
In paragraph (2)(a), for “been employed” there shall be substituted “worked in employed earner’s employment”.
Amendment of regulation 27 of the principal Regulations
4
In regulation 27(1)(c) of the principal Regulations (further claims in respect of occupational deafness), after “worked” there shall be inserted “in employed earner’s employment”.
Amendment of regulation 36 of the principal Regulations
5
1
Regulation 36 of the principal Regulations (time for claiming benefit in respect of occupational asthma) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), after “worked” there shall be inserted “in employed earner’s employment”.
3
In paragraph (2), for “be employed” there shall be substituted “work in employed earner’s employment”.
4
In paragraph (4), after “worked” there shall be inserted “in employed earner’s employment”.
5
In paragraph (5), after “worked” there shall be inserted “in employed earner’s employment”.
Amendment of Schedule 1 to the principal Regulations
6
1
Part I of Schedule 1 to the principal Regulations (list of prescribed diseases and the occupations for which they are prescribed) shall be amended in accordance with the following paragraphs of this regulation.
2
For the entry relating to prescribed disease A1 (inflammation, ulceration or malignant disease of the skin) there shall be substituted —
A1
Leukaemia (other than chronic lymphatic leukaemia) or cancer of the bone, female breast, testis or thyroid.
Exposure to electro-magnetic radiations (other than radiant heat) or to ionising particles where the dose is sufficient to double the risk of the occurrence of the condition.
.
3
In the entry relating to prescribed disease A2 (heat cataract) —
a
in the first column the word “Heat” shall be omitted; and
b
for the second column there shall be substituted —
Frequent or prolonged exposure to radiation from red-hot or white-hot material.
.
4
In the entry relating to prescribed disease D12 (chronic bronchitis or emphysema, or both) in the first column for paragraph (i) there shall be substituted —
i
at least one litre below the appropriate mean value predicted, obtained from the following prediction formulae which give the mean values predicted in litres —
For a man, where the measurement is made without back-extrapolation, (3.62 × Height in metres) − (0.031 × Age in years) − 1.41; or, where the measurement is made with back-extrapolation, (3.71 × Height in metres) − (0.032 × Age in years) − 1.44;
For a woman, where the measurement is made without back-extrapolation, (3.29 × Height in metres) − (0.029 × Age in years) − 1.42; or, where the measurement is made with back-extrapolation, (3.37 × Height in metres) − (0.030 × Age in years) − 1.46; or
.
Transitional provision
7
1
The amendments made by regulations 3 and 4 shall not apply in relation to a claim made within 3 months after the commencement date and the amendments made by regulations 2(3), 5 and 6 shall not apply where the date of onset of the relevant disease is prior to the commencement date and the claim is made within 3 months after that date.
2
The amendments made by regulations 2(3) and 6 shall not apply in the case of a person —
a
who had an assessment of disablement in respect of the relevant disease for a period up to the date 3 months after the commencement date; or
b
in respect of whom a decision in relation to a relevant disease on a claim for disablement benefit made before or within 3 months after the commencement date is revised or superseded after that date under section 9 or 10 of the Social Security Act 1998 resulting in an assessment;
during any period when there is in respect of him a continuous assessment of disablement in respect of that disease, and for this purpose two or more assessments, one of which begins on the day following the end of a preceding assessment, shall be treated as continuous.
3
The amendments made by regulations 2(3) and 6(2) and (3) shall not apply in the case of a person —
a
who had an assessment of disablement in respect of the relevant disease for a period which ended before or within 3 months after the commencement date;
b
who suffers a further attack of that relevant disease before or within 3 months after the commencement date;
c
who makes a claim for disablement benefit in respect of that disease after the commencement date; and
d
in respect of whom it is decided under regulation 7 of the principal Regulations (recrudescence) that the further attack is a recrudescence of that disease.
4
In this regulation —
“commencement date” means the date on which these Regulations come into force; and
“relevant disease” means the disease referred to in the amendment, or the regulation of the principal Regulations which is amended by the amendment.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
13th June 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2000.
2
These Regulations shall come into force on 30th August 2000.
Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended as follows: —
a
in paragraph (2) of regulation 37 (audible warning instruments), after the words “other than a reversing alarm” shall be inserted the words “, a boarding aid alarm”;
b
in paragraph (3) of regulation 37, after the words “A reversing alarm” shall be inserted the words “or a boarding aid alarm”;
c
in paragraph (10) of regulation 37, the word “and” immediately after sub-paragraph (c) shall be deleted and there shall be inserted at the end of sub-paragraph (d) the words
; and
e
“boarding aid alarm” means an alarm for a power operated lift or ramp fitted to a bus to enable wheelchair users to board and alight and designed to warn persons that the lift or ramp is in operation.
;
d
in paragraph (2) of regulation 99 (use of audible warning instruments), at the end shall be inserted the words “or in respect of the sounding of a boarding aid alarm.”; and
e
in paragraph (3) of regulation 99, after the words “on a road any reversing alarm” shall be inserted the words “or any boarding aid alarm”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th July 2000


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Motor Vehicles (Compulsory Insurance) Regulations 2000 and shall come into force on 3rd April 2000.
Amendment of the Road Traffic Act 1988 in respect of motor insurance requirements
2
1
The Road Traffic Act 1988 is amended in accordance with paragraphs (2) to (6) below.
2
In section 143 (users of motor vehicles to be insured or secured against third party risks)–
a
in subsection (1)(a), after “road” there shall be inserted “or other public place”;
b
in subsection (1)(b), after “road” there shall be inserted “or other public place”.
3
In section 145(3)(a) (requirements in respect of policies of insurance), after “road” there shall be inserted “or other public place”.
4
In section 146(4) (requirements in respect of securities), after “road ” there shall be inserted “or other public place”.
5
In section 165(1)(b) (obligation to provide name and address and produce documents to constable), after “road” there shall be inserted “or other public place”.
6
In section 170 (duty to stop and report accident)–
a
in subsection (1), after “on a road” there shall be inserted “ or other public place”,
b
in subsection (1)(b)(iii), after “the road” there shall be inserted “ or place”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th March 2000


text:
1
The M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 as varied by the M1–A1 Link (Belle Isle to Bramham Crossorads Section and Connecting Roads) Scheme 1994 (Variation) Scheme 1995 is hereby varied as follows:
a
for Schedule 3 to that Scheme is substituted the Schedule to this Scheme which is numbered 3; and
b
for article 2(c)(iii) of that Scheme (definition of “plan”) substitute —
iii
“plan” means plan numbered 3 in the plan folio numbered H/A 16/YHPD 16 and marked, “The M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 (Variation) Scheme 1995” or numbered 1 and 2 in the plan folio numbered HA 16/PS/16 and marked “The M1–A1 Link Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 (Variation No. 2) Scheme 2000”, each signed by authority of the Secretary of State for the Environment, Transport and the Regions, and deposited at the Highways Agency, Room 12/27, St. Christopher House, Southwark Street, London SE1 0ET;
2
This Scheme may be cited as the M1–A1 Link (Belle Isle to Bramham Crossroads Section and Connecting Roads) Scheme 1994 (Variation) (No. 2) Scheme 2000 and shall come into force on 26th May 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Kevin Lasbury
Divisional Director Highways Agency
17th April 2000


text:
Citation and Commencement
1
These Regulations may be cited the Vehicle Excise Duty (Reduced Pollution) (Amendment) Regulations 2000 and shall come into force on 5th January 2001.
Amendment of the Vehicle Excise Duty (Reduced Pollution) Regulations 1998
2
The Vehicle Excise Duty (Reduced Pollution) Regulations 1998 shall be amended in accordance with the following regulations.
3
In regulation 2 —
1
in paragraph (1), after the definition of “authorised examiner” shall be inserted —
“Directive 1999/96” means Directive 1999/96/ EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/ EEC ;
2
after paragraph (2) shall be inserted —
3
For the purposes of these Regulations a reduced pollution certificate shall be deemed to be issued, and a written notice or notification shall be deemed to be given, by an authorised examiner if it is signed on behalf of that examiner by a person authorised by him to sign it on his behalf.
