text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City and Hackney Primary Care Trust (Establishment) Order 2001 and shall come into force on 9th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the City and Hackney Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the City and Hackney Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East London and The City Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East London and The City Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The City and Hackney Community Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
30th January 2001


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Education (The Arts Institute at Bournemouth Further Education Corporation) (Transfer to the Higher Education Sector) Order 2001 and shall come into force on 1st August 2001.
2
On the date on which this Order comes into force The Arts Institute at Bournemouth Further Education Corporation shall cease to be a further education corporation and shall become a higher education corporation.
Tessa Blackstone
Minister of State
Department for Education and Employment
5th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Insolvent Partnerships (Amendment) Order 2001 and shall come into force on 2nd April 2001.
2
In this Order, “the 1994 Order ” means the Insolvent Partnerships Order 1994 .
Amendments to article 16 of the Insolvent Partnerships Order 1994
2
1
Article 16 of the 1994 Order (Application of Company Directors Disqualification Act 1986) is amended as follows.
2
In article 16 of the 1994 Order, for “sections 6 to 10, 15” there is substituted “sections 1, 1A, 6 to 10, 13 to 15, 17 ”.
Amendments to Schedule 8 to the Insolvent Partnerships Order 1994
3
1
Schedule 8 to the 1994 Order (Schedule 8: modified provisions of the Company Directors Disqualification Act 1986) is amended as follows.
2
For section 6(4) of the Company Directors Disqualification Act 1986, as modified and set out in Schedule 8 to the 1994 Order, there is substituted —
4
In this section and section 7(2), “the court” means —
a
where the partnership in question is being or has been wound up as an unregistered company by the court, that court,
b
where the preceding paragraph does not apply but an administration order has at any time been made in relation to the partnership in question, any court which has jurisdiction to wind it up.
4A
Section 117 of the Insolvency Act 1986 (High Court and county court jurisdiction), as modified and set out in Schedule 5 to the 1994 Order, shall apply for the purposes of subsection (4) as if in a case within paragraph (b) of that subsection the references to the presentation of the petition for winding up in sections 117(3) and 117(4) of the Insolvency Act 1986, as modified and set out in that Schedule, were references to the making of the administration order.
4B
Nothing in subsection (4) invalidates any proceedings by reason of their being taken in the wrong court; and proceedings —
a
for or in connection with a disqualification order under this section, or
b
in connection with a disqualification undertaking accepted under section 7,
may be retained in the court in which the proceedings were commenced, although it may not be the court in which they ought to have been commenced.
4C
In this section and section 7, “director” includes a shadow director.
3
In section 7 of the Company Directors Disqualification Act 1986, as modified and set out in Schedule 8 to the 1994 Order (Applications to court under section 6; reporting provisions) —
a
in subsection (1)(b), after “being” there is inserted “or has been”,
b
after subsection (2) there is inserted —
2A
If it appears to the Secretary of State that the conditions mentioned in section 6(1) are satisfied as respects any person who has offered to give him a disqualification undertaking, he may accept the undertaking if it appears to him that it is expedient in the public interest that he should do so (instead of applying, or proceeding with an application, for a disqualification order).
,
c
for the heading to section 7 there is substituted “Section 7: Disqualification order or undertaking; and reporting provisions”.
4
In section 8 of the Company Directors Disqualification Act 1986, as modified and set out in Schedule 8 to the 1994 Order (Disqualification after investigation), after subsection (2) there is inserted —
2A
Where it appears to the Secretary of State from such report, information or documents that, in the case of a person who has offered to give him a disqualification undertaking —
a
the conduct of the person in relation to an insolvent partnership of which the person is or has been an officer makes him unfit to be concerned in the management of a company, and
b
it is expedient in the public interest that he should accept the undertaking (instead of applying, or proceeding with an application, for a disqualification order),
he may accept the undertaking.
5
In section 9 of the Company Directors Disqualification Act 1986, as modified and set out in Schedule 8 to the 1994 Order (Matters for determining unfitness of officers of partnerships),
a
in subsection (1) “or shadow director” is omitted,
b
after subsection (1) there is inserted —
1A
In determining whether he may accept a disqualification undertaking from any person the Secretary of State shall, as respects the person’s conduct as an officer of any partnership or a director of any company concerned, have regard in particular —
a
to the matters mentioned in Part I of Schedule 1 to this Act, and
b
where the partnership or the company (as the case may be) has become insolvent, to the matters mentioned in Part II of that Schedule;
and references in that Schedule to the officer and the partnership or, as the case may be, to the director and the company are to be read accordingly.
c
at the end of subsection (2) there is inserted “and in this section and that Schedule “director” includes a shadow director”.
6
After section 9, as modified and set out in Schedule 8 to the 1994 Order, there is inserted —
Section 13: Criminal penalties
13
If a person acts in contravention of a disqualification order or disqualification undertaking he is liable —
a
on conviction on indictment, to imprisonment for not more than 2 years or a fine or both; and
b
on summary conviction, to imprisonment for not more than 6 months or a fine not exceeding the statutory maximum, or both.
Section 14: Offences by body corporate
14
1
Where a body corporate is guilty of an offence of acting in contravention of a disqualification order or disqualification undertaking and it is proved that the offence occurred with the consent or connivance of, or was attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity he, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Section 15: Personal liability for company’s debts where person acts while disqualified
15
1
A person is personally responsible for all the relevant debts of a company if at any time —
a
in contravention of a disqualification order or disqualification undertaking he is involved in the management of the company, or
b
as a person who is involved in the management of the company, he acts or is willing to act on instructions given without the leave of the court by a person whom he knows at that time to be the subject of a disqualification order or disqualification undertaking or a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 or to be an undischarged bankrupt.
2
Where a person is personally responsible under this section for the relevant debts of a company, he is jointly and severally liable in respect of those debts with the company and any other person who, whether under this section or otherwise, is so liable.
3
For the purposes of this section the relevant debts of a company are —
a
in relation to a person who is personally responsible under paragraph (a) of subsection (1), such debts and other liabilities of the company as are incurred at a time when that person was involved in the management of the company, and
b
in relation to a person who is personally responsible under paragraph (b) of that subsection, such debts and other liabilities of the company as are incurred at a time when that person was acting or was willing to act on instructions given as mentioned in that paragraph.
4
For the purposes of this section, a person is involved in the management of a company if he is a director of the company or if he is concerned, whether directly or indirectly, or takes part, in the management of the company.
5
For the purposes of this section a person who, as a person involved in the management of a company, has at any time acted on instructions given without the leave of the court by a person whom he knew at that time to be the subject of a disqualification order or disqualification undertaking or a disqualification order under Part II of the Companies (Northern Ireland) Order 1989 or to be an undischarged bankrupt is presumed, unless the contrary is shown, to have been willing at any time thereafter to act on any instructions given by that person.
