text:
Citation and commencement
1
These Regulations may be cited as the Criminal Justice and Police Act 2001 (Consequential Amendments) (Police Ranks) Regulations 2001 and shall come into force on 1st January 2002.
The Police Pensions Regulations 1987
2
1
The Police Pensions Regulations 1987 shall be amended as follows.
2
In regulation A18(1) —
a
in sub-paragraph (a)(i) after “chief constable” there shall be inserted “, a deputy chief constable”; and
b
in sub-paragraph (b)(ii) before “commander” there shall be inserted “deputy assistant commissioner or”.
3
In regulation B1(2)(b) for “assistant chief constable or commander” there shall be substituted “deputy chief constable, deputy assistant commissioner of police of the metropolis, assistant chief constable or commander”.
The Police Regulations 1995
3
1
The Police Regulations 1995 shall be amended as follows.
2
In regulation 6(1) —
a
after “Chief Constable;” there shall be inserted “Deputy Chief Constable;”; and
b
after “Assistant Chief Constable;” there shall be inserted “Chief Superintendent;”.
3
In regulation 6(2)(b) for “and Assistant Commissioner” there shall be substituted “, Assistant Commissioner and Deputy Assistant Commissioner”.
4
Regulation 6(4), (5) and (6) shall be omitted.
5
In regulation 8 for “grouped for supervision by a superintendent” there shall be substituted “grouped for supervision by a superintendent or chief superintendent”.
6
In regulation 10(10) after “chief constable” on both occasions when those words appear there shall be inserted “, deputy chief constable”.
7
In regulation 11(2) after “as chief officer of police” there shall be inserted “, deputy chief constable”.
8
In regulation 13A —
a
in sub-paragraph (1)(a) after “chief constable” there shall be inserted “, deputy chief constable”;
b
in paragraph (1A) for “or assistant commissioner” there shall be substituted “, assistant commissioner or deputy assistant commissioner”; and
c
in paragraph (3) for “or to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force” there shall be substituted “or deputy chief constable or to the rank of commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force”.
9
In regulation 13B —
a
in sub-paragraph (4)(a) “or” shall be omitted; and
b
at the end of sub-paragraph (4)(b) there shall be inserted —
, or
the vacancy exists in the rank of deputy chief constable and this is the first occasion on which the vacancy has occurred since 31st December 2001
.
10
In regulation 16(2) —
a
after “Deputy Commissioner of Police of the Metropolis,” there shall be inserted “Deputy Chief Constable,”; and
b
after “Assistant Commissioner of Police of the Metropolis,” there shall be inserted “Deputy Assistant Commissioner of Police of the Metropolis,”.
11
In regulation 31(2)(a) after “superintendent” there shall be inserted “or chief superintendent”.
12
In regulation 31(3) after “superintendent” there shall be inserted “or chief superintendent”.
13
In regulation 31(4) after “superintendent” there shall be inserted “or chief superintendent”.
14
In regulation 40(1) after “superintendent” there shall be inserted “or chief superintendent”.
15
In regulation 40(1A) after “superintendent” there shall be inserted “or chief superintendent”.
16
In regulation 52(9)(a) for “superintendent” there shall be substituted “chief superintendent”.
17
In regulation 52(9)(b) after “superintendent” there shall be inserted “or chief superintendent”.
18
In regulation 55(1), (2) and (3) for “superintendent” on each occasion where the word appears there shall be substituted “chief superintendent”.
19
In regulation 55(4)(a) after “superintendent” there shall be inserted “or chief superintendent”.
20
In regulation 55(6) for “superintendent” there shall be substituted “chief superintendent”.
21
In regulation 57(4) for “superintendent” there shall be substituted “chief superintendent”.
22
In Schedule 4 —
a
in paragraph 1(1)(a) after “superintendent” there shall be inserted “or chief superintendent”;
b
in paragraph 1(1)(b) for “superintendent” there shall be substituted “chief superintendent”; and
c
In paragraph 3 for “superintendent” there shall be substituted “chief superintendent”.
23
In paragraph 1(1) of Schedule 8 after “superintendent” there shall be inserted “or chief superintendent”.
The Police (Efficiency) Regulations 1999
4
1
The Police (Efficiency) Regulations 1999 shall be amended as follows.
2
In regulation 2(a) for “superintendent” there shall be substituted “chief superintendent”.
3
In regulation 3(1) in paragraph (b) of the definition of “senior manager” after “superintendent” there shall be inserted “or chief superintendent”.
