text:
Title, extent, commencement and cessation
1
1
These Regulations may be cited as the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001; they extend to the United Kingdom and shall come into force on 10th March 2001.
2
These Regulations shall apply until midnight on 27th March 2001.
Interpretation
2
1
In these Regulations —
“approved disinfectant” means a disinfectant approved in respect of Foot-and-Mouth Disease Orders under the Diseases of Animals (Approved Disinfectants) Order 1978 ;
“the Decision” means Commission Decision 2001/190/ EC amending Commission Decision 2001/172/EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom ;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (in England), the National Assembly for Wales (in Wales), the Scottish Ministers (in Scotland), the Department of Agriculture and Rural Development (in Northern Ireland) or a local authority, and includes a veterinary inspector;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough; or
in the City of London, the Common Council; or
in any part of Wales, a county council or a county borough council;
in any part of Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“port” includes seaport, airport, hoverport and the United Kingdom terminal of the Channel tunnel;
“road vehicle” means any vehicle (other than new vehicles which have not been driven outside the place of production) which has been driven or ridden on any highway, road or farm or grazing land in the United Kingdom and “vehicle” includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (in England, Wales and Scotland) or the Department of Agriculture and Rural Development (in Northern Ireland).
2
For the purposes of the Scotland Act 1998 , these Regulations shall be taken to be a pre-commencement enactment within the meaning of that Act.
Disinfection of tyres of road vehicles transported from the British Islands
3
The managing body of a port or, where there is an operator of a seaport terminal that operator, shall ensure that no road vehicle is transported from that port or terminal to a destination outside the British Islands unless the tyres of that vehicle (other than any spare tyres) have been treated with an approved disinfectant.
Powers of inspectors
4
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft, train or aircraft.
2
Any inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any premises used in connection with the departure of road vehicles from the British Islands;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Obstruction
5
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
6
1
Where a body corporate (other than in Scotland) is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate.
3
Where an offence under these Regulations committed in Scotland by a body corporate or a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Where the provisions of paragraph (3) above apply, and the affairs of a body corporate are managed by its members, those provisions shall apply in relation to the acts and defaults of a member in connection with the members' functions of management as if the member were a director of the body corporate.
Penalties
7
A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Enforcement
8
These Regulations shall be enforced by the Minister or the local authority (in England, Wales and Scotland) and by the Department of Agriculture and Rural Development (in Northern Ireland).
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
8.00 pm, 9th March 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Basildon (Electoral Changes) Order 2001.
2
This article and articles 2, 3 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 4 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Billericay to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
4
In this Order —
“district” means the district of Basildon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Basildon (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of district of Basildon
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into sixteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Basildon
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Billericay
4
1
The existing wards of the parish of Billericay shall be abolished.
2
The parish of Billericay shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
5
The District of Basildon (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East Sheffield 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 South East Sheffield 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 South East Sheffield 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 Sheffield 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 Sheffield 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 Community Health Sheffield 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
23rd January 2001


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Surrender of Relievable Tax Within a Group) (Amendment) Regulations 2001 and shall come into force on 5th December 2001.
Amendment of the Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001
2
In regulation 10(2) of the Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001 , omit “404,”.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
4th December 2001


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


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 2001.
2
In these rules —
a
“the principal rules” means the Land Registration Rules 1925 ,
b
“the matrimonial home rights rules” means the Land Registration (Matrimonial Home Rights) Rules 1997 , and
c
a rule referred to by number means the rule so numbered in the principal rules or the matrimonial home rights rules as the case may be.
Amendments to the principal rules
2
The principal rules have effect subject to the amendments in Schedule 1 to these rules.
Amendments to the matrimonial home rights rules
3
1
The matrimonial home rights rules have effect subject to the amendments in Schedule 2 to these rules.
2
Forms MH1 and MH2 set out in Schedule 3 to these rules are substituted for the forms so numbered in Schedule 1 to the matrimonial home rights rules.