4
In regulation 5 —
1
in paragraph (1), for the words “paragraph (3)” shall be substituted “paragraphs (3) or (3A)”;
2
in paragraph (3) —
a
for the word “In” shall be substituted “Subject to paragraph (3A), in”; and
b
in the table —
i
at item 3 in column (3), for the figure “0.08” shall be substituted “0.03”;
ii
at item 4 in column (2), for the words “European Commission Proposal (COM (97) 627) for a European and Council Directive amending Council Directive 88/77” shall be substituted “Directive 1999/96 Annex I paragraph 6.2.1.Rows A of Tables 1 and 2”;
iii
at item 4 in column (3), for the figure “0.04” shall be substituted “0.03”; and
3
after paragraph (3) shall be inserted —
3A
In the case of a vehicle in respect of which a reduced pollution certificate was in force on 4th January 2001, the reduced pollution requirements are satisifed if the vehicle continues to meet the reduced pollution requirements in respect of which that certificate was issued.
5
In regulation 12(2), for the words “regulation 10(3)” in both places where those words occur there shall be substituted “regulation 10(1)”.
6
After regulation 12 shall be inserted the following —
Replacement Certificates
12A
At any time when a reduced pollution certificate is in force in respect of a vehicle the Secretary of State may, on surrender of the certificate or its identifiable remains, issue a replacement certificate for the remainder of the period for which the surrendered certificate was in force.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
14th December 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Sefton) Order 2000 and shall come into force on 1st February 2000.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Metropolitan Borough of Sefton excluding the lengths of road described in Schedule 1 to this Order.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 3 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
10th January 2000


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 2000 and shall come into force on 1st April 2000.
2
The Value Added Tax Regulations 1995 shall be amended as follows.
3
1
The word “and” at the end of regulation 118(e) shall be omitted.
2
The following shall be inserted immediately before the full stop at the end of regulation 118(f)–
, and
g
the Finance Act 1999, sections 126 and 127 (interest on unpaid customs debts and on certain repayments relating to customs duty)
.
4
Regulation 119 shall be substituted as follows–
119
The provision made by or under the following subordinate legislation shall be excepted from applying as mentioned in section 16(1) of the Act–
a
regulations 16(4) and (5) and 19(1)(b) of the Excise Warehousing (Etc) Regulations 1988 (certain removals from warehouse);
b
any regulations made under section 197(2)(f) of the Finance Act 1996 (rate of interest on overdue customs duty and on repayments of amounts paid by way of customs duty).
.
5
1
The word “and” at the end of regulation 120(2)(a)(v) shall be omitted.
2
The following shall be added to regulation 120(2)(a)–
vii
Articles 232(1)(b), (2) and (3) (interest on arrears of duty), and
viii
Article 241, second and third sentences only (interest on certain repayments by the authorities),
.
6
Regulation 121 shall be substituted as follows–
121
1
The provision made by the following enactments shall apply, as mentioned in section 16(1) of the Act, subject to the adaptations prescribed by this regulation.
2
Section 125(3) of the Customs and Excise Management Act 1979 (valuation of goods) shall have effect as if the reference to the preceding subsections of that section included a reference to section 21 of the Act.
3
Section 129 of the Finance Act 1999 (recovery of certain amounts by the Commissioners) shall be regarded as providing for the recovery of a repayment of any relevant VAT (import VAT).
.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
9th March 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000.
2
This regulation and paragraphs 2 to 5 of Schedule 2 and regulation 10 in so far as it relates to those paragraphs shall come into force on 14th August 2000.
