text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2000.
2
Subject to paragraphs (3) to (6) of this article, this Order shall come into force for the purposes of–
a
articles 1, 2, 6, 20 and 24, on 1st April 2000;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2000, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7 and 11 to 13, on 10th April 2000;
d
article 9, on 6th April 2000;
e
article 10, on 2nd April 2000;
f
articles 14 and 15, on 13th April 2000;
g
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2000, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Income Support Regulations ;
h
article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 3rd April 2000, and in relation to any other case, on 1st April 2000;
i
articles 21 to 23, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 10th April 2000, and for the purpose of this sub-paragraph, “ benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
The increases made–
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 21(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
Subject to paragraph (5) below, in so far as articles 16(3), 19(6), 20(5) and 22(3) of this Order amend the provisions specified in paragraph (6) below (which specify the personal allowances to be applied in respect of children and young persons when calculating applicable amounts), it shall come into force immediately after the coming into force of regulation 2(1)(b) of the Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 1999 .
5
Where, in relation to a particular beneficiary–
a
Both paragraph (4) and either or both of paragraphs (2)(g) and (i) above apply; and
b
the coming into force dates specified in relation to those provisions would not coincide,
then, in such a case, the coming into force date for the purposes of paragraph (4) shall instead be the first day of the first benefit week to commence for that beneficiary after 10th April 2000.
6
The provisions specified for the purposes of paragraph (4) are–
a
paragraph 2(1) of Schedule 1 to the Council Tax Benefit Regulations
;
b
paragraph 2(1) of Schedule 2 to the Housing Benefit Regulations
;
c
paragraph 2(1) of Schedule 2 to the Income Support Regulations
; and
d
paragraph 2(1) of Schedule 1 to the Jobseeker’s Allowance Regulations
.
Interpretation
2
In this Order, unless the context otherwise requires–
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3) and (4) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 1.1 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension)–
a
for the sum of £64.05 there shall be substituted the sum of £64.75; and
b
for the sum of £66.75 there shall be substituted the sum of £67.50.
4
It is hereby directed that the sums which are–
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 1999–2000;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Social Security Administration Act 1992 ,
shall in each case be increased by 1.1 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 1.1 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 10th April 2000.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act , the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 13th April 2000.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) of this Order shall take effect on 10th April 2000.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 10th April 2000.
6
The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 12th April 2000.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 10th April 2000.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 13th April 2000.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 12th April 2000.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
The increases in the sums specified in articles 3 and 21(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect–
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 10th April 2000;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2000,
and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £39.95 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 12th April 2000 for that sum in paragraph 2(6)(c), and from and including 13th April 2000 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £40.40.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases)–
a
the sum of £145.00 in both places where it occurs remains unchanged; and
b
the sum of £19.00 remains unchanged.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £59.55 there shall be substituted the sum of £60.20.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £59.55 there shall be substituted the sum of £60.20.
Increase in rate of graduated retirement benefit
11
1
In the National Insurance Act 1965 the sum of 8.67 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 1.1 per cent.; and from and including 10th April 2000 the reference in that provision to that sum shall have effect as a reference to 8.77 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 1.1 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 1.1 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit)–
a
in paragraph (1)(a), for the sum of £52.95 there shall be substituted the sum of £53.55;
b
in paragraph (1)(b), for the sum of £35.40 there shall be substituted the sum of £35.80;
c
in paragraph (1)(c), for the sum of £14.05 there shall be substituted the sum of £14.20;
d
in paragraph (2)(a), for the sum of £37.00 there shall be substituted the sum of £37.40; and
e
in paragraph (2)(b), for the sum of £14.05 there shall be substituted the sum of £14.20.
