text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Preston (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Preston;
“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 for Transport, Local Government and the Regions marked “Map of the Borough of Preston (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Preston
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two 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 the Schedule by reference to parishes or, where an area is not 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 Preston
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough 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
Of the councillors elected in 2002 for each ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest 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.
Parish of Lea
4
The number of parish councillors to be elected for the Cottam parish ward shall be five, for the Lea South parish ward shall be eight and for the Lea Town parish ward shall be one.
Revocation
5
The Borough of Preston (Electoral Arrangements) Order 1989 and the Borough of Preston (Electoral Arrangements) Order 1975 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


type: legislation

jurisdiction: UK

text:
PART I
PRELIMINARY
Citation and Commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 and come into force on 18th June 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“Authority worker” means —
a person who is or has been employed by the Authority; or
an auditor or expert instructed by the Authority;
“criminal investigation” means an investigation of any crime, including an investigation of any alleged or suspected crime and an investigation of whether a crime has been committed;
“dependent territory” means the Channel Islands, the Isle of Man and any territory outside the British Islands for whose external relations the United Kingdom is responsible;
“dependent territory regulatory authority” means an overseas regulatory authority which exercises its functions in, and in relation to, a dependent territory;
“directive restrictions” means the restrictions imposed on the disclosure of information by article 25 of the investment services directive, article 30 of the banking consolidation directive, article 15 of the third life insurance directive, article 16 of the third non-life insurance directive, article 50 of the UCITS directive and article 25 of the listing particulars directive;
“disciplinary proceedings authority” means a person responsible for initiating prescribed disciplinary proceedings or determining the outcome of such proceedings;
“ EEA competent authority” means a competent authority of an EEA state other than the United Kingdom for the purposes of any of the single market directives, the UCITS directive or the listing particulars directive;
“EEA regulatory authority” means an EEA competent authority or an overseas regulatory authority which exercises its functions in, and in relation to, an EEA State other than the United Kingdom;
“former regulated activities” means activities carried on before the coming into force of section 19 of the Act and which constitute —
investment business within the meaning of the Financial Services Act 1986 ;
deposit-taking business within the meaning of the Banking Act 1987 ;
insurance business within the meaning of the Insurance Companies Act 1982 ; or
insurance business within the meaning of the Friendly Societies Act 1992 ;
“former regulated person” means a person who, at any time before the coming into force of section 19 of the Act, was —
authorised under section 3 or 4 of the Insurance Companies Act 1982;
an authorised person within the meaning of the Financial Services Act 1986, or an appointed representative within the meaning of section 44 (appointed representatives) of that Act;
an authorised institution within the meaning of the Banking Act 1987;
a European institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 ;
a European investment firm within the meaning of the Investment Services Regulations 1995 ;
an EC company within the meaning of the Insurance Companies Act 1982 able to carry on direct insurance business through a branch in the United Kingdom, or provide insurance in the United Kingdom by virtue of paragraph 1 or 8 of Schedule 2F to that Act ;
a friendly society authorised or treated as authorised for the purposes of Part IV of the Friendly Societies Act 1992, or permitted by virtue of section 31(2) or (3) of that Act to carry on activities without authorisation under that Part; or
a building society authorised or treated as authorised for the purposes of the Building Societies Act 1986 ;
“listing particulars directive” means Council Directive 80/390/ EEC ;
“non-EEA regulatory authority” means an overseas regulatory authority other than an EEA regulatory authority or a dependent territory regulatory authority;
“overseas regulatory authority” means —
an authority in a country or territory outside the United Kingdom which exercises any function of a kind mentioned in section 195(4) of the Act; or
an overseas investment exchange or overseas clearing house;
“prescribed disciplinary proceedings” means the disciplinary proceedings prescribed in Schedule 3;
“Secretary of State worker” means —
a person who is or has been employed by the Secretary of State; or
an auditor or expert instructed by the Secretary of State;
“single market directive information” means confidential information received by the Authority in the course of discharging its functions as the competent authority under any of the single market directives;
“the UCITS directive” means Council Directive 85/611/EEC ;
“UCITS directive information” means confidential information received by the Authority in the course of discharging its functions as the competent authority under the UCITS directive.
PART II
DISCLOSURE OF CONFIDENTIAL INFORMATION GENERALLY
Disclosure by and to the Authority, the Secretary of State and the Treasury etc.
3
1
A disclosure of confidential information is permitted when it is made to any person —
a
by the Authority or an Authority worker for the purpose of enabling or assisting the person making the disclosure to discharge any public functions of the Authority or (if different) of the Authority worker;
b
by the Secretary of State or a Secretary of State worker for the purpose of enabling or assisting the person making the disclosure to discharge any public functions of the Secretary of State or (if different) of the Secretary of State worker;
c
by the Treasury for the purpose of enabling or assisting the Treasury to discharge any of their public functions.
2
A disclosure of confidential information is permitted when it is made by any primary recipient, or person obtaining the information directly or indirectly from a primary recipient, to the Authority, the Secretary of State or the Treasury for the purpose of enabling or assisting the Authority, the Secretary of State or the Treasury (as the case may be) to discharge any of its, his or their public functions.
3
Paragraphs (1) and (2) do not permit disclosure in contravention of any of the directive restrictions.
Disclosure for the purposes of criminal proceedings and investigations
4
A primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to any person —
a
for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;
b
for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere; or
c
for the purpose of initiating or bringing to an end any such investigation or proceedings, or of facilitating a determination of whether it or they should be initiated or brought to an end.
Disclosure for the purposes of certain other proceedings
5
1
Subject to paragraphs (4) and (5), a primary recipient of confidential information, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to —
a
a person mentioned in paragraph (3) for the purpose of initiating proceedings to which this regulation applies, or of facilitating a determination of whether they should be initiated; or
b
any person for the purposes of proceedings to which this regulation applies and which have been initiated, or for the purpose of bringing to an end such proceedings, or of facilitating a determination of whether they should be brought to an end.
2
A person mentioned in paragraph (3) (or a person who is employed by the Authority or the Secretary of State) is permitted to disclose confidential information to any person for a purpose mentioned in paragraph (1)(a).
3
The persons referred to in paragraphs (1)(a) and (2) are —
a
the Authority;
b
the Secretary of State; and
c
the Department of Enterprise, Trade and Investment in Northern Ireland.
4
This regulation does not permit the disclosure of information with a view to the institution of, or in connection with, proceedings of the kind referred to in paragraph (6)(e) to the extent that —
a
the information relates to an authorised person, former authorised person or former regulated person (“A”);
b
the information also relates to another person (“B”) who, to the knowledge of the primary recipient (or person obtaining confidential information directly or indirectly from him), is or has been involved in an attempt to rescue A, or A’s business, from insolvency or impending insolvency; and
c
B is not a director, controller or manager of A.
5
This regulation does not permit disclosure in contravention of any of the directive restrictions.
6
The proceedings to which this regulation applies are —
a
civil proceedings arising under or by virtue of the Act, an enactment referred to in section 338 of the Act, the Banking Act 1979 , the Friendly Societies Act 1974 , the Insurance Companies Act 1982 , the Financial Services Act 1986 , the Building Societies Act 1986 , the Banking Act 1987 , the Friendly Societies Act 1992 or the Investment Services Regulations 1995 ;
b
proceedings before the Tribunal;
c
any other civil proceedings to which the Authority is, or is proposed to be, a party;
d
proceedings under section 7 or 8 of the Company Directors Disqualification Act 1986 or article 10 or 11 of the Companies (Northern Ireland) Order 1989 in respect of a director or former director of an authorised person, former authorised person or former regulated person; or
e
proceedings under Parts I to VI or IX to X of the Insolvency Act 1986 , the Bankruptcy (Scotland) Act 1985 or Parts II to VII or IX or X of the Insolvency (Northern Ireland) Order 1989 in respect of an authorised person, former authorised person or former regulated person.
Disclosure in pursuance of a Community obligation
6
A primary recipient of confidential information, or a person receiving such information directly or indirectly from a primary recipient, is permitted to disclose such information in pursuance of a Community obligation.