4
In regulation 14(3)(a)(i) after “superintendent” there shall be inserted “or chief superintendent”.
5
In regulation 14(3)(b)(i) after “superintendent” there shall be inserted “or chief superintendent”.
The Police (Conduct) Regulations 1999
5
1
The Police (Conduct) Regulations 1999 shall be amended as follows.
2
In regulation 3 for “superintendent” there shall be substituted “chief superintendent”.
3
In regulation 8(2)(b) after “superintendent” there shall be inserted “or chief superintendent”.
4
In regulation 18(3) for “who shall be from the same force as the member concerned” there shall be substituted “, each of whom shall be a member of a police force maintained under section 2 of the Police Act 1996”.
5
In regulation 18(4) after “superintendent” there shall be inserted “or a chief superintendent”.
The Police (Conduct) (Senior Officers) Regulations 1999
6
1
The Police (Conduct) (Senior Officers) Regulations 1999 shall be amended as follows.
2
In regulation 3 after “chief constable” there shall be inserted “, a deputy chief constable”.
John Denham
Minister of State
Home Office
1st December 2001
We consent to these Regulations
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
4th December 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2001 and come into force on 1st October 2001.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2001.
2
The Gaming Duty (Amendment) Regulations 1999 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply, substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 .
TABLE
Part of gross gaming yield Rate
The first £242,250 2½ per cent. The next £538,000 12½ per cent. The next £538,000 20 per cent. The next £941,750 30 per cent. The remainder 40 per cent.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
5th September 2001


text:
Citation
1
This Order may be cited as the Housing Act 1996 (Commencement No. 13) Order 2001.
Commencement
2
The following provisions of the Housing Act 1996 shall come into force on 15th October 2001 —
section 155 to the extent that it is not already in force ,
section 156.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
12th September 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (SSE Telecommunications Limited) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Retained Organs Commission Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Commission” means the Retained Organs Commission established by the Order ;
“the chairman” means the chairman of the Commission;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Commission other than the chairman;
“non-officer member” means a member who is not an officer of the Commission;
“the Order” means the Retained Organs Commission (Establishment and Constitution) Order 2001 .
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment and tenure of office of chairman and non-officer members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more,
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland);
f
he is the chairman or a director of an NHS trust;
g
he is the chairman or a member of a Primary Care Trust.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Commission or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend any meeting of the Commission for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Commission within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of their number to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Commission may, and, if so directed by him shall, appoint committees of the Commission consisting wholly or partly of members of the Commission or wholly of persons who are not members of the Commission.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Commission, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Commission) or wholly of persons who are not members of the Commission or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Commission.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Commission may make arrangements for the exercise, on behalf of the Commission, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Commission in each case subject to such restrictions and conditions as the Commission thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Commission shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Commission shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Commission may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Commission; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Commission at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matters or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Commission may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Commission while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where a chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Commission and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Commission) as it applies to a member of the Commission.
9
In this regulation —
“public body” includes
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Commission
11
The Commission shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Stockport Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd 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 Stockport 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 Stockport Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st 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 Stockport 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 Stockport 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 Stockport 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
12th Feburary 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wyre Forest Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th January 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 Wyre Forest 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 Wyre Forest Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st 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 Worcestershire 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 member 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 Worcestershire 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 Worcestershire Community and Mental Health 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.
5
The Worcestershire Acute 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
Yvette Cooper
Parliamentary under Secretary of State for Public Health,
Department of Health
15th January 2001


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001.
2
Subject to paragraph (3), this Order comes into force on the day on which section 19 of the Act comes into force.
3
This Order comes into force —
a
for the purposes of article 4(g), on 1st January 2002; and
b
for the purposes of article 4(h), nine months after the day on which section 19 of the Act comes into force.
Interpretation
2
1
In this Order —
“the Act” means the Financial Services and Markets Act 2000;
“contractually based investment” has the meaning given by article 3(1) of the Regulated Activities Order ;
“occupational pension scheme” and “personal pension scheme” have the meaning given by section 1 of the Pension Schemes Act 1993 ;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“relevant investment” means a security or a contractually based investment;
“security” has the meaning given by article 3(1) of the Regulated Activities Order;
“syndicate” has the meaning given by article 3(1) of the Regulated Activities Order.
2
For the purposes of this Order, a person is a member of a personal pension scheme if he is a person to or in respect of whom benefits are or may become payable under the scheme.
