text:
1
This Order may be cited as the A421 Trunk Road (Marsh Leys Improvement) (Detrunking) Order 2000 and shall come into force on 19th May 2000.
2
In this Order–
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the deposited plan” means the plan folio numbered HA10/PS/235, marked “The A421 Trunk Road (Marsh Leys Improvement) (Detrunking) Order 2000”, signed by authority of the Secretary of State and deposited at the Highways Agency St Christopher House, Southwark Street, London SE1 0TE;
iii
“the new trunk road” means the new highway the Secretary of State proposes to construct referred to in The A421 Trunk Road (Marsh Leys Improvement) (Trunking) Order 2000;
iv
“the Trunk Road” means the A421 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order and shown by striped hatching on the deposited plan shall cease to be trunk road and shall be classified as principal road as from the date on which the Secretary of State notifies Bedfordshire County Council that the new trunk road is open for through traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W.S.C. Wadrup
A Divisional Director in the Highways Agency
5th April 2000


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Commission for Health Improvement (Functions) Regulations 2000 and shall come into force on 1st April 2000.
2
Subject to paragraph (3), these Regulations extend to England only.
3
This regulation and regulation 2 extend also to Wales.
4
In these Regulations —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“the Audit Commission ” means the Audit Commission for Local Authorities and the National Health Service in England and Wales ;
“clinical governance arrangements” means arrangements by an NHS body or a service provider for monitoring and improving the quality of health care for which they have responsibility or, in the case of a Primary Care Trust, which is provided by the trust’s relevant service providers;
“ the Commission ” means the Commission for Health Improvement established by section 19 of the Act;
“financial year” means the period of 12 months ending with 31st March;
“health care profession” means a profession to which section 60(2) of the Act applies;
“health care professional” means a person who is registered as a member of a health care profession;
“health service inquiry” means an inquiry, held or established by the Secretary of State, the National Assembly for Wales or an NHS body, into any matter relating to the management, provision and quality of health care for which NHS bodies or service providers have responsibility.
“investigation” means an investigation by the Commission pursuant to section 20(1)(c) of the Act or regulation 2(e);
“local review” means a review conducted by the Commission under section 20(1)(b) of the Act or regulation 2(c) or (d);
“national service review” means a review by the Commission pursuant to section 20(1)(d) of the Act;
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part II of the 1977 Act;
“personal medical services” has the meaning given in section 1(8) of the 1977 Act;
“relevant Health Authority” means —
in relation to a Primary Care Trust, the Health Authority in whose area the trust is established;
in relation to a service provider, the Health Authority in whose area that person provides services;
“relevant service provider” means, in relation to a Primary Care Trust, a service provider who provides —
general medical services under the 1977 Act; or
personal medical services in accordance with a pilot scheme under the 1997 Act,
under arrangements or an agreement with the Health Authority in whose area the trust is established, where the Authority has directed the trust under section 17A(1) of the 1977 Act to exercise any functions in relation to those arrangements or that agreement;
“service provider” means a person, other than an NHS body, who —
provides Part II services, or
provides services in accordance with a pilot scheme under the 1997 Act .
5
In these Regulations, references to health care for which a person has responsibility are to be construed in accordance with section 20(5) of the Act.
PART II
ADDITIONAL FUNCTIONS OF THE COMMISSION
Additional functions
2
The following functions are prescribed pursuant to section 20(1)(e) —
a
the function of providing advice or information with respect to the arrangements by Health Authorities, Special Health Authorities or service providers for the purpose of monitoring and improving the quality of health care for which they have responsibility;
b
the function of providing advice or information with respect to the arrangements by Primary Care Trusts for the purpose of monitoring and improving the quality of health care provided by their relevant service providers;
c
the function of conducting reviews of, and making reports on, arrangements by Health Authorities, or Special Health Authorities to which the duty in section 18 of the Act has been extended , for the purpose of monitoring and improving the quality of health care for which they have responsibility;
d
the function of conducting reviews of, and making reports on, arrangements by Primary Care Trusts for the purpose of monitoring and improving the quality of health care provided by their relevant service providers;
e
the function of carrying out investigations into, and making reports on, the management, provision or quality of health care for which Special Health Authorities have responsibility;
f
the function of providing advice with respect to the establishment and conduct of health service inquiries.
PART III
ANNUAL WORK PROGRAMME
Annual work programme
3
1
Before the beginning of each financial year the Commission must prepare a work programme setting out the activities the Commission is to undertake in that year in the exercise of its functions.
2
Each work programme shall, in relation to that year, set out —
a
any particular matters with respect to which the Commission is to provide advice or information on clinical governance arrangements;
b
proposals as to the NHS bodies in relation to which the Commission is to conduct local reviews;
c
any particular matters which the Commission is to consider or take into account when conducting a local review or a national service review; and
d
the particular types of health care which are to be the subject of any national service reviews and reports under section 20(1)(d) of the Act.
3
The work programme shall be subject to approval by the Secretary of State.
4
The work programme may be varied —
a
with the agreement of the Secretary of State; or
b
as the Secretary of State may determine.
5
Subject to the following regulations and to any directions given by the Secretary of State, the Commission shall exercise its functions in any financial year in accordance with the work programme relating to that year.
PART IV
ADVICE OR INFORMATION ON CLINICAL GOVERNANCE ARRANGEMENTS
Persons to whom advice or information to be given
4
1
The Commission shall provide advice or information on clinical governance arrangements to —
a
the Secretary of State;
b
NHS bodies; and
c
service providers.
2
The Commission shall comply with any request by the Secretary of State to provide advice or information on specified aspects of clinical governance arrangements to —
a
the Secretary of State;
b
specified NHS bodies; or
c
specified service providers.
3
The Commission may provide advice or information on clinical governance arrangements to any other person or body requesting such advice or information.
Exercise of the function of providing advice or information on clinical governance arrangements
5
In exercising its functions under section 20(1)(a) of the Act and regulation 2(a) and (b) the Commission shall take into account —
a
any guidance relating to clinical governance arrangements given by the Secretary of State or the National Institute for Clinical Excellence ;
b
any advice or guidance relating to clinical governance arrangements given by any body responsible for the regulation of a health care profession;
PART V
LOCAL REVIEWS
Effectiveness and adequacy of arrangements
6
In conducting a local review the Commission shall assess the effectiveness of the arrangements by the NHS body concerned and consider whether those arrangements are adequate.
Local review reports
7
1
Following the conclusion of a local review, the Commission shall make a report to the NHS body concerned setting out —
a
the findings and conclusions of the Commission; and
b
any recommendations made by the Commission.
2
The Commission shall publish a summary of any such report.
Special interest reports
8
1
If in the course of a local review a matter comes to the notice of the Commission which it considers should, in the public interest, be brought to the attention of —
a
any of the persons or bodies to which paragraph (2) applies; and
b
the public,
the Commission may make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the review.
2
The persons and bodies referred to in paragraph (1) are —
a
the NHS body which is the subject of the local review;
b
the Secretary of State;
c
in a case where a Primary Care Trust is the subject of a local review, the relevant Health Authority.