Restrictions on use of confidential information
7
Where confidential information is disclosed under these Regulations to a person other than the Authority, the Secretary of State, the Treasury or the Bank of England, and the disclosure is made subject to any conditions as to the use to which the information may be put, the person to whom the information has been disclosed may not use the information in breach of any such condition, without the consent of the person who disclosed it to him.
PART III
DISCLOSURE OF SINGLE MARKET DIRECTIVE INFORMATION AND UCITS DIRECTIVE INFORMATION
Application of this Part
8
This Part applies to single market directive information and UCITS directive information.
Disclosure by the Authority or Authority workers to certain other persons
9
1
Subject to paragraphs (2) and (3), the Authority or an Authority worker is permitted to disclose information to which this Part applies to a person specified in the first column in Schedule 1 for the purpose of enabling or assisting that person to discharge any of the functions listed beside him in the second column in that Schedule.
2
Paragraph (1) does not permit disclosure to a person specified in the first column in Part 3 of Schedule 1 unless the disclosure is provided for by a cooperation agreement of the kind referred to in —
a
article 25.3 of the investment services directive;
b
article 30.3 of the banking consolidation directive;
c
article 15.3 of the third life insurance directive;
d
article 16.3 of the third non-life insurance directive, or
e
article 50.4 of the UCITS directive.
3
Paragraph (1) does not permit disclosure to a person specified in the first column in Part 4 of Schedule 1 —
a
of information obtained from an EEA competent authority, unless that authority has given its express consent to the disclosure; or
b
of information obtained in the course of an on-the-spot verification of the kind referred to in —
i
article 24 of the investment services directive,
ii
article 29 of the banking consolidation directive,
iii
article 16 of the first life insurance directive, or
iv
article 14 of the first non-life insurance directive,
unless the EEA competent authority of the state in which the on-the-spot verification was carried out has given its express consent to the disclosure.
Disclosure by Schedule 1 person
10
A person specified in the first column in Schedule 1 is permitted to disclose information to which this Part applies for the purpose of enabling or assisting him to discharge any of the functions listed beside him in that Schedule.
PART IV
DISCLOSURE OF CONFIDENTIAL INFORMATION NOT SUBJECT TO DIRECTIVE RESTRICTIONS
Application of this Part
11
This Part applies to confidential information other than —
a
single market directive information;
b
UCITS directive information; or
c
confidential information received by the Authority —
i
in the course of discharging functions conferred by Part VI of the Act on the competent authority; and
ii
from another competent authority designated for the purpose of the listing particulars directive, in the course of cooperating with that authority as provided for in article 24c.1 of that directive.
Disclosure by and to a Schedule 1 or 2 person or disciplinary proceedings authority
12
1
A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient, is permitted to disclose such information to —
a
a person specified in the first column in Schedule 1 or 2 for the purpose of enabling or assisting that person to discharge any function listed beside him in the second column in Schedule 1 or 2; or
b
a disciplinary proceedings authority for the purposes of any prescribed disciplinary proceedings which have been or may be initiated, or for the purpose of initiating or bringing to an end any such proceedings, or of facilitating a determination of whether they should be initiated or brought to an end.
2
A person specified in the first column in Schedule 1 or 2 is permitted to disclose information to which this Part applies to any person for the purpose of enabling or assisting the person making the disclosure to discharge any function listed beside him in the second column in Schedule 1 or 2.
3
A disciplinary proceedings authority is permitted to disclose information to which this Part applies to any person for any of the purposes mentioned in paragraph (1)(b).
PART V
TRANSITIONAL PROVISIONS
Interpretation
13
In this Part —
“pre-commencement information” means information which is subject to restrictions (with or without qualifications or exceptions) on disclosure by virtue of a pre-commencement provision;
“pre-commencement provision” means —
any provision in —
Schedule 2B to the Insurance Companies Act 1982 ;
Part VIII of the Financial Services Act 1986 ;
Part V of the Banking Act 1987 ; or
SRO rules;
which imposes restrictions on the disclosure of information, or creates exceptions or qualifications to such restrictions; or
regulation 48 of the Investment Services Regulations 1995 ;
“recognised self-regulating organisation” means a body which immediately before the coming into force of section 348 of the Act was a recognised self-regulating organisation within the meaning of section 8(1) of the Financial Services Act 1986, or a recognised self-regulating organisation for friendly societies within the meaning of Schedule 11 to that Act;
“SRO rules” means the rules of a recognised self-regulating organisation;
“transitional information” means information which immediately before the coming into force of section 19 of the Act was subject to restrictions on disclosure by virtue of a pre-commencement provision.
Disclosure of pre-commencement information
14
1
Before the coming into force of section 19 of the Act, each pre-commencement provision is to be treated as permitting the disclosure of pre-commencement information —
a
in accordance with regulation 3(1) as if it were confidential information;
b
to the Authority, the Secretary of State or the Treasury for the purpose referred to in regulation 3(2);
c
to any person for the purposes referred to in regulation 4; and
d
to —
i
a person mentioned in regulation 5(3) for the purpose referred to in regulation 5(1)(a); or
ii
any person for the purposes referred to in regulation 5(1)(b),
but only if the proceedings in question are of the kind referred to in regulation 5(6)(a), (b) or (c).
2
Paragraph (1) is not to be taken as —
a
precluding disclosure of pre-commencement information where that is otherwise permitted under the pre-commencement provision in question; or
b
permitting disclosure in contravention of any of the directive restrictions.
Disclosure of transitional information
15
1
After the coming into force of section 19 of the Act, sections 348, 349 and 352 of the Act apply in relation to transitional information in the same way as they apply in relation to confidential information within the meaning of section 348(2) of the Act.
2
Paragraph (1) does not apply to transitional information which —
a
has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purposes for which, disclosure is not precluded by section 348 of the Act or a pre-commencement provision; or
b
satisfies the criterion set out in section 348(4)(b) of the Act.
3
For the purposes of sections 348 and 349 of the Act as they apply by virtue of paragraph (1) —
a
a person who holds transitional information is to be treated as a primary recipient of the information if he —
i
obtained it as mentioned in paragraph 1(2) or 5(1)(a) of Schedule 2B to the Insurance Companies Act 1982 ;
ii
was a primary recipient of the information for the purposes of section 179 of the Financial Services Act 1986 ;
iii
received it as mentioned in section 82(1)(a) of the Banking Act 1987 ; or
iv
received it as mentioned in regulation 48(1) of the Investment Services Regulations 1995 ;
b
any other person who holds transitional information is to be treated as having obtained the information directly or indirectly from a primary recipient.
4
Transitional information which is subject to directive restrictions imposed by the single market directives or the UCITS directive is to be treated for the purposes of these Regulations as single market directive information or UCITS directive information respectively.
5
Part IV of these Regulations does not apply to transitional information which is subject to directive restrictions imposed by article 25.3 of the listing particulars directive.
Disclosure by recognised self-regulating organisations
16
If a recognised self-regulating organisation discloses any information to the Authority for the purpose of enabling or assisting the Authority to discharge functions corresponding to functions of the organisation, the disclosure is not to be taken as a contravention of any duty to which the organisation is subject.
Gordon Brown
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Hospitals and the Gloucestershire Partnership National Health Service Trusts (Establishment) and the East Gloucestershire National Health Service Trust, the Gloucestershire Royal National Health Service Trust and the Severn National Health Service Trust (Dissolution) Order 2001 and, subject to paragraph (2), shall come into force on 1st January 2002.
2
Article 8 shall come into force on 1st April 2002.
3
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 (c) 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 1st January 2002;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trusts” means the Gloucestershire Hospitals National Health Service Trust and the Gloucestershire Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There are hereby established two NHS trusts which shall be called respectively the Gloucestershire Hospitals National Health Service Trust and the Gloucestershire Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trusts are established for the purposes specified in section 5(1) of the Act.
2
The Gloucestershire Hospitals National Health Service Trust’s functions shall be to provide goods and services, namely hospital accommodation and services for the purposes of the health service at or from the Trust’s headquarters at Number 1, College Lawn Cheltenham, Gloucestershire and at or from any associated hospitals, establishments and facilities.