Sums specified for child benefit
13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit)–
a
in sub-paragraph (a)(i), for the sum of £14.40 there shall be substituted the sum of £15.00;
b
in sub-paragraph (a)(ii), for the sum of £17.10 there shall be substituted the sum of £17.55; and
c
in sub-paragraph (b), for the sum of £9.60 there shall be substituted the sum of £10.00.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in regulation 10(2)–
a
in sub-paragraph (a), for the sum of £14.05 there shall be substituted the sum of £14.20; and
b
in sub-paragraph (b), for the sum of £7.05 there shall be substituted the sum of £7.10.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in regulation 18(2)–
a
in sub-paragraph (a), for the sum of £14.05 there shall be substituted the sum of £14.20;
b
in sub-paragraph (b), for the sum of £8.90 there shall be substituted the sum of £9.00; and
c
in sub-paragraph (c), for the sum of £4.45 there shall be substituted the sum of £4.50.
PART III
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 6 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium)–
a
in sub-paragraph (1)(a) for the sum of £15.75 there shall be substituted the sum of £15.90; and
b
in sub-paragraph (1)(b) for the sum of £13.90 there shall be substituted the sum of £14.25.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions)–
a
in sub-paragraph (1)(a) for the sum of £46.35 there shall be substituted the sum of £47.75;
b
in sub-paragraph (1)(b) for the sum of £7.20 there shall be substituted the sum of £7.40;
c
in sub-paragraph 2(a) for the sum of £80.00 there shall be substituted the sum of £81.00;
d
in sub-paragraph (2)(b) for the sum of–
i
£80.00 there shall be substituted the sum of £81.00,
ii
£118.00 there shall be substituted the sum of £120.00, and
iii
£16.50 there shall be substituted the sum of £17.00; and
e
in sub-paragraph (2)(c) for the sum of–
i
£118.00 there shall be substituted the sum of £120.00,
ii
£155.00 there shall be substituted the sum of £157.00, and
iii
£22.65 there shall be substituted the sum of £23.35; and
f
in sub-paragraph (2)(d) for the sum of–
i
£155.00 there shall be substituted the sum of £157.00,
ii
£204.00 there shall be substituted the sum of £207.00, and
iii
£37.10 there shall be substituted the sum of £38.20; and
g
in sub-paragraph (2)(e) for the sum of–
i
£204.00 there shall be substituted the sum of £207.00,
ii
£255.00 there shall be substituted the sum of £259.00, and
iii
£42.25 there shall be substituted the sum of £43.50.
7
In paragraph 6(2) of Schedule 4, for the sum of £252.00 there shall be substituted the sum of £256.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 4 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 5 to this Order.
9
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 6 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 1.6 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £28.00.
Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 7 and 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraph 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients)–
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.70 there shall be substituted the sum of £16.90 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.35 there shall be substituted the sum of £13.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £33.40 there shall be substituted the sum of £33.80.
4
In regulation 63 (non-dependant deductions)–
a
in paragraph (1)(a) for the sum of £46.35 there shall be substituted the sum of £47.75;
b
in paragraph (1)(b) for the sum of £7.20 there shall be substituted the sum of £7.40;
c
in paragraph (2)(a) for the sum of £80.00 there shall be substituted the sum of £81.00;
d
in paragraph (2)(b) for the sum of–
i
£80.00 there shall be substituted the sum of £81.00,
ii
£118.00 there shall be substituted the sum of £120.00, and
iii
£16.50 there shall be substituted the sum of £17.00; and
e
in paragraph (2)(c) for the sum of–
i
£118.00 there shall be substituted the sum of £120.00,
ii
£155.00 there shall be substituted the sum of £157.00, and
iii
£22.65 there shall be substituted the sum of £23.35; and
f
in paragraph (2)(d) for the sum of–
i
£155.00 there shall be substituted the sum of £157.00,
ii
£204.00 there shall be substituted the sum of £207.00, and
iii
£37.10 there shall be substituted the sum of £38.20; and
g
in paragraph (2)(e) for the sum of–
i
£204.00 there shall be substituted the sum of £207.00,
ii
£255.00 there shall be substituted the sum of £259.00, and
iii
£42.25 there shall be substituted the sum of £43.50.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums of £18.35, £18.35, £9.25, £12.20, £12.20, £6.15 and £2.20 there shall be substituted the sums of £18.65, £18.65, £9.40, £12.40, £12.40, £6.25 and £2.25 respectively.