3
Copies of any report under paragraph (1) shall be sent to —
a
the NHS body which is the subject of the local review;
b
the Secretary of State;
c
in a case to which paragraph (2)(c) applies, the relevant Health Authority; and
d
any other NHS body or service provider or other person or body exercising statutory functions, to whom the Commission considers the report should be copied.
4
In addition to sending copies of the report to the persons referred to in paragraph (3), the Commission shall publish a summary of the report.
Further action following a local review
9
1
Following the conclusion of a local review the NHS body concerned shall, with the assistance of the Commission, prepare a written statement of the action which it proposes to take in the light of the report made by the Commission.
2
A statement prepared under paragraph (1) shall be subject to approval by —
a
in the case of a Health Authority, a Special Health Authority or an NHS trust, the Secretary of State; or
b
in the case of a Primary Care Trust, the relevant Health Authority.
3
Before deciding whether to approve a statement prepared under paragraph (1), the Secretary of State or, as the case may be, the Health Authority shall consult the Commission.
PART VI
NATIONAL SERVICE REVIEWS
National service review reports
10
1
At the conclusion of a national service review the Commission shall make a report to the Secretary of State.
2
A report under paragraph (1) shall include the findings and recommendations of the Commission.
3
The Commission shall publish a summary of any such report.
PART VII
INVESTIGATIONS
Investigations
11
1
The Commission shall carry out an investigation when requested to do so by the Secretary of State.
2
The Commission may carry out an investigation where —
a
the Commission receives a request to investigate from any person or body; or
b
it otherwise appears to the Commission to be appropriate to do so.
3
Where the Commission is carrying out an investigation at the request of the Secretary of State, it shall investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) as may be specified in the request.
4
Where the Commission is carrying out an investigation in any other case, it may investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) as it considers appropriate.
Notice of investigation
12
Where it is reasonably practicable to do so, the Commission shall provide written notification of its intention to conduct an investigation and the proposed date on which that investigation is to commence to —
a
any NHS body or service provider which is to be the subject of an investigation;
b
in the case of an investigation under regulation 12(2) concerning a Health Authority, a Special Health Authority or an NHS trust, the Secretary of State; and
c
in the case of an investigation concerning a Primary Care Trust or a service provider, the relevant Health Authority.
Conducting an investigation of a body which is the subject of a local review
13
1
If in the course of conducting a local review a matter comes to the notice of the Commission which it considers should properly be the subject of an investigation, the Commission may commence an investigation into that matter.
2
If the Commission decides to commence an investigation it shall, where reasonably practicable to do so, provide written notification of the decision and the proposed date on which the investigation is to commence to —
a
the body which is the subject of the local review;
b
in a case where the body subject to the local review is a Health Authority, a Special Health Authority or an NHS trust, the Secretary of State; and
c
in a case where the body subject to the local review is a Primary Care Trust, the relevant Health Authority.
3
Where the Commission commences such an investigation, the Commission may suspend or continue the local review and, where the local review was suspended, resume the review at any time.
Investigation reports
14
1
Following the conclusion of an investigation which has been requested by the Secretary of State the Commission shall make a report to the Secretary of State and send a copy of the report to —
a
any person or body which has been the subject of the investigation; and
b
in the case of an investigation concerning a Primary Care Trust or a service provider, the relevant Health Authority.
2
Following the conclusion of an investigation which has been requested by any other person or body the Commission shall make a report to that person or body and send a copy of the report to —
a
any person or body which has been the subject of the investigation;
b
the Secretary of State; and
c
in the case of an investigation concerning a Primary Care Trust or a service provider, the relevant Health Authority.
3
Following the conclusion of an investigation in any other case, the Commission shall make a report to the person or body which has been the subject of the investigation and shall send a copy of the report to —
a
the Secretary of State; and
b
in the case of an investigation concerning a Primary Care Trust or a service provider, the relevant Health Authority.
4
A report made under paragraphs (1), (2) or (3) shall set out —
a
the findings and conclusions of the Commission;
b
any recommendations made by the Commission.
5
The Commission shall publish a summary of any such report.
Special interest reports
15
1
If in the course of an investigation a matter comes to the notice of the Commission which it considers should, in the public interest, be brought to the attention of —
a
any of the persons or bodies to which paragraph (2) applies; and
b
the public,
the Commission may make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the investigation.
2
The persons and bodies referred to in paragraph (1) are —
a
any NHS body or service provider which is the subject of the investigation;
b
the Secretary of State;
c
in a case where a Primary Care Trust or a service provider is the subject of an investigation, the relevant Health Authority.
3
Copies of any report under paragraph (1) shall be sent to —
a
any NHS body or service provider which is the subject of the investigation;
b
the Secretary of State;
c
in a case to which paragraph (2)(c) applies, the relevant Health Authority; and
d
any other NHS body or service provider or other person or body exercising statutory functions, to whom the Commission considers the report should be copied.
4
In addition to sending copies of the report to the persons referred to in paragraph (3), the Commission shall publish a summary of the report.
Further action following an investigation
16
1
Following the conclusion of an investigation any NHS body concerned shall, with the assistance of the Commission, prepare a written statement of the action which it proposes to take in the light of the report made by the Commission.
2
A statement prepared under pargraph (1) shall be subject to approval by —
a
in the case of a Health Authority, a Special Health Authority or an NHS trust, the Secretary of State; or
b
in the case of a Primary Care Trust, the relevant Health Authority.
3
Before deciding whether to approve a statement prepared under paragraph (1), the Secretary of State or, as the case may be, the Health Authority shall consult the Commission.
PART VIII
RIGHTS OF ENTRY AND OBTAINING INFORMATION
Rights of entry
17
1
Subject to the following paragraphs of this regulation, persons authorised in writing by the Commission may at any reasonable time enter and inspect NHS premises for the purposes of conducting local reviews, national service reviews or investigations.
2
Each person authorised by the Commission under paragraph (1) shall be furnished with written evidence of his authority and on applying for entry to NHS premises for the purposes specified in paragraph (1) shall, if so requested by the occupier of the premises or a person acting on his behalf, produce that evidence.
3
A person authorised by the Commission under paragraph (1) shall not demand admission to NHS premises as of right unless the NHS body which owns or controls the premises has been given reasonable notice of the intended entry.
4
No person authorised by the Commission under paragraph (1) may enter any premises or part of premises used as residential accommodation for persons employed by any NHS body, without first having obtained the consent of the officers residing in such accommodation.
5
Subject to regulation 20, a person authorised by the Commission under paragraph (1) entering NHS premises under this regulation may inspect and take copies of any documents which —
a
appear to him to be necessary for the purposes of the review or investigation in question; and
b
are held on the premises by —
i
the NHS body which owns or controls the premises;
ii
a chairman, member, director or employee of that body;
iii
any other person acting on behalf of that body; or
iv
a member of a committee or sub-committee of that body.
Obtaining information and explanations
18
1
Subject to regulation 20, in conducting a local review or investigation the Commission or a person authorised by the Commission under regulation 17(1) may require a person to which paragraph (5) applies to produce any documents or information which appear to the Commission, or to the person authorised, to be necessary for the purposes of the review or investigation in question.