Activities to which exemption from the general prohibition does not apply
3
The activities in articles 4 to 8 are specified for the purposes of section 327(6) of the Act.
4
An activity of the kind specified by any of the following provisions of the Regulated Activities Order —
a
article 5 (accepting deposits);
b
article 10 (effecting and carrying out contracts of insurance);
c
article 14 (dealing in investments as principal);
d
article 51 (establishing etc. a collective investment scheme);
e
article 52 (establishing etc. a stakeholder pension scheme);
f
article 57 (managing the underwriting capacity of a Lloyd’s syndicate);
g
article 59 (funeral plan contracts);
h
article 61 (regulated mortgage contracts).
5
1
An activity of the kind specified by article 37 of the Regulated Activities Order (managing investments) in so far as it consists of buying or subscribing for a relevant investment.
2
Paragraph (1) does not apply —
a
if all routine or day to day decisions, so far as relating to that activity, are taken by an authorised person with permission to carry on that activity or by a person who is an exempt person in relation to such an activity; or
b
to an activity undertaken in accordance with the advice of an authorised person with permission to give advice in relation to such an activity or a person who is an exempt person in relation to the giving of such advice.
6
1
An activity of the kind specified by article 53 of the Regulated Activities Order (advising on investments) where the advice in question falls within either paragraph (2) or (3).
2
Subject to paragraph (4), advice falls within this paragraph in so far as —
a
it is given to an individual (or his agent) other than where the individual acts —
i
in connection with the carrying on of a business of any kind by himself or by an undertaking of which he is, or would become as a result of the transaction to which the advice relates, a controller; or
ii
in his capacity as a trustee of an occupational pension scheme;
b
it consists of a recommendation to buy or subscribe for a particular relevant investment; and
c
the transaction to which the advice relates would be made —
i
with a person acting in the course of carrying on the business of buying, selling, subscribing for or underwriting the relevant investment, whether as principal or agent;
ii
on an investment exchange or any other market to which that investment is admitted for dealing; or
iii
in response to an invitation to subscribe for a relevant investment which is, or is to be, admitted for dealing on an investment exchange or any other market.
3
Subject to paragraph (4), advice falls within this paragraph in so far as it consists of a recommendation to a member of a personal pension scheme (or his agent) to dispose of any rights or interests which the member has in or under the scheme.
4
Advice does not fall within paragraph (2) or (3) if it endorses a corresponding recommendation given to the individual (or, as the case may be, the member) by an authorised person with permission to give advice in relation to the proposed transaction or a person who is an exempt person in relation to the giving of such advice.
7
1
Advising a person to become a member of a particular Lloyd’s syndicate.
2
Paragraph (1) does not apply to advice which endorses that of an authorised person with permission to give such advice or a person who is an exempt person in relation to the giving of such advice.
8
Agreeing to carry on any of the activities mentioned in articles 4 to 7 other than the activities mentioned in article 4(a), (b), (d) and (e).
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
27th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 3) Regulations 2001 and shall come into force on 24th May 2001, except regulation 5(b), which shall come into force on 24th June 2001.
2
These Regulations extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 19
3
In regulation 19 (Statement of Dental Remuneration) —
a
in column 2 of the Table set out below paragraph (1) for the entry “Postgraduate education allowances” substitute “Continuing professional development allowances”,
b
at the end of that Table insert in column (1) the Roman numeral “X” and insert in column (2) “Clinical audit allowances”.
Amendment of regulation 20
4
In regulation 20 (approval of payments) in paragraph (4) for “ VIII and IX ” substitute “VIII, IX and X”.
Amendment of Schedule 1
5
In Schedule 1 (terms of service for dentists) —
a
after paragraph 31D (professional indemnity) insert —
Clinical audit activities
31E
1
In the relevant period a dentist shall —
a
undertake at least 15 hours of clinical audit activities, and
b
take reasonable steps to ensure that any assistant of his also undertakes such activities.
2
In this paragraph —
“clinical audit activities” means activities which involve the systematic and critical analysis of the quality of dental care provided by the dentist, including the processes used by him for diagnosis, intervention and treatment and his use of resources, and may include peer review by means of participation in meetings of a group of not less than 4 dentists where such a group considers the quality and performance of specific treatments and approaches to treatment, and
“the relevant period” means —
subject to head (b) below, where a dentist’s name is included in a dental list and he is providing dental services —
on 24th May 2001, the period of three years commencing on that date,
from a date after 24th May 2001, the period of three years commencing with that later date,
and each successive period of three years thereafter;
where a dentist’s name remains included in a dental list but he does not provide dental services during any continuous period in excess of thirteen weeks, the period specified in head (a), to which is added any such continuous period during which he is not providing dental services.