6
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.
7
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium)–
a
in sub-paragraph (a) for the sum of £22.05 there shall be substituted the sum of £22.20; and
b
in sub-paragraph (b) for the sum of £13.90 there shall be substituted the sum of £14.25.
8
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 8 to this Order.
Council Tax Benefit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraph 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients)–
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.70 there shall be substituted the sum of £16.90 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.35 there shall be substituted the sum of £13.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £33.40 there shall be substituted the sum of £33.80.
4
In regulation 52 (non-dependant deductions)–
a
in paragraph (1)(a) for the sum of £6.50 there shall be substituted the sum of £6.95;
b
in paragraph (1)(b) for the sum of £2.15 there shall be substituted the sum of £2.30;
c
in paragraph (2)(a) for the sum of £118.00 there shall be substituted the sum of £120.00;
d
in paragraph (2)(b) for the sum of–
i
£118.00 there shall be substituted the sum of £120.00,
ii
£204.00 there shall be substituted the sum of £207.00, and
iii
£4.30 there shall be substituted the sum of £4.60; and
e
in paragraph (2)(c) for the sum of–
i
£204.00 there shall be substituted the sum of £207.00,
ii
£255.00 there shall be substituted the sum of £259.00, and
iii
£5.40 there shall be substituted the sum of £5.80.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium)–
a
in sub-paragraph (a) for the sum of £22.05 there shall be substituted the sum of £22.20; and
b
in sub-paragraph (b) for the sum of £13.90 there shall be substituted the sum of £14.25.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
8
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit)–
a
in sub-paragraph (2)(b)(i) for the sum of £118.00 there shall be substituted the sum of £120.00; and
b
in sub-paragraph (2)(b)(ii) for the sums of £118.00 and £155.00 there shall be substituted the sums of £120.00 and £157.00 respectively.
PART IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
21
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance)–
a
in sub-paragraph (a) for the sum of £30.95 there shall be substituted the sum of £31.45;
b
in sub-paragraph (b) for the sum of £40.70 there shall be substituted the sum of £41.35; and
c
in sub-paragraph (c) for the sum of £51.40 there shall be substituted the sum of £52.20.
Applicable amounts for Jobseeker’s Allowance
22
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 11 to 15 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraph 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium)–
a
in sub-paragraph (1)(a) for the sum of £15.75 there shall be substituted the sum of £15.90; and
b
in sub-paragraph (1)(b) for the sum of £13.90 there shall be substituted the sum of £14.25.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 12 to this Order.
6
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions)–
a
in sub-paragraph (1)(a) for the sum of £46.35 there shall be substituted the sum of £47.75;
b
in sub-paragraph (1)(b) for the sum of £7.20 there shall be substituted the sum of £7.40;
c
in sub-paragraph (2)(a) for the sum of £80.00 there shall be substituted the sum of £81.00;
d
in sub-paragraph (2)(b) for the sum of–
i
£80.00 there shall be substituted the sum of £81.00,
ii
£118.00 there shall be substituted the sum of £120.00, and
iii
£16.50 there shall be substituted the sum of £17.00; and
e
in sub-paragraph (2)(c) for the sum of–
i
£118.00 there shall be substituted the sum of £120.00,
ii
£155.00 there shall be substituted the sum of £157.00, and
iii
£22.65 there shall be substituted the sum of £23.35; and
f
in sub-paragraph (2)(d) for the sum of–
i
£155.00 there shall be substituted the sum of £157.00,
ii
£204.00 there shall be substituted the sum of £207.00, and
iii
£37.10 there shall be substituted the sum of £38.20; and
g
in sub-paragraph (2)(e) for the sum of–
i
£204.00 there shall be substituted the sum of £207.00,
ii
£255.00 there shall be substituted the sum of £259.00, and
iii
£42.25 there shall be substituted the sum of £43.50.