2
Subject to regulation 20, in conducting a local review or investigation the Commission or a person authorised by the Commission may, if it or he thinks it necessary, require a person to which paragraph (5) applies to give the Commission or, as the case may be, the person authorised an explanation of —
a
any matters which are the subject of the review or investigation; or
b
any documents or information inspected, copied or produced under paragraph (1) or regulation 17(5).
3
The Commission may, if it considers it necessary require a person required to —
a
produce documents or information under paragraph (1); or
b
give an explanation under paragraph (2)
to attend before the Commission or a person authorised by the Commission under regulation 17(1) in person to produce the documents or information or give the explanation.
4
The Commission or a person authorised under regulation 17(1) may not require a person to attend in person in accordance with paragraph (3) unless reasonable notice of the intended date of attendance has been given to that person.
5
The person referred to in paragraphs (1) and (2) are —
a
an NHS body;
b
a chairman, member, director or employee of an NHS body, or any other person acting on behalf of such a body;
c
a member of a committee or sub-committee of an NHS body;
d
a service provider;
e
an employee of a service provider, or any other person acting on behalf of such a provider;
f
a person who provides or assists in the provision of, or is a member of an employee of a person or body who provides or assists in the provision of, services under the 1977 Act, or in connection with a pilot scheme under the 1997 Act, in accordance with a contract made with an NHS body, a service provider or a person to which sub-paragraph (g) applies;
g
a local authority which provides, or a person employed by local authority to provide, services under the 1977 Act, or in connection with a pilot scheme under the 1997 Act, in accordance with arrangements made by virtue of section 31(1) of the Act.
Information held by means of a computer or in any other electronic form
19
1
In this regulation and in regulations 17 and 18, any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
2
Where the Commission or a person authorised under regulation 17(1) is exercising —
a
the right under regulation 17(5) to inspect and take copies of documents; or
b
the right under regulation 18(1) to require any person to produce documents,
and such documents consist of information held by means of a computer or in any other electronic form, the Commission or the person authorised may require any person having charge of, or otherwise concerned with the operation of, the computer or other electronic device holding that information to make that information available, or produce that information, in a visible and legible form.
Restrictions on disclosure of information to the Commission
20
1
The Commission or a person authorised under regulation 17(1) shall not inspect or take copies of documents under regulation 17(5) to the extent that —
a
those documents consist of confidential information which relates to and identifies a living individual, unless one or more of the conditions specified in paragraph (3) applies; or
b
the inspection or copying of those documents involves the disclosure of information if that disclosure is prohibited by or under any enactment, unless paragraph (4) applies.
2
A person shall not be required to produce documents or information under regulation 18(1) or give an explanation under regulation 18(2) to the extent that the production of those documents or that information or the giving of that explanation discloses information —
a
which is confidential and which relates to and identifies a living individual, unless one or more of the conditions specified in paragraph (3) applies; or
b
the disclosure of which is prohibited by or under any enactment, unless paragraph (4) applies.
3
The conditions referred to in paragraphs (1)(a) and (2)(a) are —
a
the information is disclosed in a form in which the identity of the individual cannot be ascertained;
b
the individual consents to the information being disclosed;
c
the individual cannot be traced despite the taking of all reasonable steps;
d
in a case where the Commission is exercising its functions under section 20(1)(c) of the Act —
i
it is not practicable to disclose the information in a form in which the identity of the individual cannot be ascertained;
ii
the Commission considers that there is a serious risk to the health or safety of patients arising out of the matters which are the subject of the investigation; and
iii
having regard to that risk and the urgency of the exercise of those functions, the Commission considers that the information should be disclosed without the consent of the individual.
4
This paragraph applies where —
a
the prohibition on the disclosure of information operates by reason of the fact that the information is capable of identifying an individual; and
b
the information in question is in a form in which the identity of the individual cannot be ascertained.
5
In a case where the disclosure of information is prohibited by —
a
paragraph (1); or
b
paragraph (2) and the prohibition operates by reason of the fact that the information is capable of identifying an individual,
the Commission or a person authorised by the Commission under regulation 18(1) may require the person holding the information to put the information in a form in which the identity of the individual concerned cannot be identified, in order that the information may be disclosed.
PART IX
MISCELLANEOUS
Assisting the Audit Commission
21
The Commission may not assist the Audit Commission under section 21(2) of the Act without the consent of the Secretary of State.
Exercising functions in relation to health service inquiries
22
1
The Commission shall not exercise its functions under regulation 2(1)(f) and (g) in relation to a particular inquiry or proposed inquiry without the consent of the Secretary of State.
2
In exercising its functions under regulation 2(1)(f) and (g) the Commission shall take into account any advice or guidance relating to health service inquiries given to NHS bodies by the Secretary of State.
Signed by Authority of the Secretary of State
John Denham
Minister of State,
Department of Health
9th March 2000


text:
PART I
Preliminary
Citation, commencement and extent
1
These Regulations may be cited as the Public Service Vehicles Accessibility Regulations 2000 and shall come into force on 30th August 2000.
Interpretation
2
1
In these Regulations —
“the 1970 Directive ” means Council Directive 70/156/ EEC of 6 February 1970 on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers , as last amended by Commission Directive 98/14/ EC of 6 February 1998 ;
“the 1981 Regulations ” means the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 ;
“accessibility certificate” means a certificate issued by a vehicle examiner in accordance with Part III;
“bus” means a public service vehicle designed and constructed for the carriage of both seated and standing passengers which is of category M 2 or M 3 (as defined in Annex II (A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;
“coach” means a public service vehicle designed and constructed for the carriage of seated passengers only which is of category M2 or M3 (as defined in Annex II(A) to the 1970 Directive) and has a capacity exceeding 22 passengers, in addition to the driver;
“conformity certificate” means a certificate issued by a vehicle examiner in accordance with Part VI;
“declaration of conformity” means a declaration made by an authorised person in accordance with Part V;
“double-deck”, in relation to a bus or coach, means that the spaces provided for the passengers are arranged (at least in one part) on two superimposed levels and that space for standing passengers is not provided on the upper deck;
“ EEA State ” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993 ;
“local service” has the same meaning as in section 2 of the Transport Act 1985 ;
“motor vehicle” has the same meaning as in Annex II(A) to the 1970 Directive;
“regulated public service vehicle” means any public service vehicle to which these Regulations apply in accordance with regulation 3(1);
“scheduled service” means a service, using one or more public service vehicles, for the carriage of passengers at separate fares —
along specified routes,
at specified times, and
with passengers being taken up and set down at pre-determined stopping points,
but does not include a tour service;
“seated passengers” means the number of seated passengers that a vehicle may carry in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984 ;
“standing passengers” means the number of standing passengers that a vehicle may carry in accordance with the Public Service Vehicles (Carrying Capacity) Regulations 1984;
“tour service” means a service where a public service vehicle is used for or in conjunction with the carriage of passengers to a particular location, or particular locations, and back to their point of departure;
“type vehicle approval” means an approval given by the Secretary of State in accordance with Part IV;
“weight” means design weight as defined in regulation 3(2) of the Road Vehicles (Construction and Use) Regulations 1986 and the words “weighs” and “weighing” shall be construed accordingly;
And other expressions used in Schedules 1 to 3 have the meanings given to them respectively in paragraph 1 of those Schedules.