3
The Gloucestershire Partnership National Health Service Trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from the Trust’s headquarters at Rikonel, Montpellier, Gloucester and at or from any associated hospitals, establishments and facilities.
Directors of trusts
4
The trusts shall each have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trusts shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trusts shall have the functions of doing such things as are reasonably necessary to enable each of them to carry out their functions with effect from the operational date, including —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date
7
The Gloucestershire Health Authority shall discharge the liabilities of each of the trusts incurred between the establishment date and the operational date which are reasonably incurred by each of the trusts for the purpose of enabling each of them to begin to carry out each of their functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of that 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 that trust;
c
liability for the remuneration of persons employed by that trust.
Dissolution of NHS trusts
8
1
The East Gloucestershire National Health Service Trust established by the East Gloucestershire National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Gloucestershire Royal National Health Service Trust established by the Gloucestershire Royal National Health Service Trust (Establishment) Order 1992 is hereby dissolved and accordingly that Order is hereby revoked.
3
The Severn National Health Service Trust established by the Severn National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
18th December 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2001 and shall come into force —
a
for the purposes of this regulation and regulation 2 (in so far as it relates to council tax benefit), regulation 6(a) and, subject to paragraph (2) below, regulation 5, on 1st April 2001;
b
for the purposes of regulation 2 (in so far as it relates to housing benefit) and regulation 6(b) —
i
in a case where rent is payable at intervals of a whole number of weeks, on 2nd April 2001;
ii
in any other case, on 1st April 2001;
c
for all other purposes, subject to paragraphs (3) and (4) below, on 9th April 2001.
2
Regulation 5 below shall come into force immediately before the coming into force of regulation 1 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 .
3
Regulations 3 and 6(c) of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations .
4
Regulation 6(d) of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
5
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Council Tax Benefit Regulations and of the Housing Benefit Regulations
2
1
In the definition of “attendance allowance” in regulation 2(1) (interpretation) of —
a
the Council Tax Benefit Regulations, in paragraph (b), after “104” there shall be inserted “or 105”;
b
the Housing Benefit Regulations —
i
in paragraph (a), for the words “section 35 of the Social Security Act” there shall be substituted the words “Part III of the Contributions and Benefits Act”;
ii
in paragraph (b), for “61” there shall be substituted the words “104 or 105”;
iii
in paragraph (c), for the words “section 159(3)(b) of”, there shall be substituted the words “paragraph 7(2)(b) of Schedule 8 to”.
2
In paragraph (2A) of both regulation 13A of the Council Tax Benefit Regulations and regulation 21A of the Housing Benefit Regulations (treatment of child care charges), for the words “paragraph (2)” there shall be substituted the words “paragraphs (2ZA) and (2ZC)”.
3
At the end of Schedule 5 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations (capital to be disregarded), there shall be added the following paragraph —
65
Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 but only for a period of 52 weeks from the date of payment.
.
Amendment of the Income Support Regulations
3
1
The Income Support Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 42(3)(b) (notional income), for the words “9 or 10” there shall be substituted the words “8 or 9” and for “1987” there shall be substituted “1988”.
3
For regulation 71(2) (applicable amounts in urgent cases) there shall be substituted the following paragraph —
2
In a case to which paragraph 1 of Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 applies, the period for which a claimant’s weekly applicable amount is to be calculated in accordance with paragraph (1) shall be any period, or the aggregrate of any periods, not exceeding 42 days during any one period of leave to which that paragraph of that Part of the Schedule to those Regulations applies.
.
4
In paragraph 4 of Schedule 1B (prescribed categories of person), at the end of sub-paragraph (a)(iia) there shall be inserted the word “or”.
5
At the end of paragraph 70 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), there shall be added the words “or any payment of an employment credit made to that person as a participant in the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973”.
6
In Schedule 10 (capital to be disregarded) —
a
the second paragraph 57 shall be omitted;
b
at the end there shall be added the following paragraph —
63
Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc. ) which is payable as a termly bonus or as an achievement bonus at the end of an academic term but only for the period of 52 weeks from the date of receipt of that allowance.
.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
4
For regulation 9(3)(b) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (effect of capital) there shall be substituted the following sub-paragraph —
b
in the case of a claim for a Sure Start Maternity Grant or a funeral payment which is made within 12 months of the death of the spouse of the claimant, any lump sum payable to that claimant as a widow or as a widower by virtue of section 36 of the Social Security Contributions and Benefits Act 1992 (bereavement payment) shall be disregarded;
.
Amendment of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000
5
Regulation 1 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 (citation and commencement) shall be renumbered regulation 1(1) and —
a
in paragraph (c) of the renumbered regulation 1(1), after the word “purposes” there shall be inserted the words “but subject to paragraphs (2) and (3) below”;
b
after the renumbered regulation 1(1) there shall be added the following paragraphs —
2
Regulation 2 of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations 1987 .
3
Regulation 5 of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 .
.
Common amendments
6
1
In paragraph (5)(a) of both regulation 35 of the Council Tax Benefit Regulations and regulation 43A of the Housing Benefit Regulations (diminishing notional capital rule), for the words “and (b)” there shall be substituted the words “to (g)”.
2
In paragraph (4)(a) of regulation 51A of the Income Support Regulations (diminishing notional capital rule), for the words “(a), (b) and (c)” there shall be substituted the words “(a) to (d)”.
3
At the end of —
a
paragraph 26 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 25 of Schedule 4 to the Housing Benefit Regulations;
c
paragraph 27 of Schedule 9 to the Income Support Regulations;
d
paragraph 28 of Schedule 7 to the Jobseeker’s Allowance Regulations,
(sums to be disregarded in the calculation of income other than earnings) there shall be added the following —
or
e
a primary care trust established under section 16A of the National Health Service Act 1977
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
9th March 2001


text:
Citation and commencement
1
This Order shall be cited as the Salford and Trafford Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Salford and Trafford Education Action Zone” means the Education Action Zone established by the Salford and Trafford Education Action Zone Order 1998 .
Extension of the Salford and Trafford Education Action Zone
3
The Salford and Trafford Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the Salford and Trafford Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Salford and Trafford Education Action Zone Order 1998 the following article:
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 5(1), if that person no longer appears to the Forum to represent either business, parents of compulsory school age children in the area served by the zone schools, the community and voluntary sector, the relevant teachers associations, or the interests of institutions within the further education sector in the area served by zone schools, as the case may be.
5
1
The Salford and Trafford Education Action Zone Order 1998 is varied as follows.
2
In Article 5(a) the words “up to 5 additional members” are substituted for the words “up to 4 additional members”.
3
In Schedule 2 the words “Broadwalk Primary School”, “West Liverpool Street Primary School” and “Windsor High School” are deleted.
4
In Schedule 2 the words “Lark Hill Community Primary School” are inserted after “Langworthy Road Primary School”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations, which may be cited as the Preserved Rights (Transfer of Responsibilities to Local Authorities) Regulations 2001, shall come into force on 19th December 2001.
2
In these Regulations, unless otherwise stated, references to sections are to sections of the Health and Social Care Act 2001.
3
These Regulations extend to England only .
Persons with preserved rights where local authorities' responsibilities do not apply
2
1
For the purposes of section 50(8), no part of sections 50(3) to (7) (local authorities' responsibilities in preserved rights cases) applies to a person specified for the purposes of this regulation in paragraph (2) below.
2
A person specified for the purposes of this regulation is a person who in respect of the day immediately before the appointed day —
a
is not entitled to income support under section 124(1) of the Social Security Contributions and Benefits Act 1992 , or is so entitled but does not have a preserved right for the purposes of regulation 19 of the Income Support (General) Regulations 1987 ; or
b
is being provided with after-care services in accordance with the requirement in section 117 of the Mental Health Act 1983 .
Recovery of amounts in respect of payments by local authorities
3
1
This regulation applies where a responsible authority has made a payment in respect of a person pursuant to section 50(6) (liability of responsible authority to make payments under arrangements existing at the appointed day where services are not provided from that day in accordance with section 50(3) to (5)).