7
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 13 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 14 to this Order.
9
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
23
In regulation 172 of the Jobseeker’s Allowance Regulations
(trade disputes: prescribed sum) the substituted sum is £28.00.
PART V
REVOCATIONS
Revocations
24
The Social Security Benefits Up-rating Order 1999 and the Social Security Benefits Up-rating (No. 2) Order 1999 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
21st February 2000
We consent,
Clive J. C. Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd February 2000


type: legislation

jurisdiction: UK

text:
Citation, interpretation and application
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 1) Order 2000.
2
References in this Order to sections and Schedules are (except for the reference in article 3 to section 100D(2)) references to sections of, and Schedules to, the Local Government Act 2000.
3
This Order applies in relation to England only.
Provisions coming into force on 7th August 2000
2
The following provisions shall come into force on 7th August 2000 —
a
sections 10, 12, 17 to 20, 30, 32, 34 to 36, 38, 41, 47 and 48;
b
sections 11, 13, 22, 25, 27, 28, 31, 33, 37, 39, 44 and 45, in so far as they confer power to make an order or regulations, give directions, or issue guidance, and
c
section 23, to the extent that it relates to paragraphs 6, 7 and 9 to 11 of Schedule 1.
Provisions coming into force in relation to England on 1st October 2000
3
Sections 97 and 98, and section 107(2), to the extent that it relates to the entries in Schedule 6 relating to section 100D(2) of the Local Government Act 1972 , shall come into force on 1st October 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Minister of State,
Department of the Environment, Transport and the Regions
2nd August 2000


text:
1
This Order may be cited as the Channel Tunnel (International Arrangements) (Amendment) Order 2000 and shall come into force on 28th April 2000.
2
1
Schedule 4 to the Channel Tunnel (International Arrangements) Order 1993 is amended as follows.
2
The word “and” which follows paragraph 1(11)(q) is omitted.
3
After paragraph 1(11)(r) insert —
s
In paragraph 27B (passenger information) —
i
in sub-paragraph (1) for the words “ships or aircraft” substitute “through trains or shuttle trains”;
ii
in sub-paragraph (2) for the words “owner or agent (“the carrier”) of a ship or aircraft” substitute “person operating an international service or his agent (“the carrier”)”;
iii
in sub-paragraph (3)(a) for the words “ship or particular aircraft” substitute “train”;
iv
in sub-paragraph (3)(b) and (c) for the words “ships or aircraft” substitute “trains”; and
v
in sub-paragraphs (4) and (9) for the words “ship or aircraft”, wherever occurring, substitute “train”; and
t
In paragraph 27C (notification of non-EEA arrivals) —
i
in sub-paragraph (1) —
a
for the words “owner or agent (“the carrier”) of a ship or aircraft” substitute “person operating an international service other than a shuttle service or his agent (“the carrier”)”, and
b
for the second occurrence of the words “ship or aircraft” substitute “through train”;
ii
in sub-paragraph (2)(a) for the words “ship or particular aircraft” substitute “through train”;
iii
in sub-paragraph (2)(b) and (c) for the words “ships or aircraft” substitute “through trains”; and
d
in sub-paragraphs (6), (7) and (9) for the words “ship or aircraft” substitute “through train”.
Barbara Roche
Minister of State
Home Office
29th March 2000


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology) (England) Order 2000 and shall come into force on 1st August 2000.
2
In this Order —
“The Document” means the Document published by the Stationery Office entitled “Programmes of Study and Attainment Targets in Information and Communication Technology” .
3
This Order applies only to pupils at:
a
any community, foundation or voluntary school; or
b
any community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) (England) Order 1998 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to Information and Communication Technology.