2
For the purpose of these Regulations, the date on which a regulated public service vehicle is “first used” shall be taken to be such date as is the earlier of the relevant dates mentioned below applicable to that vehicle, that is to say —
a
in the case of a vehicle registered under the Roads Act 1920 , the Vehicles (Excise) Act 1949 , the Vehicles (Excise) Act 1962 , the Vehicles (Excise) Act 1971 or the Vehicle Excise and Registration Act 1994 , the relevant date is the date on which it was first so registered; and
b
in each of the following cases:
i
a vehicle which is being or has been used under a trade licence within the meaning of section 11(1) of the Vehicle Excise and Registration Act 1994 (otherwise than for the purposes of demonstration or testing or of being delivered from premises of the manufacturer by whom it was made, or of a distributor of vehicles or dealer in vehicles, to premises of a distributor of vehicles, dealer in vehicles or purchaser thereof or to premises of a person obtaining possession thereof under a hiring agreement or hire purchase agreement);
ii
a vehicle belonging, or which has belonged, to the Crown which is or was used or appropriated for use for naval, military or air force purposes;
iii
a vehicle belonging, or which has belonged, to a visiting force or a headquarters or defence organisation to which (in each case) the Visiting Forces and International Headquarters (Application of Law) Order 1965 applies;
iv
a vehicle which has been used on roads outside Great Britain and which has been imported into Great Britain; and
v
a vehicle which has been used otherwise than on roads after being sold or supplied by retail and before being registered;
the relevant date is the date of manufacture of the vehicle.
In case (v) above, “sold or supplied by retail” means sold or supplied otherwise than to a person acquiring the vehicle solely for the purpose of resale or re-supply for valuable consideration.
PART II
Application of Regulations, Exemptions and Recognition
Application
3
1
These Regulations apply to public service vehicles of the types described respectively in paragraphs (2) to (7) (a “regulated public service vehicle”) in the manner and to the extent set out in this Part.
2
A single-deck bus which weighs more than 7.5 tonnes and is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a single-deck bus which —
a
is first used before that date; or
b
is manufactured before 1st October 2000,
shall not require any certificate relating to Schedules 1 and 2 until 1st January 2016.
3
A single-deck bus which weighs 7.5 tonnes or less and is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedule 2, except that a single-deck bus which —
a
is first used before that date; or
b
is manufactured before 1st October 2000,
shall not require a certificate relating to Schedule 2 until 1st January 2015.
4
Without prejudice to paragraph (3), a single-deck bus which weighs 7.5 tonnes or less and is in use on or after 1st January 2005 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck bus which —
a
is first used before that date; or
b
is manufactured before 1st October 2004,
shall not require a certificate relating to Schedule 1 until 1st January 2015.
5
A double-deck bus which is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedules 1 and 2, except that a double-deck bus which —
a
is first used before that date; or
b
is manufactured before 1st October 2000,
shall not require any certificate relating to Schedules 1 and 2 until 1st January 2017.
6
A single-deck or double-deck coach which is in use on or after 31st December 2000 shall require a certificate referred to in paragraph (8) relating to Schedule 3, except that a single-deck or double-deck coach which —
a
is first used before that date; or
b
is manufactured before 1st October 2000,
shall not require a certificate relating to Schedule 3 until 1st January 2020.
7
Without prejudice to paragraph (6), a single-deck or double-deck coach which is in use on or after 1st January 2005 shall require a certificate referred to in paragraph (8) relating to Schedule 1, except that a single-deck or double-deck coach which —
a
is first used before that date; or
b
is manufactured before 1st October 2004,
shall not require a certificate relating to Schedule 1 until 1st January 2020.
8
The certificates referred to in paragraphs (2) to (7) are the certificates (and any other associated approval and declaration) issued in accordance with Parts III to VI and which, when so issued, signify the compliance and conformity of the vehicle concerned with the Schedules specified respectively in those paragraphs.
9
In paragraphs (2) to (7) —
a
“first used” is to be construed in accordance with regulation 2(2); and
b
references to a vehicle being “used” or “in use” means the regulated public service vehicle is being used to provide either a local service or a scheduled service.
Exemptions
4
1
The requirements specified in regulation 3 do not apply to a regulated public service vehicle which is —
a
an off-road vehicle within the meaning of paragraph 4 of Annex II(A) to the 1970 Directive;
b
used in accordance with section 19 of the Transport Act 1985 ;
c
used for the secure transport of persons (including prisoners);
d
specifically designed for the carriage of injured or sick persons;
e
used by or for purposes of a Minister of the Crown or government department or in the service of a visiting force or headquarters; or
f
a vehicle in respect of which twenty years have elapsed since the date of its first use on a road and which is not used to provide a local service or a scheduled service for more than 20 days in any calendar year.
2
The requirements of the Schedules specified below shall not come into effect in relation to any regulated public service vehicle to which those Schedules may apply until 1 January 2003; and, accordingly, any certificate, approval or declaration issued, given or made in accordance with Parts III to VI shall be valid notwithstanding that the vehicle does not comply with those requirements.
The requirements are those specified in —
paragraph 5(3)(b) to (e) of Schedule 1 (boarding lifts and ramps); and
paragraphs 7(3)(c) and 4(c) of Schedule 3 (to the extent that they apply to a route number display and destination display fitted in accordance with paragraph 7(1)(b) of that Schedule).
Recognition of EEA equivalent requirements
5
Where there is produced to the Secretary of State evidence that satisfies him that a regulated public service vehicle has been found by the competent authority of another EEA State to conform with requirements that are equivalent to all, or some of the requirements prescribed for that vehicle under these Regulations, that vehicle shall, by virtue of that evidence, be regarded as conforming with those (and only those) requirements for the purposes of these Regulations.
PART III
Accessibility Certificates
Introductory
6
This Part has effect with respect to the issue by a vehicle examiner in respect of a particular regulated public service vehicle under section 41(1)(a) of the Act of a certificate that such provisions of these Regulations as relate to that vehicle are satisifed in respect of it, and in this Part, Part VII and Schedule 4 the certificate so issued is referred to as an “accessibility certificate”.
Applications and fees for accessibility certificates
7
1
Every application for an accessibility certificate shall be made to the Secretary of State in writing.
2
The prescribed fee for an application for an accessibility certificate —
a
on the first application in respect of the vehicle —
i
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £28.00, or
ii
where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £55.00; and
b
on any subsequent application —
i
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £10.00, or
ii
where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £20.00.
Accessibility certificate
8
An accessibility certificate shall contain the information set out in Schedule 4.
PART IV
Approval of a Vehicle as a Type Vehicle
Introductory
9
This Part has effect with respect to the approval by the Secretary of State under section 42(1) of the Act of a particular regulated public service vehicle as satisfying the provisions of these Regulations, and in this Part and in Part V and Schedules 5 and 6 a vehicle which has been so approved is referred to as a “type vehicle” and an approval so given (which may be in such form as the Secretary of State may determine) is referred to as a “type vehicle approval”.