2
For the purposes of section 50(7), the amount which is recoverable from the person is the amount which would be recoverable under section 22 of the National Assistance Act 1948 , and regulations made under that section , if the accommodation were provided by the responsible authority under Part 3 of that Act, and if the standard fixed rate for the accommodation referred to in section 22 of that Act, and regulations made under it, were the amount of the payment made by the authority pursuant to section 50(6).
Ordinarily resident
4
1
A person is to be treated as ordinarily resident in any premises for the purposes of section 50 if he is in fact resident in such premises or if he is temporarily absent from such premises.
2
For the purposes of this regulation “temporarily absent” means absent for a period which does not exceed —
a
unless throughout the period of absence the person was a patient —
i
4 weeks, where he was before his absence a temporary resident in relevant premises;
ii
13 weeks, where he was before his absence a permanent resident in relevant premises;
b
52 weeks, where throughout the period of absence the person was a patient.
3
For the purposes of this regulation —
a
a “patient” means a person (other than a prisoner) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 ; and
b
a person is a permanent resident in relevant premises where those premises are his principal place of abode, and a temporary resident where they are not.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
26th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Southampton (Electoral Changes) Order 2001.
2
This Order 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
In this Order —
“city” means the city of Southampton;
“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 City of Southampton (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Southampton
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into sixteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas 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 three.
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 Southampton
3
1
Subject to the following provisions of this article, elections of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city 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
Of the councillors elected in 2002 for each ward of the city —
a
one shall retire in 2003 being, subject to paragraphs (5) and (6), the councillor elected by the smallest number of votes;
b
one shall retire in 2004 being, subject to those paragraphs, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 2006.
5
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.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
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.
8
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.
Revocation
4
The City of Southampton (Electoral Arrangements) Order 1976 and article 10 of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 are hereby revoked.
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
14th March 2001


text:
1
This Order may be cited as the Income Tax (Cash Equivalents of Car Fuel Benefits) Order 2001 and shall come into force on 6th April 2001.
2
In section 158 of the Income and Corporation Taxes Act 1988 (car fuel) for the Tables in subsection (2) (tables of cash equivalents) there shall be substituted —
TABLE A
Cylinder capacity of car in cubic centimetres Cash equivalent
1,400 or less £1,930 More than 1,400 but not more than 2,000 £2,460 More than 2,000 £3,620
TABLE AB
Cylinder capacity of car in cubic centimetres Cash equivalent
2,000 or less £2,460 More than 2,000 £3,620
TABLE B
Description of car Cash equivalent
Any car £3,620
.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Carrier 1 UK Limited) Order 2001 and shall come into force on 17th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander
Minister of State for ECommerce, and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Title, extent and commencement
1
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 7) Order 2001; it extends to England and shall come into force in accordance with paragraph (2) below.
2
Article 37C shall come into force on 1st June 2001 and all other provisions shall come into force at 11 p.m. on 10th May 2001.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 (“the 1983 Order ”) in so far as it applies to England, is amended in accordance with the following provisions of this article.
2
Parts III and IV are replaced by the text set out in Schedule 1 to this Order.
3
Schedules 5 and 6 are revoked.
Transitional provisions
3
Declaratory Orders made under Part III of the 1983 Order before this Order comes into force, shall have effect so that the provisions of Part III of the 1983 Order as amended by this Order, apply in those areas.
Signed at 5.45 p.m.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
10th May 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Miscellaneous) Regulations 2001.
2
These Regulations shall come into force on 2nd April 2001 but —
a
regulations 5, 8, 24 and 26 shall have effect from 1st April 1998;
b
regulations 4(a), 20 and 21 shall have effect from 1st October 1999;
c
regulations 3, 4(b) and (c) and 25 shall have effect from 13th January 2000.
3
In regulation 29, expressions which are also used in the Local Government Pension Scheme Regulations 1997 have the same meaning as they have in those Regulations and “best value arrangement” shall have the meaning given to that expression in regulation 5(17) (b) of those Regulations.
Amendment of the Local Government Pension Scheme Regulations 1997
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 27 of these Regulations.
Agreements to enable employees of non-Scheme employers to be members
3
In regulation 5 —
a
after paragraph (3)(g) insert the sub-paragraph —
ga
a company for the time being subject to the influence of a body listed in Schedule 2 (other than a local authority) as described in section 69 of the Local Government and Housing Act 1989 as if references in that section to a local authority were references to the listed body;
;
b
in paragraph (8), after “eligible employees of the transferee admission body” insert “specified by that body”; and
c
in paragraph (17)(j) —
i
after sub-paragraph (i) delete “or”,
ii
after sub-paragraph (ii) add —
iii
not referred to in sub-paragraph (i) or (ii) but is a party to the best value arrangement, or
iv
a body or authority which performs the functions referred to in the section 15 direction or the section 497A directions
.
Further restrictions on eligibility
4
In regulation 6 —
a
in paragraph (1), at the beginning insert “Subject to regulation 130C”;
b
in paragraph (3), delete from “unless” to the end of that paragraph; and
c
delete paragraphs (4) to (8).
Periods of membership: “total membership”
5
In regulation 9(2), after “regulations 10, 11 and 32” insert “, Schedule 4”.
Normal retirement
6
In regulation 25 —
a
in paragraph (3), delete “who was not a member immediately before the commencement date”; and
b
delete paragraphs (4) and (6).
Other early leavers: deferred retirement benefits and election for early payment
7
In regulation 31(7) for “payable from his NRD without reduction” substitute “without reduction, payable from his NRD or from such earlier date on or after his 60th birthday as the member elects on which the sum of the items referred to in sub-paragraphs (a) to (c) of paragraph (4) is 85 years or more”.
Re-employed and rejoining deferred members
8
In regulation 32 —
a
in paragraph (5)
i
in sub-paragraph (a), for “19(1), 20(2) and (3), 27(3), 28(1) and (2) and 31(4)” substitute “20(2) and (3), 28(2), 29 and 31(4)”; and
ii
delete “and” at the end of sub-paragraph (a) and insert after that paragraph —
aa
for the purpose only of calculating whether the member has the necessary total membership —
i
referred to in regulation 19(1) (a) to be entitled to benefits under this Chapter,
ii
referred to in regulation 27(3)(a) to be entitled to an ill-health grant, or
iii
referred to in regulation 28(1)
the unaggregated periods of membership shall be taken into account, and
; and
b
in paragraph (9), delete “(but excluding any unaggregated period)”.
Concurrent employments
9
After regulation 32, insert —
Concurrent employments
32A
1
Where a person —
a
ceases to be an active member in one employment in respect of which he has at least two years' total membership (“the first employment”); and
b
continues as an active member in another employment he held concurrently with the first employment
he may elect to have his former membership in respect of the first employment aggregated with his membership in that other employment.
2
If he so elects, the provisions of regulation 32 shall apply as if references to —
a
his former membership or former active membership were references to his membership from his first employment;
b
the new employment were references to his concurrent employment; and
c
the employment in which he becomes an active member again were references to that concurrent employment.
3
In the case of a person to whom this regulation applies, the period of membership which will be aggregated with his membership from the concurrent employment will be equal to his membership from his first employment, as reduced under regulation 11(4) if the first employment was part-time, multiplied by the fraction —
whole-time rate of pay in the first employment whole-time rate of pay in concurrent employment
where the rate of pay in each case is the annual rate of pay on the last day of the first employment.
.
Meaning of “eligible child”
10
In regulation 44, for sub-paragraph (1), substitute —
1
The eligible child of a deceased member is —
a
the deceased’s legitimate or adopted child, or
b
a child who was wholly or mainly dependent on the deceased at the time of his death or, where the child is born after the member’s death, who would have been so dependent if he had been born before or on the date of the deceased member’s death,
but does not include a child who was born on or after the first anniversary of the date of the deceased’s death.
.
Payments to increase total membership
11
In regulation 55, for paragraph (10) substitute —
10
If a member continues paying the additional contributions until —
a
his NRD, or
b
if earlier, his last birthday before the date after his 60th birthday when the sum of the items referred to in sub-paragraphs (a) to (c) of regulation 31(4) is 85 years or more,
the whole of the additional period may be counted as part of his total membership.
.
Election for pension in lieu of retirement grant
12
In regulation 58(1), delete the words “has attained the age of 50 and”.