Signed by the authority of the Lord Chancellor
Willy Bach
Parliamentary Secretary
Lord Chancellor’s Department
28th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Rochford (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 9, 10 and 11 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Ashingdon, Great Wakering, and Hawkwell, on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
Articles 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Hockley and Rayleigh on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
5
In this Order —
“district” means the district of Rochford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Rochford (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the District of Rochford
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Rochford
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Ashingdon
4
1
The existing wards of the parish of Ashingdon shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Great Wakering
5
1
The existing wards of the parish of Great Wakering shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Great Wakering East, Great Wakering Central, and Great Wakering West; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Great Wakering Central parish ward shall be five, and for each of the Great Wakering East and Great Wakering West parish wards shall be four.
Wards of the parish of Hawkwell
6
1
The existing wards of the parish of Hawkwell shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hockley
7
1
The existing wards of the parish of Hockley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Rayleigh
8
1
The existing wards of the parish of Rayleigh shall be abolished.
2
The parish shall be divided into eight parish wards which shall bear the names Central, Downhall, Grange, Lodge, Sweyne Park, Trinity, Wheatley and Whitehouse; the parish wards of Grange, Lodge, Sweyne Park, Trinity, Wheatley and Whitehouse shall comprise the area of the district wards of the same name, the Central parish ward shall comprise the area of the district ward of Rayleigh Central; and the Downhall parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the Grange, Lodge, Sweyne Park, Trinity, Wheatley and Whitehouse parish wards shall be three and for the Downhall parish ward shall be two.
Wards of the parish of Rochford
9
1
The wards of the parish of Rochford shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Eastwood, North, Roche and St Andrews; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Roche parish ward shall be six, for the St Andrews parish ward shall be five, for the Eastwood parish ward shall be four, and for the North parish ward shall be two.
Parish elections
10
1
Elections of all parish councillors for the parish of Rochford shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
Elections of all parish councillors for the parishes of Hockley and Hullbridge shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
3
The term of office of any parish councillor to whom paragraph (1) or paragraph (2) of this article applies shall be four years; and those parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
11
The District of Rochford (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State, for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
18th July 2001


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase (No.2) Order 2000 and shall come into force on 6th April 2001.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 3%.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
18th January 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) Regulations 2001; they extend to England and shall come into force on 9th May 2001.
Amendment to the Meat Products (Hygiene) Regulations 1994
2
In —
a
sub-paragraph (2) of paragraph 3A; and
b
sub-paragraphs (1) and (2) of paragraph 3B
of Part VI of Schedule 2 to the Meat Product (Hygiene) Regulations 1994 for “2001/172/ EC ”, substitute “2001/356/EC ”.
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
3
In sub-paragraph (3) of paragraph 9 of Schedule 12 to the Fresh Meat (Hygiene and Inspection) Regulation 1995 for “2001/172/EC”, substitute “2001/356/EC”.
Amendment to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
4
1
The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in accordance with this regulation and a reference to a regulation by number alone is a reference to the regulation so numbered in those Regulations.
2
In regulation 7 —
a
omit paragraph (1A) and (1B); and
b
in paragraph (6), for “2001/172/EC”, substitute “2001/356/EC”
3
In regulation 8 —
a
omit paragraphs (4A) and (4B); and
b
in paragraph (7), for “2001/172/EC”, substitute “2001/356/EC”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
8th May 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals) (Transitional and Savings) Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support, Pensions and Social Security Act 2000;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Decisions and Appeals Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“panel member” means a person appointed to a panel constituted under section 6 of the Social Security Act 1998 ;
“person affected” has the meaning as in regulation 3 (person treated as a person affected by a decision) of the Decisions and Appeals Regulations;
“relevant authority” has the meaning as in paragraph 1(1) of Schedule 7 to the Act;
“relevant date” means 2nd July 2001;
“Review Board” shall, notwithstanding the revocation of regulation 81(3) of the Housing Benefit Regulations or, as the case may be, regulation 70(3) of the Council Tax Benefit Regulations , be construed in accordance with those provisions; and
“the Work-focused Interviews Regulations ” means the Social Security (Work-focused Interviews) Regulations 2000 .