3
Regulations 2 to 9, paragraph 1 of Schedule 2 and regulation 10 in so far as it relates to that paragraph shall —
a
come into force on 30th October 2000 in respect of lone parents who on that date —
i
live in an area identified in Schedule 1; and
ii
are not entitled to income support;
b
subject to sub-paragraph (a), come into force on 30th April 2001 in respect of lone parents who on that date —
i
are not entitled to income support; or
ii
are entitled to income support and are not —
aa
responsible for; and
bb
living in the same household as,
a child under the age of 13;
c
subject to the preceding sub-paragraphs, come into force on 1st April 2002 in respect of lone parents who on that date are entitled to income support and are not —
i
responsible for; and
ii
living in the same household as,
a child under the age of 9;
d
subject to the preceding sub-paragraphs, where a lone parent —
i
is responsible for and living in the same household as a child whose 13th birthday occurs in the period beginning on 1st May 2001 and ending on 31st March 2002; and
ii
is not on the date of the 13th birthday responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date of that child’s 13th birthday;
e
subject to the preceding sub-paragraphs, where a lone parent —
i
is responsible for and living in the same household as a child whose 9th birthday occurs in the period beginning on 2nd April 2002 and ending on 6th April 2003; and
ii
is not on the date of the 9th birthday responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date of that child’s 9th birthday; and
f
subject to the preceding sub-paragraphs, come into force on 7th April 2003.
4
In these Regulations, unless the context otherwise requires —
“the 1998 Act ” means the Social Security Act 1998 ;
“benefit week” means any period of seven days corresponding to the week in respect of which income support is due to be paid;
“lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 ;
“interview” means a work-focused interview with a lone parent conducted for any or all of the following purposes —
assessing that person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that person to enhance his prospects of such employment;
identifying activities which that person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment or training opportunities suitable to that person’s needs; and
identifying educational opportunities connected with the existing or future employment prospects or needs of that person; and
“officer” means an officer of, or providing services to, the Secretary of State.
5
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to a regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number;
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Requirement for lone parents claiming or entitled to income support to take part in an interview
2
1
Subject to paragraph (2) and regulations 4 to 6, a lone parent who —
a
makes a claim for income support in respect of himself is required to take part in an interview; or
b
is entitled to income support and —
i
has not —
aa
previously taken part; or
bb
failed to take part in an interview,
is required to take part in an interview; or
ii
has previously taken part or failed to take part in an interview is required to take part in an interview after the expiry of one year from the date on which —
aa
he last took part in an interview;
bb
a determination was last made under regulation 6(2) that he is to be treated as having taken part in that interview; or, as the case may be,
cc
he last failed to take part in an interview,
whichever is latest.
2
Subject to paragraph (3), an officer shall inform the lone parent of the place and time of the interview and the time of the interview shall in a case to which paragraph (1)(a) or (b)(ii) applies be as soon as is reasonably practicable after the date on which the requirement to take part in an interview arises.
3
An officer may determine that an interview is to take place in the home of a lone parent where it would in the opinion of the officer be unreasonable to expect that person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Taking part in an interview
3
1
An officer shall determine whether a lone parent has taken part in an interview.
2
Subject to regulations 5(2) and 6(2), for the purposes of these Regulations, a lone parent shall be regarded as having taken part in an interview if and only if —
a
he attends for the interview at the place and time notified to him by an officer; and
b
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which in the opinion of that person puts him at a disadvantage in obtaining employment; and
vii
any caring or childcare responsibilities he has.
Circumstances where requirement to take part in an interview does not apply
4
Regulation 2 shall not apply where the lone parent —
a
is responsible for and living in the same household as a child who has not attained the age of 5 years and 3 months;
b
has attained the age of 60;
c
has not attained the age of 18; or
d
is —
i
required to take part in an interview; or
ii
not required to take part in an interview by virtue of —
aa
a waiver of a requirement; or
bb
a deferment of an interview,
under the Social Security (Work-focused Interviews) Regulations 2000 .
Deferment of requirment to take part in an interview
5
1
A requirement by virtue of these Regulations to take part in an interview shall not apply to a person until a date determined by an officer where he determines that an interview would not at that time be —
a
of assistance to that person; or
b
appropriate in the circumstances.
2
Except for the purpose of regulation 2, where an officer has made a decision under paragraph (1), the person to whom that decision relates shall be treated for the purposes of any claim for, or entitlement to, income support as having complied with the requirement to take part in an interview until an officer decides whether that person took part in the interview which had been deferred under paragraph (1).
