text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Cheshire Hospitals National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 19th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Cheshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the North Cheshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:
a
Halton General Hospital, Hospital Way, Runcorn, Cheshire;
b
Warrington District Hospital, Lovely Lane, Warrington, Cheshire
and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts,
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The North Cheshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th February 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Subtitling) Order 2001 and shall come into force on the day after the day on which it is made.
Amendment of section 20(3) of the Broadcasting Act 1996
2
In section 20(3)(a) of the Broadcasting Act 1996, for “50 per cent.” there is substituted “80 per cent.”.
Tessa Jowell
Secretary of State for Culture, Media and Sport
3rd July 2001


text:
Title and commencement
1
These Regulations may be cited as the Organic Farming (England Rural Development Programme) (Amendment) Regulations 2001 and shall come into force on 10th October 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Organic Farming (England Rural Development Programme) Regulations 2001 .
Amendment to the principal Regulations
3
1
In regulation 4 of the principal Regulations, paragraph (2)(a) shall be deleted.
2
After regulation 9 of the principal Regulations, there shall be inserted the following regulation —
Applicants affected by FMD
9A
1
Regulations 4, 5 and 9 shall have effect subject to this regulation.
2
This regulation applies in relation to an applicant affected by FMD.
3
The undertaking specified in regulation 4(2)(b)(i) shall apply only to that part of the specified period beginning with the date on which a certificate of registration is issued to the applicant in respect of the first organic parcel.
4
The Minister may accept an application notwithstanding that the condition in regulation 5(1)(a) is not satisfied, provided that —
a
where a request for a certificate of registration has been received by the inspection authority before 14th August 2001, and on 13th August 2001 the organic parcel to which the application relates was subject to FMD restrictions, the conditions in paragraph (5) are satisfied; and
b
where —
i
the request for a certificate of registration has been received by the inspection authority after 13th August 2001; or
ii
the request for a certificate of registration has been received by the inspection authority before 14th August 2001, but the organic parcel in question became subject to FMD restrictions after 13th August 2001;
the conditions in paragraph (6) are satisfied.
5
The conditions referred to in paragraph (4)(a) are that —
a
the application was received by the Minister before 14th February 2002; and
b
the Minister has received an FMD certification in respect of the organic parcel in question.
6
The conditions referred to in paragraph (4)(b) are that the application was received by the Minister by the requisite time and was accompanied by an FMD certification in respect of the organic parcel in question.
7
Regulation 5(1)(b) shall not apply.
8
Regulation 9 shall apply as if, after paragraph (4), there were inserted the following paragraph —
5
No payment of aid shall be made in respect of an organic parcel in respect of which an FMD certification has been given to the applicant unless the Minister has received a declaration of the kind referred to in regulation 5(1)(b) in such form and manner as the Minister may determine, in respect of the organic unit comprising that organic parcel.
.
9
For the purposes of this regulation —
a
“applicant affected by FMD” means an applicant to whom an inspection authority has given an FMD certification or on whose behalf an inspection authority has given an FMD certification to the Minister;
b
“FMD” means foot-and-mouth disease;
c
“FMD certification” means a certificate given by an inspection authority in relation to an organic parcel to the effect that, at the date of certification, the organic parcel is subject to FMD restrictions as a consequence of which inspection of the land comprised in that organic parcel is impracticable;
d
“FMD restrictions” means restrictions imposed by or as a consequence of the following —
i
a notice served under article 5(1) of the 1983 Order ;
ii
a notice served under article 13(1) of the 1983 Order;
iii
an order made under article 17(1) of the 1983 Order;
iv
an order made under article 29C(1) of the 1983 Order; or
v
a notice served under article 38 of the 1983 Order which prohibits the movement of any person into, within or out of the organic parcel to which the application relates;
e
“the 1983 Order” means the Foot-and-Mouth Disease Order 1983 ;
f
“the relevant date”, in relation to an organic parcel, means the date on which the inspection authority is informed of the imposition of FMD restrictions in relation to that organic parcel;
g
“the requisite time” means whichever is the earlier of —
i
the expiry of six months from the relevant date; and
ii
29th March 2002.
.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
12th September 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2001 and shall come into force on 6th April 2001.
2
The amendment made by regulation 9 shall have effect in relation to any time in the tax year beginning with 6th April 2000, and to subsequent tax years, and the amendments made by the other provisions of these Regulations shall have effect in relation to the tax year beginning with 6th April 2001 and to subsequent tax years.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 , and, in the following provisions of these Regulations, except where otherwise expressly provided, a reference to a numbered regulation or Schedule is a reference to the regulation of, or Schedule to, the principal Regulations which bears that number.
Amendment of the principal Regulations
3
Amend the principal Regulations in accordance with the following provisions of these Regulations.
4
In regulation 1(2) (interpretation) after the definition of “British ship” insert —
“cash voucher” has the meaning given to it in section 143 of the Income and Corporation Taxes Act 1988 (cash vouchers taxable under PAYE ) ;
.