3
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; and
b
in a regulation to a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph in that regulation bearing that number.
Provision in respect of reviews of determinations made by relevant authorities
2
1
Subject to the following paragraphs and notwithstanding regulation 4(1)(a) of the Decisions and Appeals Regulations (revision of decisions), where a person affected makes written representations signed by him to a relevant authority concerning a determination made by that authority before the relevant date and —
a
such representations are made within six weeks of the date on which the person was notified of that determination or within such longer period as may be allowed under paragraph (5), those representations shall be treated as an application duly made for a revision under paragraph 3 of Schedule 7 to the Act (revision of decisions); or
b
such representations are not made within the period provided by virtue of sub-paragraph (a) or allowed under paragraph (5), those representations shall be treated as an application duly made for a supersession under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions).
2
Paragraph (1) shall —
a
apply only in a case to which regulation 79(2) of the Housing Benefit Regulations, or as the case may be, regulation 69(2) of the Council Tax Benefit Regulations could have applied had Schedule 7 to the Act and regulations made thereunder not come into force;
b
not apply in a case where a review of the determination was made under regulation 79(2) of the Housing Benefit Regulations, or as the case may be, regulation 69(2) of the Council Tax Benefit Regulations before the relevant date.
3
Where a person makes written representations signed by him to a relevant authority concerning a determination made by them before the relevant date and that authority —
a
accepted the late submission of those representations in accordance with regulation 78(3) of the Housing Benefit Regulations, or as the case may be, in accordance with regulation 68(3) of the Council Tax Benefit Regulations before the relevant date; and
b
made no determination in respect of those representations before the relevant date,
those representations shall be treated as an application duly made for a revision under paragraph 3 of Schedule 7 to the Act.
4
For the purposes of calculating the period of six weeks in paragraph (1)(a), no account shall be taken of any period beginning with the receipt by a relevant authority of a request for a statement under regulation 77(4) of the Housing Benefit Regulations , or as the case may be, under regulation 67(2) of the Council Tax Benefit Regulations (requests for statement of reasons) and ending with the provision to that person of that statement.
5
The period of six weeks specified in paragraph (1)(a) may be extended where an application for such an extension is made before 2nd August 2002 by a person affected and the application contains —
a
the grounds on which an extension of time is sought; and
b
sufficient details of the determination to enable it to be identified.
6
An application for an extension of time shall be made in writing by the person affected and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo .
7
An application for an extension of time shall not be granted unless the relevant authority which made the determination to which the representations relate is satisfied that —
a
it is reasonable to grant that application;
b
the representations have merit; and
c
special circumstances are relevant to the application for an extension of time as a result of which it was not practicable for the representations to be made within the six week period specified in paragraph (1)(a).
8
In deciding whether to grant an extension of time no account shall be taken of the following factors —
a
that the person affected was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits specified in paragraph (1)(a)); or
b
that a court has taken a different view of the law from that previously understood and applied by the relevant authority.
9
An application under this regulation for an extension of time which has been refused may not be renewed.
Provision in respect of requests for further review of determinations
3
1
Subject to the following paragraphs and notwithstanding regulation 23 of the Decisions and Appeals Regulations (procedure in connection with appeals), where a person affected gives or sends written notice signed by him to a relevant authority requesting a further review of a determination (“reviewed determination”), that notice shall be treated as an application duly made for an appeal to an appeal tribunal from a relevant decision.