Waiver
6
1
A requirement imposed by these Regulations to take part in an interview shall not apply if an officer determines that an interview would not be —
a
of assistance to the lone parent; or
b
appropriate in the circumstances.
2
A person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of —
a
regulation 2; and
b
any claim for, or entitlement to, income support,
as having complied with that requirement.
Consequence of failure to take part in an interview
7
1
Subject to paragraphs (2) and (5) and regulations 5 and 6, the consequences specified in paragraphs (3) and (4) ensue if a person does not —
a
take part in any interview when required to do so; and
b
show good cause for not taking part in an interview before the end of five working days following the day on which the interview was to take place.
2
In a case where within one month of the date on which the decision was notified to a lone parent that he failed without good cause to take part in an interview —
a
he brings new facts to the notice of an officer which could not reasonably have been brought to an officer’s notice within five working days of the day on which the interview was to take place; and
b
those facts show that he had good cause for his failure to take part in the interview
paragraph (1)(b) shall apply with the modification that for the words “five working days following” there were substituted the words “one month of”.
3
A person to whom paragraph (1) and —
a
regulation 2(1)(a) applies shall be regarded as not having made a claim for income support; or
b
regulation 2(1)(b) applies shall have his income support reduced in accordance with regulation 8.
4
Where an interview which arose in connection with a claim was deferred and benefit became payable in accordance with regulation 5(2), the person’s entitlement to income support shall terminate as from the first day of the next benefit week following the date the decision was made that the person failed without good cause to take part in an interview.
5
For the purposes of this regulation and regulation 8(1), matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include —
a
that the lone parent misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the lone parent or any misleading information given to him by an officer;
b
that the lone parent was attending a medical or dental appointment, or accompanying someone for whom he has caring responsibilities to such an appointment, and that it would be unreasonable, in the circumstances, to have rearranged that appointment;
c
that the lone parent had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which that lone parent belongs prevented him attending at the time and place for the interview notified to him by an officer;
e
that the lone parent was attending an interview with an employer with a view to obtaining employment;
f
that the lone parent was pursuing employment opportunities as a self-employed earner;
g
that a dependant of the lone parent or someone for whom the lone parent provides care suffered an accident, sudden illness or relapse of a chronic condition;
h
that the lone parent was attending a funeral of a close friend or relative on the day fixed for the interview; and
i
that a disability from which the lone parent suffers made it impracticable for him to attend at the time fixed for the interview.
6
For the avoidance of doubt, a person who is regarded as not having made a claim for income support because he failed to take part in an interview shall be required to make a new claim for income support in order to establish entitlement to that benefit.
Reduction of income support
8
1
Subject to paragraphs (2) and (3), any payment of income support which falls to be made to a person after the date on which an officer decided under these Regulations that that person had not —
a
taken part; and
b
shown good cause for not taking part,
in an interview shall be reduced as from the first day of the next benefit week following the date the decision was made, by a sum equal to 20 per cent of the amount applicable (specified in Part I of Schedule 2 to the Income Support (General) Regulations 1987 ) on the date the deduction commences in respect of a single claimant for income support aged not less than 25.
2
Payment shall not be reduced under paragraph (1) below 10 pence per week.
3
A reduction under this regulation shall cease to have effect as regards a person from whichever is the earlier of —
a
the date on which that person attains the age of 60;
b
the date on which that person ceased to be a lone parent; and
c
the first day of the benefit week in which that person meets the requirement to take part in an interview.
4
Where the rate of income support payable to a person changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence for that person following the change.
Appeals
9
1
This regulation applies to any relevant decision made under these Regulations or any decision under section 10 of the 1998 Act (decisions superseding earlier decisions) superseding such a decision.
2
This regulation applies —
a
whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions); and
b
as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.
3
In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) to an appeal tribunal.