5
For regulation 18 (calculation of earnings) substitute —
Calculation of earnings for the purpose of earnings-related contributions
18
For the purpose of determining the amount of earnings-related contributions, the amount of a person’s earnings from employed earner’s employment shall be calculated on the basis of his gross earnings from the employment or employments in question.
This is subject to the provisions of Schedule 1ZB (calculation of earnings for the purposes of earnings-related contributions in particular cases) and Schedule 1ZC to these Regulations (payments to be disregarded in the calculation of earnings).
.
6
For regulation 19 (payments to be disregarded in the calculation of earnings) substitute —
Payments to be disregarded in the calculation of earnings for the purpose of earnings-related contributions
19
Schedule 1ZC specifies payments which are to be disregarded in the calculation of earnings from employed earner’s employment for the purpose of earnings-related contributions.
.
7
1
Amend regulation 22HA (prescribed emoluments in respect of which Class 1A contributions are not payable) as follows.
2
In paragraph (2), for the words from “by virtue of” to the end substitute —
by virtue of the following provisions of Schedule 1ZC to these Regulations —
in Part VI, paragraphs 4 to 7;
in Part VIII, paragraphs 4, 5 and 12;
in Part IX, paragraphs 2 to 7; and
in Part X, paragraphs 5, 9 and 11 to 13.
.
3
In paragraph (3) —
a
for “regulation 19(1)(d) of these Regulations” substitute “paragraph 1 of Part II of Schedule 1ZC to these Regulations (payments in kind)”;
b
for “regulation 19(1)(zg) of these Regulations” substitute “paragraph 3 of Part VIII of Schedule 1ZC to these Regulations (qualifying travelling expenses)”; and
c
for “regulation 19(4)(b) of these Regulations” substitute “paragraph 9 of Part VIII of Schedule 1ZC to these Regulations (specific and distinct expenses)”.
4
In paragraph (4) for “regulation 19(1)(zc)(ii) of these Regulations” substitute “paragraph 2(2)(b) of Part VIII of Schedule 1ZC to these Regulations (relocation expenses where the relevant change occurred before 6th April 1998)”.
5
In paragraph (7) for sub-paragraph (g) substitute —
g
A57 (staff suggestion schemes);
.
8
In regulation 43D(2)(Class 2 and Class 3 contributions paid late through ignorance or error) for the words from “the amount of such a contribution” to the end substitute —
the amount of that contribution shall be calculated by reference to the weekly rate at which a contribution paid under section 12 of the Social Security Contributions and Benefits Act 1992 would have been payable if it had been paid at the time when the period began.
.
9
In regulation 119(2)(b) (conditions as to residence or presence in Great Britain and liability for Class 1A contribution) for “in respect of any car” substitute “in respect of something”.
10
After Schedule 1ZA (elections about share option gains) insert (as Schedule 1ZB) the Schedule set out in Schedule 1 to these Regulations.
11
After Schedule 1ZB (inserted by regulation 10 of these Regulations) insert (as Schedule 1ZC) the Schedule set out in Schedule 2 to these Regulations.
12
Omit Schedules 1A , 1B and 1C .
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 2001
The Secretary of State hereby concurs.
Jeff Rooker
Minister of State
Department of Social Security
26th February 2001


text:
Citation and commencement
1
This Order may be cited as the High Court and County Courts Jurisdiction (Amendment) Order 2001 and shall come into force on 1st June 2001.
Amendments to the High Court and County Courts Jurisdiction Order 1991
2
The High Court and County Courts Jurisdiction Order 1991 shall be amended as follows.
3
In article 8A of the High Court and County Courts Jurisdiction Order 1991 —
a
for the title, substitute “Enforcement of traffic penalties”;
b
for paragraph (a), substitute —
a
increased penalty charges provided for in charge certificates issued under —
i
paragraph 6 of Schedule 6 to the 1991 Act ; and
ii
paragraph 8 of Schedule 1 to the London Local Authorities Act 1996 ;
.
c
after paragraph (b), insert —
; and
c
fixed penalties payable under fixed penalty notices issued under regulation 5 of the Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997
.
Irvine of Lairg, C.
Dated 30th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Jobcentre Plus Interviews) Regulations 2001 and shall come into force on 22nd October 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1998 Act ” means the Social Security Act 1998 ;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“bereavement benefit” means any benefit, other than a bereavement payment, falling within section 20(1)(ea) of the Contributions and Benefits Act ;
““the Careers Service” means —
In England and Wales, a person with whom the Secretary of State or, as the case may be, the National Assembly for Wales, have made arrangements under section 10(1) of the Employment and Training Act 1973 or a local education authority to whom a direction has been given by the Secretary of State or the National Assembly for Wales under section 10(2) of that Act;
in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973 or any education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 114(2)(b) of the Learning and Skills Act 2000 and section 10(2) of the Employment and Training Act 1973;
“interview” means a work-focused interview with a relevant person who has claimed a specified benefit at an office designated by the Secretary of State as a Jobcentre Plus office and which is conducted for any or all of the following purposes —
assessing that person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that person to enhance his prospects of such employment;
identifying activities which that person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment or training opportunities suitable to that person’s needs; and
identifying educational opportunities connected with the existing or future employment prospects or needs of that person;
“officer” means an officer of, or providing services to, the Secretary of State;
“specified benefit” means income support, incapacity benefit, invalid care allowance, severe disablement allowance and any bereavement benefit.