2
Paragraph (1) shall —
a
apply only in a case to which regulation 81(3) of the Housing Benefit Regulations or, as the case may be, regulation 70(3) of the Council Tax Benefit Regulations could have applied had Schedule 7 to the Act and regulations made thereunder not come into force;
b
not apply in a case where a further review of the determination was made under regulation 81(3) of the Housing Benefit Regulations or, as the case may be, regulation 70(3) of the Council Tax Benefit Regulations before the relevant date.
3
For the purposes of paragraph (1), the written notice must be given or sent within —
a
four weeks of the date the person was notified of the reviewed determination; or
b
the period allowed for under paragraph (5).
4
Where written notice is given or sent –
a
before the relevant date and the provisions in regulation 81(1), (1A) and (2) of the Housing Benefit Regulations, or as the case may be, regulation 70(1) and (2) of the Council Tax Benefit Regulations were satisfied before that date; or
b
by the person affected more than four weeks after the date on which the person was notified of the reviewed determination and a Review Board extended the time before the relevant date for giving such notice under regulation 78(3) of the Housing Benefit Regulations, or as the case may be, regulation 68(3) of the Council Tax Benefit Regulations,
that notice shall be treated as an application duly made for an appeal from a relevant decision.
5
The period of four weeks referred to in paragraph (3)(a) may be extended where an application for such an extension is made before 2nd August 2002 by a person affected and the application contains —
a
the grounds on which an extension is sought; and
b
sufficient details of the decision to enable it to be identified.
6
An application for an extension of time shall be made in writing by the person affected and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo.
7
An application for an extension of time within which written notice may be given or sent shall be determined by a legally qualified panel member.
8
An application for an extension of time shall not be granted unless the panel member is satisfied that the requirements imposed by regulation 19(5) to (9) of the Decisions and Appeals Regulations have been met.
9
An application for an extension of time that has been refused may not be renewed.
10
Regulation 16 of, and the Schedule to, the Decisions and Appeals Regulations, save for paragraph 3 of that Schedule, shall not apply in respect of a reviewed determination.
Provision in respect of the abolition of Review Boards
4
1
Where a Review Board has held an oral hearing in accordance with —
a
regulation 82 of the Housing Benefit Regulations (procedure on further review) before the relevant date —
i
regulation 83(4) and (5) (decisions upon further review),
ii
regulation 84 (effect of revising a decision), and
iii
regulation 85 (correction of accidental errors in determinations and decisions)
of those Regulations shall continue to have effect in relation to any decision of that Review Board as if section 68 of, and paragraph 22(1) of Schedule 7 to, the Act had not come into force; or
b
regulation 71 of the Council Tax Benefit Regulations (procedure on further review) before the relevant date —
i
regulation 72(4) and (5) (decisions upon further review),
ii
regulation 73 (effect of revising a determination), and
iii
regulation 74 (correction of accidental errors in determinations and decisions)
of those Regulations shall continue to have effect in relation to any decision of that Review Board as if section 68 of, and paragraph 22(1) of Schedule 7 to, the Act had not come into force.
2
Where a part-heard hearing by a Review Board stands adjourned before the relevant date an appeal tribunal shall completely rehear the case as if it were an appeal under paragraph 6 of Schedule 7 to the Act.
3
Subject to paragraph (1), any decision that would, but for the coming into force of section 68 of, and paragraph 22(1) of Schedule 7 to, the Act, fall to be made by a Review Board shall be made by an appeal tribunal.
4
Subject to paragraph (5), a decision of a Review Board shall be treated for the purposes of paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) as if it were a decision of a tribunal made under paragraph 6 of Schedule 7 to the Act.
5
Notwithstanding the coming into force of section 68 of, and paragraph 22 of Schedule 7 to, the Act, regulations made in accordance with section 34(4) and (5) of the Social Security Act 1998, as in force immediately before the relevant date, shall continue to have effect for the purpose of any claim for judicial review of a decision made by a Review Board and any appeal from a decision on such a claim.