Section 17: Application for leave under an order or undertaking
17
1
Where a person is subject to a disqualification order made by a court having jurisdiction to wind up partnerships, any application for leave for the purposes of section 1(1)(a) shall be made to that court.
2
Where a person is subject to a disqualification undertaking accepted at any time under section 7 or 8, any application for leave for the purposes of section 1A(1)(a) shall be made to any court to which, if the Secretary of State had applied for a disqualification order under the section in question at that time, his application could have been made.
3
But where a person is subject to two or more disqualification orders or undertakings (or to one or more disqualification orders and to one or more disqualification undertakings), any application for leave for the purposes of section 1(1)(a) or 1A(1)(a) shall be made to any court to which any such application relating to the latest order to be made, or undertaking to be accepted, could be made.
4
On the hearing of an application for leave for the purposes of section 1(1)(a) or 1A(1)(a), the Secretary of State shall appear and call the attention of the court to any matters which seem to him to be relevant, and may himself give evidence or call witnesses.
Irvine of Lairg, C.
22nd February 2001
I concur, on behalf of the Secretary of State
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
1st March 2001


text:
Citation and Commencement
1
This order shall be cited as the Nottingham (Bulwell) Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Nottingham (Bulwell) Education Action Zone” means the Education Action Zone established by the Nottingham (Bulwell) Education Action Zone Order 1998 .
Extension of the Nottingham (Bulwell) Education Action Zone Order 1998
3
The Nottingham (Bulwell) Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Nottingham (Bulwell) Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Nottingham (Bulwell) 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;
d
in the case of a member appointed pursuant to article 5(a), (c) or (d), if that person no longer appears to the Forum to represent either Nottingham City Council Education Department; business, industry or commerce in the area; or voluntary, community or charitable sectors in the area, as the case may be; and
e
in the case of a member appointed pursuant to article 5(e), if that person no longer appears to the Forum to be able to further the objects of the zone.
5
1
The Nottingham (Bulwell) Education Action Zone Order 1998 is varied as follows:
2
In Schedule 1, the words “Nottingham Learning and Skills Council” are substituted for “Greater Nottingham Training and Enterprise Council”.
3
The words, “Rolls Royce Plc Combustion Systems (Hucknall)”, “Senior Marketing”, and “Nottingham Playhouse” are inserted into Schedule 1.
4
In Schedule 2, the words “the River Leen Community School” are substituted for “Alderman Derbyshire Comprehensive School”.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
1
This Order may be cited as the Trustee Act 2000 (Commencement) Order 2001.
2
The whole of the Trustee Act 2000, so far as it is not already in force, shall come into force on 1st February 2001.
Irvine of Lairg, C.
9th January 2001


text:
Citation, commencement and interpretation
1
This Scheme may be cited as the War Pensions (Mercantile Marine) (Amendment) Scheme 2001 and, subject to article 3, shall come into force on 9th April 2001.
2
This Scheme shall be read as one with the War Pensions (Mercantile Marine) Scheme 1964 (“the principal Scheme”).
Amendments to the principal Scheme
3
1
Schedule 7 to the principal Scheme (commencing dates of awards of benefit) shall be amended as provided in this article for the purposes of decisions made and notified on or after 9th April 2001.
2
In paragraph 1 —
a
omit sub-paragraphs (2)(c) and (4)(c);
b
in sub-paragraph 4(iii) omit “of issue”, for “claim, review” substitute “claim or review” and omit from “or, as appropriate” to the end;
c
in sub-paragraph (6) before “Where” insert “Subject to sub-paragraph (7)”; and
d
after sub-paragraph (6) insert —
7
Where an award is reviewed as a result of a decision (“the original decision”) which arose from an official error, the reviewed decision shall take effect from the effective date of the original decision and for this purpose “official error” means an error made by the Secretary of State, or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, to which no other person materially contributed, including reliance on erroneous medical advice but excluding any error of law which is only shown to have been an error by virtue of a subsequent decision of a court.
.
3
In paragraph 4 omit sub-paragraph (a).
4
In paragraph 5 —
a
in sub-paragraph (a) for “claim, an application” substitute “claim or an application” and omit “or, as the case may be, an application for an appeal”; and
b
in the full-out words for “claim, application” substitute “claim or an application” and omit “or application for an appeal”.
5
In paragraph 9 —
a
for sub-paragraph (a) substitute —
a
he would have made a claim or an application for a review on an earlier date than he actually did but for an act or omission of the Secretary of State or any officer of his carrying out functions in connection with war pensions, defence, or foreign and commonwealth affairs, which wrongly caused him to delay the claim or application and that act or omission was the dominant cause of the delay;
b
in sub-paragraph (b) for “error” substitute “act or omission”; and
c
in the full-out words for “an appeal” substitute “a review”.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
12th February 2001
We consent
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
14th February 2001


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2001 and shall come into force on 1st October 2001.
2
In these Rules references to a rule by number alone means the rule so numbered in the Court of Protection Rules 2001 .
Amendments to Court of Protection Rules 2001
2
In rule 2(1) —
a
after the definition of “medical certificate” the following definition shall be inserted —
“nominated officer” means an officer nominated by the Lord Chancellor under section 93(4) of the Act to act for the purposes of Part VII of the Act;
; and
b
in the definition of “stock”, for “in any fund” there shall be substituted “and also any fund”.
3
In rule 8(1)(a), for “£10,000” there shall be substituted “£16,000”.
4
In rule 12(1), for “(c), (d) and (e)” there shall be substituted “(c), (d), (e) and (f)”.
5
For rule 24(1) there shall be substituted —
1
In the following paragraphs of this rule, “relevant application” means an application for any order, direction or certificate exercising the court’s jurisdiction in respect of a patient, including an application for the appointment of a receiver.
1A
Subject to paragraph (1B), where a relevant application is made, the applicant, or such other person as the court may direct, shall give notice to the patient in accordance with paragraphs (1D) to (1F).
1B
Subject to paragraph (1C), paragraph (1A) shall not apply where a relevant application (“the previous relevant application”) has already been made in respect of the same patient, unless there has been any finding by the court since the previous relevant application was made that the patient is capable of managing and administering his property and affairs.
1C
Paragraph (1A) shall in any case apply where the relevant application referred to in that paragraph is a first application for the appointment of a receiver.
1D
Notice under paragraph (1A) shall consist of notice —
a
that an application has been made;
b
of the effect, if made, of —
i
the appointment of a receiver, in the case of a first application for appointment of a receiver; or
ii
such other order, direction or certificate as may have been applied for;
c
of the identity of the applicant and, if different, that of any proposed receiver;
d
of any hearing fixed by the court; and
e
of such other information as the court may direct.
1E
Notice under paragraph (1A) shall be given to the patient personally.