Applications for type vehicle approval
10
1
Every application for the approval of a vehicle as a type vehicle shall be made to the Secretary of State in writing.
2
Where the applicant represents that the vehicle in respect of which the application is made —
a
conforms substantially to a vehicle already approved as a type vehicle, or
b
has a chassis which conforms to the chassis of a vehicle which has already been approved as a type vehicle, or
c
has a body which conforms to the body of a vehicle which has already been approved as a type vehicle,
the application may, with the approval of the Secretary of State, be made by way of reference to such type vehicle.
3
Where the applicant represents that the vehicle in respect of which the application is made has a chassis and a body which have formed parts of different vehicles which have already been approved as type vehicles, the application may, with the approval of the Secretary of State, be made by way of reference to such type vehicles.
4
Every application mentioned in paragraphs (1) to (3) shall be accompanied by two sets of such working drawings and such detailed specifications and calculations as the Secretary of State may require, and the applicant shall, in respect of every such application, give the Secretary of State the facility to inspect and test the vehicle.
Copies of drawings and specifications
11
On being given a type vehicle approval, the person who applied for it shall supply to the Secretary of State such number of copies of the relevant working drawings, specifications and calculations as the Secretary of State may require.
Fees for approval as a type vehicle
12
1
The prescribed fees for the approval of a vehicle as a type vehicle are as follows.
2
Subject to paragraphs (3) and (4), for an application made on the basis of a representation under each of sub-paragraphs (a) to (c) of regulation 10(2), the prescribed fee —
a
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £160.00, or
b
where a regulated public service vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £320.00.
3
This paragraph applies where —
a
an approval is given pursuant to an application made on the basis of a representation only under sub-paragraph (a) of regulation 10(2); and
b
the Secretary of State is satisfied that the vehicle in respect of which the application is made conforms (except in unimportant details) to a vehicle already approved as a type vehicle; and
c
no inspection of the vehicle is made.
4
Where paragraph (3) applies, the prescribed fee —
a
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £15.00, or
b
where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £30.00.
5
For an approval given pursuant to an application under regulation 10(3), the prescribed fee —
a
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £79.00, or
b
where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £158.00.
6
In any other case, the prescribed fee —
a
where the vehicle is required to comply with only one of Schedules 1, 2 or 3, is £350.00, or
b
where the vehicle is required to comply with either Schedules 1 and 2, or Schedules 1 and 3, is £690.00.
7
Where approval is refused, the Secretary of State may retain such portion of any fee as he considers appropriate for the work he has carried out inspecting the vehicle concerned.
PART V
Declarations of Conformity to a Type Vehicle
Introductory
13
This Part applies with respect to the making by an authorised person (being a person authorised by the Secretary of State for the purposes of section 42(3) of the Act) of a declaration under that section that a particular regulated public service vehicle conforms in design, construction and equipment with a type vehicle, and in this Part and in Schedule 5 a declaration so made is referred to as a “declaration of conformity”.
Form of declaration of conformity
14
A declaration of conformity shall be made in the form set out in Schedule 5.
PART VI
Conformity Certificates
Introductory
15
This Part has effect with respect to the issue by a vehicle examiner of a certificate under section 42(4) of the Act that a declaration of conformity has been issued in respect of a regulated public service vehicle, and a certificate so issued is referred to in this Part and in Part VII and Schedule 6 as a “conformity certificate”.
Form of conformity certificate
16
A conformity certificate shall be issued in the form set out in Schedule 6.
Fee for conformity certificate
17
The prescribed fee for a conformity certificate is £15.00.
PART VII
Miscellaneous
Issue of duplicate documentation
18
1
If an accessibility certificate or a conformity certificate has been lost or destroyed, the owner of the vehicle to which it relates shall forthwith notify the Secretary of State and the Secretary of State, if satisfied that the certificate has been lost or destroyed, may issue a copy of the certificate marked as a duplicate.
2
If a certificate referred to in paragraph (1) subsequently comes into the possession of the owner of the vehicle he shall forthwith return it to the Secretary of State.
3
If an accessibility certificate or a conformity certificate becomes defaced or illegible, the owner of the vehicle to which it relates shall return it to the Secretary of State and the Secretary of State may issue a copy of the certificate marked as a duplicate.
4
A copy of a certificate issued and marked as a duplicate in accordance with paragraph (1) or (3) shall have the same effect as the original certificate.
5
The prescribed fee for the issue of a copy of a certificate under this regulation is £10.00.
Reviews and appeals
19
1
This regulation applies where the Secretary of State refuses to issue a type vehicle approval under section 42(1) of the Act and where a vehicle examiner refuses to issue an accessibility certificate under section 41(1)(a) of the Act or a conformity certificate under section 42(4) of the Act.
2
Every request for a review made under section 44(1)(b) of the Act —
a
shall be made in writing to the Secretary of State; and
b
shall be accompanied by a statement of the grounds of the review.
3
For the purposes of section 44(1)(b) of the Act, the prescribed time for requesting a review or for making an appeal is 28 days from the date when the Secretary of State refuses an application for the approval of a vehicle under section 42(1) of the Act.
4
Every appeal under section 44(3) of the Act —
a
shall be made in writing to the Secretary of State; and
b
shall be accompanied by a statement of the grounds of the appeal.
5
For the purposes of section 44(4) of the Act, the prescribed period for making an appeal is 28 days from the date when a vehicle examiner refuses to issue an accessibility certificate or a conformity certificate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th July 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security Contributions (Intermediaries) Regulations 2000 and shall come into force on 6th April 2000.
2
These Regulations have effect for the tax year 2000–01 and subsequent years and apply in relation to services performed, or to be performed, on or after 6th April 2000.
3
Payments or other benefits in respect of such services received before that date shall be treated as if received in the tax year 2000–01.
Interpretation
2
1
In these Regulations unless the context otherwise requires–
“arrangements” means the arrangements referred to in regulation 6(1)(b);
“associate” has the meaning given by regulation 3;
“attributable earnings” in relation to a worker shall be construed in accordance with regulation 6(3)(a);
“the Board” means the Commissioners of Inland Revenue;
“business” shall be construed in accordance with section 4A(6) of the Contributions and Benefits Act ;
“Class 1A contributions” has the meaning given by section 10 of the Contributions and Benefits Act ;
“client” shall be construed in accordance with regulation 6(1)(a);
“company” means any body corporate or unincorporated association, but does not include a partnership;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 1979 ;
“intermediary” has the meaning given by regulation 5;
“relevant benefit” means any benefit falling within regulation 4 that is provided to the intermediary or to or on behalf of the worker under the arrangements;
“relevant payment” means any payment made to an intermediary or to or on behalf of the worker under the arrangements;
“secondary Class 1 contributions” has the meaning given by section 6 of the Contributions and Benefits Act ;
“secondary contributor” has the meaning given by section 7 of the Contributions and Benefits Act ;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“tax year” means year of assessment;
“worker” means the individual referred to in regulation 6(1)(a).
