type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2000 and shall come into force on 21st August 2000.
2
These Regulations shall apply only in relation to England and, except for regulation 3, only in relation to outturn statements prepared for the financial year beginning on 1st April 1999.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1995 Regulations ” means the Education (School Financial Statements) (Prescribed Particulars etc. ) Regulations 1995 ;
“the 1999 Regulations ” means the Financing of Maintained Schools Regulations 1999 ;
“allocation formula” means the authority ’s formula under regulation 10 of the 1999 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ DfEE number” means the reference number allocated to a school by the Department for Education and Employment;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LEA number” means the reference number allocated to an authority by the Department for Education and Employment;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
“school” means a maintained school;
“special educational needs” and “special educational provision ” have the meanings given to those expressions by section 312 of the 1996 Act;
“Standards Fund grant” means grant paid under section 484 of the 1996 Act together with the authority’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“version number” means a number which distinguishes a particular form submitted by the authority from earlier versions of that same form prepared by them.
2
In these Regulations, unless the context otherwise requires references to primary or secondary schools do not include special schools.
3
The following table shows provisions of the 1996 or 1998 Act defining or otherwise explaining expressions used in these Regulations —
financial year section 579(1) of the 1996 Act school’s budget share section 47(1) of the 1998 Act
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
Revocation and saving
3
1
The 1995 Regulations are revoked in so far as they apply to outturn statements as therein defined prepared by local education authorities in England.
2
Notwithstanding paragraph (1) above —
a
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1990 shall continue to apply to local education authorities in England in relation to a financial year beginning on or before 1st April 1992;
b
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1993 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1993;
c
the Education (School Financial Statements) (Prescribed Particulars etc.) Regulations 1994 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1994; and
d
the 1995 Regulations shall continue to apply to local education authorities in England in relation to the financial years beginning on 1st April 1995 to 1998.
Prescribed form of, and information to be contained in, outturn statements
4
1
An outturn statement for the financial year beginning on 1st April 1999 shall be prepared in three parts, and shall contain the information prescribed for the purposes of section 52(2) of the 1998 Act, as follows —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the information specified in the notes to Part 1 in Schedule 1 about how the planned expenditure specified in the authority’s budget statement for the financial year to which the outturn statement relates was actually incurred, or treated by the authority as having been incurred;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information specified in the notes to Part 2 in Schedule 2, about the authority’s planned expenditure, the expenditure actually incurred, or treated by the authority as having been incurred, and other resources allocated by the authority, for each school for the financial year to which the outturn statement relates; and
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information specified in the notes to Part 3 in Schedule 3 about the authority’s expenditure actually incurred, or treated by them as having been incurred, in the financial year to which the outturn statement relates.
2
The following information must appear at the top of each of Parts 1 to 3 of an outturn statement —
a
the financial year to which the outturn statement relates;
b
the authority’s name;
c
the authority’s LEA number;
d
the authority’s E-mail address;
e
the name of a person who can deal with queries in relation to the completed form;
f
that person’s telephone number;
g
the version number; and
h
the date that the form was completed.
3
Where a person is carrying out functions on behalf of an authority then the authority shall include information in Parts 1 to 3 of the outturn statement as if expenditure by that person in carrying out those functions were expenditure by the authority.
Prescribed manner and time of publication of outturn statements
5
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement shall be published by —
a
supplying a copy to the Secretary of State for Education and Employment in accordance with regulation 6; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
6
1
One copy of Parts 1, 2 and 3 of the outturn statement shall be supplied to the Secretary of State for Education and Employment in paper form and one copy in the form of machine readable data by E-mail or on a floppy disc provided for that purpose by the Secretary of State.
2
Any computer language or software used to supply tables must be one which the Secretary of State for Education and Employment has notified to the authority.
7
1
An outturn statement shall be published before 1st October next following the end of the financial year to which it relates.
2
An outturn statement shall be revised if the authority discover any errors.
3
A revised outturn statement shall be subject to regulations 4, 5, 6, 7(2) and 8.
8
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1 and 2 of the outturn statement.
Estelle Morris
Minister of State,
Department for Education and Employment
20th July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Superannuation (Additional Voluntary Contributions) (Amendment) Regulations 2000.
2
These Regulations shall come into force on 1st April 2000.
3
In these Regulations “the Principal Regulations ” means the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 .
Amendment of Principal Regulations
2
In regulation 2(3)–
a
there shall be inserted in the appropriate place in alphabetical order the following definition–
“Investment Linked Pension” means a pension which is linked to the performance of investments after it becomes payable and which is payable from the proceeds of an annuity policy authorised by the Secretary of State for the purposes of these Regulations and managed by an insurance company selected by him;
; and
b
for the definition of “reckonable service” there shall be substituted the following definition–
“reckonable service” has the meaning given to it in regulation D1(1)(a) of the 1997 Regulations ;
.
3
In regulation 5 at the end of paragraph (3)(c)(iii) there shall be added–
or
iv
is to be an Investment Linked Pension.
.
4
In regulation 10(1) for the words “Where a person who enters pensionable employment has during previous employment paid contributions to” there shall be substituted “Where a person in pensionable employment has paid contributions to”.
5
In regulation 12–
a
in paragraph (5) for “shall” there shall be substituted “may”;
b
at the end of paragraph (5)(d)(iii) for “and” there shall be substituted “ or”;
c
after paragraph (5)(d)(iii) there shall be added–
iv
is to be an Investment Linked Pension; and
; and
d
for paragraph (8) there shall be substituted the following paragraph–
8
Subject to paragraphs (9) and (10), if the participator has not made an election under paragraph (5) before he attains the age of 75, the Secretary of State may on or after his attaining that age realise the investments made under regulation 9(1) or 10(2) and apply the amount obtained to the purchase of a pension policy from the insurance company referred to in regulation 9 to provide such benefits as appear to him to be suitable.
.
6
In paragraph 4 of the Schedule–
a
after sub-paragraph (1) there shall be inserted the following sub-paragraph–
1A
In calculating for the purposes of this paragraph the average of the participator’s salary, where the participator has spent any of the period mentioned in paragraph 4(1) in part-time employment the salary for that period shall be the amount which it would have been if the employment had been full-time during that period.
.
b
in sub-paragraph (2) there shall be inserted after the words “In this paragraph” the words “subject to sub-paragraph (2A)”.
c
after sub-paragraph (2) there shall be inserted the following sub-paragraph–
2A
In calculating for the purposes of this paragraph the adjusted salary for a participator who has spent any of the periods mentioned in paragraph (2) in part-time employment, the salary for that period shall be the amount which it would have been if the employment had been full-time during that period.
.
7
1
In the Schedule, at the beginning of paragraph 8(1) there shall be inserted the words “Subject to paragraph 8A”.
2
After paragraph 8 of the Schedule there shall be inserted the following paragraph–
8A
Where–
a
a participator joined the Teachers' Pension Scheme under the 1989 Regulations or the 1997 Regulations on or after 1st September 1991;
b
his election under regulation 4, or, if more than one, his first election, takes effect on or after 1st April 2000; and
c
his earnings in his first year of pensionable employment do not exceed one-quarter of the permitted maximum under section 590C of the Taxes Act , the permitted amount shall be G as defined in paragraph 8.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
6th March 2000
We consent
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2000