1F
Where the court has fixed a hearing, the time limits set out in rule 19(5) shall apply to the giving of notice under paragraph (1A).
.
6
1
For rule 26(1) there shall be substituted —
1
A certificate of service shall be filed as soon as practicable after service of a document has been effected in accordance with these Rules —
a
in the case of notice given under rule 24(1A), unless the court directs otherwise;
b
otherwise, if the court so directs.
1A
A certificate of service under paragraph (1) shall show where, when, how and by whom service was effected and, in relation to a notice given under rule 24(1A), shall also contain a certificate as to whether or not the patient appeared, to the person giving it, to understand the notice.
.
2
In rule 26(2), for “paragraph (1)” there shall be substituted “paragraphs (1) and (1A)” and for “that paragraph” there shall be substituted “those paragraphs”.
3
After rule 26(2) there shall be inserted —
3
References in paragraphs (1) and (1A) to notice given under rule 24(1A) shall be taken not to include such notice when it is given to a parent, guardian or person with parental responsibility in accordance with rule 24(2).
.
7
In rule 27(2)(a), for the words “of, or above, the rank of higher executive officer” there shall be substituted “so authorised by the Master”.
8
In rule 44, after “the court” and before “when appointing them receivers” there shall be inserted “may”.
9
In rule 46(1)(b), before “rule 8” there shall be inserted “is made”.
10
In rule 54(4), after “application for review may” there shall be inserted “, within fourteen days of the date on which the order was made or decision given,”.
11
In rule 65(4), after “deal with” there shall be inserted “it”.
12
In rule 71 —
a
“or he” shall be deleted; and
b
for “of these rules” there shall be substituted “or these Rules”.
13
In rule 73(2), after “Where an order” there shall be inserted “is”.
14
In rule 74(4), for “to him” there shall be substituted “to it”.
Irvine of Lairg, C
Dated 25th August 2001


text:
1
This Order may be cited as the A428 Trunk Road (Northampton to East of Bedford) (Detrunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A428 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Bedfordshire County Council, Northamptonshire County Council and Milton Keynes Unitary Authority that they will become the highway authority responsible for those lengths of road within their respective boundaries.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W S C Wadrup
A Divisional Director in the Highways Agency
3rd June 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Stoke-on-Trent) Order 2001 and shall come into force on 1st October 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the area of the City of Stoke-on-Trent with the exception of the following roads —
a
that length of the A 34 trunk road from a point where the road intersects the southern boundary of the City to its junction with the A5035;
b
the A50 trunk road for the whole of its length within the City, including its on and off slip roads; and
c
the A500 trunk road for the whole of its length within the City, including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
5th September 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2001.
2
Except for regulation 2(2), these Regulations shall come into force on 26th March 2001.
3
Regulation 2(2) shall come into force on 1st April 2001.
Amendment of the Jobseeker’s Allowance Regulations
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3) (Interpretation) —
a
the definition of “the FEFC ” shall be omitted;
b
in paragraph (a) of the definition of “full-time course of advanced education” and paragraph (b)(i) of the definition of “full-time student”, for the words “the FEFC”, in each place where they occur, there shall be substituted the words “the Learning and Skills Council for England or by the National Council for Education and Training for Wales”;
c
for paragraph (b) of the definition of “full-time course of advanced education” there shall be substituted the following paragraph —
b
a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by the Learning and Skills Council for England for the delivery of that course; or,
ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,
.
d
for paragraphs (b)(ii) of the definition of “full-time student” there shall be substituted the following paragraph —
ii
undertaking a course of study which is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
aa
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by the Learning and Skills Council for England for the delivery of that course; or,
bb
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by the National Council for Education and Training for Wales for the delivery of that course; or,
.
3
In paragraph 3 of regulation 11 (Part-time students), for the words “provided in England and Wales directly or indirectly by a Training and Enterprise Council, or a Chamber of Commerce, Training and Enterprise, under its contractual arrangement with the Secretary of State and, in Scotland”, there shall be substituted the words “secured in England and Wales by the Learning and Skills Council for England or by the National Council for Education and Training for Wales, and, in Scotland, provided” .
Tessa Jowell
Minister of State,
Department for Education and Employment
23rd March 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Special Educational Needs (Provision of Information by Local Education, Authorities) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
In these Regulations —
“health authority” has the same meaning as in the National Health Service Act 1977 ;
“social services authority” means a local authority for the purposes of the Local Authority Social Services Act 1970 acting in the discharge of such functions as are referred to in section 1A of that Act, and
“statement” means a statement of special educational needs made under section 324 of the Education Act 1996.
3
These Regulations apply only in relation to England.
4
Nothing in these Regulations applies in relation to —
a
nursery schools, or
b
children under compulsory school age.
Publication of information
2
A local education authority shall —
a
publish information about the matters set out in the Schedule to these Regulations in accordance with regulation 3(1), (2) and (3);
b
keep that information under review, and
c
where there is a significant change in any of that information, revise the information accordingly and publish the revised information in accordance with regulation 3(5).
Manner of publication of information
3
1
The local education authority shall publish the information referred to in regulation 2(a) by —
a
providing a written copy of the information to any health authority or social services authority which in the opinion of the local education authority has an interest in that information;
b
making the information available on a website which the authority maintain on the Internet, and
c
providing a written copy of the information to any person on request.
2
The information about the matters set out in paragraph 1 of the Schedule to these Regulations shall be published on or before 1st April 2002.
3
The information about the matters set out in paragraphs 2 and 3 of the Schedule to these Regulations shall be published on or before 31st July 2002.
4
Any information to be published pursuant to regulation 2(c) shall be published by the local education authority as soon as reasonably practicable after a revision has been made by —
a
providing the revised information to a health authority or social services authority previously provided with information by the local education authority pursuant to regulation 3(1)(a);
b
updating the website maintained by the authority on the Internet to display the revised information, and
c
notifying the maintained schools in the authority’s area of the revisions by post or by electronic communication.
5
Information published in accordance with this regulation shall be published free of charge.
Estelle Morris
Secretary of State for Education and Skills
16th June 2001


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment) Regulations 2001 and shall come into force on 2nd June 2001.
Amendment of the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001
2
1
The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001 shall be amended as follows.