Amendments to Regulations
10
The Social Security (Claims and Payments) Regulations 1987 , the Housing Benefit (General) Regulations 1987 , the Council Tax Benefit (General) Regulations 1992 , the Social Security (Claims and Information) Regulations 1999 and the Social Security (Work-focused Interviews) Regulations 2000 shall be amended in accordance with Schedule 2.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
18th July 2000


text:
Citation
1
This Order may be cited as the Youth Justice Board for England and Wales Order 2000 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“the 1933 Act ” means the Children and Young Persons Act 1933 ;
“the 1952 Act ” means the Prison Act 1952 ;
“the 1969 Act ” means the Children and Young Persons Act 1969 ;
“the 1980 Act ” means the Magistrates' Courts Act 1980 ;
“the 1982 Act ” means the Criminal Justice Act 1982 ;
“the 1991 Act ” means the Criminal Justice Act 1991 ;
“the 1994 Act ” means the Criminal Justice and Public Order Act 1994 ;
“the 1998 Act ” means the Crime and Disorder Act 1998.
Amendment of section 41(5) of the 1998 Act
3
In section 41(5) of the 1998 Act (functions of the Youth Justice Board) —
a
omit the word “and” at the end of paragraph (g); and
b
after paragraph (h) insert —
i
to enter into agreements for the provision of —
i
secure accommodation within the meaning of section 75(7) below for the purpose of detaining persons in respect of whom a detention and training order is made under section 73 below or an order is made under section 77(3)(a) or 78(2) below;
ii
accommodation which is or may be used for the purpose of detaining persons sentenced under section 53(1) or (3) of the 1933 Act;
iii
accommodation which is or may be used for the purpose of detaining persons dealt with under subsection (4)(c) of section 23 of the 1969 Act, as that section has effect in relation to persons described in section 98(1) below;
iv
accommodation which is or may be used for the purpose of detaining persons who are under the age of 18 when remanded in custody under section 128 of the 1980 Act;
v
accommodation which is or may be used for the purpose of detaining persons sentenced when under the age of 18 and before 1st April 2000 to detention in a young offender institution under section 1A of the 1982 Act; and
vi
accommodation which is or may be used for the purpose of detaining persons subject to secure training orders made before 1st April 2000 under section 1 of the 1994 Act;
but no agreement shall be made under this paragraph in relation to accommodation for persons who have attained the age of 18 unless it appears to the Board that it is expedient to enter into such an agreement for the operation of the youth justice system;
j
to facilitate arrangements between the Secretary of State and any person providing —
i
secure accommodation within the meaning of section 75(7) below to be used for detaining a person in accordance with a determination under section 75(1), 77(3)(a) or 78(2) below, or
ii
accommodation to be used for detaining a person in accordance with a direction by the Secretary of State under section 53(1)(a) or (3)(a) of the 1933 Act;
k
to offer assistance to local authorities in discharging their duty under section 61 of the 1991 Act, whether by acting as the agent of a local authority or facilitating arrangements under section 61(2), or otherwise; and
l
annually —
i
to assess future demand for secure accommodation for remanded and sentenced children and young persons,
ii
to prepare a plan setting out how they intend to exercise, in the following three years, the functions described in paragraphs (i) and (k) above, and any function for the time being exercisable by the Board concurrently with the Secretary of State by virtue of subsection (6)(b) below which relates to securing the provision of such accommodation, and
iii
to submit the plan to the Secretary of State for approval.
.
Functions of the Youth Justice Board for England and Wales
4
1
The following functions shall, so far as exercisable in relation to the youth justice system, be exercisable by the Youth Justice Board for England and Wales concurrently with the Secretary of State, namely —
a
the functions specified in paragraph (2);
b
the transitional functions in relation to secure training orders specified in paragraph (3); and
c
the transitional function in relation to detention in a young offender institution specified in paragraph (4).