2
In these Regulations, a “relevant person” means a person who resides in an area identified in Schedule 1.
3
For the purposes of these Regulations —
a
a person shall be deemed to be in remunerative work where he is in remunerative work within the meaning prescribed in regulation 4 of the Housing Benefit (General) Regulations 1987 ; and
b
a person shall be treated as engaged in part-time work where he is engaged in work for which payment is made but he is not engaged or treated as engaged in remunerative work.
4
These Regulations apply in respect of a specified benefit claimed on or after 22nd October 2001 by a relevant person who, on that date, resides in an area specified in Schedule 1.
5
Where a claim for benefit is made by a person (“the appointee”) on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.
6
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to a regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number;
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
Requirement for relevant persons to take part in an interview
3
1
Subject to regulations 5 to 8, a relevant person who —
a
makes a claim for a specified benefit;
b
has attained the age of 16 but has not attained the age of 60 as at the date on which he makes that claim; and
c
is not in remunerative work,
is required to take part in an interview.
2
An officer shall, except where paragraph (3) applies, conduct the interview.
3
The Secretary of State may, if he considers it appropriate in all the circumstances, arrange for a person who has not attained the age of 18 to have an interview with an officer of the Careers Service or with an officer of the Connexions Service.
Continuing entitlement dependent on an interview
4
1
Subject to regulations 5 to 7, a relevant person who has not attained the age of 60 and who is entitled to a specified benefit, shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and —
a
in the case of a lone parent who has attained the age of 18 and who has not made a claim for either incapacity benefit or severe disablement allowance, paragraph (3) applies; or
b
in any other case, any of the circumstances specified in paragraph (4) apply or where paragraph (5) applies.
2
This paragraph applies in the case of a person who has taken part in an interview under regulation 3 or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 5 or deferred in accordance with regulation 6.
3
A lone parent to whom paragraph (1)(a) applies shall be required to take part in an interview —
a
after the expiry of six months from the date on which —
i
he took part in an interview under regulation 3; or
ii
a determination was made under regulation 5(1) that he was to be treated as having taken part in an interview under regulation 3;
b
where the lone parent took part, failed to take part, or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (a), after the expiry of six months from the date on which —
i
he took part in that interview;
ii
he failed to take part in that interview; or
iii
a determination was made under regulation 5(1) that he was to be treated as having taken part in that interview; and
c
where the lone parent took part, failed to take part or was treated as having taken part, in an interview pursuant to the requirement arising in sub-paragraph (b), after the expiry of twelve months from the date on which —
i
he last took part in an interview;
ii
he last failed to take part in an interview; or
iii
a determination was last made under regulation 5(1) that he was treated as having taken part in an interview.
4
The circumstances specified in this paragraph are those where —
a
it is determined in accordance with a personal capability assessment that a person is incapable of work and therefore, continues to be entitled to a specified benefit;
b
a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;
c
a person becomes engaged or ceases to be engaged in part-time work;
d
a person has been undergoing education or training arranged by an officer and that education or training comes to an end; and
e
a person who has not attained the age of 18 and who has previously undertaken an interview, attains the age of 18.
5
A requirement to take part in an interview arises under this paragraph where a person has not been required to take part in an interview by virtue of paragraph (4) for at least 36 months.
6
In this regulation “lone parent” has the meaning it bears in regulation 2(1) of the Income Support (General) Regulations 1987 .
Waiver
5
1
A requirement imposed by these Regulations to take part in an interview shall not apply if the Secretary of State determines that an interview would not —
a
be of assistance to the relevant person; or
b
be appropriate in the circumstances.
2
A person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of —
a
regulation 3 or 4; and
b
any claim for, or entitlement to, a specified benefit,
as having complied with that requirement.
Deferment of requirement to take part in an interview
6
1
Except in a case to which paragraph (2) applies, an officer shall arrange for an interview to take place as soon as reasonably practicable after the claim is made or the requirement, under regulation 4(3) to (5), arises.
2
This paragraph applies where an officer determines, in the case of any particular person, that the requirement to take part in an interview shall not apply at the time the claim is made or the event occurs because an interview would not at that time —
a
be of assistance to that person; or
b
be appropriate in the circumstances.
3
An officer who determines in accordance with paragraph (2) that the requirement to take part in an interview shall not apply, shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the claimant’s case.
4
Where an interview has been deferred in accordance with this regulation, then until both —
a
a determination has been made that the claimant is to take part in an interview; and
b
a determination has been made as to whether the claimant in fact took part in an interview,
he shall be treated for the purposes of any claim for, or entitlement to, a specified benefit as having complied with any requirement to take part in an interview.