text:
1
This Order may be cited as the General Teaching Council for England (Additional Functions) Order 2000 and shall come into force on 1st September 2000.
2
In this Order —
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to an advanced skills teacher post;
“ Council ” means the General Teaching Council for England;
“employer” in relation to a teacher includes a person who engages or makes arrangements for the engagement of that teacher to provide his services as a teacher otherwise than under a contract of employment, and “prospective employer”, “employed” and “employment” shall be construed accordingly;
“induction period” means an induction period served in accordance with regulations under section 19 of the 1998 Act ;
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ;
“the Register” means the register of teachers which the Council are required to establish and maintain in accordance with section 3 of the 1998 Act and Regulations made under section 4 of that Act, and “registration” shall be construed accordingly;
“registered teacher” means a person for the time being registered under section 3 of the 1998 Act; and
“teacher” includes any person relating to whom the Council are required by this Order to maintain records.
3
1
In addition to their other functions the Council shall maintain records relating to the categories of persons listed in Part I of the Schedule to this Order.
2
The Council shall not be required to maintain records relating to the category of persons listed in paragraph 4 of Part I of the Schedule unless such information is made available to them.
3
The records mentioned in paragraph (1) shall contain the information listed in Part II of the Schedule to this Order in so far as applicable to the person concerned.
4
The records mentioned in paragraph (1) shall be kept in electronic form whether or not they are also kept in written form.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
7th August 2000


text:
Citation and commencement
1
These Regulations may be cited as the Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 and shall come into force on 9th April 2001.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
2
1
The Social Security Benefit (Persons Abroad) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) at the appropriate places in the alphabetical order, insert —
“bereavement allowance” means an allowance referred to in section 39B of the Social Security Contributions and Benefits Act 1992 ;
“bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Contributions and Benefits Act;
“widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992 ;
.
3
In regulation 4 (modification of the Act in relation to widow’s benefit, child’s special allowance, guardian’s allowance and retirement pension) —
a
in the heading and in paragraph (1) after “widow’s benefit,”, insert “bereavement benefit,”;
b
after paragraph (2A) , add —
2B
In the case of a bereavement payment, paragraph (1) above shall apply only where —
a
the deceased spouse was in Great Britain at the time of his or her death;
b
sub-paragraph (a) above does not apply but the surviving spouse returned to Great Britain within 4 weeks of the deceased spouse’s death; or
c
the contribution conditions for widowed parent’s allowance and bereavement allowance set out in paragraph 5 of Schedule 3 to the Act or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 are satisfied in relation to the surviving spouse.
.
4
In regulation 5(3)(d) (which provides that a person’s disqualification from receiving any additional widow’s benefit shall not be affected where the widow’s husband had become entitled to a Category A retirement pension or died before the appointed date), for “if her husband”, substitute “or bereavement benefit if the deceased spouse”.
5
For regulation 5A (rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act) after “widowed mother’s allowance”, insert “, bereavement allowance, widowed parent’s allowance”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
23rd October 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (Royal Borough of Kingston upon Thames) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the royal borough of Kingston upon Thames specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2000 and shall come into force on 16th November 2000.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 5 of the principal Order
2
In article 5(4) of the principal Order, after sub-paragraph (b), there is added —
, provided that, where the entry in column 3 contains a condition to the effect that the product is to be wholly or mainly for use in a specified class of persons, the product satisfies that condition where it is sold or supplied wholly or mainly for use in persons of that class
.
Amendment of article 12C of, and Schedule 7 to, the principal Order
3
1
In article 12C of the principal Order , after paragraph (2)(c), there is inserted —
cc
where the prescription only medicine is administered by the person lawfully conducting a retail pharmacy business within the meaning of section 69, the individual who administers the medicine belongs to one of the classes of individual specified in Part III of Schedule 7 to this Order, and is designated in writing, on behalf of the body with which an arrangement has been made as referred to in paragraph (1)(a), for the purpose of the administration of prescription only medicines under the Patient Group Direction; and
.
2
In the heading of Part III of Schedule 7 to the principal Order, for “ BY WHOM SUPPLIES MAY BE MADE ” there is substituted “ BY WHOM PRESCRIPTION ONLY MEDICINES MAY BE SUPPLIED OR ADMINISTERED ”.
Amendment of Schedule 1 to the principal Order
4
In Schedule 1 to the principal Order (which specifies substances which, if included in medicinal products, make those products prescription only medicines, and exemptions from the restrictions on the sale and supply of prescription only medicines) —
a
in relation to the substance Azelastine Hydrochloride, in column 3, after “seasonal allergic rhinitis”, there is inserted “or perennial allergic rhinitis”, and for “12 years” there is substituted “5 years”;
b
in relation to the substance Domperidone, there are inserted the following entries —
in column 3 —
For the relief of post-prandial symptoms of excessive fullness, nausea, epigastric bloating and belching, occasionally accompanied by epigastric discomfort and heartburn
;
in column 4 —
10mg of Domperidone (MD)
40mg of Domperidone (MDD)
; and
in column 5 —
Container or package containing not more than 200mg of Domperidone
;
c
in relation to the substance Domperidone Maleate , in column 5, for “100mg” there is substituted “200mg”;
d
in relation to the substance Ibuprofen , in column 5, for “100g” there is substituted “50g”;
e
in relation to the substance Lodoxamide Trometamol —
i
in column 2, there is inserted “equivalent of 0.1 per cent Lodoxamide”; and
ii
in column 3, there is inserted “For the treatment of ocular signs and symptoms of allergic conjunctivitis, in adults and in children aged 4 years and over”;
f
in relation to the substance Paracetamol —
i
in column 2, in the entry numbered “(1)”, for “120mg” there is substituted “250mg”;
ii
in column 3, in the entry numbered “(1)”, there is inserted after “capsules”, “wholly or mainly”; and
iii
in column 3, in the entry numbered “(2)”, there is inserted after “capsules”, “wholly or mainly”;
g
in relation to the substance Triamcinolone Acetonide, the entries in columns 2, 3 and 5 are each numbered “(1)”, and, after those entries, there are inserted the following entries —
in column 3 —
2
In the form of a non-pressurised nasal spray, for the treatment of symptoms of seasonal allergic rhinitis in persons aged 18 years and over
;
in column 4 —
2
110mcg per nostril (MD)
110mcg per nostril (MDD)
For a maximum period of 3 months
; and
in column 5 —
2
Container or package containing not more than 3.575mg of Triamcinolone Acetonide
; and
h
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries in that column, each of the following substances —
“Cabergoline”
“Cefprozil”
“Indapamide”
“Lansoprazole”
“Lercanidipine Hydrochloride”
“Meloxicam”
“Pantoprazole Sodium”
“Penciclovir”
“Tamsulosin Hydrochloride”
“Ticlopidine Hydrochloride”
“Tiludronate Disodium”
“Toremifene”.
Amendment of Schedule 5 to the principal Order
5
In paragraph 9 of Part III of Schedule 5 to the principal Order —
a
in column 1, there is added, at the end, “or persons who are state registered paramedics”;
b
in column 2, after sub-paragraph (b), there is inserted —
bb
medicines containing the substances Ergometrine Maleate 500mcg per ml with Oxytocin 5 iu per ml, but no other active ingredient
; and
c
in column 2, in sub-paragraph (c), there is inserted, at the appropriate place in the alphabetical order of the entries in that sub-paragraph, the following entries —
“Benzylpenicillin”
“Frusemide”
“Metoclopramide”
“Morphine Sulphate”
“Streptokinase”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th October 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
26th October 2000