6
Subject to paragraph (7), where —
a
an application to set aside a decision of a Review Board is made by a person affected by that decision within 13 weeks of the day on which notice of that decision was given; and
b
the application is not determined before the relevant date,
the application to set aside shall be treated as if it were an application duly made to set aside a decision of an appeal tribunal made under regulation 23 of the Decisions and Appeals Regulations and regulation 57 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
7
A legally qualified panel member may set aside the decision of a Review Board as if it were a decision of an appeal tribunal on the grounds —
a
specified in regulation 57(1) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999; or
b
that the interests of justice so require.
Suspension and withholding
5
Where, immediately before the relevant date —
a
a payment of housing benefit was withheld under regulation 95(4) or (4A) (withholding of benefit) or suspended by virtue of regulation 96A (suspension of benefit) of the Housing Benefit Regulations; or
b
in the case of a claim for council tax benefit —
i
a payment of council tax benefit was withheld under regulation 80(1), (2) or (2A) of the Council Tax Benefit Regulations (withholding of benefit), or
ii
a payment of that benefit or a reduction in the amount that a person is or will be liable to pay in respect of council tax was suspended by virtue of regulation 81A of the Council Tax Benefit Regulations (suspension of benefit),
the provisions of Part III of the Decisions and Appeals Regulations (suspension and termination of benefit) shall apply with respect to that suspension or withholding as if it were a suspension imposed by virtue of those provisions.
Decisions of relevant authorities outstanding at the relevant date
6
Subject to regulations 2 to 5, where a determination by a relevant authority —
a
fell to be made before the relevant date;
b
is made after the relevant date;
c
is to the advantage of the claimant, and
d
takes effect from a date later than the date (“the earlier date”) from which benefit, or an increase in benefit, would have been payable had the decision been made immediately before the relevant date,
that decision shall take effect on the earlier date.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Bedford (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 8(2), 9 and 10 shall come into force —
a
for the purpose of proceedings preliminary, or relating, to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 6, 7 and 8(1) shall come into force —
a
for the purpose of proceedings preliminary, or relating, to the elections of parish councillors for the parishes of Bromham, Kempston Rural and Renhold to be held on 1st May 2003, on 15th October 2002; and
b
for all other purposes, on 1st May 2003.
4
Articles 4 and 5 shall come into force —
a
for the purposes of proceedings preliminary, or relating, to the elections of parish councillors for the parishes of Eastcotts and Kempston to be held on 6th May 2004, on 15th October 2003; and
b
for all other purposes, on 6th May 2004.
5
In this Order —
“borough” means the borough of Bedford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Bedford (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Bedford
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Bedford
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Eastcotts
4
The parish of Eastcotts shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Kempston
5
1
The existing wards of the parish of Kempston shall be abolished.
2
The Parish of Kempston shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Kempston Rural
6
The parish of Kempston Rural shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Renhold
7
The parish of Renhold shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
8
1
The number of parish councillors to be elected for the parish of Bromham shall be fourteen.
2
The number of parish councillors to be elected for the parish of Elstow shall be nine.
Parish Elections
9
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Carlton and Chellington, Colmworth, Cople, Little Staughton, Pavenham, Roxton, Staploe and Stevington shall be three years.