Retirement benefits
13
In regulation 64(2), for “as soon as reasonably practicable” substitute “at any time prior to the 75th birthday of the member”.
Special circumstances where revised actuarial valuations and certificates must be obtained
14
In regulation 78, for paragraph (2A) substitute —
2A
But where it is not possible for any reason to obtain revised contributions from the outgoing admission body, or from an insurer or any person providing a guarantee or indemnity on behalf of that admission body, the administering authority may obtain a further revision of any rates and adjustment certificate for the fund, showing —
a
in the case where the outgoing admission body is a transferee admission body within the meaning of regulation 5(17)(i), the revised contributions due from the body which is the transferor Scheme employer within the meaning of regulation 5(17)(j) in relation to that outgoing admission body, and
b
in any other case, the revised contributions due from each employing authority who contributes to the fund.
.
Rights to return of contributions
15
In regulation 87(4), for the words “to such period of membership as is appropriate in accordance with guidance issued by the Government Actuary” substitute —
to a period of membership equal to the period of membership in the employment which has ceased, as reduced under regulation 11(4) if the employment which has ceased was part-time, multiplied by the fraction —
whole-time rate of employment which has ceased whole-time rate of employment which is continuing
where the rate of pay in each case is the annual rate of pay on the last day of employment in the employment which has ceased.
.
Notice of decision by appointed person under regulation 100
16
In regulation 101(3) —
a
after sub-paragraph (c) delete “and”; and
b
after sub-paragraph (d) add —
; and
a statement that OPAS (the Pensions Advisory Service) is available to assist members and beneficiaries of the Scheme in connection with any difficulty with the Scheme which remains unresolved and the address at which OPAS may be contacted.
.
Notice of decisions by the Secretary of State where a disagreement is referred to him
17
In regulation 103(3)(e), for “difficulties which they have failed to resolve with the Secretary of State” substitute “any difficulty with the Scheme which remains unresolved”.
Right to count credited period
18
In regulation 122(4), after “and his NRD” insert “or, if earlier, the date on or after the member’s 60th birthday on which the sum of the items referred to in sub-paragraphs (a) to (c) of regulation 31(4) is 85 years or more”.
Changes of fund
19
In regulation 125 —
a
in paragraph (2), for “but see paragraph (3)” substitute “but see paragraphs (3) and (3A)”; and
b
for paragraph (3), substitute the following —
3
Where paragraph (2) applies as respects 10 or more members by virtue of a single event, the amount of the payment under that paragraph shall be determined by agreement between the actuary appointed by the administering authority by which the payment must be made and the actuary appointed by the administering authority to which it must be made.
3A
Where the actuaries cannot agree on the amount within 12 months of the date of transfer or, where there is more than one date of transfer, the date of the last transfer which relates to the single event, the matter shall be referred to a third actuary, chosen by agreement between the actuaries or, in default of agreement, by the President of the Institute of Actuaries, and his determination shall be final.
3B
The costs of determining the amount to be transferred shall be paid in equal shares by the members' former appropriate fund and the members' new appropriate fund.
.
Eligibility
20
After regulation 130B , insert the following —
Employees in the Rent Service Agency
130C
1
A person may be an active member if he is employed in the service of the Secretary of State’s function of providing rent officers with clerical and other assistance as mentioned in regulation 2 of the Transfer of Undertakings (Protection of Employment) (Rent Officer Service) Regulations 1999 and —
a
immediately before 1st October 1999 he was a member, or eligible to be a member, of the Scheme and was employed by a local authority for the purposes of providing rent officers with clerical and other assistance, and
b
on 1st October 1999 he became employed in the civil service of the State for the purposes of providing such clerical and other assistance.
2
For the purposes of these regulations every member within paragraph (1) is deemed to be in employment with the London Pensions Fund Authority.
3
A person described in paragraph (1) may be a member notwithstanding that he is in employment in the civil service of the State and regulation 6(1) shall not apply.
.
Rent Officers
21
In regulation 131, after paragraph (9), insert the following —
9A
A person who has been appointed as a rent officer in England in pursuance of a scheme under section 63 of the Rent Act 1977 must be treated after 30th September 1999 as being in employment with the London Pensions Fund Authority.
9B
This paragraph applies to a person who —
a
was, or was eligible to be, an active member of the Scheme on 30th September 1999 by reason of his appointment as a rent officer; and
b
is appointed on or after 1st October 1999 as a rent officer in England by the Secretary of State in pursuance of his powers under the Administration of the Rent Officer Service (England) Order 1999
without a break in the continuity of the appointment referred to in sub-paragraph (a).
9C
For the purposes of paragraph (9B), “a break in the continuity of appointment” means a period of more than one month when the person was not appointed as a rent officer.
9D
A person to whom paragraph (9B) applies is eligible to remain or become a member of the Scheme and must be treated as being in employment with the London Pensions Fund Authority.
.
Separate employments etc.
22
In regulation 132(2) —
a
in sub-paragraph (a), after “local government elections” insert “or at elections for the National Assembly for Wales”; and
b
in sub-paragraph (b) for “employment in the duties of a returning officer at an Assembly election which are required by regulations made under paragraph 2 to Schedule 1 to the European Assembly Elections Act 1978 to be discharged by an acting returning officer” substitute “as a regional or local returning officer at a European Parliamentary election”.
Former members of the Metropolitan Civil Staffs Superannuation Scheme
23
For regulation 144A substitute —
Former members of the Metropolitan Civil Staffs Superannuation Scheme
Former members of the Metropolitan Civil Staffs Superannuation Scheme
144A
Schedule 7 (Former members of the Metropolitan Civil Staffs Superannuation Scheme) shall have effect.
.
Persons employed in the Meat Hygiene Service
24
After regulation 144A, insert —
Meat Hygiene Service
Meat Hygiene Service
144B
—
1
The NRD of a person to whom this paragraph applies shall be 60 and —
a
regulations 25, 31(7), 55(10), 56(6), 66(10), 83, 93(2) and 122(4) shall be construed accordingly, and
b
references to “65” or “65th birthday” in regulations 27(5) , 28(3), 46(8)(b) and 52(2)(c) shall be construed as references to “60” and “60th birthday”.
2
Regulation 31(4) shall not apply to such a person.
3
Paragraph (1) applies to a person who became a member of the Scheme as a consequence of being specified in, or being included in a specified class of employees specified in, an admission agreement made on or after 24th October 1994 and before 4th March 1997 between the London Pensions Fund Authority and the Minister of Agriculture, Fisheries and Food.
.
Definitions
25
In Schedule 1, in the definition of “admission body” for “5(8)” substitute “5(3)”.
Excluded membership
26
In Schedule 3, in the second column of paragraph 3 of the Table, after “All regulations” add “but see regulation 32(5)(aa)”.
Former members of the Metropolitan Civil Staffs Superannuation Scheme
27
After Schedule 6, add the Schedule 7 set out in the Schedule to these Regulations.
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997
28
The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 shall be amended by the insertion after regulation 18 of the following regulation —
Election for pension in lieu of retirement grant and election for lump sum in lieu of pension
18A
1
This regulation applies to a person who immediately before the commencement date was a deferred member.
2
Regulations 58 and 59 of the 1997 Regulations apply to a person to whom this regulation applies with the following modifications.
3
In regulations 58(1) and 59(1)(a) for “Part II” substitute “Part D of the 1995 regulations”.
4
In regulation 58(1) for “regulation 27” substitute “regulation D7 of the 1995 regulations”.
5
In regulation 58(6) for “these Regulations” substitute “the 1995 regulations”.
6
In regulation 59(5) for “Schedule 4” substitute “Schedule C5”.
.
Admission agreements
29
1
This Regulation applies where —
a
a transferee Scheme employer has entered into a best value arrangement with a transferee admission body on or after 1st April 1999 and before the date on which these Regulations come into force;
b
within three months of the date on which these Regulations come into force, the transferee Scheme employer and the transferee admission body enter into an admission agreement which satisfies the requirements of regulation 5 of the Local Government Pension Scheme Regulations 1997; and
c
the condition referred to in paragraph (4) is satisfied.