text:
Citation, commencement and extent
1
This Order may be cited as the Swine Fever (Movement Restriction Areas) (Amendment) Order 2000; it extends to England only, and comes into force at 5.45 p.m. on 12th September 2000.
Amendment of the Swine Fever (Movement Restriction Areas) Order 2000
2
In article 3(1) of the Swine Fever (Movement Restriction Areas) Order 2000 for the word “pigs” there shall be substituted the word “animals”.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
12th September 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Controlled Foreign Companies (Designer Rate Tax Provisions) Regulations 2000 and shall come into force on 20th December 2000.
2
These Regulations have effect in relation to any accounting period of a company resident outside the United Kingdom which begins on or after 6th October 1999.
Interpretation
2
In these Regulations “the Board” means the Commissioners of Inland Revenue.
Specified designer rate tax provisions
3
For the purposes of section 750A(1) of the Income and Corporation Taxes Act 1988 (deemed lower level of taxation: designer rate tax provisions) the following provisions are specified, being provisions which appear to the Board to be designed to enable companies to exercise significant control over the amount of tax which they pay —
a
the provisions contained in Part XVIIA (international bodies) of the Income Tax (Guernsey) Law, 1975 ;
b
Article 123B (international business companies) of the Income Tax (Jersey) Law 1961 ;
c
the provisions contained in Part 1 (International Companies) of the Isle of Man International Business Act 1994 , and the provisions contained in Part 3 (Miscellaneous and Supplemental) of that Act so far as relating to Part 1 of that Act;
d
section 41 (rates for qualifying companies) of the Gibraltar Income Tax Ordinance .
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
29th November 2000


text:
1
This Order may be cited as the Finance Act 1998, Section 96(4), (Appointed Day) Order 2000.
2
The day appointed for the purposes of section 96(2) and (3)(b) of, and Part III(21) of Schedule 27 to, the Finance Act 1998 (repeal of section 652 of the Income and Corporation Taxes Act 1988 — information about payments under personal pension scheme arrangements) is 1st October 2000.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2000


text:
Citation and commencement
1
This Order may be cited as the Insider Dealing (Securities and Regulated Markets) (Amendment) Order 2000, and shall come into force on the day after the day on which it is made.
Amendment of the 1994 Order
2
1
The Insider Dealing (Securities and Regulated Markets) Order 1994 is amended as follows.
2
In article 9, before “any market” there is inserted “(a)”, and at the end there is inserted —
b
the market known as OFEX, operated by J. P. Jenkins Limited.
.
3
In article 10, the word “and” at the end of paragraph (c) is omitted, and at the end there is inserted —
e
COREDEAL Limited;
together with the market known as OFEX, operated by J. P. Jenkins Limited.
.
4
In the Schedule —
a
after “Copenhagen Stock Exchange.” there is inserted “COREDEAL Limited.”;
b
after “Dusseldorf Stock Exchange.” there is inserted “The exchange known as EASDAQ.”;
c
“Securities Exchange of Iceland.” is omitted.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Air Passenger Duty and Other Indirect Taxes (Interest Rate) (Amendment) Regulations 2000 and shall come into force on 1st April 2000.
Amendment
2
The Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1998 shall be amended in accordance with the following regulations.
3
Regulation 2 shall be amended as follows–
a
in paragraph (1), in sub-paragraph (a) of the definition of “established rate”, for “7 per cent.” there shall be substituted “6 per cent. ”,
b
in paragraph (2)(d) for “Midland Bank p.l.c.” there shall be substituted “ HSBC Bank p.l.c.”.
4
For regulation 4 there shall be substituted–
Applicable rate of interest payable to the Commissioners of Customs and Excise in connection with excise duties, insurance premium tax, VAT , landfill tax, and customs duty
4
1
For the purposes of–
a
paragraph 7 of Schedule 6 to the Finance Act 1994 ,
b
paragraph 21 of Schedule 7 to that Act,
c
section 74 of the Value Added Tax Act 1994 ,
d
paragraph 26 of Schedule 5 to the Finance Act 1996,
e
paragraph 17 of Schedule 5 to the Finance Act 1997 , and
f
section 126 of the Finance Act 1999,
the rate applicable under section 197 shall, subject to paragraph (2) below, be 8·5 per cent. per annum.
2
Where, on any reference day after the coming into force of these Regulations, the reference rate found on that day differs from the established rate, the rate applicable under section 197 of the Finance Act 1996 for the purposes of the enactments referred to in paragraph (1) above shall, from the next operative day, be the percentage per annum determined in accordance with the formula specified in paragraph (3) below.
3
The formula specified in this paragraph is–
RR + 2.5 ,
where
RR is the reference rate referred to in paragraph (2) above.
.
5
For regulation 5 there shall be substituted–
Applicable rate of interest payable by the Commissioners of Customs and Excise in connection with air passenger duty, insurance premium tax, VAT, landfill tax, and customs duty
5
1
For the purposes of–
a
paragraph 9 of Schedule 6 to the Finance Act 1994,
b
paragraph 22 of Schedule 7 to that Act,
c
section 78 of the Value Added Tax Act 1994,
d
paragraph 29 of Schedule 5 to the Finance Act 1996, and
e
section 127 of the Finance Act 1999,
the rate applicable under section 197 of the Finance Act 1996 shall be 5 per cent. per annum.
2
Where, on a reference day after the coming into force of these Regulations, the reference rate found on that date differs from the established rate, the rate applicable under section 197 for the purposes of the enactments referred to in paragraph (1) above shall, from the next operative day, be the percentage per annum determined in accordance with the formula specified in paragraph (3) below.
3
The formula specified in this paragraph is–
RR - 1 ,
where
RR is the reference rate referred to in paragraph (2) above.
6
In Table 7 of regulation 8, for “16th October 1992” there shall be substituted “16th October 1991”.
7
After regulation 8, there shall be inserted the following–
Minimum amount of interest payable in connection with customs duty
9
Where interest charged on arrears of customs duty payable to the Commissioners of Customs and Excise is computed in accordance with section 126(2) of the Finance Act 1999 and, in any case, is less than £25 the amount of interest charged in that case is (instead of being the amount so computed) to be taken to be £25.
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Formus Communications-UK Ltd) Order 2000 and shall come into force on 21st November 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
18th October 2000


text:
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 4) Order 2000 and shall come into force at 8 p.m. on 14th September 2000.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State designates the further filling stations and depots mentioned in the list entitled “Department of Trade and Industry: Fifth List of Designated Filling Stations and Fuel Depots” published by him on 14th September 2000.
Stephen Byers
Secretary of State for Trade and Industry
14th September 2000


text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2000 and shall come into force on 31st August 2000.
Amendment of regulations
2
In each of the following provisions, for the words “stipendiary magistrate ” there shall be substituted the words “District Judge (Magistrates' Courts)” —
a
regulation 47 of the Community Charges (Administration and Enforcement) Regulations 1989 ;
b
regulation 21(2) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ;
c
regulation 53(2) of the Council Tax (Administration and Enforcement) Regulations 1992 .
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
26th July 2000