2
Elections of all parish councillors for the parishes of Bolnhurst and Keysoe, Dean and Shelton, Elstow, Harrold, Oakley, Odell, Podington, Riseley, Wilshamstead and Wymington and for the joint council for the parishes of Pertenhall and Swineshead shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
The ordinary elections of parish councillors for the parishes of Bletsoe, Felmersham, Milton Ernest, Ravensden, Renhold, Thurleigh and Wilden in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
4
Elections of all parish councillors for the parishes of Bletsoe, Carlton and Chellington, Colmworth, Cople, Felmersham, Little Staughton, Milton Ernest, Pavenham, Ravensden, Renhold, Roxton, Staploe, Stevington, Thurleigh and Wilden, shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
5
Elections of all parish councillors for the parishes of Cardington and Eastcotts shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of parish councillors elected in accordance with paragraph 2, 4 or 5 above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Bletsoe, Felmersham, Milton Ernest, Ravensden, Renhold, Thurleigh and Wilden as if the references in paragraphs (1) and (4) for that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
10
The Borough of North Bedfordshire (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leeds West Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 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 Leeds West Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the Leeds West Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Leeds 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 Leeds 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 Leeds Teaching Hospitals 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 Leeds Community and Mental Health Services Teaching National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
18th October 2001


text:
1
These Regulations may be cited as the Fixed Penalty (Procedure) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In the Fixed Penalty (Procedure) Regulations 1986 –
a
in regulation 5(3) for the words “justices' clerk”, in each place where they occur, there shall be substituted the words “justices' chief executive”; and
b
in regulation 8 for the words “justices' clerk at” there shall be substituted the words “justices' chief executive for”.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th March 2001


text:
1
These Regulations may be cited as the Civil Aviation Authority (Amendment) Regulations 2001 and shall come into force on 31st July 2001.
2
The Civil Aviation Authority Regulations 1991 shall be further amended as follows:
1
In regulation 3(1) there shall be inserted at the end of the definition of “the person concerned” “and in relation to making air traffic directions or airspace policy directions, the person who has been directed”
2
In regulation 4(1) there shall be inserted at the beginning “Subject to regulation 31A(5)(d)”.
3
In Regulation 5 there shall be inserted at the beginning “Subject to regulation 31A(5)(b)”.
4
In regulation 6(1) after subparagraph (k) there shall be inserted:
l
making air traffic directions;
m
making airspace policy directions;
5
In regulation 6(2) after “approval, authorisation or rating” there shall be inserted “or make an air traffic direction or an airspace policy direction”.
6
In regulation 6(4)(b) after “or rating” there shall be inserted “or make an air traffic direction or an airspace policy direction under an Air Navigation Order”.
7
For regulation 6(7) there shall be substituted:
7
Where a request under paragraph (4), (5) or (6) has been duly served, the Authority shall, before making a decision:
a
consider any representations which may have been served on it by the person concerned within 21 days after the date of service of the notice under that paragraph given by the Authority; and
b
where the person concerned has requested the opportunity to make oral representations in his representations under sub-paragraph (a) above, afford him an opportunity to make such representations and consider them.
7A
a
Where an oral hearing is held it shall be held in public except where the Authority is satisfied that, in the interests of morals, public order, national security, juveniles or the protection of the private lives of the parties a private hearing is required, or where it considers that publicity would prejudice the interests of justice.
b
The following persons shall be entitled to attend the hearing of an appeal, whether or not it is in private:
i
a member of the Council on Tribunals or of the Scottish Committee of that Council; and
ii
any other person which the Authority, with the consent of the parties, permits to attend the hearing.
8
In regulation 6(8)(a) after “Air Navigation Order” there shall be inserted “or making a provisional air traffic direction”.
9
In regulation 9 after subparagraph (b) there shall be inserted:
bb
the provider of an air traffic control service;
.
10
After Part III there shall be inserted:
PART IIIA
REFERENCES IN RESPECT OF AN AIR TRAFFIC SERVICES LICENCE
Determination by the Authority
31A
1
Where, pursuant to a condition of an air traffic services licence, any matter or question may be referred for determination by one or more Members of the Authority pursuant to these Regulations and such a matter or question is referred, it shall be determined in accordance with the provisions of this Part of these Regulations.
2
The function of the Authority under section 7(5) of the Transport Act 2000 with respect to the modification of a licence, to the extent it gives rise to a matter or question referred for determination by one or more members of the Authority, is hereby prescribed for the purpose of section 7(2) of the Act.
3
For the purpose of making any determination in such a case a quorum of the Authority shall be two Members.