; and
b
after paragraph 31E (as inserted by paragraph (b) above) insert —
Quality assurance system
31F
1
A dentist shall establish, and operate in accordance with this paragraph, a practice based quality assurance system which is applicable to all the persons specified in sub-paragraph (2).
2
The specified persons are —
a
the dentist,
b
any other dentist either employed by him or engaged as a deputy, and
c
any employee of the dentist other than one falling within head (b) above.
3
A dentist shall ensure that in respect of his practice based quality assurance system, he has specified a person (who need not be connected with the dentist’s practice) to be responsible for operating that system.
4
A dentist shall ensure that in respect of his practice based quality assurance system, there is displayed in a prominent position in his practice premises, in a part to which patients have access, a written statement relating to his commitment to the matters referred to in sub-paragraph (5).
5
In this paragraph and in paragraph 31G “a practice based quality assurance system” means one which comprises —
a
a system to ensure that all dental care provided is of a consistent quality,
b
a system to ensure that effective measures of infection control are used,
c
a system to ensure that all legal requirements relating to health and safety in the workplace are satisfied,
d
a system to ensure that all legal requirements relating to radiological protection are satisfied, and
e
a system to ensure that any requirements of the General Dental Council in respect of the continuing professional development of dentists are satisfied.
Quality assurance system return
31G
1
Subject to sub-paragraph (3), a dentist whose name is included in the dental list shall provide to the Health Authority by 30th June each year a written return which states —
a
whether there has been compliance with all the systems specified in paragraph 31F(5) in respect of the period of 12 months ending on 31st March each year, and
b
whether any changes to his practice or procedures have occurred as a result of the operation of the practice based quality assurance system and if so, the nature of those changes.
2
Where a dentist practises in partnership with one or more other dentists whose names are included in the dental list, the information referred to in sub-paragraph (1) shall be provided in respect of the partnership as a whole instead of by each dentist individually.
3
The return to be provided by 30th June 2002 shall relate to the period from 24th June 2001 to 31st March 2002.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
2nd May 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Offers of Securities) Order 2001 and comes into force on the day on which section 74(1) comes into force.
Interpretation
2
1
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the Public Offers of Securities Regulations ” means the Public Offers of Securities Regulations 1995 ; and
“the Regulated Activities Order ” means the Financial Services and Markets Act 2001 (Regulated Activities) Order 2001 .
2
Any reference in this Order to a section or Schedule is, unless otherwise stated or unless the context otherwise requires, a reference to that section of or Schedule to the Act.
Listing rules about non-listing prospectuses
3
For the purposes of section 87(4) there are specified, as provisions to which the power of the competent authority to make listing rules about the timing and manner of publication of a non-listing prospectus is subject, the provisions of the Public Offers of Securities Regulations.
Public authorities
4
For the purposes of paragraphs 8(2)(e) and 23(2)(e) of Schedule 11 (bodies which are included within the category of “public authority”) there are specified the following bodies —
a
the National Assembly for Wales;
b
a Northern Ireland department; and
c
the Scottish Administration.
Exchange of shares
5
For the purposes of paragraph 15 of Schedule 11 (exchange of shares) there are specified the following kinds of investments relating to shares —
a
any investment of the kind specified by article 79 of the Regulated Activities Order (instruments giving entitlements to investments) insofar as relating to investments of the kind specified by article 76 of that Order (shares); and
b
any investment of the kind specified by article 80 of the Regulated Activities Order (certificates representing securities) insofar as relating to investments of the kind specified by article 76 of that Order (shares).
Convertible securities
6
1
For the purposes of paragraph 17(1) of Schedule 11 (convertible securities) there are specified the provisions of —
a
Part III of the Companies Act 1985 ; and
b
the Public Offers of Securities Regulations.
2
For the purposes of paragraph 17(2) of Schedule 11 (convertible securities) there is specified any security which is —
a
an investment of the kind specified by article 77 of the Regulated Activities Order (instruments creating or acknowledging indebtedness);
b
an investment of the kind specified by article 79 of the Regulated Activities Order (instruments giving entitlements to investments) insofar as relating to investments of the kind specified by article 76 of that Order (shares); or
c
an investment of the kind specified by article 80 of the Regulated Activities Order (certificates representing securities) insofar as relating to investments of the kind specified by article 76 of that Order (shares).