2
In regulation 3(1), for the words “until 3rd June 2001” there shall be substituted “until 3rd July 2001”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
10th May 2001


text:
1
1
This Order may be cited as the A45 (A508 Queen Eleanor Roundabout to the A14) (Trunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall cease to be a principal road and shall become a trunk road from the date on which the Secretary of State notifies Northamptonshire County Council that he is to become the highway authority for this length of road.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan folio numbered HA 10/PS/245 marked “The A45 (A508 Queen Eleanor Roundabout to the A14) (Trunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the DETR Records Management Branch, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W. S. C. Wadrup
A Divisional Director in the Highways Agency
11th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Leicestershire Primary Care Trust (Establishment) Order 2001 and shall come into force on 24th December 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Leicestershire Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 24th December 2001 a Primary Care Trust to be called the South Leicestershire Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Leicestershire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Leicestershire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Leicestershire and Rutland Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rushcliffe Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Rushcliffe Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Rushcliffe Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Nottingham Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Nottingham Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Nottingham Community Health National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Havering Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Havering Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Havering Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
4 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Barking and Havering Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Barking and Havering Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The BHB Community Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
17th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle upon Tyne Hospitals National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 2nd March 2001.
2
In this Order, “ the Order ” means the Newcastle upon Tyne Hospitals National Health Service Trust (Establishment) Order 1998 .
Additional non-executive director
2
In article 4 of the Order (directors of the trust), for “5 non-executive” there shall be substituted “6 non-executive”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
17th February 2001


text:
Citation, commencement, cessation, interpretation and extent
1
1
These Regulations may be cited as the Pollution Prevention and Control (Foot-and-Mouth Disease) (Air Curtain Incinerators) (England and Wales) Regulations 2001 and shall come into force on 1st May 2001 and shall cease to have effect on 31st October 2001.
2
In these Regulations, unless the context otherwise requires —
a
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
b
“carcase” includes parts of a carcase;
c
expressions used which are also used in the 2000 Regulations shall have the same meaning as in those Regulations.
3
These Regulations extend to England and Wales only.
Permits for air curtain incinerators
2
1
Notwithstanding any provision of the 2000 Regulations, the Environment Agency may by notice in writing served on the operator grant a permit under those Regulations in respect of any mobile plant which is an air curtain incinerator authorising the use of that plant for incinerating carcases of animals specified in paragraph (2) if conditions are imposed —
a
to regulate the way in which, and the places at which, the plant may be operated in order to minimise pollution from the plant; and
b
for ensuring that the requirements of paragraph (3) are satisfied.
2
The animals referred to in paragraph (1) are animals which —
a
are cattle, sheep, goats, any other ruminating animals or swine; and
b
are slaughtered as a direct or indirect result of measures taken to deal with foot-and-mouth disease.
3
The requirements mentioned in paragraph (1)(b) are that the plant is operated only if —
a
there is insufficient alternative suitable capacity for disposal; or
b
transport of the animals (or their carcases) must be avoided because of risks to the health of humans or animals.
4
There is insufficient alternative suitable capacity for disposal for the purposes of paragraph (3)(a) if —
a
in the case of cattle born before 1st August 1996, there is insufficient suitable capacity for disposal at rendering premises or incineration installations within a reasonable distance of the place of slaughter; or
b
in the case of all other animals, there is insufficient suitable capacity for disposal at rendering premises, incineration installations or landfills within a reasonable distance of the place of slaughter.
5
Notwithstanding any provision of the 2000 Regulations, the Environment Agency may at any time by notice in writing served on the operator vary or revoke a permit granted pursuant to these Regulations if it considers that it is appropriate to do so and in exercising its functions under this paragraph the Agency shall take into account any representations or objections made to it.
Air curtain incinerators to be treated as Part A(1) mobile plant
3
Air curtain incinerators used, or intended to be used, for the purposes specified in regulation 2(1)(a) shall be treated as Part A(1) mobile plant for the purposes of the 2000 Regulations and the prescribed date for existing plant for the purposes of regulation 9 of those Regulations shall be the date on which the permit is granted pursuant to these Regulations.
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
30th April 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of Three Rivers) Order 2001 and shall come into force on 1st July 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Three Rivers with the exception of the following roads:
a
the M25 motorway for the whole of its length in the District including its on and off slip roads;
b
the M1 motorway for the whole of its length in the District including its on and off slip roads;
c
the A41 road for the whole of its length in the District including its on and off slip roads;
d
the A405 road for the whole of its length in the District including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
9th May 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) (Amendment) (England) Regulations 2001 and shall come into force on 1st June 2001.
2
These Regulations extend to England only.
Amendment of the Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) Regulations 1993
2
In the Residential Accommodation (Relevant Premises, Ordinary Residence and Exemptions) Regulations 1993 —
a
paragraph (2) of regulation 7 (special provisions in respect of persons under pensionable age) shall be omitted;
b
paragraph (2) of regulation 9 (special provisions in respect of persons over pensionable age) shall be omitted.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th May 2001


text:
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 and comes into force —
a
for the purpose of enabling the Authority and the scheme operator to make rules, and for the purposes of articles 16 and 18 to 20, on 19th July 2001;
b
otherwise, on the day on which section 19 comes into force.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of the day on which section 19 comes into force;
“former scheme” means —
the Banking Ombudsman scheme; and in relation to that scheme, the “former ombudsman” means the Banking Ombudsman ;
the Building Societies Ombudsman Scheme (“the building societies scheme”); and in relation to that scheme, the “former ombudsman” means the Building Societies Ombudsman ;
arrangements operated by the Authority under paragraph 4 of Schedule 7 to the Financial Services Act 1986 for the investigation of complaints arising out of the conduct of investment business (“the FSA scheme”); and in relation to that scheme, the “former ombudsman” means a person appointed under the scheme as a complaints officer or an independent investigator ;
the Insurance Ombudsman scheme (“the insurance scheme”); and in relation to that scheme, the “former ombudsman” means the Insurance Ombudsman ;
the Ombudsman scheme of the Investment Management Regulatory Organisation Limited (“the IMRO scheme”); and in relation to that scheme, the “former ombudsman” means the Investment Ombudsman ;
the Personal Insurance Arbitration Service (“the PIAS ”); and in relation to that scheme, the “former ombudsman” means a person appointed under the scheme as an independent arbitrator ;
the scheme operated by the Personal Investment Authority Ombudsman Bureau Limited; and in relation to that scheme, the “former ombudsman” means any ombudsman appointed under that scheme ;
the arrangements operated by the Complaints Bureau of the Securities and Futures Authority Limited, together with the Consumer Arbitration Scheme of that Authority (“the SFA scheme”) ; and in relation to that scheme, the “former ombudsman” means —
if the complaint has not been submitted to arbitration under that scheme, and would not have been eligible to be so submitted (disregarding any requirement for certification by the Complaints Bureau that the complaint had not been resolved by conciliation), the Complaints Bureau; and
if the complaint has been submitted to arbitration under that scheme, or would have been eligible to be so submitted (disregarding any such requirement), a person appointed under the scheme as an arbitrator;
“the former scheme in question” means —
in relation to a relevant existing complaint, the former scheme under which the complaint was made before commencement;
in relation to a relevant new complaint, the former scheme mentioned in article 3(2)(a) and (b);
“new scheme” means the ombudsman scheme provided for by Part XVI;
“relevant complaint” means a relevant existing complaint or a relevant new complaint;
“relevant existing complaint” has the meaning given by article 2(5);
“relevant new complaint” has the meaning given by article 3(5).