4
The Authority shall sit with such technical assessors to advise it as the Authority may appoint, but the Authority shall not appoint as an assessor any person who participated in the development of any notice or counter-notice in relation to the matter or question to be determined.
5
For the purposes of this Part of these Regulations:
a
“an air traffic services licence” means a licence granted pursuant to section 6 of the Transport Act 2000;
b
where the Authority is required to publish any information it may do so electronically or otherwise;
c
where the Authority is required to make any information available at its principal office for inspection it may do so electronically or otherwise;
d
anything which is required to be served on the Authority may be served electronically by sending it to an e-mail address which it has published for the purpose or in accordance with regulation 4.
Representations
31B
1
The Authority shall within one calendar month after a reference has been made serve notice of the reference on the licence holder and publish such particulars of the reference as it thinks necessary for indicating the substance of the reference, and shall make a copy of the reference available at its principal office for inspection by any person at any reasonable time.
2
The licence holder or any other person may serve on the Authority a representation about a reference if he does so within 21 days of, in the case of the licence holder the date of service of notice or, in the case of any other person, publication of the reference by the Authority.
3
The Authority shall make a copy of any representation which has been served on the Authority available at its principal office for inspection by any person at any reasonable time and shall serve a copy of any representations received from persons other than the licence holder on the licence holder.
Hearings in connection with licences
31C
1
Where a matter or question referred to in regulation 31A(1) has been referred the Authority shall, before making a determination:
a
consider any representations which may have been served on it by the licence holder or any other person within the time permitted by regulation 31B(2);
b
consider any written submissions served pursuant to regulation 31D(3); and
c
conduct a hearing in accordance with regulation 31D and consider any representations made and evidence submitted at such a hearing.
2
The following persons shall have a right to be heard at the hearing held pursuant to paragraph (1)(c):
a
the licence holder; and
b
such persons (being persons who wish to be heard and who have served representations within the time permitted by regulation 31B(2)) as appear to the Authority to be users of services provided by the licence holder or to be representative of such persons.
3
Notwithstanding that a person does not have the right to be heard, the Authority may, if it thinks fit, hear him.
4
No hearing shall be held pursuant to this regulation unless the Authority has served on the licence holder and any other person whom it proposes to hear in connection with the case not less than 14 days' notice of the date, time and place of the hearing, and the notice shall clearly identify the reference to which it relates: a similar notice shall be published not less than 7 days before the date of the hearing, and shall be exhibited in a public place in the Authority’s principal office during the 7 days immediately preceding the date of the hearing.
Procedure at hearings
31D
1
Hearings shall be conducted by the Authority.
2
At a hearing any person entitled to be heard may appear in person or be represented by any other person whom he may have authorised to represent him, and may produce oral and written evidence and may examine any other person whom the Authority hears pursuant to regulation 31C and any witnesses produced by any such person.
3
Any person who has served a representation within the time permitted by regulation 31B(2) but who does not wish to be heard, may make a written submission which he shall serve on the Authority not less than 3 working days before the date fixed for the hearing of the case.
4
a
Where an oral hearing is held it shall be held in public unless, having regard to the subject matter of the hearing and any representations from the licence holder the Authority directs that the hearing or any part of the hearing shall take place in private.
b
Nothing in this regulation shall prevent a member of the Council on Tribunals or of its Scottish Committee from attending a hearing in his capacity as such.
5
The failure of the Authority or of any person to give notice or publish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the action taken by the Authority; and the Authority may, and shall if it considers that any person may have been prejudiced, take such steps as it thinks fit before reaching its determination to cure the irregularity, whether by the giving of notice or otherwise.
6
a
Subject to sub-paragraph (b) all the proceedings at a hearing of the Authority in connection with a case shall be recorded by a shorthand writer or by some other means, and if any person requests a record of the proceedings the Authority shall cause a mechanical recording or transcript of the shorthand or other record to be made available for purchase by that person at a reasonable price.
b
i
the Authority shall not be required to make available a mechanical recording or transcript of the record of the proceedings at any time after the expiry of one year from the day of publication of its determination of the case.
ii
A mechanical recording or transcript of the record of proceedings conducted otherwise than in public shall only be required to be made available for purchase by any person heard by the Authority at those proceedings.