2
The functions are —
a
making arrangements for delivery of persons sentenced under section 53 of the 1933 Act (punishment of certain grave crimes) to the place where they are to be detained;
b
the functions conferred on the Secretary of State by section 12(2) of the 1952 Act (place of confinement of prisoners);
c
the function, conferred on the Secretary of State by section 36(1) of the 1952 Act , of purchasing land by agreement;
d
the function conferred on the Secretary of State by section 43(1)(d) of the 1952 Act (provision of secure training centres);
e
the functions conferred on the Secretary of State by section 16(1) and (4) of the 1982 Act (provision of attendance centres and arrangements for use of premises);
f
the functions conferred on the Secretary of State by section 61A of the 1991 Act (local authorities: cost of secure accommodation);
g
the functions conferred on the Secretary of State by sections 80 and 81(1)(a) and (2) of the 1991 Act (escort arrangements) and any function exercisable by the Secretary of State in relation to arrangements under section 80, including the procurement of, and the making of payments under, such arrangements;
h
the functions conferred on the Secretary of State by section 89 of, and paragraphs 2, 3(2)(a) and 4 of Schedule 10 to, the 1991 Act (certification of custody officers);
i
the functions conferred on the Secretary of State by sections 7 and 11 of the 1994 Act of entering into contracts for the provision or running, or both, of secure training centres, or the performance of functions at directly managed secure training centres, and any function exercisable by the Secretary of State in relation to such contracts, including the procurement of, and the making of payments under, such contracts;
j
the functions conferred on the Secretary of State by paragraph 1 of Schedule 1 to the 1994 Act (escort arrangements), and any function exercisable by the Secretary of State in relation to arrangements under that paragraph, including the procurement of, and the making of payments under, such arrangements;
k
the functions conferred on the Secretary of State by —
i
section 8(1)(b) and (3) of the 1994 Act (secure training centre monitors);
ii
section 12(3) of, and paragraphs 2, 3(2)(a) and 4 of Schedule 2 to, that Act (certification of custody officers);
iii
section 14(1) of that Act (disclosure of information about offender);
iv
paragraph 2(1)(a) and (2) of Schedule 1 to that Act (escort monitors: appointment and reports);
l
the functions conferred on the Secretary of State by rule 7 of the Attendance Centre Rules 1995 (permitting person to be admitted to or remain in an attendance centre);
m
the function, conferred on the Secretary of State by section 75(1) of the 1998 Act, of determining in which secure accommodation a person is to serve the period of detention and training under a detention and training order;
n
the functions conferred on the Secretary of State by —
i
section 75(7)(e) of the 1998 Act (detention and training orders: secure accommodation);
ii
section 76(3) of that Act (detention and training orders: category of person to supervise offender);
iii
section 76(6) of that Act (detention and training orders: supervision notices);
iv
section 77(3) of that Act (detention and training orders: detention on breach of supervision notice);
v
section 78(2) of that Act (detention and training order: detention on conviction of offence during term of order);
o
the functions conferred on the Secretary of State by —
i
rule 18 of the Secure Training Centre Rules 1998 (approval of room to be used as sleeping accommodation in secure training centre);
ii
rule 42(1) and (2) of those Rules (authorisation of persons to view secure training centres, take photographs, make sketches and communicate with trainees);
iii
rule 45 of those Rules (giving leave to governor of secure training centre to delegate powers and duties to another officer).
3
The transitional functions relating to secure training orders are those conferred on the Secretary of State by —
a
section 2(2)(a)(i) and (ii) of the 1994 Act (directing, or arranging with other persons, the place in which and conditions on which offender to be committed following exercise of the court’s power under section 4(3)(a) to order offender to be detained on breach of supervision requirements);
b
section 2(4) of that Act (transferring offenders subject to a secure training order, and directing, or arranging with other persons, the place in which and conditions on which person to be transferred);
c
section 3(2) of that Act (designation of person to supervise offender subject to secure training order);
d
section 3(3) of that Act (determination of category of person to supervise offenders subject to secure training orders); and
e
section 3(7) of that Act (giving supervision notices to offenders subject to secure training orders),
as those provisions have effect in relation to persons who are subject to detention or supervision under a secure training order (within the meaning of section 1 of the 1994 Act) made before 1st April 2000.
4
The transitional function in relation to detention in a young offender institution is the function conferred on the Secretary of State by section 1C(2) of the 1982 Act (direction as to detention in prison or remand centre instead of in a young offender institution), as that provision has effect in relation to persons sentenced to detention in a young offender institution before 1st April 2000.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th April 2000