3
References in this Order to numbered sections, Parts or Schedules are (unless otherwise indicated) references to sections or Parts of, or Schedules to, the Act.
The Ombudsman Scheme
Partly completed complaints under former schemes
2
1
Subject to the provisions of this Order, a complaint which —
a
was referred to a former scheme (other than the PIAS) at any time before commencement, by a person who was at that time entitled, under the terms of the former scheme, to refer such a complaint (whether described in that scheme as the making of a complaint, the referral of a dispute, the submission of a claim, or otherwise), and
b
was not determined before commencement,
is, after commencement, to be dealt with under the new scheme (and not the former scheme).
2
For the purposes of paragraph (1)(b), a complaint is to be treated as determined before commencement where it had, before commencement, been rejected, withdrawn, settled or determined by the former ombudsman (whether by a substantive decision, or by closure of the case without a substantive decision).
3
But a complaint is not to be treated as determined before commencement if, pursuant to the terms of the former scheme, the determination was at commencement subject to (or capable of being subject to) an appeal, a reference to arbitration or other like procedure.
4
Paragraph (1) applies notwithstanding that the conditions in section 226(2) are not met.
5
A complaint falling within paragraph (1) is referred to in this Order as a “relevant existing complaint”.
Complaints made after commencement about acts or omissions before commencement
3
1
Subject to the provisions of this Order, the compulsory jurisdiction resulting from section 226 applies to a complaint referred to the new scheme after commencement which relates to an act or omission occurring before commencement, if the conditions mentioned in paragraph (2) are satisfied (notwithstanding that the conditions in subsection (2)(b) and (c) of that section are not met).
2
The conditions are that —
a
the act or omission is that of a person who was, immediately before commencement, subject to a former scheme;
b
the act or omission occurred in the carrying on by that person of an activity to which that former scheme applied; and
c
the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
3
For the purposes of paragraph (2)(c), where the complainant is not eligible in accordance with rules made under section 226(6) and (7) (power to specify in rules the classes of persons who are eligible complainants), an ombudsman may nonetheless, if he considers it appropriate, treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before commencement.
4
Where the former scheme in question is the insurance scheme, a complainant is not to be treated as eligible for the purposes of paragraph (2)(c) unless —
a
he is an individual; and
b
the complaint does not concern aspects of a policy relating to a business or trade carried on by him.
5
A complaint falling within paragraph (1) is referred to in this Order as a “relevant new complaint”.
Procedure applying to relevant complaints
4
1
In paragraph 13(1) of Schedule 17 (time limits for making complaints) —
a
the reference to “a complaint” is to be taken to include a relevant complaint;
b
the reference to “the ombudsman scheme” is, in relation to a relevant existing complaint, to be taken to mean the former scheme in question; and
c
the reference to “the ombudsman scheme” is, in relation to a relevant new complaint, to be taken to mean the new scheme as it applies to such complaints by virtue of this Order.
2
Paragraph 13(2) of Schedule 17 (discretion for ombudsman to extend time limits) is to be taken to require an ombudsman to extend any time limit applying to a relevant complaint by virtue of paragraph (1) where —
a
the complaint is a relevant existing complaint, or is a relevant new complaint referred to the new scheme not later than twelve months after commencement; and
b
the effect of the extension is that the time limit applying to the complaint is the same as that which would have applied under the former scheme in question as it had effect immediately before commencement;
but subject to that, paragraph 13(2) of Schedule 17 applies in relation to relevant complaints as it applies in relation to complaints of the kind mentioned in section 226(1) (compulsory jurisdiction).
3
In paragraph 13(3) of Schedule 17 (rules requiring complaint to be first communicated to the respondent), the reference to “a complaint” is to be taken to include a relevant complaint.
4
In paragraph 13(4) of Schedule 17 (rules requiring the maintenance of complaint procedures), the reference to complaints which may be referred to the scheme is to be taken to include —
a
relevant existing complaints; and
b
any complaint which may be referred to the scheme as a relevant new complaint.
Scheme rules applying to relevant complaints
5
1
In paragraph 14 of Schedule 17 (the scheme operator’s rules), references to “complaints” are to be taken to include relevant complaints.
2
Paragraph (1) is subject to the following —
a
paragraph 14(2)(a) of Schedule 17 (matters to be taken into account in making determinations) does not apply to a relevant existing complaint (as to which see article 6(2));
b
so far as relating to relevant new complaints, scheme rules made under that paragraph are subject to article 7(2);
c
in deciding whether a relevant complaint is to be dismissed without consideration of its merits as mentioned in paragraph 14(2)(b) of that Schedule, an ombudsman is to take into account whether an equivalent complaint would have been so dismissed under the former scheme in question, as it had effect immediately before commencement; and any scheme rules made under paragraph 14(2)(b) and (3) of that Schedule (rejection of a complaint without consideration of its merits) are to be read accordingly.
Determination of relevant existing complaints
6
1
The following provisions do not apply in relation to a relevant existing complaint —
a
section 228(2) (criteria for determining complaints);
b
except as provided in paragraphs (4) and (5), section 229 (awards); and
c
except as provided in paragraph (6), section 230 (costs).
2
A relevant existing complaint is to be determined (so far as practicable) by reference to such criteria as would have applied to the determination of the complaint by the former ombudsman under the former scheme in question immediately before commencement (provided that where the former scheme is the FSA scheme, the criteria are those which would have applied to the determination of the complaint by an independent investigator under that scheme at that time).
3
A determination of a relevant existing complaint may include such remedy as could have been included in a determination (whether described as a determination, award, recommendation or otherwise) made by the former ombudsman under the former scheme in question immediately before commencement.
4
Where such a determination includes an award against the respondent of compensation payable to the complainant, section 229(8)(b) and paragraph 16 of Schedule 17 apply in relation to such an award as they apply in relation to a money award (as defined in section 229(2)(a)).
5
Where such a determination includes a requirement for the respondent to take any steps in relation to the complainant, section 229(9) and (10) apply in relation to such a requirement as they apply in relation to a direction under section 229(2)(b).
6
Where the former scheme in question, as it had effect immediately before commencement, included provision for the award of costs, an ombudsman may, on determining the relevant existing complaint, award costs in accordance with that provision (irrespective of whether those costs were incurred, or relate to anything done, before or after commencement); and subsections (6) and (7) of section 230, and paragraph 16 of Schedule 17, apply in relation to such an award of costs as they apply in relation to an award under that section.