2
References in these Regulations to payments or benefits received or receivable from a partnership or unincorporated association include payments or benefits to which a person is or may be entitled in his capacity as a member of the partnership or association.
3
For the purposes of these Regulations–
a
anything done by or in relation to an associate of an intermediary is treated as done by or in relation to the intermediary, and
b
a payment or other benefit provided to a member of an individual’s family or household is treated as provided to the individual.
4
The reference in paragraph (3)(b) to an individual’s family or household shall be construed in accordance with section 168(4) of the Taxes Act.
5
For the purposes of these Regulations a man and a woman living together as husband and wife are treated as if they were married to each other.
Meaning of associate
3
1
In these Regulations “associate”–
a
in relation to an individual, has the meaning given by section 417(3) and (4) of the Taxes Act , subject to the following provisions of this regulation;
b
in relation to a company, means a person connected with the company within the meaning of section 839 of the Taxes Act ; and
c
in relation to a partnership, means any associate of a member of the partnership.
2
Where an individual has an interest in shares or obligations of the company as a beneficiary of an employee benefit trust, the trustees are not regarded as associates of his by reason only of that interest except in the following circumstances.
3
The exception is where–
a
the individual, either on his own or with one or more of his associates, or
b
any associate of his, with or without other such associates,
has been the beneficial owner of, or able (directly or through the medium of other companies or by any other indirect means) to control, more than 5 per cent. of the ordinary share capital of the company.
4
In paragraph (2) “employee benefit trust” has the same meaning as in paragraph 7 of Schedule 8 to the Taxes Act .
Meaning of benefit
4
1
For the purposes of these Regulations a “benefit” includes anything that, if received by an employee for performing the duties of an employment within Schedule E–
a
would be an emolument of the employment, or
b
would be chargeable to tax as an emolument of the employment,
or that would be such an emolument, or chargeable as such an emolument, apart from any exemption.
2
The amount of a benefit is taken to be–
a
in the case of a cash benefit, the amount received, and
b
in the case of a non-cash benefit, the cash equivalent of the benefit.
3
The cash equivalent of a non-cash benefit is taken to be whichever is the greater of–
a
the amount that would be chargeable to tax under section 19(1) of the Taxes Act if the benefit were an emolument chargeable to tax under Case I of Schedule E, and
b
the cash equivalent determined in accordance with the rules in section 596B of that Act .
4
For the purposes of these Regulations a benefit is treated as received–
a
in the case of a cash benefit, when payment is made of or on account of the benefit; and
b
in the case of an non-cash benefit, when it is used or enjoyed.
Meaning of intermediary
5
1
In these Regulations “intermediary” means any person, including a partnership or unincorporated association of which the worker is a member–
a
whose relationship with the worker in any tax year satisfies the conditions specified in paragraph (2), (6), (7) or (8), and
b
from whom the worker, or an associate of the worker–
i
receives, directly or indirectly, in that year a payment or benefit that is not chargeable to tax under Schedule E, or
ii
is entitled to receive, or in any circumstances would be entitled to receive, directly or indirectly, in that year any such payment or benefit.
2
Where the intermediary is a company the conditions are that–
a
the intermediary is not an associated company of the client, within the meaning of section 416 of the Taxes Act , by reason of the intermediary and the client both being under the control of the worker, or under the control of the worker and another person; and
b
either–
i
the worker has a material interest in the intermediary, or
ii
the payment or benefit is received or receivable by the worker directly from the intermediary, and can reasonably be taken to represent remuneration for services provided by the worker to the client.
3
A worker is treated as having a material interest in a company for the purposes of paragraph (2)(a) if–
a
the worker, alone or with one or more associates of his, or
b
an associate of the worker, with or without other such associates,
has a material interest in the company.
4
For this purpose a material interest means–
a
beneficial ownership of, or the ability to control, directly or through the medium of other companies or by any other indirect means, more than 5 per cent. of the ordinary share capital of the company; or
b
possession of, or entitlement to acquire, rights entitling the holder to receive more than 5 per cent. of any distributions that may be made by the company; or
c
where the company is a close company, possession of, or entitlement to acquire, rights that would in the event of the winding up of the company, or in any other circumstances, entitle the holder to receive more than 5 per cent. of the assets that would then be available for distribution among the participators.
In sub-paragraph (c) “close company” has the meaning given by sections 414 and 415 of the Taxes Act , and “participator” has the meaning given by section 417(1) of that Act.
5
Where the intermediary is a partnership the conditions are as follows.
6
In relation to payments or benefits received or receivable by the worker as a member of the partnership, the conditions are–
a
that the worker, alone or with one or more relatives, is entitled to 60 per cent. or more of the profits of the partnership; or
b
that most of the profits of the partnership derive from the provision of services under the arrangements–
i
to a single client, or
ii
to a single client together with an associate or associates of that client; or
c
that under the profit sharing arrangements the income of any of the partners is based on the amount of income generated by that partner by the provision of services under the arrangements.
In sub-paragraph (a) “relative” means husband or wife, parent or remoter forebear, child or remoter issue, or brother or sister.
7
In relation to payments or benefits received or receivable by the worker otherwise than as a member of the partnership, the conditions are that the payment or benefit–
a
is received or receivable by the worker directly from the intermediary, and
b
can reasonably be taken to represent remuneration for services provided by the worker to the client.
8
Where the intermediary is an individual the conditions are that the payment or benefit–
a
is received or receivable by the worker directly from the intermediary, and
b
can reasonably be taken to represent remuneration for services provided by the worker to the client.
Provision of services through intermediary
6
1
These Regulations apply where–
a
an individual (“the worker”) personally performs, or is under an obligation personally to perform, services for the purposes of a business carried on by another person (“the client”),
b
the performance of those services by the worker is carried out, not under a contract directly between the client and the worker, but under arrangements involving an intermediary, and
c
the circumstances are such that, had the arrangements taken the form of a contract between the worker and the client, the worker would be regarded for the purposes of Parts I to V of the Contributions and Benefits Act as employed in employed earner’s employment by the client.
2
Paragraph (1)(b) has effect irrespective of whether or not–
a
there exists a contract between the client and the worker, or
b
the worker is the holder of an office with the client.
3
Where these Regulations apply–
a
the worker is treated, for the purposes of Parts I to V of the Contributions and Benefits Act, and in relation to the amount deriving from relevant payments and relevant benefits that is calculated in accordance with regulation 7 (“ the worker’s attributable earnings”), as employed in employed earner’s employment by the intermediary, and
b
the intermediary, whether or not he fulfils the conditions prescribed under section 1(6)(a) of the Contributions and Benefits Act for secondary contributors, is treated for those purposes as the secondary contributor in respect of the worker’s attributable earnings,
and Parts I to V of that Act have effect accordingly.
4
Any issue whether the circumstances are such as are mentioned in paragraph (1)(c) is an issue relating to contributions that is prescribed for the purposes of section 8(1)(m) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (decision by officer of the Board).
Worker’s attributable earnings — calculation
7
1
For the purposes of regulation 6(3)(a) the amount of the worker’s attributable earnings for a tax year is calculated as follows:
Step One
Find the total amount of all payments and benefits received by the intermediary in that year under the arrangements, and reduce that amount by 5 per cent.