Exemptions
7
1
Subject to paragraph (2), persons who, as at the date on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 arises —
a
are engaged in remunerative work; or
b
are claiming, or are entitled to, a jobseeker’s allowance,
shall be exempt from the requirement to take part in an interview in accordance with regulation 3 or 4.
2
Paragraph (1)(b) shall not apply where —
a
a joint-claim couple (as defined for the purposes of section 1(4) of the Jobseekers Act 1995 ) have claimed a jobseeker’s allowance; and
b
a member of that couple is a person to whom regulation 3D(1)(c) of the Jobseeker’s Allowance Regulations 1996 (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance) applies.
Claims for two or more specified benefits
8
A person who would otherwise be required under these Regulations to take part in interviews relating to more than one specified benefit —
a
is only required to take part in one interview; and
b
that interview counts for the purposes of all those benefits.
The interview
9
1
An officer shall inform the relevant person of the place and time of the interview.
2
An officer may determine that an interview is to take place in the home of a relevant person where it would, in the opinion of the officer, be unreasonable to expect that person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Taking part in an interview
10
1
An officer shall determine whether a relevant person has taken part in an interview.
2
A relevant person shall be regarded as having taken part in an interview if and only if —
a
he attends for the interview at the place and time notified to him by an officer; and
b
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which, in his opinion, puts him at a disadvantage in obtaining employment; and
vii
any caring or childcare responsibilities he has.
3
A relevant person who has not attained the age of 18 shall also be regarded as having taken part in an interview if he attends an interview with the Careers Service or the Connexions Service at the place and time notified to him by an officer.
Failure to take part in an interview
11
1
A person who —
a
has been notified of any interview in accordance with these Regulations;
b
fails to take part in that interview; and
c
fails to show before the end of five working days following the day on which the interview was to take place, good cause for his failure to take part in the interview,
shall, subject to paragraph (12), suffer the consequences set out below.
2
Those consequences are —
a
where the interview arose in connection with a claim for a specified benefit, that the person to whom the claim relates is to be regarded as not having made a claim for a specified benefit;
b
where an interview which arose in connection with a claim for a specified benefit was deferred and benefit became payable in accordance with regulation 6(4), that the person’s entitlement to that benefit shall terminate as from the first day of the next benefit week following the date the decision was made;
c
where the claimant has an award of benefit and the requirement for the interview arose under regulation 4, the claimant’s benefit shall be reduced as from the first day of the next benefit week following the day the decision was made, by a sum equal (but subject to paragraphs (3) and (4)) to 20 per cent. of the amount applicable on the date the deduction commences in respect of a single claimant for income support aged not less than 25.
3
Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below 10 pence per week.
4
Where two or more specified benefits are in payment to a claimant, a deduction made in accordance with this regulation shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority —
a
income support;
b
incapacity benefit;
c
any bereavement benefit;
d
invalid care allowance;
e
severe disablement allowance.
5
Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.
6
For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5), 10 pence shall be added to the amount of the reduction.
7
In a case where the whole of the reduction cannot be applied against any one specified benefit because no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities at paragraph (4) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to 10 pence remaining in payment.
8
Where the rate of any specified benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that claimant following the change.
9
Where a claimant whose benefit has been reduced in accordance with this regulation subsequently takes part in an interview, the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.
10
For the avoidance of doubt, a person who is regarded as not having made a claim for any benefit because he failed to take part in an interview shall be required to make a new claim in order to establish entitlement to any specified benefit.
11
For the purposes of determining the amount of any benefit payable, a claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.
12
The consequences set out in this regulation shall not apply in the case of a person who brings new facts to the notice of the officer within one month of the date on which the decision was notified and —
a
those facts could not reasonably have been brought to the officer’s notice within five working days of the day on which the interview was to take place; and
b
those facts show that he had good cause for his failure to take part in the interview.
13
In paragraphs (2) and (12), the “decision” means the decision that the person failed without good cause to take part in an interview.
Circumstances where regulation 11 does not apply
12
The consequences of a failure to take part in an interview set out in regulation 11 shall not apply where the person —
a
ceases to reside in an area specified in Schedule 1; or
b
attains the age of 60.
Good cause
13
Matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include —
a
that the person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the person or any misleading information given to the person by an officer;
b
that the person was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
that the person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the person belongs prevented him attending on that day or at that time;
e
that the person was attending an interview with an employer with a view to obtaining employment;
f
that the person was actually pursuing employment opportunities as a self-employed earner;
g
that the person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a chronic condition;
h
that he was attending the funeral of a close friend or relative on the day fixed for the interview;
i
that a disability from which the person suffers made it impracticable for him to attend at the time fixed for the interview.
Appeals
14
1
This regulation applies to any relevant decision of the Secretary of State made under these Regulations or any decision under section 10 of the 1998 Act superseding such a decision.