Determination by Authority and Appeal to the Secretary of State
31E
1
Where the Authority makes a determination pursuant to this Part of these Regulations the Authority shall serve a notice of its determination and a statement of its reasons for the determination on the licence holder.
2
a
Where the relevant condition of an air traffic services licence provides in respect of a matter or question that the decision of the Authority shall be definitive there shall be no appeal to the Secretary of State.
b
Where the relevant condition of an air traffic services licence provides in respect of a matter or question that the licence holder may appeal to the Secretary of State, he may do so in accordance with this regulation.
3
a
An appeal to the Secretary of State shall be made by a notice signed by or on behalf of the licence holder and clearly identifying the matter or question to which it relates and stating the grounds on which the appeal is based and the arguments on which the licence holder relies.
b
The licence holder shall serve the notice on the Secretary of State and a copy on the Authority within 14 days of receipt by the licence holder of the notice of determination and statement of reasons pursuant to paragraph (1).
4
The Authority shall within one calendar month after receiving notice of appeal publish such particulars of the appeal as it thinks necessary to indicate the substance of the appeal.
5
Within 14 days after receiving notice of an appeal, the Authority shall serve on the Secretary of State any submission it may wish to make in connection with the appeal including, if it thinks fit, an amplification and explanation of the reasons for its determination, and shall, within such period, serve a copy of any such submission on the licence holder.
6
Within 14 days after publication of the notice of the appeal by the Authority any person who appeared at the hearing before the Authority may serve on the Secretary of State a submission giving reasons why the Authority’s determination should or should not be upheld and shall within such period serve copies of any such submission on the Authority and the licence holder.
7
Within 14 days after receipt of any submission made pursuant to the preceding two paragraphs the licence holder may serve on the Secretary of State a reply and shall within such period serve a copy of any such reply on the Authority.
8
Before deciding an appeal the Secretary of State may ask the licence holder, the Authority or any other person who appeared at the hearing held by the Authority to amplify or explain any point made by them or to answer any other question, the answer to which appears to the Secretary of State necessary to enable him to determine the appeal, and the Secretary of State shall as the case may be give the licence holder, the Authority and any other person who appeared at the hearing held by the Authority an opportunity of replying to such amplification, explanation or answer.
9
a
Where any person is obliged to serve on the Authority any notice, representation, submission or other material pursuant to this regulation the Authority shall as soon as may be after receipt thereof make a copy available at its principal office for inspection by any person at any reasonable time.
b
The Authority shall also make a copy of any representation, submission or other material which it is obliged to serve on the licence holder or the Secretary of State pursuant to this regulation available at its principal office for inspection by any person at any reasonable time.
10
In the appeal proceedings none of the Authority, the licence holder or any other person may submit to the Secretary of State evidence which was not before the Authority when it decided the case.
Decision by Secretary of State on appeal
31F
1
The Secretary of State may if he thinks fit uphold the determination of the Authority in whole or in part or reverse or vary the whole or any part of its determination.
2
The Secretary of State shall notify the Authority and the licence holder of his decision and of the reasons for it and the Authority shall publish the Secretary of State’s notification.
3
The failure of any person (other than the licence holder in serving notice of appeal on the Secretary of State within the time prescribed in regulation 31E(3)(b)) to serve any notice, representation, submission or reply, or copies thereof or to furnish any particulars in the time or manner provided for in the Act or in these Regulations or any other procedural irregularity shall not invalidate the decision of the Secretary of State; and the Secretary of State may, and shall if he considers that any person may have been prejudiced, take such steps as he thinks fit before deciding the appeal to cure the irregularity.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department of Transport, Local Government and the Regions
9th July 2001