text:
Title, commencement and extent
1
These Regulations, which shall extend to England only, may be cited as the Welfare of Farmed Animals (England) Regulations 2000 and shall come into force on 14th August 2000.
Interpretation and application
2
1
In these Regulations —
“animal” means any animal (including fish, reptiles or amphibians) bred or kept for the production of food, wool, skin or fur or for other farming purposes;
“authorised person” means any person authorised by the Minister under section 6 of the Agriculture (Miscellaneous Provisions) Act 1968;
“battery cage” means an enclosed space intended for laying hens in a battery system;
“battery system” means an arrangement of cages in rows or tiers or rows and tiers;
“calf” means a bovine animal up to six months old;
“keeper” means any person responsible for or in charge of animals whether on a permanent or temporary basis;
“laying hen” means an adult hen of the species Gallus gallus which is kept for egg production;
“pig” means an animal of the porcine species of any age, kept for breeding or fattening;
“statutory welfare code” means a code for the time being issued under section 3 of the Agriculture (Miscellaneous Provisions) Act 1968; and
“zootechnical treatment” has the meaning given by Article 1(2)(c) of Directive 96/22/ EEC concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists.
2
These Regulations shall apply to animals except —
a
animals living in the wild;
b
animals whilst at, and animals solely intended for use in, competitions, shows, cultural or sporting events or activities;
c
experimental or laboratory animals; or
d
any invertebrate animals.
3
Part 1 of Schedule 6 shall have effect for the purpose of the interpretation of Schedule 6.
4
In these Regulations —
a
any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations;
b
any reference to a numbered Schedule is a reference to the Schedule to these Regulations so numbered in these Regulations;
c
any reference in a regulation or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference occurs; and
d
any reference to an instrument of the European Community is to that instrument as amended at the time these Regulations are made.
Duties on owners and keepers of animals
3
1
Owners and keepers of animals shall take all reasonable steps —
a
to ensure the welfare of the animals under their care; and
b
to ensure that the animals are not caused any unnecessary pain, suffering or injury.
2
Owners and keepers of animals (other than fish, reptiles and amphibians) shall take all reasonable steps to ensure that the conditions under which the animals are bred or kept comply with the requirements set out in Schedule 1.
3
In deciding whether the conditions under which animals are being bred or kept comply with the requirements set out in Schedule 1, the owner and keeper of the animals shall have regard to their species, and to their degree of development, adaptation and domestication, and to their physiological and ethological needs in accordance with established experience and scientific knowledge.
Additional duties on owners and keepers of laying hens kept in battery cages
4
Owners and keepers of laying hens kept in battery cages shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedule 2.
Additional duties on owners and keepers of poultry (other than laying hens kept in battery cages)
5
Owners and keepers of poultry (other than laying hens kept in battery cages) shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the birds are kept comply with the requirements set out in Schedule 3.
Additional duties on owners and keepers of calves confined for rearing and fattening
6
Owners and keepers of calves confined for rearing and fattening shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 4.
Additional duties on owners and keepers of cattle
7
Owners and keepers of cattle shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 5.
Additional duties on owners and keepers of pigs
8
Owners and keepers of pigs shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with —
a
the requirements set out in Part II of Schedule 6; and
b
the requirements set out in Parts III, IV , V or VI of Schedule 6 (as the case may be) applicable to the particular category of pig being kept.
Additional duties on owners and keepers of rabbits
9
Owners and keepers of rabbits shall ensure that, in addition to the requirements set out in Schedule 1, the conditions under which the animals are kept comply with the requirements set out in Schedule 7.
Statutory welfare codes
10
1
Any person who employs or engages a person to attend to animals shall ensure that the person attending to the animals —
a
is acquainted with the provisions of all relevant statutory welfare codes relating to the animals being attended to;
b
has access to a copy of those codes while he is attending to the animals; and
c
has received instruction and guidance on those codes.
2
Any person who keeps animals, or who causes or knowingly permits animals to be kept, shall not attend to them unless he has access to all relevant statutory welfare codes relating to the animals while he is attending to them, and is acquainted with the provisions of those codes.
Powers of an authorised person
11
Where an authorised person considers that animals are being kept in a way which is likely to cause unnecessary pain, suffering or injury, or in any other way in contravention of any provision of these Regulations, he may serve a notice on the person appearing to him to be in charge of the animals requiring that person, within the period stated in the notice, to take any action that the authorised person considers to be reasonably necessary to ensure compliance with these Regulations and the authorised person shall give his reasons for requiring that action to be taken.
Powers of entry
12
An authorised person exercising powers of entry under the Agriculture (Miscellaneous Provisions) Act 1968 for the purposes of these Regulations may take with him a representative of the European Commission acting for the purposes of —
a
Council Directive 88/166/EEC laying down minimum standards for the protection of laying hens kept in battery cages;
b
Council Directive 91/629/EEC laying down minimum standards for the protection of calves as amended by Council Directive 97/2/ EC and Commission Decision 97/182/EC ;
c
Council Directive 91/630/EEC laying down minimum standards for the protection of pigs; or
d
Council Directive 98/58/EC concerning the protection of animals kept for farming purposes;
as well as any person he takes under powers provided under section 6(3) of that Act.
Offences
13
1
A person who, without lawful authority or excuse —
a
contravenes or fails to comply with any provision of these Regulations;
b
fails to comply with a notice served under regulation 11 within the time specified in the notice;
c
makes any entry in a record, or gives any information for the purposes of these Regulations which he knows to be false in any material particular or, for those purposes, recklessly makes a statement or gives any information which is false in any material particular; or
d
causes or permits any of the above,
shall be guilty of an offence under section 2 of the Agriculture (Miscellaneous Provisions) Act 1968.
2
In any proceedings against an owner or keeper of animals for a failure to comply with regulation 3(1) or 3(2) (as read with regulation 3(3)), the owner or keeper, as the case may be, may rely on his compliance with any relevant recommendation contained in a statutory welfare code as tending to establish his compliance with the relevant regulation.
Revocations
14
The Welfare of Livestock Regulations 1994 and the Welfare of Livestock (Amendment) Regulations 1998 are hereby revoked as regards England only.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
18th July 2000


text:
1
This instrument may be cited as “The Oxfordshire County Council (Buscot Footbridge) Scheme 1999 Confirmation Instrument 2000” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 of the Highways Act 1980.
2
The Oxfordshire County Council (Buscot Footbridge) Scheme 1999 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of Oxfordshire County Council at County Hall, New Road, Oxford.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Dr R C Dobbie
Regional Director Government Office for the North East
7th February 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Cycles (Eye Protectors) (Amendment) Regulations 2000 and shall come into force on 30th June 2000.
2
The Motor Cycles (Eye Protectors) Regulations 1999 shall be amended in accordance with the following provisions of these Regulations.
Interpretation
2
In regulation 2, after the words “In these Regulations” there shall be inserted —
aa
“ ECE Regulation 22” means Regulation No. 22 set out in Addendum 21 to the UN ECE Agreement;
aaa
“ECE Regulation 22.05” means ECE Regulation 22 as amended by the 05 series of amendments and all previous amendments in force on 30th June 2000;
aaaa
“the UN ECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;
.
Prescribed types of authorised eye protector
3
1
Regulation 4(1) shall be amended as follows.
2
After subparagraph (a) there shall be inserted
aa
those which conform with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation;
.
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
6th June 2000