4
The examples [and other passages] printed in grey text within square brackets in the Document (which serve to illustrate the programmes of study described therein [or relate to background information]) do not form part of the provisions made by this Order.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
13th June 2000


text:
1
This Order may be cited as the Recreation Grounds (Revocation of Parish Council Byelaws) Order 2000 and shall come into force on 20th November 2000.
2
The byelaws mentioned in the left-hand column of the Schedule to this Order, made with respect to the recreation grounds and other areas named or described in the right-hand column of that Schedule, are hereby revoked.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
23rd October 2000


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route Traffic Order 1998 Variation Order 2000, and shall come into force on 3rd April 2000.
Variations
2
The A205 Trunk Road (Lewisham) Red Route Traffic Order 1998 is varied by the following provisions of this Order.
3
In Schedule 4 item 6 is substituted as follows: —
north side, from a point 9.0 metres east of the common boundary of Nos. 119 and 121 Brownhill Road, east for a distance of 37.0 metres
4
In Schedule 4 item 7 is substituted as follows: —
south side, from the common boundary of Nos. 166 and 168 Brownhill Road, east for a distance of 37.0 metres
5
In Schedule 4 item 8 is substituted as follows: —
north side, from a point 43.0 metres east of the eastern property boundary of No. 203 Brownhill Road, east for a distance of 24.0 metres.
6
In Schedule 4 item 18 is substituted as follows: —
north side, from the eastern kerbline of Parkcroft Road, east for a distance of 37.0 metres
7
In Schedule 4 item 19 is substituted as follows: —
south side, from 5.0 metres west of the western kerbline of Rayford Avenue for a distance of 27.0 metres
8
In Schedule 4 item 20 is substituted as follows: —
north side, from a point 5.0 metres west of the common boundary of Nos. 6 and 8 St Mildreds Road, to its junction with Baring Road
9
In Schedule 4 item 26 is substituted as follows: —
north side, from a point 39.0 metres east of the eastern property boundary of No. 129 Woodyates Road, to the boundary with the London Borough of Greenwich
10
In Schedule 4 item 27 is substituted as follows: —
south side, from a point 56.0 metres east of the eastern property boundary of No. 131 Woodyates Road, to the boundary with the London Borough of Greenwich.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
13th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Best Value (Exemption) (England) Order 2000 and shall come into force on the day after the day on which it is made.
2
In this Order —
“budgeted income” of a parish council means the sum of —
the aggregate calculated for that council for a year, under section 50(3) of the Local Government Finance Act 1992 ; and
the budget requirement calculated under section 50(4) of that Act and included in the council’s precept for that year;
disregarding any substituted calculations made under section 51 of that Act, except where the calculation made under section 50(4) of that Act has been quashed because of a failure to comply with section 50 of that Act in making such calculation;
“parish council” means a parish council or a parish meeting of a parish which does not have a separate parish council .
Exemption from the duties in Part 1 of the Act
2
A parish council whose budgeted income for any of the financial years commencing in 1997, 1998, or 1999 is not more than £500,000 is not subject, in relation to any of its functions, to any of the duties set out in sections 3 to 6 of the Local Government Act 1999.
Signed by the authority of the Secretary of State
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
10th February 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 8 and Consequential Provisions) Order 2000 and shall come into force on 22nd January 2001.
Commencement
2
The following provisions of the Greater London Authority Act 1999 shall come into force on 22nd January 2001 —
a
section 254 so far as it relates to paragraphs 1 to 18 of Schedule 21;
b
paragraphs 1 to 18 of Schedule 21.
Amendment of the Private Hire Vehicles (London) Act 1998
3
1
The Private Hire Vehicles (London) Act 1998 shall be amended as follows.
2
In section 36 (interpretation) for the definition of “controlled district ” there shall be substituted —
“controlled district” means any area for which Part II of the 1976 Act is in force by virtue of —
a resolution by a district council under section 45 of that Act; or
section 255(4) of the Greater London Authority Act 1999;
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th November 2000


text:
Citation and commencement
1
This order may be cited as The Railways (Inverness Station) (Exemptions) Order 2000 and shall come into force on 26th May 2000.