2
Where this regulation applies, the admission agreement may provide that a period of employment by the transferee admission body before the date of the agreement counts as a period of membership for the purposes of the Local Government Pension Scheme Regulations 1997 for the employees covered by the admission agreement.
3
The period of employment shall be such period as the actuary to the relevant fund shall determine.
4
The condition referred to in paragraph (1) is that the transferee admission body pays into the relevant fund increased contributions to meet the cost of the increase in membership.
Right to opt out
30
1
Where —
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than that in which he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the Local Government Pension Scheme Regulations 1997 and The Local Government Pension Scheme (Transitional Provisions) Regulations 1997 shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who —
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
died while in such employment,
before the date on which these Regulations come into force.
Revocations
31
Regulations 14(b) of the Local Government Pension Scheme (Miscellaneous Provisions) Regulations 1999 , regulation 6(b) of the Local Government Pension Scheme (Amendment etc.) Regulations 1999 and regulation 7 of the Local Government Pension Scheme (Greater London Authority etc.) Regulations 2000 are revoked.
Signed by authority of the Secretary of State
Beverley Hughes
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
7th March 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2001 and shall come into force on 10th February 2001.
2
These Regulations have effect in relation to the financial year beginning on 1st April 2001.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999.
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
TABLE
Column 1 Column 2 Column 3 Amounts for P1 £ Amounts for P2 £
Redistributed non-domestic rates 74,250,395 167,202,460 Revenue support grant 180,587,243 491,473,086 General GLA grant 23,400,000 Nil Additional grant Nil Nil Relevant special grant Nil Nil Police grant Not applicable 1,007,548,948
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
7th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 2001 and shall come into force on 1st May 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 and “regulation” and “Schedule” mean respectively a regulation of, or Schedule to, the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 24 shall be amended as follows.
2
In paragraph (1) after “CIS5” there shall be inserted “, CIS5 (Partner)”.
3
In paragraph (4) for the word “Where” there shall be substituted the words “Subject to paragraph (4A), where”.
4
After paragraph (4) there shall be inserted the following paragraphs —
4A
Subject to paragraph (4B), where the inspector considers that in all the circumstances the form of certificate mentioned in paragraph (4) would be inappropriate, he may issue a certificate to the individual in the form numbered CIS5 (Partner) in Schedule 1, and the certificate shall show —
a
a facsimile of the individual’s signature on the application for the certificate,
b
the word “Original” (but no copies shall be issued),
c
the date from which the certificate is valid,
d
the date of its expiry,
e
the distinctive number assigned to it,
f
the words “Acting for”,
g
the name of the firm, and
h
subject to paragraph (8), and where the individual so wishes, one business name under which the firm’s business is carried on.
4B
A certificate mentioned in paragraph (4A) shall only be issued to a single partner in a particular firm, in his capacity as such, at any one time.
5
In paragraph (6) after sub-paragraph (f) there shall be inserted the following sub-paragraph —
g
the registration number of the company, and
.
6
In paragraph (8) —
a
after “(4)” there shall be inserted “, (4A)”;
b
before the words “the firm” there shall be inserted the words “partners in”.
4
In regulation 25 after paragraph (1) there shall be inserted the following paragraph —
1A
A sub-contractor’s tax certificate in the form specified in regulation 24(4A) shall be issued by an inspector to the partner who applied for the certificate, and a facsimile of whose signature appears on it.
5
In regulation 33 —
a
in paragraph (1) after “regulation 34(2)” there shall be inserted “or 34A(2)”;
b
in paragraph (2)(a) after “(4)” there shall be inserted “, (4A)”.
6
After regulation 34 the following regulation shall be inserted —
Alternative procedure for verification of sub-contractor’s tax certificate held by a partner in a firm
34A
1
Where the circumstances specified in paragraph (2) are satisfied, a partner specified in paragraph (3) shall give the document specified in paragraph (4) (in this regulation referred to as the “certification document”) to the contractor.
2
The circumstances specified in this paragraph (and which were referred to in regulation 33(1)) are that —
a
the contract payment is made to a firm, not being a nominee,
b
the payment is due under a contract made in writing between the contractor and the firm,
c
the partner has produced the certification document to the contractor,
d
subject to paragraph (5), the contractor has no reason to doubt that the information shown on the certification document is correct,
e
the date of payment is —
i
not earlier than the date shown in the certification document as that from which the certificate is valid, and
ii
not later than the date of expiry shown in the certification document, and
f
the payment is made into a bank account held in the name of the firm and specified in the certification document (“the nominated account”).
3
A partner specified in this paragraph is —
a
a partner in the firm referred to in paragraph (2) (“the firm”), and
b
one who has notified the inspector of particulars identifying the nominated account.
4
The certification document specified in this paragraph is a document on the firm’s headed notepaper, signed by the partner —
a
certifying that the partner, in his capacity as a partner in the firm, is the user of a valid sub-contractor’s certificate in the form specified in paragraph (4A) of regulation 24, and
b
specifying —
i
the name of the partner,
ii
the address which is the firm’s main place of business,
iii
the distinctive number of the sub-contractor’s tax certificate,
iv
the date from which the certificate is valid,
v
the date of expiry of the certificate,
vi
particulars identifying the nominated account, and
vii
where the partner so wishes, the business name or names under which the firm’s business is carried on.
5
If the contractor has reason to doubt that the information shown on the certification document is correct, he may, within 14 days of the date of receipt of the certification document from the partner, apply to the inspector for confirmation that —
a
a valid sub-contractor’s tax certificate has been issued to the partner, in his capacity as a partner in the firm, to which the payment is to be made, and
b
the information shown on the certification document agrees with the records held by the inspector,
and, on receipt of such confirmation, the contractor shall be presumed to have no reason to doubt that the information shown on the certification document is correct
.
7
1
Regulation 37A shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (a) after “regulation 24” there shall be inserted the words “or to an individual as a partner in a firm in the form specified in paragraph (4A) of that regulation”;
b
in sub-paragraph (b) after the word “company” there shall be inserted the words “, or to that firm, as the case may be”.
3
In paragraph (4) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in the case of a contract payment to a company, the distinctive number of its sub-contractor’s tax certificate or, in the case of a contract payment to a firm, the distinctive number of the sub-contractor’s tax certificate of the partner in that firm who produced that certificate or a certification document in accordance with regulation 33 or 34A,
.
8
1
Regulation 40A shall be amended as follows:
2
In paragraph (6)(a) for the word “year,” there shall be substituted —
year —
to firms, a partner in which is excepted from section 559 in his capacity as a partner in the firm and who, in that capacity, holds a sub-contractor’s tax certificate in the form numbered CIS5 (Partner) in Schedule 1 to these Regulations, and
.
3
In paragraph (8) after sub-paragraph (a) there shall be inserted the following sub-paragraph —
aa
a list of all firms, a partner in which —
i
is excepted from section 559 in his capacity as a partner in the firm, and
ii
holds in that capacity a sub-contractor’s tax certificate in the form numbered CIS5 (Partner) in that Schedule,
to which the contractor made any contract payment during the year;
.
9
In Schedule 1 after the form designated “Form CIS5 Reverse” there shall be inserted —
.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
23rd April 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) Regulations 2001 and come into force on 1st December 2001.
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“the parties” means the authorised person concerned and the transferee (within the meaning of section 105(2) or, as the case may be, section 106(2) of the Act);
“the report” means the scheme report mentioned in section 109(1) of the Act;
“State of the commitment” has the meaning given by paragraph 6(1) of Schedule 12 to the Act;
“State in which the risk is situated” has the meaning given by paragraph 6(3) of Schedule 12 to the Act;
“a summary of the report” means a summary of the report sufficient to indicate the opinion of the person making the report of the likely effects of the insurance business transfer scheme on the policyholders of the parties.
Meaning of “commitment”
2
There is prescribed for the purposes of paragraph 6(2) of Schedule 12 to the Act any contract of insurance of a kind referred to in Article 1 of the first life insurance directive.
Transfer of an insurance business
3
1
An applicant under section 107 of the Act for an order sanctioning an insurance business transfer scheme (“the scheme”) must comply with the following requirements.