text:
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 2000 and shall come into force on 24th January 2000.
2
The following Orders shall be revoked.
a
The Export of Goods (Control) (Amendment No. 4) Order 1999 .
b
The Export of Goods (Control) (Amendment No. 5) Order 1999 .
3
“Indonesia” shall be removed from Schedule 3 to the Export of Goods (Control) Order 1994 .
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
19th January 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Norfolk Primary Care Trust (Establishment) Order 2000 and shall come into force on 7th July 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the West Norfolk Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the West Norfolk Primary Care Trust.
Area of the Trust
3
The Trust shall be established for the area specified in the Schedule to this Order.
Members of the Trust
4
1
The Trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the Trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the Trust;
c
2 persons appointed by the chairman of the Trust following nomination by the Executive Committee of the Trust.
Operational date of the Trust
5
The Trust’s operational date shall be 1st October 2000.
Limitations on the exercise of functions by the Trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Norfolk Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Norfolk Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the authority; and
b
officers of the authority.
4
The North West Anglia Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
28th June 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England and Wales) Regulations 2000, and shall come into force on 31st December 2000.
2
These Regulations apply to England and Wales only.
Amendment of the Producer Responsibility Obligations (Packaging Waste) Regulations 1997
2
1
The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 are amended as follows.
2
In regulation 15 (forms and fees for registration of a scheme) —
a
in paragraph (2) for the words from “B is an amount” to “£126” substitute “B is £460”;
b
in paragraph (3) for the words “B is the amount” to “the appropriate Agency” substitute “B is £460”.
3
In Schedule 2 (recovery and recycling obligations) —
a
in paragraph 4(c), for “52%”, substitute “56%”;
b
in paragraph 5(c), for “16%”, substitute “18%”.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd December 2000


text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Non-Domestic Rating (Telecommunications Apparatus) (England) Regulations 2000 and shall come into force on 1st October 2000.
Interpretation
2
In these Regulations —
“excepted apparatus” means telecommunications apparatus which is occupied by a person —
whose name is for the time being shown in a central non-domestic rating list; and
who is not the host in relation to the site on which the apparatus is situated or to which it is attached;
“host” in relation to a site means the person who has the right to receive payment in respect of the use of any part of the site by any other person who is an operator occupying telecommunications apparatus, or would have such a right if any such part were so used;
“operator” means any person licensed for the running of a telecommunications system under section 1 of the Wireless Telegraphy Act 1949 (“the 1949 Act ”) or section 7 of the Telecommunications Act 1984 (“the 1984 Act ”);
“telecommunications apparatus” includes —
telecommunications apparatus within the meaning given by Schedule 2 to the 1984 Act which is used, or designed for use, for —
wireless telegraphy within the meaning given by section 19 of the 1949 Act, or
broadcasting; and
structures in the nature of huts or other buildings (including structures forming part only of a building) used, or designed for use, solely to house apparatus within the description in paragraph (a);
together with any ancillary equipment occupied exclusively for the purposes of an operator; and
“telecommunications hereditament” means —
a site forming a hereditament occupied exclusively by telecommunications apparatus, or
a site which would constitute a single hereditament but for the occupation of the whole of it exclusively by telecommunications apparatus operated or owned by more than one operator,
and for the purposes of determining whether a hereditament is occupied exclusively by telecommunications apparatus, the presence on the site of, and of accommodation for, personnel for the sole purpose of maintaining, repairing, operating or safeguarding that apparatus shall be disregarded.
Treatment of telecommunications apparatus
3
1
This paragraph applies to telecommunications apparatus, other then excepted apparatus, which is —
a
attached to or situated in or on a telecommunications hereditament (“the principal hereditament”) and
b
so occupied or owned as to constitute (apart from this regulation) one or more hereditaments separate from the principal hereditament.
2
Telecommunications apparatus to which paragraph (1) applies and the hereditament which is the principal hereditament in relation to such apparatus shall, subject to paragraph (3), be treated as a single hereditament in the occupation or ownership of the host.
3
Paragraph (2) does not apply where a telecommunications hereditament is on or forms part of a building or structure all or any part of which is owned or occupied by the host for any purpose other than the provision of or operation of a site for telecommunications apparatus.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
7th September 2000


text:
Citation and Interpretation
1
This Order may be cited as the Road Traffic Reduction Act 1997 (Commencement) (England and Wales) Order 2000.
Commencement
2
The Road Traffic Reduction Act 1997 shall come into force, as regards to England and Wales, on 10th March 2000.
Signed by Authority of the Secretary of State.
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
9th March 2000