Step Two
Add the amount of any payments and benefits received by the worker in that year under the arrangements, otherwise than from the intermediary, that–
are not chargeable to income tax under Schedule E, and
would be so chargeable if the worker were employed by the client.
Step Three
Deduct the amount of any expenses met in that year by the intermediary that under the Taxes Act would have been deductible from the emoluments of the employment if the worker had been employed by the client and the expenses had been met by the worker out of those emoluments.
Step Four
Deduct the amount of any capital allowances in respect of expenditure incurred by the intermediary in that year that could have been claimed by the worker under section 27 of the Capital Allowances Act 1990 (plant and machinery: extension of allowances to employments etc.) if the worker had been employed by the client and had incurred the expenditure.
Step Five
Deduct any contributions made in that year for the benefit of the worker by the intermediary to a scheme approved under Chapter I or Chapter IV of Part XIV of the Taxes Act that if made by an employer for the benefit of an employee would not be chargeable to income tax as income of the employee.
This does not apply to excess contributions made and later repaid.
Step Six
Deduct the amount of secondary Class 1 contributions and Class 1A contributions paid by the intermediary for that year in respect of earnings of the worker.
Step Seven
Deduct–
the amount of any payments made by the intermediary to the worker in that year that constitute remuneration derived from the worker’s employment by that intermediary including, where the intermediary is a body corporate and the worker is a director of that body corporate, payments treated as remuneration derived from that employment by virtue of regulation 17A of the Contributions Regulations (payments to directors to be treated as earnings), but excluding payments which represent items in respect of which a deduction was made under Step Three, and
the amount of any benefits provided by the intermediary to the worker in that year, being benefits that constitute amounts of emoluments in respect of which Class 1A contributions are payable, but excluding any benefits which represent items in respect of which a deduction was made under Step Three.
If the result at this point is nil or a negative amount, there are no worker’s attributable earnings for that year.
Step Eight
Find the amount that, together with the amount of secondary Class 1 contributions payable in respect of it, is equal to the amount resulting from Step Seven (if that amount is a positive amount).
Step Nine
The result is the amount of the worker’s attributable earnings for that year.
2
Where section 559 of the Taxes Act applies (sub-contractors in the construction industry: payments to be made under deduction) the intermediary is treated for the purposes of Step One of the calculation in paragraph (1) as receiving the amount that would have been received had no deduction been made under that section.
3
For the purpose of calculating the amount of deductible expenses referred to in Step Three of the calculation in paragraph (1) it shall be assumed that all engagements of the worker under the arrangements involving the intermediary are undertaken in the course of the same employment.
4
For the purposes of this regulation any necessary apportionment shall be made on a just and reasonable basis of amounts received by the intermediary that are referable–
a
to the services of more than one worker, or
b
partly to the services of the worker and partly to other matters.
5
For the purposes of this regulation the time when payments are received by the intermediary or the worker under the arrangements shall be found in accordance with the rules contained in section 202B of the Taxes Act (receipts basis; meaning of receipt) as if the payments made were payments of emoluments, except that subsection (1)(b) of that section (the time when a person becomes entitled to payment of or on account of the emoluments) shall not apply in the period (if any) prior to actual receipt of the payment concerned.
Worker’s attributable earnings — deemed payment
8
1
The amount referred to in Step Nine of the calculation in regulation 7(1) is treated, for the purposes of Parts I to V of the Contributions and Benefits Act, as a single payment of the worker’s attributable earnings made by the intermediary on the 5th April in the tax year concerned or, as the case may be, on the date found in accordance with paragraphs (4) to (7), and those Parts of that Act shall have effect accordingly.
2
The worker’s attributable earnings shall be aggregated with any other earnings paid to the worker by the intermediary in the year concerned to or for the benefit of the worker in respect of employed earner’s employment, and the amount of earnings-related contributions payable in respect of that aggregate amount shall be assessed in accordance with the appropriate earnings period specified in regulation 6A of the Contributions Regulations (earnings period for directors), whether or not the worker is a director of a company during that year.
3
Where the intermediary is a partnership or unincorporated association, the amount referred to in Step Nine of the calculation in regulation 7(1) is treated, for the purposes of Parts I to V of the Contributions and Benefits Act, as received by the worker in his personal capacity and not as income of the partnership or association.
4
If in a tax year–
a
an amount of the worker’s attributable earnings is treated as made under paragraph (1), and
b
before the date on which the payment would be treated as made under that paragraph any relevant event (as defined below) occurs in relation to the intermediary,
that amount is treated, for the purposes of Parts I to V of the Contributions and Benefits Act, as having been made immediately before that event or, if there is more than one, immediately before the first of them.
5
Where the intermediary is a company the following are relevant events–
a
where the worker is a member of the company, his ceasing to be such a member;
b
where the worker holds an office with the company, his ceasing to hold such an office;
c
where the worker is employed by the company, his ceasing to be so employed.
6
Where the intermediary is a partnership the following are relevant events–
a
the dissolution of the partnership or the partnership ceasing to trade or a partner ceasing to act as such;
b
where the worker is employed by the partnership, his ceasing to be so employed.
7
Where the intermediary is an individual and the worker is employed by him, it is a relevant event if the worker ceases to be so employed.
8
The fact that an amount of the worker’s attributable earnings is treated as made under paragraph (1) before the end of the tax year concerned does not affect what payments and benefits are taken into account in calculating that amount.
Multiple intermediaries — general
9
1
Regulations 10 and 11 apply where in any tax year the arrangements involve more than one intermediary.
2
Except as provided by regulations 10 and 11, the provisions of these Regulations apply separately in relation to each intermediary.
Multiple intermediaries — avoidance of double-counting
10
1
This regulation applies where a payment or benefit has been made or provided, directly or indirectly, from one intermediary to another intermediary under the arrangements.
2
In that case, the amount taken into account in relation to any intermediary in Step One or Step Two of the calculation in regulation 7(1) shall be reduced to such extent as is necessary to avoid double-counting having regard to the amount so taken into account in relation to any other intermediary.
Multiple intermediaries — joint and several liability
11
1
Where the arrangements involve more than one intermediary, all the intermediaries are jointly and severally liable, subject to paragraph (3), to pay contributions in respect of the amount of the worker’s attributable earnings treated in accordance with regulation 8(1) as paid by any of them–
a
under those arrangements, or
b
under those arrangements together with other arrangements.
2
For the purposes of paragraph (1), each amount of the worker’s attributable earnings shall be aggregated, and the aggregate amount shall be treated for the purposes of regulation 8(1) as a single payment of the worker’s attributable earnings, but so that the total liability of the intermediaries to pay contributions in respect of that aggregate amount is not less than it would have been if the arrangements had involved a single intermediary and that aggregate amount had been an amount treated as paid in accordance with regulation 8(1) by a single intermediary.
3
An intermediary is not jointly and severally liable as mentioned in paragraph (1) if the intermediary has not received any payment or benefit under the arrangements concerned or under any such other arrangements as are mentioned in sub-paragraph (b) of that paragraph.