7
Where, in relation to a relevant existing complaint, the former scheme in question was the FSA scheme —
a
if the complaint was, at commencement, subject to arbitration in accordance with that scheme, the extent to which the determination of the complaint under the new scheme is binding and final depends on the terms of the arbitration (which are not affected by this Order);
b
in any other case, the determination of the complaint under the new scheme is not binding on the respondent or the complainant;
and subsections (4)(c) and (5) to (7) of section 228 (determination of complaints) do not apply in relation to the complaint.
8
Where, in relation to a relevant existing complaint, the former scheme in question was the SFA scheme —
a
if the complaint has not been submitted to arbitration under that scheme, and would not have been eligible to be so submitted under that scheme as it had effect immediately before commencement (disregarding any requirement for certification by the Complaints Bureau that the complaint had not been resolved by conciliation), the determination of the complaint under the new scheme is not binding on the respondent or the complainant;
b
if the complaint has been submitted to arbitration under that scheme, or would have been eligible to be so submitted under that scheme as it had effect immediately before commencement (disregarding any such requirement), the determination of the complaint under the new scheme is binding on the respondent and the complainant and final (but if the complaint has been submitted to arbitration the terms of the arbitration are otherwise unaffected by this Order);
and subsections (4)(c) and (5) to (7) of section 228 do not apply in relation to the complaint.
9
Where, in relation to a relevant existing complaint —
a
the former scheme in question was the building societies scheme, and
b
the complaint was, at commencement, subject to arbitration in accordance with that scheme,
the extent to which the determination of the complaint under the new scheme is binding and final depends on the terms of the arbitration (which are not affected by this Order); and subsections (4)(c) and (5) to (7) of section 228 do not apply in relation to the complaint.
10
Where, in relation to a relevant existing complaint —
a
the former scheme in question was the building societies scheme, and
b
if the complaint had been determined under that scheme as it had effect immediately before commencement, the respondent would have been relieved of his obligation to comply with the determination if he had complied with conditions as to the giving of notice of his non-fulfilment of the obligations imposed by the determination,
the determination of the complaint under the new scheme is (notwithstanding section 228(5)) not binding on the respondent if he complies with equivalent conditions.
11
But subject to paragraphs (1) to (10), section 228 applies in relation to a relevant existing complaint as it applies in relation to a complaint of the kind mentioned in section 226(1) (compulsory jurisdiction).
Determination of relevant new complaints
7
1
Sections 228 to 230 apply in relation to a relevant new complaint as they apply in relation to a complaint of the kind mentioned in section 226(1) (compulsory jurisdiction), subject as follows.
2
In determining, in relation to a relevant new complaint —
a
what is fair and reasonable in all the circumstances of the case, for the purposes of section 228(2), and
b
what amount (if any) constitutes fair compensation for the purposes of section 229(2)(a),
an ombudsman is to take into account what determination the former ombudsman might have been expected to reach, and what amount (if any) might have been expected to be awarded by way of compensation, in relation to an equivalent complaint dealt with under the former scheme in question immediately before commencement.
Complaints determined before commencement: adjudication under the IMRO scheme
8
1
This article applies where, before commencement —
a
a complaint had been determined by a former ombudsman under the IMRO scheme; and
b
that former ombudsman had offered the complainant adjudication.
2
If the matter was subject to adjudication at commencement, this Order does not affect that adjudication and the relevant provisions of the IMRO scheme are to continue to apply so far as practicable, provided that references to the Investment Ombudsman or “the Ombudsman” are to be read as references to the scheme operator or an ombudsman appointed under paragraph 4 of Schedule 17, as appropriate.
3
If the matter had not been referred to adjudication before commencement, if the complainant accepts adjudication, the scheme operator must appoint an adjudicator to determine the matter; and if the complainant agrees to the appointment of the adjudicator, the respondent must concur in the reference to adjudication.
4
For the purposes of paragraph (3), the relevant provisions of the IMRO scheme are to apply, so far as practicable, as they would have applied to adjudication under that scheme, references to the Investment Ombudsman or “the Ombudsman” being read as references to the scheme operator or an ombudsman appointed under paragraph 4 of Schedule 17, as appropriate.
Complaints determined before commencement: appeals under the SFA scheme
9
1
This article applies where a complaint had been determined before commencement by a person appointed as an arbitrator under the SFA scheme.
2
Where, at commencement, the determination was the subject of an appeal, or an application for leave to appeal, under that scheme which had not been determined or withdrawn, this Order does not affect that appeal or that application for leave (and any ensuing appeal), and (subject to paragraph (4)) the relevant provisions of that scheme are to continue to apply to that appeal or application (and any ensuing appeal) so far as practicable.
3
Where, at commencement, an application for leave to appeal against the determination was capable of being entertained under that scheme, the relevant provisions of that scheme are (subject to paragraph (4)) to apply, so far as practicable, to the making of any such application for leave and any ensuing appeal, as they would have applied to an application for leave or an appeal before commencement.
4
The scheme operator may appoint such persons, on such terms and for such duration, as it thinks fit to hear any appeal or application for leave to appeal made after commencement pursuant to paragraph (2) or (3); and for the purposes of those paragraphs, references in the relevant provisions of the SFA scheme to the Securities and Futures Authority Limited or its Arbitration Secretariat are to be read as references to the scheme operator.
Complaints determined before commencement: appeals under the building societies scheme
10
1
This article applies where a complaint had been determined before commencement under the building societies scheme.
2
Where, at commencement —
a
a case had been stated with respect to that determination for the opinion of the High Court or Court of Session under subsections (5) to (7) of section 84 of the Building Societies Act 1986 , and no decision had been reached on that case, or
b
the determination was capable of being subject to the stating of a case under those subsections,
notwithstanding any repeal of those subsections they continue to apply as if they provided for the Court to direct that the complaint be dealt with under the new scheme as a relevant existing complaint.
Information
11
1
Any information held by any person responsible for the operation of a former scheme (“the former holder”) in connection with the operation of a former scheme may be disclosed by that person to the scheme operator or to an ombudsman (“the new holder”).
2
Any such disclosure is not to be treated as contravening any restriction on disclosure of the information (imposed by statute or otherwise) to which the former holder is subject.
3
When information has been disclosed in accordance with this article, the new holder is to be treated as subject to any such restriction on disclosure as would have applied to the former holder (subject to any exceptions which would have so applied).
4
But paragraph (3) does not prevent the application of section 31(4A) of the Data Protection Act 1998 (which was inserted by section 233 of the Act, and provides for an exemption in respect of the processing of personal data for the purpose of discharging functions under Part XVI of the Act) to information which has been disclosed in accordance with this article.
5
Sections 231 and 232 (ombudsman’s power to require information, and powers of court where information required) apply in relation to relevant complaints as they apply in relation to complaints relating to acts or omissions occurring after commencement.