2
A notice stating that the application has been made must be —
a
published —
i
in the London, Edinburgh and Belfast Gazettes;
ii
in two national newspapers in the United Kingdom; and
iii
where, as regards any policy included in the proposed transfer, an EEA State other than the United Kingdom is the State of the commitment or the State in which the risk is situated, in two national newspapers in that EEA State; and
b
sent to every policyholder of the parties.
3
The notices mentioned in paragraph (2) must —
a
be approved by the Authority prior to publication (or, as the case may be, being sent); and
b
contain the address from which the documents mentioned in paragraph (4) may be obtained.
4
A copy of the report and a statement setting out the terms of the scheme and containing a summary of the report must be given free of charge to any person who requests them.
5
A copy of the application, the report and the statement mentioned in paragraph (4) must be given free of charge to the Authority.
6
In the case of any such scheme as is mentioned in section 105(5) of the Act, copies of the documents listed in paragraph 6(1) of Schedule 15B to the Companies Act 1985 or in paragraph 6(1) of Schedule 15B to the Companies (Northern Ireland) Order 1986 (application of provisions about compromises and arrangements to mergers and divisions of public companies) must be given to the Authority by the beginning of the period referred to in paragraph 3(e) of that Schedule.
4
1
Subject to paragraph (2), the court may not determine an application under section 107 for an order sanctioning an insurance business transfer scheme —
a
where the applicant has failed to comply with the requirements in regulation 3(2), (3) or (6); and
b
until a period of not less than twenty-one days has elapsed since the Authority was given the documents mentioned in regulation 3(5).
2
The requirements in regulation 3(2)(a)(ii) and (iii) and (b) may be waived by the court in such circumstances and subject to such conditions as the court considers appropriate.
Transfer of a banking business
5
1
An applicant under section 107 of the Act for an order sanctioning a banking business transfer scheme (“the scheme”) must comply with the following requirements.
2
A notice stating that the application has been made must be published —
a
in the London, Edinburgh and Belfast Gazettes; and
b
in two national newspapers in the United Kingdom.
3
The notice mentioned in paragraph (2) must —
a
be approved by the Authority prior to its publication; and
b
contain the address from which the statement mentioned in paragraph (4) may be obtained.
4
A statement setting out the terms of the scheme must be given free of charge to any person who requests it.
5
Copies of the application and the statement mentioned in paragraph (4) must be given free of charge to the Authority.
6
1
Subject to paragraph (2), the court may not determine an application under section 107 for an order sanctioning a banking business transfer scheme —
a
where the applicant has failed to comply with the requirements in regulation 5(2) or (3); and
b
until a period of not less than twenty-one days has elapsed since the Authority was given the documents mentioned in regulation 5(5).
2
The requirement in regulation 5(2)(b) may be waived by the court in such circumstances and subject to such conditions as the court considers appropriate.
Tony McNulty
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2001


text:
Citation and commencement
1
This Order may be cited as the Bath and West Community National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Bath and West Community National Health Service Trust established by the Bath and West Community National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
20th March 2001


text:
Citation and commencment
1
This Order shall be cited as the The Barnsley Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Barnsley Education Action Zone” means the Education Action Zone established by the Barnsley Education Action Zone Order 1998 .
Extension of the Education Action Zone
3
The Barnsley Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the Barnsley Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Barnsley Education Action Zone Order 1998 the following article —
Removal from office by Forum.
9A
A member of the Forum may be removed from the office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5(1), if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5(1), if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 5(1), if that person no longer appears to the Forum to represent the interests of either businesses, staff of the zone schools, parents of compulsory school age children, or community organisations, in the area served by the zone schools, as the case may be.
5
1
The Barnsley Education Action Zone Order 1998 is varied as follows:
2
In Schedule 1 the following words are deleted: “Barnsley and Doncaster TEC”, “Bull Information Systems Limited”, “Barnsley and District NHS Trust”, “British Telecommunications plc”; “Link Training”, “Bretton College”, “Sheffield University”, “Sheffield Hallam University”, “Voluntary Action Barnsley”, “South Yorkshire Probation”, “Barnsley Crime Prevention Partnership”, “The Princes Trust”, “Community Partnerships”, “Workers Educational Association”, “Barnsley Football Club”.
3
In Schedule 1 the words “Barnsley Health Action Zone” and “Barnsley Learning Skills Council” are added after the words “Construction Industry Training Board”.
4
In Schedule 2 after the words “Cudworth Pontefract Road Primary School”, is inserted “Edmonds Primary School”, and after “Grange Gate Junior School” is inserted, “Greenacre School”.
5
In Schedule 2 the words “Priory School” are deleted and substituted with, “Priory School and Sports College”.
6
In Schedule 2 the words, “Birkwood Primary School”, “Crevesford School”, “Worsborough Lobwood Primary School”, “Pontefract Road Junior and Infant School”, and “Worsborough Dale Nursery School” are deleted.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No.2) Regulations 2001 and shall come into force on 1st November 2001.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments relating to requirements as to vehicles submitted for examinations
3
1
Regulation 13(1) shall be amended as follows.
2
After sub-paragraph (f)(i), the word “or” shall be deleted.
3
After sub-paragraph (f)(ii) there shall be inserted
; or
wheelchair restraining devices are not installed in the vehicle at the time it is submitted for examination
.
Fees increase
4
In each provision specified in column (1) of the following Table for the amount specified in column (2) there shall be substituted the amount specified in column (3).
TABLE
(1) (2) (3) Regulation Existing amount (£) Substituted amount (£)
20(1)(a) 13.70 14.30 20(1)(aa) 22.70 23.50 20(1)(b) 26.60 27.50 20(1)(c)(i) 35.90 39.40 20(1)(c)(ii) 34 37.60 20(1)(ca) 40.75 44.40 20(1)(d)(i) 54.15 58.90 20(1)(d)(ii) 41.70 43.40 20(1)(da)(i) 80.30 87.05 20(1)(da)(ii) 50.60 55.50 20(1)(f) 35.75 39.20 25(2) 94 119
Other amendments relating to fees
5
1
Regulation 20 shall be further amended as follows.
2
In paragraph (3A)(b) —
a
after the item “steering wheel” the following item shall be inserted “tyres (other than in respect of a vehicle in Class I or II );” and
b
after the item “vehicle identification numbers;” the word “or” shall be deleted and the following item shall be inserted “wheels (other than in respect of a vehicle in Class I or II); or”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd October 2001


text:
Citation and commencement
1
These Regulations may be cited as the Employment Zones (Amendment) (No. 3) Regulations 2001 and shall come into force on 13th August 2001.
Amendment of the Employment Zones Regulations 2000
2
The Schedule to the Employment Zones Regulations 2000 shall be amended as follows —
a
in relation to the employment zone of Brighton and Hove, after “the non-metropolitan district of Hove” there shall be added “and the district of Adur”.
b
in relation to the employment zone of Plymouth, after “The non-metropolitan district of Plymouth” there shall be added “and the districts of Caradon, South Hams and West Devon”.
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
12th July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Climate Change Agreements (Eligible Facilities) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Finance Act 2000;
“reckonable energy” has the meaning given by regulation 4;
“relevant commodities” means taxable commodities, hydrocarbon oil within the meaning of the Hydrocarbon Oil Duties Act 1979 and any mixture of gases which originates from an oil refinery and is not a taxable commodity; and
“the relevant premises” has the meaning given by regulation 4(5).
Eligible Facilities
3
1
This regulation specifies the circumstances in which an installation or site is to be taken to be a facility for the purposes of determining in connection with concluding or varying a climate change agreement whether the facility is to be, or is to continue to be, identified in the agreement as a facility to which the agreement applies.
2
An installation covered by paragraph 51 of Schedule 6 to the Act shall be taken at the relevant time to be a facility for the purposes specified in paragraph (1) only if —
a
the taxable commodities supplied to the installation by taxable supplies in the following 12 month period are intended to be burned (or, in the case of electricity, consumed) —
i
in the installation, or
ii
on the site where the installation is situated but not in the installation, and
b
the amounts of relevant commodities subject to each of those intentions are such that the condition specified in paragraph (4) is satisfied.