2
This regulation applies —
a
whether the decision is as originally made or as revised under section 9 of the 1998 Act; and
b
as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.
3
In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act to an appeal tribunal.
Amendments to Regulations
15
The Social Security (Claims and Payments) Regulations 1987 , the Social Security (Work-focused Interviews) Regulations 2000 and the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 shall be amended in accordance with Schedule 2.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st September 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Mumps Surface Crossing) Order 2001 and shall come into force on 2nd March 2001.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1994 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1994 ;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 4(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 ;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or agreement, where the unexpired term of that lease or agreement exceeds 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the New Roads and Street Works Act 1991 ;
“street tramway” means any part of a transit system which is laid along a street —
whether or not the section of the street in which its rails are laid may be used by other traffic, or
whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“tramroad” means any part of a transit system which is not a street tramway;
“transit system” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels, and
are laid in part along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“ the tribunal ” means the Lands Tribunal;
“ the undertaker ” means Greater Manchester Passenger Transport Executive;
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
References in this Order to rights over land include reference to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
Except in articles 3(5) and 15(2) below, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
4
References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the works plans.
5
All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a street tramway or tramroad shall be taken to be measured along the street tramway or tramroad.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain works
3
1
Subject to paragraphs (5) and (6) below, the undertaker may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of, the scheduled works, namely —
a
stations, platforms and stopping places,
b
works required for, or in connection with, the control of any vehicular and pedestrian traffic on the authorised works,
c
works for the strengthening, alteration or demolition of any building or structure,
d
works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables,
e
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
f
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other authorised works, and
g
replacement facilities and works for the benefit or protection of premises affected by the other authorised works.
4
The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled works.
5
If the undertaker constructs the scheduled works, the undertaker shall not construct Work No. 5, the substituted portion of Work No. 5, or Work No. 7 described in section 4(2) of the 1994 Act or exercise the powers conferred by section 5(1)(f) and (g) of that Act.
6
If the undertaker constructs those works authorised by, or those powers conferred by, the 1994 Act which are referred to in paragraph (5) above, the undertaker shall not construct the scheduled works.
Power to deviate
4
1
In constructing or maintaining either of the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 3 metres upwards, and
ii
to any extent downwards.
2
The undertaker may in constructing or maintaining either of the scheduled works lay down —
a
double lines of rails in lieu of single lines,
b
single lines of rails in lieu of double lines,
c
interlacing lines of rails in lieu of double or single lines, or
d
double or single lines of rails in lieu of interlacing lines.
3
The power in paragraph (2) above shall not be exercised in the case of Work No. 1 without the consent of the street authority, but such consent shall not be unreasonably withheld.
4
the undertaker may in constructing and maintaining Work No. 2 provide within the limits of deviation such number of lines of rails and sidings as may be necessary or expedient.
Application of the Greater Manchester (Light Rapid Transit System) Act 1994
5
1
The following provisions of the 1994 Act shall apply to the scheduled works as if they were works authorised by that Act and as if Work No. 1 were included in the definition of “the tramway” and Work No. 2 were included within the definition of “the tramroads” in section 2 of that Act: —
section 6 (gauge of tramroads and tramway), section 8 (plans to be approved by Secretary of State before works commenced), section 9 (approval of Secretary of State), section 10 (certain works to be deemed tramways, etc. ), section 11 (extension of powers).
2
Section 11 of the 1994 Act as applied by paragraph (1) above shall have effect as if, in subsection (2)(d), in addition to the reference to West Street and Winterbottom Street, there were a reference to the highway at the junction of Wallshaw Street and Mumps and the highway at the junction of Wallshaw Place and Bottom O' Th' Moor.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
6
The undertaker may acquire compulsorily —
a
so much of the land shown on the land plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for the purposes of the authorised works, and
b
so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the land plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.
Application of Part I of the Compulsory Purchase Act 1965
7
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
8
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette or in a local newspaper circulating in the area in which the land is situated”, and
ii
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 7 above.
Powers to acquire new rights
9
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 6 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
3
Schedule 3 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Rights under or over streets
10
1
The undertaker may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or any other purpose connected with or ancillary to its transit system undertaking.
2
The power under paragraph (1) above may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street and the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
3
Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) above is exercised without the undertaker acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
4
Paragraph (2) above shall not apply in relation to —
a
any subway or underground building, or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street.
Compensation
Disregard of certain interests and improvements
11
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
12
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 7 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
13
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land owned by the undertaker which, being within the limits of land which may be acquired shown on the land plans, is required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the undertaker.
3
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
4
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
Time limit for exercise of powers of acquisition
14
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning on the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
For Protection of Railtrack PLC
15
1
In its application to Railtrack PLC, section 18 (for protection of British Railways Board) of the 1994 Act shall apply to the works authorised by, and the exercise of the powers of, this Order as it applies to the works authorised by, and the exercise of the powers of, the 1994 Act.