text:
Citation, commencement and effect
1
1
This Order may be cited as the Attorney General’s Salary Order 2000.
2
This Order shall come into force on 13th July 2000.
3
The change in salary in article 2 of this Order shall apply in respect of any period of a year beginning on or after 1st April 1999.
Attorney General’s Salary
2
For the annual amount of salary specified in Part III of Schedule 1 to the Ministerial and other Salaries Act 1975 in relation to the Attorney General there shall be substituted £87,585.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Insurance (Fees) Regulations 2000 and shall come into force on 1st April 2000.
2
The Insurance (Fees) Regulations 1999 are hereby revoked.
3
In these Regulations–
“ the Act ” means the Insurance Companies Act 1982;
“Community deposit company” means an insurance company (other than a pure reinsurer) whose head office is not in a Member State and which has made a deposit in a Member State other than the United Kingdom in accordance with section 9(1)(c) of the Act as it has effect in pursuance of section 9(2)(b) of the Act;
“gross premiums receivable” means the gross amount of premiums receivable required to be included in the documents required to be deposited under section 22(1) of the Act in relation to the financial year to which the documents relate (or, where by reason of an order made under section 68 of the Act such amounts are not required to be included, the amount which would otherwise have been required to be so included) being–
in the case of a company (other than a Community deposit company or a Swiss general insurance company) which carries on either long term business or general business but not both, premiums receivable in respect of its global business;
in the case of a company (other than a Community deposit company) which carries on both long term business and general business, the sum of premiums receivable in respect of its global long term business and its global general business;
in the case of a Community deposit company which carries on either long term business or general business but not both through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
in the case of a Community deposit company which carries on both long term business and general business through a branch in the United Kingdom, the sum of premiums receivable in respect of its United Kingdom branch long term business and United Kingdom branch general business;
in the case of a Swiss general insurance company which carries on general business through a branch in the United Kingdom, premiums receivable in respect of its United Kingdom branch business;
“group” means a body corporate together with–
all of its wholly-owned subsidiaries;
any body corporate of which it is a wholly-owned subsidiary;
all bodies corporate which are wholly-owned subsidiaries of any such body corporate as is first mentioned in (b);
“pure reinsurer” means an insurance company whose authorisation to carry on business in the United Kingdom is restricted to reinsurance;
“wholly-owned subsidiary” has the meaning given to it by section 736(2) of the Companies Act 1985 ;
“winding up” includes an analogous procedure under any jurisdiction other than that of any part of the United Kingdom.
4
Subject to regulations 5 to 8, when documents are deposited under section 22(1) of the Act the insurance company concerned shall pay to the Treasury the fee as set out in the table below, according to the amount of its gross premiums receivable for the financial year to which the documents deposited relate–
Gross premiums receivable Fee
Up to and including £500,000 £350 Over £500,000 up to and including £2,000,000 £1,200 Over £2,000,000 up to and including £5,000,000 £8,000 Over £5,000,000 up to and including £20,000,000 £20,000 Over £20,000,000 up to and including £75,000,000 £35,000 Over £75,000,000 £48,000
5
These Regulations do not apply in the case of an EC company.
6
1
Where the sum of the fees payable under regulation 4 by all the insurance companies within a group would exceed £336,000 the fee in respect of each of those insurance companies shall be abated proportionately so that the sum of the fees payable by those insurance companies is £336,000.
2
For the purposes of paragraph (1), an insurance company shall be deemed to be a member of a group at the date upon which it deposits documents in respect of a financial year in accordance with section 22(1) of the Act if it was a member of that group at the end of the financial year to which those documents relate.
7
No fee shall be payable under regulation 4 where, at the date upon which the documents are deposited under section 22(1) of the Act–
a
the insurance company is subject to the process of winding up and cannot lawfully effect any contracts of insurance; or
b
the insurance company is subject to a direction given under section 11 of the Act or section 11 of the Insurance Companies Act 1981 , or given under section 12A of the Act and confirmed by the Treasury pursuant to section 12A(6) of the Act , that it shall cease to be authorised to effect contracts of insurance (including reinsurance) of all classes for which it had been authorised under section 3 or 4 of the Act or under section 3 or 4 of the said Act of 1981; or
c
the insurance company is subject to a restriction imposed under section 68 of the Companies Act 1967 or section 13 of the Insurance Companies Amendment Act 1973 , or imposed or deemed to have been imposed under section 29 of the Insurance Companies Act 1974 which, in any of those cases and taking into account the authorisation of the company, has the result that the company is prohibited from effecting any contract of insurance (including reinsurance) in the United Kingdom.
8
These Regulations do not apply when copies of an abstract of an actuary’s report of an investigation made under section 18(1) of the Act are deposited with the Treasury unless the abstract is of a report of an investigation which is required to be made by paragraph (a) of that subsection.
9
Where a statement is deposited under section 86(1) of the Act by the Council of Lloyd’s it shall pay to the Treasury a fee of £240,000.
10
For the purposes of section 94A(6) of the Act, the relevant functions of the Treasury in relation to insurance companies and the members of Lloyd’s are anything done for the purpose of or in connection with–
a
sections 11 to 13, Part II, sections 75 and 78, Part IIIA, Part IV and section 94A of the Act including prosecution of offences alleged to have been committed under any of those provisions or under provisions in earlier legislation which are analogous to those provisions;
b
section 98 of the Act in respect of the functions set out in paragraph (a);
c
proposals for United Kingdom or European Communities legislation relating to insurance companies or the members of Lloyd's.
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexley Primary Care Trust (Establishment) Order 2000 and shall come into force on 28th July 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph (2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Bexley Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Bexley Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st October 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Bexley and Greenwich Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Bexley and Greenwich Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Oxleas National Health Service Trust and the Queen Mary’s Sidcup National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
19th July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 2000 and shall come into force on 4th February 2000.
2
In these Regulations “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
Amendment of regulation 7 of the principal Regulations
2
In regulation 7 of the principal Regulations (removal from the medical list) omit “or” at the end of paragraph 1(b), and at the end of paragraph 1(c) insert–
;
d
has been convicted in the United Kingdom of murder; or
e
has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of at least six months,
.
Amendment of regulation 18E of the principal Regulations
3
After paragraph (1)(b) of regulation 18E (criteria for approval and nomination) insert–
bb
if the Health Authority, having considered the declaration required by paragraph 6A of Part III of Schedule 3, consider he is unsuitable;
.
Amendment of Schedule 3 to the principal Regulations
4
In paragraph 8 of Part I of Schedule 3 to the principal Regulations (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee) after “considers to be relevant” insert “, including details of the declaration made under paragraph 6A of Part III of this Schedule.”.
5
After paragraph 6 of Part III of Schedule 3 to the principal Regulations (information and undertakings to be given by a practitioner in connection with an application for nomination or approval for a practice vacancy), there shall be inserted–
6A
Declaration as to whether–
a
he has been convicted of a criminal offence, bound over or cautioned in the UK or elsewhere, or is currently the subject of any proceedings which might lead to such a conviction, order to bind over or caution;
b
he has been, or is currently, subject to any action by his professional body or by any licensing or regulatory body in the UK or elsewhere,
and if so, give details, including approximate dates, of where the action or proceedings were or are to be brought, the nature of that action or proceedings, and any outcome.
.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
3rd February 2000


text:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2000 and shall come into force on 26th June 2000.
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
2
In the regulations specified in column (1) of the Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
46(2)(a)(i) 155.00 164 46(2)(a)(ii) 124.00 131 46(2)(b)(i) 124.00 131 46(2)(b)(ii) 15.00 16 50(a) 715.00 760 67.00 71 50(b) 354.00 375 50(c) 1530.00 1625 53 14.50 15 57(5) 8.00 10
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
25th May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield Teaching Hospitals National Health Service Trust (Establishment) Order 2000 and shall come into force on 31st October 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of or Schedule 1 to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 31st October 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Sheffield Teaching Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Sheffield Teaching Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide hospital accommodation and services and community health services at or from:
a
Northern General Hospital, Herries Road, Sheffield, South Yorkshire S5 7AU;
b
Royal Hallamshire Hospital, Glossop Road, Sheffield S10 2JF;
c
Weston Park Hospital, Whitham Road, Sheffield S10 2SZ
and at or from any associated hospitals, establishments and facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of trust
4
1
The trust shall have in addition to the chairman 5 executive directors and 6 non-executive directors.
2
One of the non-executive directors shall be appointed from the University of Sheffield.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Sheffield Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
26th October 2000