Social Security (Categorisation of Earners) Regulations 1978 — Saving
12
Nothing in these Regulations affects the operation of regulation 2 of the Social Security (Categorisation of Earners) Regulations 1978 (treatment of earners in one category of earners as falling within another category and disregard of employments) as that regulation applies to employment listed in paragraph 2 in column (A) of Part I of Schedule 1 to those Regulations (earner supplied through a third person treated as employed earner).
Greg Pope
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000
The Secretary of State for Social Security hereby concurs.
Signed by authority of the Secretary of State for Social Security
Jeff Rooker
8th March 2000
Nick Montagu
Steve Matheson
Two of the Commissioners of Inland Revenue
13th March 2000


text:
Commencement and citation
1
This order may be cited as The A501 Trunk Road (Camden, Islington and Westminster) Red Route Traffic Order 1997 Variation Order 2000, and shall come into force on 19th June 2000.
Variations
2
The A501 Trunk Road (Camden, Islington and Westminster) Red Route Traffic Order 1997 is varied by the following provisions of this Order.
3
In schedule 1 item 3 is deleted.
4
In schedule 2B item 1 is deleted and replaced with the words “No Items”.
5
In schedule 2D item 1 is deleted and replaced with the words “No Items”.
6
In schedule 2H item 1 is substituted as follows:
1. Swinton Street, the north side, from a point 10 metres southwest of a point opposite the common boundary of 45 and 47 Swinton Street eastward for a distance of 25 metres. At any time.
7
In schedule 3B items 8 and 9 are substituted as follows:
8. The eastbound slip road from Tottenham Court Road to Gower Street, the south-east side, from a point 63 metres south-west of the north-west kerbline of Gower Street and a point 50 metres south-west. 8am–7pm Monday–Saturday Inclusive 9. Gray’s Inn Road, the north and north-east side, from a point 4 metres west of the party wall of 368 and 370 Gray’s Inn Road eastward for a distance of 16.5 metres. 10am–4pm Monday–Saturday Inclusive
8
In schedule 3B, the following item is added.
14. Euston Road, the south side from a point 47 metres west of the north west corner of Judd Street, westward for a distance of 12 metres. 10am–4pm on any day
9
In schedule 4, items 18, 19 and 20 are deleted.
10
In schedule 4, items 12 and 13 are substituted as follows:
11. The eastbound slip road from Tottenham Court Road to Gower Street, the south-east side, from its junction with Tottenham Court Road to a point 113 metres south-west of the north-west kerbline of Gower Street. 12. The eastbound slip road from Tottenham Court Road to Gower Street, the south-east side, from its junction with Gower Street to a point 63 metres south-west of the north-west kerbline of Gower Street.
11
In schedule 4, item 29 is substituted as follows:
35. Swinton Street, the north side, from a point opposite the common boundary of 49 and 51 Swinton Street eastward to the common boundary of 32 and 34 Swinton Street.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
9th June 2000


text:
1
The Scheme may be cited as the M1–A1 Link (A63 Trunk Road Elongated Junction) (Connecting Roads) Scheme 2000 and shall come into force on 26th May 2000.
2
In this Scheme:
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting road” means a special road along a route described in the Schedule to this Scheme;
ii
“the Motorway” means the M1–A1 Link Road;
iii
“the plan” means the plan numbered HA16/PS/17 marked “The M1–A1 Link (A63 Trunk Road Elongated Junction) (Connecting Roads) Scheme 2000”, signed by the authority of the Secretary of State at the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR;
iv
“the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Kevin Lasbury
Divisional Director, Highways Agency
17th April 2000


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service Litigation Authority (Amendment) Regulations 2000 and shall come into force on 1st October 2000.
Amendment of Regulations
2
In the National Health Service Litigation Authority Regulations 1995 , in regulation 7 (disqualification for appointment), in paragraph (1)(e), for “a director” substitute “an executive director”.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
11th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Craven (Electoral Changes) Order 2000.
2
This article and articles 2, 3, 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 4 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Skipton to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“district” means the district of Craven;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Craven (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Craven
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen wards, which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Craven
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district exceeds one, the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Skipton
4
1
The existing wards of the parish of Skipton shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Skipton East, Skipton North, Skipton South and Skipton West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be four.
Parish of Long Preston
5
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 1999 for the parish of Long Preston shall be three years.
2
Elections of all parish councillors for the parish of Long Preston shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
Revocation
6
The District of Craven (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
22nd September 2000


text:
1
These Regulations may be cited as the Community Drivers' Hours (Tankers) (Temporary Exception) Regulations 2000 and shall come into force on 4th November 2000.
2
1
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport , until 3rd December 2000 any time spent driving a tanker to meet exceptional circumstances occasioned by the exceptional demand for fuel supplies in Great Britain, or the effects or consequences of such exceptional circumstances, shall not be taken into account for the purposes of Article 6(2) of that Regulation.
2
In relation to the driving of a tanker in the exceptional circumstances mentioned in paragraph (1) above, the said Council Regulation shall have effect as if: —
a
in Article 6, paragraph 1 first sentence, for the reference to “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted;
b
in Article 8, paragraph 3 first sentence, for the reference to “45 consecutive hours” there were substituted “24 consecutive hours” and the remainder of that paragraph were deleted.
3
In this regulation “tanker” means a road tanker, as defined in regulation 2 of the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 , which is being used for the carriage of petroleum products.
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
3rd November 2000


text:
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 2000 (Amendment) Regulations 2000 and shall come into force on 7th November 2000.
2
The Education (Mandatory Awards) Regulations 2000 shall be amended as follows.
3
In paragraph 14(1)(b) and (3) of Schedule 2 insert after the words “city college for the technology of the arts” the words “or a city academy ”.
4
In paragraph 1(1)(c) of Schedule 3 insert at the end the words “or under section 65(3) of the Further and Higher Education Act 1992 ”.
Tessa Blackstone,
Minister of State,
Department for Education and Employment
16th October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Manchester Primary Care Trust (Establishment) Amendment Order 2000 and shall come into force on 1st October 2000.
2
In this Order —
“the principal Order ” means the South Manchester Primary Care Trust (Establishment) Order 2000 .
Amendment of the principal Order
2
1
Article 8 of the principal Order shall be omitted.
2
In the Schedule to the principal Order, after the word “Brooklands,” there shall be inserted the word “Burnage,”.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
21st September 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 2000 and shall come into force on the 1st September 2000.
Abnormal Loads
2
For Parts I and II of the Table to Regulation 4 of the Dartford-Thurrock Crossing Regulations 1999 , there shall be substituted the following:
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 6.1 metres At any time £190.00 Overall length Greater than 18.75 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 18.75 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 27.4 metres At any time £190.00 Total weight of vehicle Greater than 150,000 kilograms At any time £190.00
PART II
Time of Commencement of Passage Charge
Overall Width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 6.1 metres At any time £190.00 Overall length Greater than 27.4 metres At any time £190.00 Total weight of vehicles Greater than 150,000 kilograms At any time £190.00
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
7th August 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Enfield) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Enfield 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
11th May 2000