3
For the purposes of paragraph 2(b) and (c) above, paragraph (3) of article 76 of the Regulated Activities Order (exclusion relating to building societies, industrial and provident societies, credit unions, and equivalent bodies in other EEA States) is to be disregarded.
Same class securities
7
For the purposes of paragraph 21 of Schedule 11 (same class securities) there are specified the provisions of the Public Offers of Securities Regulations.
Short date securities
8
For the purposes of paragraph 22 of Schedule 11 (short date securities) there are specified investments of the kind specified by article 77 of the Regulated Activities Order (instruments creating or acknowledging indebtedness).
Government securities
9
For the purposes of paragraph 23(1) of Schedule 11 (Government and public securities) there are specified the following kinds of investments, namely loan stock, bonds and other instruments.
Shares
10
For the purposes of paragraph 25 of Schedule 11 (definition of shares) “shares” means any investment of the kind specified by article 76 of the Regulated Activities Order (shares).
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Credits and Incapacity Benefit) Amendment Regulations 2001 and shall come into force —
a
except for the purposes of regulation 3, on 26th March 2001;
b
for the purposes of regulation 3, on 6th April 2001 immediately after the coming into force of regulation 2(2) of the Social Security (Incapacity Benefit) Miscellaneous Amendments Regulations 2000 .
Amendment of the Social Security (Credits) Regulations 1975
2
After regulation 9C of the Social Security (Credits) Regulations 1975 (credits for maternity pay period), insert —
Credits for certain periods of imprisonment or detention in legal custody
9D
1
Subject to paragraphs (2) and (4), for the purposes of entitlement to any benefit by virtue of a person’s earnings or contributions, where —
a
a person is imprisoned or otherwise detained in legal custody by reason of his conviction of an offence or convictions in respect of 2 or more offences;
b
that conviction or, as the case may be, each of those convictions is subsequently quashed by the Crown Court, the Court of Appeal or the High Court of Justiciary; and
c
he is released from that imprisonment or detention, whether prior, or pursuant, to the quashing of that conviction or, as the case may be, each of those convictions,
that person shall, if he has made an application in writing to the Secretary of State for the purpose, be entitled to be credited with earnings or, in the case of any year earlier than 1987–88, contributions, in accordance with paragraph (3).
2
Paragraph (1) shall not apply in respect of any period during which the person was also imprisoned or otherwise detained in legal custody for reasons unconnected with the conviction or convictions referred to in that paragraph.
3
The earnings or, as the case may be, the contributions referred to in paragraph (1) are, in respect of any week in any part of which the person was —
a
detained in legal custody —
i
prior to the conviction or convictions referred to in that paragraph, but,
ii
for the purposes of any proceedings in relation to any offence referred to in sub-paragraph (a) of that paragraph; or
b
imprisoned or otherwise detained in legal custody by reason of that conviction or those convictions,
those necessary for the purpose of bringing his earnings factor, for the year in which such a week falls, to the level required to make that year a reckonable year.
4
Subject to paragraph (5), paragraph (1) shall not apply to a woman in respect of any week referred to in paragraph (3) in any part of which she was a married woman in respect of whom an election made by her under regulations made under section 19(4) of the Contributions and Benefits Act had effect.
5
Paragraph (4) shall not apply to any woman —
a
who was imprisoned or otherwise detained in legal custody as referred to in paragraph (3) for a continuous period which included 2 complete years; and
b
whose election ceased to have effect in accordance with regulation 101(1)(c) of the Social Security (Contributions) Regulations 1979 (which provides for an election to cease to have effect at the end of 2 consecutive years which began on or after 6th April 1978 during which the woman is not liable for primary Class 1 or Class 2 contributions).
6
An application referred to in paragraph (1) may be transmitted by electronic means.
.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 2B(2) of the Social Security (Incapacity Benefit) Regulations 1994 (relaxation of the first contribution condition in certain cases) after sub-paragraph (b), insert —
ba
he is, in respect of any week in any tax year preceding the relevant benefit year, a person who —
i
is entitled to be credited with earnings or, as the case may be, contributions in accordance with regulation 9D of the Social Security (Credits) Regulations 1975 (credits for certain periods of imprisonment or detention in legal custody), or
ii
would be so entitled had he made an application to the Secretary of State for the purpose of that regulation;
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
26th February 2001