2
For the purposes of such application section 18 of the 1994 Act shall have effect as if —
a
references to the railways board were references to Railtrack PLC;
b
references to the Executive were references to the undertaker;
c
references to the 1994 Act were references to this Order; and
d
references in paragraph (19) to Works Nos. 1 and 5 authorised by the 1994 Act were references to the scheduled works.
3
the undertaker shall not in the exercise of the powers of article 10 above appropriate any works of Railtrack PLC in or over Mumps.
4
The compensation payable under paragraph (18) of section 18 of the Act of 1994, as applied by paragraph (1) above, shall include a sum equivalent to the relevant costs.
5
Subject to the terms of any agreement between Railtrack PLC and any train operators regarding the terms of payment of the relevant costs in respect of that train operator, Railtrack PLC shall promptly pay to each train operator the amount of any compensation which Railtrack PLC receives under this paragraph which relates to the relevant costs of that train operator.
6
The obligation under paragraph (4) above to pay Railtrack PLC the relevant costs shall, in the event of default, be enforceable directly by the train operator concerned to the extent that such sums would be payable to that operator pursuant to paragraph (5) above.
7
In this article —
“relevant costs” means the costs, direct losses and expenses (including loss of revenue) reasonably incurred by each train operator as a consequence of any restriction of use of Railtrack PLC’s railway network as a result of the construction or maintenance of the specified works or any such failure, act or omission as is mentioned in the said paragraph (18) as applied by paragraph (1) above; and
“train operator” means any person who operates trains in accordance with a licence under section 8 of the Railways Act 1993 or an exemption order under section 7 of that Act.
Certification of plans etc.
16
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans and the work plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
No double recovery
17
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department of the Environment, Transport and the Regions
9th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gedling 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 Gedling 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 Gedling 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 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 Nottingham Healthcare 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:
1
1
This Order may be cited as the Registration of Political Parties (Fees) Order 2001.
2
This Order shall come into force on 16th February 2001.
3
In this Order “ the Act ” means the Political Parties, Elections and Referendums Act 2000.
4
The Registration of Political Parties (Fees) Order 1998 is hereby revoked.
2
The fee for an application by a party under section 28 of, and Part I of Schedule 4 to, the Act for registration under Part II of the Act is £150.
3
The fee for an application under section 30 of, and Part II of Schedule 4 to, the Act by a party to have its entry in the register altered is £25.
4
The fee for a notification under section 32 or 34(3) of, or paragraph 11(2) of Schedule 23 to, the Act is £25.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
15th January 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Local Authorities (Elected Mayors) (Elections, Terms of Office and Casual Vacancies) (England) Regulations 2001 and shall come into force on 9th August 2001.
2
These Regulations extend to England only and, accordingly, references in these Regulations to a local authority are references to a local authority in England .
3
In these Regulations —
“the 2000 Act ” means the Local Government Act 2000;
“different arrangements” has the same meaning as in section 30 (operation of different executive arrangements) of the 2000 Act;
“elected mayor”, in relation to a local authority, means an individual elected as mayor of the authority by the local government electors for the authority’s area in accordance with the provisions made by or under Part II (arrangements with respect to executives etc. ) of the 2000 Act;
“election”, except in regulation 7, does not include an election to fill a casual vacancy;
“existing arrangements” has the same meaning as in section 30 of the 2000 Act;
“further referendum” means a referendum held in pursuance of the order of an election court under paragraph (3) of regulation 21 (determination of referendum petitions, and subsequent procedures) of the Referendums Regulations ;
“normal election date” means the date on which, but for a provision of regulation 4 of these Regulations, a second or subsequent election would have been held in accordance with regulation 3 or regulation 5, respectively;
“the ordinary day of election”, in relation to any year, means the day in that year on which, in accordance with section 37 of the Representation of the People Act 1983 , councillors are elected for local government areas;
“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II of that Act, other than a further referendum;
“referendum petition” has the same meaning as in the Referendums Regulations ; and
“the Referendums Regulations” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001 .
First election of mayor
2
1
Subject to paragraphs (2) and (3), the first election for the return of an elected mayor of a local authority shall take place on —
a
the first Thursday in May; or
b
the third Thursday in October,
whichever first occurs after the end of the period of three months beginning with the date on which the authority hold a referendum the result of which is to approve proposals for executive arrangements which involve an elected mayor.
2
Subject to paragraph (3), where —
a
an election court —
i
dismisses a referendum petition ; or
ii
in accordance with section 145(1A)(b) of the Representation of the People Act 1983 , reverses the result of a referendum; or
b
the High Court declines to grant leave for the presentation of a referendum petition on the ground mentioned in paragraph (1)(d) of regulation 19 (procedures for questioning a referendum) of the Referendums Regulations ,
the election shall take place on —
aa
the first Thursday in May; or
bb
the third Thursday in October,
whichever first occurs after the end of the period of three months beginning with the date of the decision of the election court or, as the case may be, the High Court.