Funding and fees
12
1
In section 234(1) (industry funding), the reference to the operation of the new scheme in relation to the compulsory jurisdiction is to be taken to include the operation of the scheme in relation to relevant complaints by virtue of this Order.
2
In paragraph 15 of Schedule 17 (fees), the references to “a complaint” are to be taken to include a relevant complaint.
3
Any fee which, by virtue of paragraph (2), is owed to the scheme operator under paragraph 15 of Schedule 17 by a respondent who is not an authorised person, may be recovered as a debt due to the scheme operator.
Exemption from liability in damages
13
In paragraph 10(1) of Schedule 17 (exemption from liability in damages), the reference to functions under the Act in relation to the compulsory jurisdiction is to be taken to include functions exercisable by virtue of this Order.
Privilege
14
In paragraph 11 of Schedule 17 (privilege), the reference to “a complaint which is subject to the compulsory jurisdiction” is to be taken to include a relevant complaint.
Record-keeping and reporting requirements relating to relevant complaints
15
The Authority may make rules applying to authorised persons with respect to the keeping of records and the making of reports in relation to relevant complaints.
Anticipatory consultation on scheme rules
16
If, before 19th July 2001, any consultation was undertaken —
a
on proposed scheme rules which, had it been undertaken by the scheme operator after that day, would to any extent have satisfied the requirements of paragraph 14(4) and (5) of Schedule 17 (consultation on scheme rules), or
b
on proposed voluntary jurisdiction rules which, had it been undertaken by the scheme operator after that day, would to any extent have satisfied the requirements of paragraph 22(1) and (2) of Schedule 17 (consultation on voluntary jurisdiction rules),
those requirements are to that extent to be taken to have been satisfied.
Liability of former schemes in respect of pre-commencement acts and omissions
17
1
Any liability incurred by a former ombudsman or other person responsible for the operation of a former scheme as a result of an act or omission occurring before commencement in dealing with (or failing to deal with) a complaint referred to that scheme is, after commencement, a liability of the scheme operator.
2
For the purposes of paragraph (1), it is immaterial whether the complaint is a relevant existing complaint.
Investigation of complaints against the Authority etc.
Transitional complaints against the Authority etc.
18
1
The Authority may, if it considers it appropriate —
a
make arrangements (“the transitional complaints scheme”) for the investigation of complaints —
i
arising in connection with the exercise before commencement of any functions conferred on the Authority by or under any enactment, or the failure to exercise any such functions before commencement; or
ii
against any recognised self-regulating organisation (within the meaning of the Financial Services Act 1986) in respect of any act or omission occurring before commencement; and
b
appoint one or more independent persons (“transitional investigators”) to be responsible for the conduct of investigations in accordance with the transitional complaints scheme.
2
If the Authority exercises the power in paragraph (1) —
a
sub-paragraphs (2) to (14) of paragraph 7 of Schedule 1 (arrangements for the investigation of complaints) apply —
i
in relation to the transitional complaints scheme as they apply in relation to the complaints scheme mentioned in paragraph 7(1)(a) of Schedule 1; and
ii
in relation to a transitional investigator as they apply in relation to the investigator mentioned in paragraph 7(1)(b) of that Schedule;
b
the Authority may provide in the transitional complaints scheme for such provisions of paragraph 8 of that Schedule as it considers appropriate to apply in relation to that scheme;
c
the investigator mentioned in paragraph 7(1)(b) of that Schedule may be (but need not be) appointed also as a transitional investigator; and
d
the reference, in Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 , to the investigator appointed by the Authority in accordance with paragraph 7 of Schedule 1 to the Act includes a person appointed as a transitional investigator in accordance with this article.
3
The reference in paragraph 7(1)(a) of Schedule 1 to functions of the Authority does not include the functions conferred by this article.
Anticipatory consultation on transitional complaints scheme
19. If
a
before 19th July 2001, any steps were taken in relation to a draft of the transitional complaints scheme referred to in article 18, and
b
those steps, had they been taken after that day, would to any extent have satisfied the requirements of sub-paragraphs (5) to (7) of paragraph 7 of Schedule 1 (as applied by article 18(2)(a)),
those requirements are to that extent to be taken to have been satisfied.
Exemption from liability for damages
20
Neither a transitional investigator nor a person appointed to conduct an investigation on his behalf under a provision of a transitional complaints scheme is to be liable in damages for anything done or omitted in the discharge, or purported discharge, of his functions in relation to the investigation of a complaint.
Tony McNulty
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
27th June 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 2) (England) Order 2001.
2
In this Order, “ the Act ” means the Health and Social Care Act 2001.
3
This Order extends to England only.
Appointed Day
2
The day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order is 1st October 2001.
Signed by authority of the Secretary of State for Health.
Jacqui Smith
Minister of State,
Department of Health
9th September 2001


text:
PART I
Preliminary
Citation and commencement
1
These Regulations may be cited as the Excise Duty Points (Duty Suspended Movements of Excise Goods) Regulations 2001 and shall come into force on 28th September 2001.
Interpretation
2
In these Regulations —
“accompanying administrative document” means
the document specified in Annex 1 to Commission Regulation ( EEC ) No. 2719/92 or any document that in accordance with Article 2 of that Regulation replaces that document; and
in any case where, under an exemption granted in accordance with Article 29 of the Directive, a person is entitled to use, and uses, a document specified by Commission Regulation (EEC) No. 2238/93 in substitution for an accompanying administrative document, that document as so specified;
“authorized warehousekeeper” has the same meaning as in Article 4(a) of the Directive;
“the Directive” means Council Directive 92/12/EEC of 25 February 1992 ;
“duty suspended movement” means
a movement of excise goods which:
starts at a tax warehouse in one member State and is intended to finish by the arrival of those goods with either:
the authorized warehousekeeper at a tax warehouse or a registered or non-registered trader in another member State; or
the authorized warehousekeeper at a tax warehouse in the same member State having passed through at least one other member State during the course of the movement; and
in respect of which the excise duty to which those goods are subject by virtue of Article 5 of the Directive is suspended pursuant to suspension arrangements as defined in Article 4(c) of the Directive; and
does not include any movement that has been discharged as described in Article 19(3) of the Directive;
“excise duty” means:
in relation to the United Kingdom, a duty of excise charged by or under an enactment on excise goods falling within Article 3(1) of the Directive; and
in relation to a member State other than the United Kingdom, a similar charge, imposition or levy;
“excise goods” means goods (other than chewing tobacco) of a class or description subject to any excise duty;
“guarantee” means the guarantee provided in accordance with the provisions of Article 15(3) of the Directive;
“irregularity” means an irregularity or offence within the meaning of Article 20 of the Directive;
“non-registered trader” has the meaning given in Article 4(e) of the Directive, and, in relation to the United Kingdom, is an “occasional importer” within the meaning of regulation 2(1) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 ;
“registered trader” has the meaning given in Article 4(d) of the Directive and, in relation to the United Kingdom, is a “REDS” within the meaning of regulation 2(1) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992;
“tax warehouse” has the same meaning as in Article 4(b) of the Directive.