3
A site shall be taken at the relevant time to be a facility for the purposes specified in paragraph (1) only if —
a
the taxable commodities supplied to the site by taxable supplies in the following 12 month period are intended to be burned (or, in the case of electricity, consumed) —
i
in installations on the site that are covered by paragraph 51 of Schedule 6 to the Act (or in parts of such installations), or
ii
on the site but not in any such installation (or part of such an installation), and
b
the amounts of relevant commodities subject to each of those intentions are such that the condition specified in paragraph (5) is satisfied.
4
The condition referred to in paragraph (2)(b) is that it is likely that in the relevant 12 month period at least 90% of the reckonable energy supplied to the installation will be used within the installation.
5
The condition referred to in paragraph (3)(b) is that it is likely that in the relevant 12 month period at least 90% of the reckonable energy supplied to the site (whether or not to the installations or parts of installations) will be used within the installation or parts of installations (as the case may be).
6
For the purposes of paragraph (4) reckonable energy supplied to the site but not to the installation shall be treated as supplied to the installation if, and to the extent that, it is used within the installation.
7
For the purposes of paragraphs (4) and (5), past supply or use of reckonable energy (if any) shall be taken into account in determining likely supply or use of such energy in the relevant 12 month period.
Reckonable energy
4
1
Reckonable energy is energy which is to be taken into account in accordance with the rules set out in the following provisions of these regulations.
2
Energy supplied to the relevant premises is reckonable only if, and to the extent that, it is produced from relevant commodities which are, or are deemed to be, burned within the relevant premises.
3
Relevant commodities which are not burned within the relevant premises shall be deemed to be so burned if they are used there.
4
For the purpose of paragraph (2) “energy” includes cooling supplies and supplies of steam (see regulations 6(7) and (8) and 7).
5
In these Regulations “the relevant premises” means —
a
in the case of a determination under regulation 3(2), the installation referred to in regulation 3(2)(a)(i); and
b
in the case of a determination under regulation 3(3) —
i
the installations or parts of installations referred to in regulation 3(3)(a)(i); and
ii
elsewhere on the site referred to in the regulation 3(3)(a)(ii).
6
Subject to regulations 5 and 6, the quantity of energy produced from electricity is to be multiplied by a factor of 2.6 to convert it into reckonable energy.
7
The reckonable energy from any other relevant commodity shall be calculated by reference to the gross calorific value of the commodity burned to produce it.
Dedicated electricity generation plant
5
1
Subject to paragraph (2), where electricity is generated in plant which is located, and intended for supplying electricity primarily for use, within the relevant premises or any other part of the site, the reckonable energy in respect of such use shall be calculated by reference to the gross calorific value of the relevant commodity burned to produce the electricity.
2
Where the electricity referred to in paragraph (1) is used in more than one place, the total figure calculated in accordance with that paragraph shall be attributed to the places where it is used on a pro rata basis.
3
This regulation does not apply to electricity generated by a combined heat and power station.
Combined heat and power stations
6
1
Reckonable energy from a combined heat and power station shall be calculated by reference to the gross calorific value of the relevant commodity burned to produce it.
2
Where part of the energy from a combined heat and power station is used in a place, the formulae set out in paragraphs (3) to (5) shall apply for calculating the amount of energy from the station which is to be reckonable in relation to that place.
3
The following formula applies in respect of electricity from the combined heat and power station which is used in that place —
RE = 2 EC × EP 2 ET + HT
where —
RE is the reckonable energy in respect of electricity from the combined heat and power station which is used in that place;
EC is the total energy content of the relevant commodities burned in the combined heat and power station calculated by reference to the gross calorific value of each commodity;
EP is the quantity of electricity produced by the combined heat and power station which is used in that place;
ET is the total quantity of electricity produced by the combined heat and power station which is used in that place or elsewhere; and
HT is the total quantity of heat produced by the combined heat and power station which is used in that place or elsewhere.
4
If no electricity from the combined heat and power station is put into public supply, the following formula applies in respect of heat which is used in that place —
RHN = EC × HP 2ET + HT
where —
RHN is the reckonable energy in respect of heat from the combined heat and power station which is used in that place;
EC is the total energy content of the relevant commodities burned in the combined heat and power station calculated by reference to the gross calorific value of each commodity;
HP is the quantity of heat produced by the combined heat and power station which is used in that place;
ET is the total quantity of electricity produced by the combined heat and power station which is used in that place or elsewhere; and
HT is the total quantity of heat produced by the combined heat and power station which is used in that place or elsewhere.
5
If electricity from the combined heat and power station is put into public supply, the following formula applies in respect of heat which is used in that place —
RHS = EC × HP ( 2ET + HT ) - HP × ES HT ( 2.6 - 2 EC 2ET + HT )
where —
RHS is the reckonable energy in respect of heat from the combined heat and power station which is used in that place;
EC is the total energy content of the relevant commodities burned in the combined heat and power station calculated by reference to the gross calorific value of each commodity;
HP is the quantity of heat produced by the combined heat and power station which is used in that place;
ES is the quantity of electricity produced by the combined heat and power station and put into public supply;
ET is the total quantity of electricity produced by the combined heat and power station which is used in that place or elsewhere; and
HT is the total quantity of heat produced by the combined heat and power station which is used in that place or elsewhere.
6
For the the purposes of paragraphs (4) and (5), electricity is put into public supply when it is supplied to an electricity utility.
7
Where absorption cooling is used to produce a cooling supply for use in the relevant premises and the heat for the absorption cooling is from a combined heat and power station —
a
the heat used to provide the cooling supply shall be treated for the purposes of paragraphs (1) to (6) as used in the place where the cooling supply is used; and
b
the quantity of that heat shall be estimated by dividing the output of the cooling supply by the coefficient of performance of the cooling system.
Steam
7
1
The reckonable energy in respect of steam supplied to any place within the relevant premises shall be calculated by taking the enthalpy of the steam and by dividing it by the efficiency of the system which generates the steam and supplies it to the place where it is used.
2
Appropriate adjustments shall be made to take account of subsequent uses of the steam elsewhere and any reduction in the pressure of steam when it leaves that place compared with its pressure when it is supplied to that place.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 2001


text:
1
This Order may be cited as the Derby College (Incorporation) Order 2001 and shall come into force on 1st January 2002 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Derby College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 1st January 2002, and the corporation shall conduct Derby College from that date.
Margaret Hodge
Minister of State,
Department for Education and Skills
27th November 2001


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (North Atlantic Salmon Conservation Organization) Order 2001 and shall come into force on the day after the day on which it was made.
2
The Treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Tyne Tunnel (Revision of Tolls and Traffic Classification) Order 2001 and shall come into force on 28 August 2001.
2
The tolls authorised in pursuance of the Tyne and Wear Act 1976 are hereby revised so that, save as provided in article 3 below, the tolls which the Tyne and Wear Passenger Transport Authority may demand and recover in respect of all traffic passing through and into the tunnel shall be those specified in the Schedule to this Order from the date on which this Order comes into force.
3
No tolls shall be charged in respect of any vehicle which is not chargeable with any duty under the Vehicles (Excise) Act 1971 by virtue of section 7(2) of that Act.
4
In this Order —
“motor cycle” means a mechanically propelled vehicle having less than four wheels and, in a case where a cabin is provided, the cabin of which is not so constructed as to enclose the driver and any passenger;
“the tunnel” means Work No. 2 referred to in section 12 of the Tyne and Wear Act 1976;
“maximum gross weight” has the meaning given by regulation 3 of the Motor Vehicles (Construction and Use) Regulations 1986 .
5
The Tyne Tunnel Tolls (Revision of Tolls) Order 1999 is hereby revoked.
Signed by authority of the Secretary of State
Mrs D. Phillips
An Under Secretary in the
Department for Transport, Local Government and the Regions
23rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Wyre (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Wyre;
“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 for Transport, Local Government and the Regions marked “Map of the Borough of Wyre (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Wyre
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-six wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not 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 the 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 borough of Wyre
3
1
The ordinary elections of all councillors of the borough of Wyre shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the 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 retired.
Number of parish councillors
4
The number of parish councillors to be elected for the parish of Catterall shall be ten.
Revocation
5
The Borough of Wyre (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001