3
Where no regulations under section 44 (power to make provision about elections) of the 2000 Act are in force on the day that falls two months before the day on which, but for this paragraph, an election would have been held in accordance with paragraph (1) or (2), the election shall take place on —
a
the first Thursday in May; or
b
the third Thursday in October,
whichever first occurs after the end of the period of three months beginning with the date on which regulations under that section come into force.
Second election of mayor
3
1
In the case of an authority to which paragraph (2) applies, the second election for the return of an elected mayor shall, subject to regulation 4, take place on the ordinary day of election in the year in which no ordinary election of councillors of that authority is held which next occurs after the end of the period of 23 months beginning with the date on which the first election for the return of an elected mayor of that authority took place.
2
This paragraph applies to —
a
councils of metropolitan districts; and
b
councils of non-metropolitan districts —
i
whose area is not comprised in the area of a county council; and
ii
whose councillors are elected by thirds .
3
In the case of an authority —
a
to which paragraph (2) does not apply; and
b
whose first elected mayor came into office in the month of May,
the second election for the return of an elected mayor shall, subject to paragraph (5) and regulation 4, take place on the ordinary day of election in such year, being not later than the fifth year after that in which the first election took place, as may be specified in or determined under the authority’s executive arrangements.
4
In the case of an authority —
a
to which paragraph (2) does not apply; and
b
whose first elected mayor came into office in the month of October,
the second election for the return of an elected mayor shall take place, subject to paragraph (5) and regulation 4, on the ordinary day of election in such year, being not later than the sixth year after that in which the first election took place, as may be specified in or determined under the authority’s executive arrangements.
5
In the case of an authority to which paragraph (3) or (4) applies, a second election may not take place before the end of the period of 23 months beginning with the date on which the first election took place.
Elections after referendum to change executive arrangements
4
1
This regulation applies where the result of a referendum held by an authority whose existing arrangements involve an elected mayor is to approve proposals for different arrangements involving an elected mayor (“the referendum for change”).
2
Where the referendum for change is held less than three months before the normal election date, the election subsequent to that referendum shall, subject to regulation 2(2), take place on the next third Thursday in October.
3
Where the referendum for change is held more than three months before the normal election date, the election subsequent to that referendum shall, subject to paragraph (2) of regulation 2 and paragraph (4) of this regulation, take place on the normal election date.
4
Where —
a
the referendum for change is held more than three months before the normal election date; and
b
the elected mayor under the existing arrangements ceases to hold office more than three months before the normal election date,
the election subsequent to that referendum shall, subject to regulation 2(2), take place on —
i
the first Thursday in May; or
ii
the third Thursday in October,
whichever first occurs after the end of the period of three months beginning with the date on which the elected mayor ceases to hold office.
Elections after the second election
5
Elections for the return of elected mayors, other than elections under regulation 2, 3 or 4, shall take place on the ordinary day of election in every fourth year commencing with the fourth year after that in which the second election takes place.
Term of office of elected mayor
6
1
An individual elected as mayor at the first election shall come into office on the fourth day after the election and, unless he resigns or otherwise ceases to hold office, shall hold office, subject to paragraphs (3) to (5), until the fourth day after the second election (when his successor comes into office).
2
An individual elected as mayor at an election other than the first election shall come into office on the day that his predecessor retires and, unless he resigns or otherwise ceases to hold office, shall hold office, subject to paragraphs (3) to (5), until his successor comes into office.
3
Where the result of a referendum held by an authority whose existing arrangements involve an elected mayor is to approve proposals for different arrangements involving an elected mayor, the elected mayor under the existing arrangements shall hold office until the fourth day after the day on which an individual is elected as the elected mayor under the different arrangements.
4
Where the result of a referendum held by an authority whose existing arrangements involve an elected mayor is to approve proposals —
a
for different arrangements that do not involve an elected mayor; or
b
for alternative arrangements ,
the elected mayor under the existing arrangements shall hold office until the fourth day after the date on which, but for this paragraph, a second or subsequent election would have been held in accordance with regulation 3 or regulation 5, respectively.
5
Where the majority of the votes cast in a further referendum are “no ” votes, the elected mayor under the existing arrangements shall hold office until the day on which the authority implement their fall-back proposals in accordance with paragraph (6) of regulation 21 (determination of referendum petitions, and subsequent procedures) of the Referendums Regulations.
Filling of casual vacancies
7
1
Subject to paragraph (2), on a casual vacancy occurring in the office of elected mayor, an election to fill the vacancy shall be held —
a
in a case in which the High Court or the local authority have declared the office to be vacant, within 35 days (computed in accordance with paragraph (3)) from the date of the declaration;
b
in any other case, within 35 days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.
2
A casual vacancy in the office of elected mayor —
a
shall not be filled if the authority are then to adopt different arrangements (whether or not they involve an elected mayor) or alternative arrangements;
b
if it occurs within six months before the day on which the elected mayor would have retired, shall be filled at the election on the day determined by reference to the applicable provision of regulation 3 or, as the case may be, regulation 5.