PART II
Excise Duty Points
Irregularity occurring or detected in the United Kingdom
3
1
This regulation applies where:
a
excise goods are:
i
subject to a duty suspended movement that started in the United Kingdom; or
ii
imported into the United Kingdom during a duty suspended movement; and
b
in relation to those goods and that movement, there is an irregularity which occurs or is detected in the United Kingdom.
2
Where the Commissioners are satisfied that the irregularity occurred in the United Kingdom, the excise duty point shall be the time of the occurrence of the irregularity or, where it is not possible to establish when the irregularity occurred, the time when the irregularity first comes to the attention of the Commissioners.
3
Where it is not possible to establish in which member State the irregularity occurred, the excise duty point shall be the time of the detection of the irregularity or, where it is not possible to establish when the irregularity was detected, the time when the irregularity first comes to the attention of the Commissioners.
4
For the purposes of this regulation, detection has the same meaning as in Article 20(2) of the Directive.
Failure of excise goods to arrive at their destination
4
1
This regulation applies where:
a
there is a duty suspended movement that started in the United Kingdom; and
b
within four months of the date of removal, the duty suspended movement is not discharged by the arrival of the excise goods at their destination; and
c
there is no excise duty point as prescribed by regulation 3 above; and
d
there has been an irregularity.
2
Where this regulation applies and subject to paragraph (3) below, the excise duty point shall be the time when the goods were removed from the tax warehouse in the United Kingdom.
3
The excise duty point as prescribed by paragraph (2) above shall not apply where, within four months of the date of removal, the authorized warehousekeeper accounts for the excise goods to the satisfaction of the Commissioners.
PART III
Administrative Provisions
Repayment of excise duty
5
1
This regulation applies where:
a
there has been an excise duty point as prescribed by either regulation 3(3) or 4 above; and
b
within three years of either:
i
the date on which the accompanying administrative document for the particular duty suspended movement of excise goods was drawn up; or
ii
in the absence of such a document, the date when that movement started;
the Commissioners ascertain that the member State in which the irregularity actually occurred is a member State other than the United Kingdom; and
c
either excise duty in relation to that irregularity has been paid in the member State where the irregularity actually occurred or no excise duty was due under the laws of that member State.
2
Where this regulation applies, the person who paid the excise duty at the excise duty point shall be entitled to claim a repayment of that duty from the Commissioners.
3
For the purposes of paragraph (2) above, such a claim shall be made in writing to the Commissioners and include full particulars, including evidence to satisfy the Commissioners that either the excise duty has been paid in the member State in which the irregularity actually occurred or that no excise duty was due under the laws of that member State.
6
For the purposes of regulation 5(2) above, section 137A(1) of the Customs and Excise Management Act 1979 shall be modified so as to apply to any amounts paid by way of excise duty and not be limited to excise duty which is not due to the Commissioners.
PART IV
Payment of Excise Duty
Payment
7
1
Subject to paragraph (2) below, where there is an excise duty point as prescribed by regulation 3 or 4 above, the person liable to pay the excise duty on the occurrence of that excise duty point shall be the person shown as the consignor on the accompanying administrative document or, if someone other than the consignor is shown in Box 10 of that document as having arranged for the guarantee, that other person.
2
Any other person who causes or has caused the occurrence of an excise duty point as prescribed by regulation 3 or 4 above, shall be jointly and severally liable to pay the duty with the person specified in paragraph (1) above.
Time for payment
8
Any excise duty that any person is liable to pay by virtue of this Part shall be paid by that person at or before the excise duty point.
PART V
Consequential Amendments
The Finance Act 1994
9
Insert the following new subsection after subsection (2) of section 12 of the Finance Act 1994 —
2A
In subsection (2)(a) and (b) above “enactment” includes directly applicable Community provision.
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992
10
1
Amend regulation 4(5) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 as follows.
2
Delete all and replace with —
Where duty suspension arrangements do not apply in respect of Community excise goods consigned to a REDS or to an occasional importer or to an importer for whom a REDS is acting and, after importation, those goods do not arrive so that the excise duty point provided by paragraph (3) above does not occur, the excise duty point provided by paragraph (1) above shall apply.
11
Delete regulation 4(8) of the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
5th September 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) Order 2001 and comes into force on the day on which section 19 of the Financial Services and Markets Act 2000 comes into force.
2
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 is amended as follows:
a
After article 28 insert the following new article —
One off unsolicited real time communications
28A
1
The financial promotion restriction does not apply to an unsolicited real time communication if the conditions in paragraph (2) are met.
2
The conditions in this paragraph are that —
a
the communication is a one off communication;
b
the communicator believes on reasonable grounds that the recipient understands the risks associated with engaging in the investment activity to which the communication relates;
c
at the time that the communication is made, the communicator believes on reasonable grounds that the recipient would expect to be contacted by him in relation to the investment activity to which the communication relates.
3
Paragraphs (2) and (3) of article 28 apply in determining whether a communication is a one off communication for the purposes of this article as they apply for the purposes of article 28.
b
After article 55 insert the following new article —
Non-real time communication by members of professions
55A
1
The financial promotion restriction does not apply to a non-real time communication which is —
a
made by a person (“P”) who carries on Part XX activities; and
b
limited to what is required or permitted by paragraphs (2) and (3).
2
The communication must be in the following terms —
This [firm/company] is not authorised under the Financial Services and Markets Act 2000 but we are able in certain circumstances to offer a limited range of investment services to clients because we are members of [relevant designated professional body]. We can provide these investment services if they are an incidental part of the professional services we have been engaged to provide.
3
The communication may in addition set out the Part XX activities which P is able to offer to his clients, provided it is clear that these are the investment services to which the statement in paragraph (2) relates.
4
“Part XX activities” means the regulated activities to which the general prohibition does not apply when they are carried on by P by virtue of section 327 of the Act .
c
In article 62(1), after “communication by” insert “, or on behalf of,”.
3
In the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 , after article 15 insert the following new article —
One off unsolicited real time communications
15A
1
The scheme promotion restriction does not apply to an unsolicited real time communication if the conditions in paragraph (2) are met.
2
The conditions in this paragraph are that —
a
the communication is a one off communication;
b
the communicator believes on reasonable grounds that the recipient understands the risks associated with engaging in the investment activity to which the communication relates;
c
at the time the communication is made, the communicator believes on reasonable grounds that the recipient would expect to be contacted by him in relation to the investment activity to which the communication relates.
3
Paragraphs (2) and (3) of article 15 apply in determining whether a communication is a one off communication for the purposes of this article as they apply for the purposes of article 15.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2001