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Town and Country Planning (Hearings Procedure) (England) Rules 2000.
2
These Rules shall come into force on 1st August 2000.
3
These Rules extend to England only.
Interpretation
2
In these Rules —
“document” includes a photograph, map or plan;
“hearing” means a hearing in relation to which these Rules apply;
“hearing statement” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at a hearing and copies of any documents which that person intends to refer to or put in evidence;
“inquiry” means a local inquiry in relation to which the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 or the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 apply;
“inspector” means —
in relation to a transferred appeal, a person appointed by the Secretary of State to determine an appeal;
in relation to a non-transferred appeal, a person appointed by the Secretary of State to hold a hearing or a re-opened hearing;
“land” means the land or building to which a hearing relates;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“non-transferred appeal” means an appeal which falls to be determined by the Secretary of State, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“the relevant notice” means the Secretary of State’s written notice informing the appellant and the local planning authority that a hearing is to be held;
“starting date” means the date of the —
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal; or
relevant notice,
whichever is the later;
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995 whose representations the Secretary of State is required by paragraph (3) of that article to take into account in determining the appeal to which a hearing relates; and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the appeal to which a hearing relates; and a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal; and
“transferred appeal” means an appeal which falls to be determined by a person appointed by the Secretary of State under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act .
Application of Rules
3
1
These Rules apply in relation to any hearing held in England for the purposes of a non-transferred or a transferred appeal made on or after 1st August 2000 under —
a
section 78 of the Planning Act;
b
section 20 of the Listed Buildings Act;
c
section 20 of the Listed Buildings Act as applied by section 74(3) of that Act,
but do not apply to any hearing by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 or the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000, any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of the relevant notice, forthwith inform the Secretary of State and the appellant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall, as soon as practicable thereafter, inform the appellant and the local planning authority in writing of the name and address of any statutory party who has made representations to him.
2
The local planning authority shall ensure that within 2 weeks of the starting date —
a
the Secretary of State and the appellant have received a completed questionnaire and a copy of each of the documents referred to in it;
b
any —
i
statutory party; and
ii
other person who made representations to the local planning authority about the application occasioning the appeal,
has been notified that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Notification of name of inspector
5
1
This rule applies where a hearing is to be held for the purposes of a transferred appeal.
2
Subject to paragraph (3), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the hearing.
3
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the hearing is held, the inspector holding the hearing shall, at its commencement, announce his name and the fact of his appointment.
Receipt of hearing statements etc.
6
1
The appellant and the local planning authority shall ensure that, within 6 weeks of the starting date, 2 copies of their hearing statement have been received by the Secretary of State and a copy has been received by any statutory party.
2
The Secretary of State may in writing require the appellant and the local planning authority to provide such further information about the matters contained in their hearing statement as he may specify; such information shall be provided in writing and the appellant or the local planning authority, as the case may be, shall ensure that 2 copies are received by the Secretary of State and a copy is received by any statutory party within such period as the Secretary of State may reasonably require.
3
Any statutory party, and any person who made representations to the local planning authority about the application occasioning the appeal or who was notified about the application occasioning the appeal, shall ensure that the Secretary of State has received 3 copies of any written comments they wish to make concerning the appeal within 6 weeks of the starting date.
4
The appellant and the local planning authority shall ensure that the Secretary of State has received 2 copies and any statutory party a copy of any comments the local planning authority and the appellant wish to make on —
a
each other’s hearing statement;
b
comments made pursuant to paragraph (3); and
c
comments made to them by any other person,
within 9 weeks of the starting date.
5
The Secretary of State shall send, as soon as practicable after receipt, a copy of any —
a
hearing statement received by him pursuant to paragraph (1), further information provided pursuant to paragraph (2) and any comments received pursuant to paragraph (4) from, in each case, the appellant or the local planning authority to the other of those two parties; and
b
written comments made by persons pursuant to paragraph (3), to the local planning authority and the appellant.
6
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect, and where practicable, take copies of —
a
the local planning authority’s completed questionnaire, hearing statement and any document copied to the authority under paragraph (5); and
b
further information provided by the authority under paragraph (2) and comments made by the authority under paragraph (4),
and shall specify in their hearing statement the time and place where such opportunity shall be afforded.
7
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any hearing statement, document, part of any document or written comments received by the Secretary of State within the relevant period specified for receiving such documents pursuant to paragraphs (1) to (4).
8
In the case of a non-transferred appeal, the Secretary of State, and in the case of a transferred appeal, the inspector, may in determining the appeal disregard any comments made pursuant to paragraphs (3) and (4) which are received after the relevant period specified for receipt.
Date and notification of hearing
7
1
The date fixed by the Secretary of State for the holding of a hearing shall be —
a
not later than 12 weeks after the starting date, unless he considers such a date impracticable; or
b
the earliest date after that period which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of a hearing to every person entitled to appear at the hearing.
3
The Secretary of State may vary the date fixed for the holding of a hearing, whether or not the date as varied is within the period of 12 weeks mentioned in paragraph (1); and paragragh (2) shall apply to a variation of a date as it applied to the date originally fixed.
4
The Secretary of State may vary the time or place for the holding of a hearing and shall give such notice of any variation as appears to him to be reasonable.
5
The Secretary of State may in writing require the local planning authority to take one or both of the following steps —
a
not less than 2 weeks before the date fixed for the holding of a hearing, to publish a notice of the hearing in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the hearing to such persons or classes of persons as he may specify, within such period as he may specify.
6
Every notice of hearing published or sent pursuant to paragraph (5) shall contain —
a
a clear statement of the date, time and place of the hearing and of the powers enabling the Secretary of State or inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and documents sent by and copied to the authority pursuant to rule 6 may be inspected.
Method of procedure
8
1
If either the appellant or the local planning authority at any time before or during the hearing is of the opinion that the hearings procedure is inappropriate in determining the appeal and that the appeal should not proceed in this way then they may inform the Secretary of State, before the hearing, or the inspector, during the hearing, of their opinion and the reasons for it, and —
a
the Secretary of State, before the hearing, shall, after consulting the other party who may inform the Secretary of State of his opinion pursuant to this paragraph, decide whether an inquiry should be arranged instead; or
b
the inspector, during the hearing, shall, after consulting the other party who may inform the inspector of his opinion pursuant to this paragraph, decide whether the hearing should be closed and an inquiry held instead.
2
If at any time during a hearing it appears to the inspector that the hearings procedure is inappropriate, he may, after consulting the appellant and the local planning authority, decide to close the proceedings and arrange for an inquiry to be held instead.
Appearances at hearing
9
1
The persons entitled to appear at the hearing are —
a
the appellant;
b
the local planning authority; and
c
any statutory party.
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at a hearing, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Inspector may act in place of Secretary of State in respect of transferred appeals
10
1
This rule applies where a hearing is to be held or has been held in respect of a transferred appeal.
2
An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rules 6(2), 6(5), 7 and 18; and where an inspector requires further information or copies pursuant to rules 6(2) or 18(2) that information or copies shall be sent to him.
Procedure at hearing
11
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at a hearing.
2
A hearing shall take the form of a discussion led by the inspector and cross-examination shall not be permitted unless the inspector considers that cross-examination is required to ensure a thorough examination of the main issues.
3
Where the inspector considers that cross-examination is required under paragraph (2) he shall consider, after consulting the appellant and the local planning authority, whether the hearing should be closed and an inquiry held instead.
4
At the start of the hearing the inspector shall identify what are, in his opinion, the main issues to be considered at the hearing and any matters on which he requires further explanation from any person entitled or permitted to appear.