3
The day of election under paragraph (1) shall be fixed by the returning officer; and in computing a period for the purpose of that paragraph —
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England; and
c
any day appointed as a day of public thanksgiving or mourning,
shall be disregarded.
4
Where, between the giving of a notice of the poll and the completion of the poll, a day is declared to be a bank holiday or day of public thanksgiving or mourning, paragraph (3) shall not operate to invalidate any act which would have been valid apart from that paragraph.
Filling of casual vacancies: supplementary
8
1
For the purpose of filling a casual vacancy in the office of elected mayor, the date on which the vacancy is to be taken to have occurred shall be —
a
in the case of non-acceptance of office, on the expiration of the period appointed under section 83 (declaration of acceptance of office) of the Local Government Act 1972 for the delivery of the declaration;
b
in the case of resignation, on the receipt of the notice of resignation by the person to whom the notice is required to be delivered ;
c
in the case of death, on the date of death;
d
in the case of a disqualification under Part III of the Local Government Finance Act 1982 or by virtue of a conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant order or decision under that Part of that Act or (as the case may be) that conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
e
in the case of his election being declared void on an election petition, on the date of the report or certificate of the election court;
f
in the case of a disqualification under section 79 (decisions of case tribunals) of the 2000 Act, on the expiration of the ordinary period allowed for making an appeal or application with respect to the relevant decision under that section or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;
g
in the case of his ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in sub-paragraphs (a) to (f), or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be.
2
Public notice of a casual vacancy in the office of elected mayor shall be given by the local authority in which the office exists; and the steps to be taken to give public notice in accordance with section 232 (public notices) of the Local Government Act 1972 shall be taken —
a
in a case where the local authority declare the office to be vacant, immediately after the declaration;
b
in any other case, as soon as practicable after the date on which, by virtue of paragraph (1) of this regulation, the vacancy is treated as occurring.
Term of office of persons filling casual vacancies
9
A person elected to fill a casual vacancy in the office of elected mayor shall hold office until the date on which the person in whose place he is elected would have retired (in accordance with regulation 6), and he shall then retire.
signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
13th July 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2001 and shall come into force on 2nd February 2001.
2
In these Regulations “the 1992 Act ” means the Local Government Finance Act 1992.
3
These Regulations have effect in relation to the financial year beginning on 1st April 2001 and in relation to authorities in England only .
Budget requirement (billing authorities) — calculation
2
Section 32 of the 1992 Act shall be read as if —
a
in paragraph (e) of subsection (2) , for the words from “ pursuant to a direction under that subsection” to the end of that paragraph there were substituted the following —
either —
i
pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year, or
ii
pursuant to the Collection Fund (Council Tax Benefit) (England) Direction 2001 made by the Secretary of State under that subsection on 30th January 2001 .
;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below —
“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in column (b) of the Table set out below that paragraph;
“relevant special grant” means any of the following grants, that is to say —
the special grant payable in accordance with paragraphs 4 and 7 of the special grant report for England (Special Grant Report ( No. 72)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 31st January 2001; and
the special grant payable in accordance with paragraphs 5 and 8 of that special grant report; and
the special grant payable in accordance with paragraphs 6 and 9 of that special grant report;
and in this subsection “the relevant police grant report” means the police grant report (Police Grant Report (England and Wales) 2001/02) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 31st January 2001.
.
Basic amount of council tax (billing authorities) — calculation
3
Section 33(3) of the 1992 Act shall be read as if —
a
there were substituted for the formula the following —
W + X - ( Y + Z + E )
;
b
there were added after the definition of the figure Z the following —
E is the same amount as it is in the direction mentioned in section 32(2)(e)(ii) above (being an amount representing the authority’s contribution to council tax benefit resulting from the increase in its council tax)
.
Budget requirement (major precepting authorities other than the Greater London Authority) — calculation
4
Paragraph (a) of section 43(2) of the 1992 Act shall be read as if for the words from “other than expenditure which it estimates ” to the end of that paragraph there were substituted the following —
other than —
i
expenditure which it estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act, and
ii
expenditure which it estimates will be so incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999 ;
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) — calculation
5
Section 44(3) of the 1992 Act shall be read as if —
a
the word “and” at the end of paragraph (a) were omitted;
b
there were added after paragraph (b) the following —
and
c
reduced by the aggregate amount of any sums which the authority estimates will be paid by it in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Budget requirement (Greater London Authority) — calculation
6
Section 85 of the Greater London Authority Act 1999 shall be read as if after subsection (4) there were inserted the following subsection —
4A
The expenditure aggregated under subsection (4) above shall not include expenditure which the Authority estimates will be incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Basic amount of council tax (Greater London Authority) — calculation
7
Section 89 of the Greater London Authority Act 1999 shall be read as if after subsection (6) there were inserted the following subsection —
6A
The aggregate of the sums mentioned in item P2 in subsection (4) shall be reduced by the aggregate amount of any sums which the Authority estimates that it will pay in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
31st January 2001