5
Nothing in paragraph (4) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
6
A person entitled to appear at a hearing shall be entitled to call evidence but, subject to the foregoing and paragraphs (7) and (8), the calling of evidence shall otherwise be at the inspector’s discretion.
7
The inspector may refuse to permit the —
a
giving or production of evidence; or
b
presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the hearing.
8
The inspector may —
a
require any person appearing or present at a hearing who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the hearing.
9
The inspector may allow any person to alter or add to a hearing statement received under rule 6 so far as may be necessary for the purposes of the hearing; but he shall (if necessary by adjourning the hearing) give every other person entitled to appear who is appearing at the hearing an adequate opportunity of considering any fresh matter or document.
10
The inspector may proceed with a hearing in the absence of any person entitled to appear at it.
11
The inspector may take into account any written representation or evidence or any other document received by him from any person before a hearing opens or during the hearing provided that he discloses it at the hearing.
12
The inspector may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
Site inspections
12
1
Where it appears to the inspector that one or more matters would be more satisfactorily resolved by adjourning the hearing to the appeal site he may adjourn the hearing to that site and conclude the hearing there provided he is satisfied that —
a
the hearing would proceed satisfactorily and that no party would be placed at a disadvantage;
b
all parties present at the hearing would have the opportunity to attend the adjourned hearing; and
c
the local planning authority, the appellant or any statutory party has not raised reasonable objections to it being continued at the appeal site.
2
Unless the hearing is to be adjourned to the appeal site pursuant to paragraph (1), the inspector —
a
may inspect the land during the hearing or after its close; and
b
shall inspect the land if requested to do so by the appellant or the local planning authority before or during the hearing.
3
Where the inspector intends to make an inspection under paragraph (2), he shall ask the appellant and the local planning authority whether they wish to be present.
4
Where the appellant or the local planning authority have indicated that they wish to be present the inspector shall announce the date and time at which he proposes to make the inspection during the hearing and shall make the inspection in the company of–
a
the appellant and the local planning authority; and
b
at the inspector’s discretion, any other person entitled or permitted to appear at the hearing who is appearing or did appear at it.
5
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in paragraph (4) is not present at the time appointed.
Procedure after hearing — non-transferred appeals
13
1
This rule applies where a hearing has been held for the purposes of a non-transferred appeal.
2
After the close of the hearing, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
3
When making his determination the Secretary of State may disregard any written representations, evidence or other document received after the hearing has closed.
4
If, after the close of the hearing, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the hearing who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the re-opening of the hearing.
5
Those making written representations or requesting the hearing to be re-opened pursuant to paragraph (4), shall ensure that such representations or request are received by the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
6
The Secretary of State may, as he thinks fit, cause a hearing to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (4) and within the period mentioned in paragraph (5); and where a hearing is re-opened (whether by the same or a different inspector)–
a
the Secretary of State shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were references to a re-opened hearing.
Procedure after hearing — transferred appeals
14
1
This rule applies where a hearing has been held for the purposes of a transferred appeal.
2
When making his decision the inspector may disregard any written representations, or evidence or any other document received after the hearing has closed.
3
If, after the close of the hearing, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the hearing and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying persons entitled to appear at the hearing who appeared at it of the matter in question; and
b
affording them an opportunity of making written representations to him or of asking for the re-opening of the hearing,
and they shall ensure that such written representations or request to re-open the hearing are received by the Secretary of State within 3 weeks of the date of the notification.
4
An inspector may, as he thinks fit, cause a hearing to be re-opened and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3); and where a hearing is re-opened —
a
the inspector shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were references to a re-opened hearing.
Notification of decision — non-transferred appeals
15
1
This rule applies where a hearing has been held for the purposes of a non-transferred appeal.
2
The Secretary of State shall notify his decision on an appeal, and his reasons for it, in writing to —
a
all persons entitled to appear at the hearing who did appear; and
b
any other person who, having appeared at the hearing, has asked to be notified of the decision.
3
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.
4
In this rule “report” does not include any documents appended to the inspector’s report; but any person who has received a copy of the report may apply to the Secretary of State in writing for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
5
A person applying to the Secretary of State under —
a
paragraph (3) shall ensure that his application is received by the Secretary of State within 4 weeks;
b
paragraph (4) shall ensure that his application is received by the Secretary of State within 6 weeks,
of the date of the Secretary of State’s decision.
Notification of decision — transferred appeals
16
1
This rules applies where a hearing has been held for the purposes of a transferred appeal.
2
An inspector shall notify his decision on an appeal, and his reason for it, in writing to —
a
all persons entitled to appear at the hearing who did appear; and
b
any other person who, having appeared at the hearing, has asked to be notified of the decision.
3
Any person entitled to be notified of the inspector’s decision under paragraph (2) may apply to the Secretary of State in writing, for an opportunity of inspecting any documents listed in the notification and the Secretary of State shall afford him that opportunity.
4
Any person making an application under paragraph (3) shall ensure that it is received by the Secretary of State within 6 weeks of the date of the inspector’s decision.
Procedure following quashing of decision
17
1
Where a decision of the Secretary of State or an inspector on an appeal in respect of which a hearing has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the appeal;
b
shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the hearing; and
c
may, as he thinks fit, cause the hearing to be re-opened or an inquiry held instead (whether by the same or a different inspector) and if he re-opens the hearing paragraphs (2) to (6) of rule 7 shall apply as if the references to a hearing were to a re-opened hearing.
2
Those persons making representations or asking for the hearing to be re-opened under paragraph (1)(b) shall ensure that such representations or request are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Further time and additional copies
18
1
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
2
The Secretary of State may at any time before the close of a hearing request from any person entitled to appear additional copies of the following —
a
a hearing statement or comments sent in accordance with rule 6; or
b
any other document or information sent to the Secretary of State before or during a hearing,
and may specify the time within which such copies should be received by him and any person so requested shall ensure that the copies are received within the period specified.
Notices by post
19
Notices or documents required or authorised to be sent under these Rules may be sent by post.
Mayor of London
20
1
In this rule “the Mayor” means the Mayor of London.
2
Where a hearing is held into an appeal arising from an application in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications —
a
in rule 2 —
i
in the definition of “the relevant notice” after “the appellant” insert —
, the Mayor
;
ii
in sub-paragraph (a) of the definition of “starting date”, after “the appellant” insert “, the Mayor”;
b
in rule 4 —
i
in paragraph (1), after “inform the Secretary of State” and after “inform the appellant” insert “, the Mayor”;
ii
in paragraph (2)(a) after “the Secretary of State” insert “, the Mayor”;
iii
in paragraph (2)(b)(i), after “statutory party” insert “and the Mayor”;
c
in rule 6 —
i
in paragraph (1), after “The appellant” insert “, the Mayor” and for “2” substitute “3”;
ii
in paragraph (2), after both references to “the appellant” insert “, the Mayor” and for “2” substitute “3”;
iii
in paragraph (3), for “3” substitute “4”;
iv
in paragraph (4), after the first reference to “the appellant” and the second reference to “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for sub-paragraph (a) substitute
the other parties' hearing statements;
;
v
in paragraph (5)(a), after “the appellant” insert “, the Mayor” and for “of those two parties” substitute “parties required to provide such documents”;
vi
in paragraph (5)(b), after “the local planning authority” insert “, the Mayor”.
d
in rule 7(2) after “the appellant” insert “, the Mayor”;
e
in rule 8 —
i
in paragraph (1), for “If either the appellant” substitute “If the appellant, the Mayor”, for each reference to “party” substitute “parties” and for each reference to “his opinion” substitute “their opinions”;
ii
in paragraph (2), after “the appellant” insert “, the Mayor”;
f
in rule 9(1) —
i
at the end of sub-paragraph (b) delete “and”;
ii
after sub-paragraph (c) add —
and
d
the Mayor.
;
g
in rules 13(6) and 14(4), after “the appellant” insert “, the Mayor”.
3
Where a hearing is held into an appeal arising from an application which a local planning authority was required to notify to the Mayor but which is not an appeal falling within paragraph (2), these Rules shall apply as if the Mayor were a statutory party.
Irvine of Lairg, C
17th June 2000