Disapplication of the Closure Provisions
2
The networks consisting of —
a
the railway line consisting of the final 23 metres of track adjacent to and serving platform 1 at Inverness station;
b
the railway line consisting of the final 41 metres of track adjacent to and serving platform 7 at Inverness station; and
c
any installations associated with any of the track comprised in these railway lines
are networks in relation to which section 39 of the Railways Act 1993 (closure of operational passenger networks) is not to have effect.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
3rd May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London borough of Southwark (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Southwark;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the London Borough of Southwark (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Southwark
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Southwark (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th March 2000


text:
1
This Order may be cited as the Motor Fuel (Designated Filling Stations and Fuel Depots) Order 2000 and shall come into force at 5.00 p.m. on 12th September 2000.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State hereby designates the filling stations and fuel depots mentioned in the list entitled “Department of Trade and Industry: List of Designated Filling Stations and Fuel Depots” published by him on 12th September 2000.
Stephen Byers,
Secretary of State for Trade and Industry
12th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the London Local Authorities (Charges for Stopping Up Orders) Regulations 2000 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“London local authority” means the council of a London borough or the Common Council of the City of London; and
“order” means an order of a kind which a London local authority has power to make under section 247, 248 or 249 of the 1990 Act.
Power to impose charges
3
A London local authority may impose charges for —
a
considering an application to make an order, whether or not the authority proceeds to take the steps required for the making of an order; and
b
taking the steps required for the making of an order, whether or not an order is actually made.
Person by whom the charges are payable
4
The charges shall be payable by the person who applies for an order to be made.
Amount of charges
5
1
The charges which may be imposed by a London local authority under regulation 3 shall be of such amount (taking appropriate account of its relevant administrative expenses and general staff costs and overheads) in respect of the matters referred to in regulation 3 as the authority may determine having regard to the circumstances of each particular case.
2
Without prejudice to the generality of paragraph (1) in determining its charges a London local authority may have regard to the costs incurred by it in relation to any of the following —
a
preparing a draft order;
b
publishing notices which the authority is required by the 1990 Act to publish in connection with the making of an order;
c
considering objections to and representations about the making of an order;
d
corresponding with persons making objections or representations and with the applicant;
e
holding a public inquiry into the making of the order;
f
providing representation for the authority at an inquiry;
g
considering the report of the person appointed to hold an inquiry;
h
determining the application; and
i
making an order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Ashfield (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Ashfield;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Ashfield (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Ashfield
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be 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.
Wards of the parish of Selston
3
1
The parish of Selston shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule.
2
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
4
The District of Ashfield (Electoral Arrangements) Order 1976 and articles 3(1)(b) and 3(2)(b) of the Nottinghamshire (District Boundaries) Order 1988 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
15th December 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Croydon Tramlink Class CR4000 Vehicles) Exemption Order 2000 and shall come into force on 31st January 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 2530 to 2553 of the class known as Bombardier class CR4000 (“the exempted vehicles”) as manufactured by Bombardier Prorail Limited for the provision of passenger services by Tramtrack Croydon Limited.
4
1
Subject to articles 5, 6, 7 and 8 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(2), but only in so far as it relates to the emission of warning sounds outside an exempted vehicle;
regulation 4(3)(b);
regulation 8(3);
regulation 9(d)(i), but only in so far as it relates to a control on a horizontal handrail adjacent to a priority seat;
regulation 9(g)
regulation 13(5)(a) and (8);
the remaining provisions of regulation 13, but only in so far as they relate to a public address system for visual announcements inside the passenger saloon of an exempted vehicle or to a public address system for audible announcements other than any such announcements required by regulation 13(5)(b), (c) and (d);
regulation 16(1)(c); and
regulation 19(4), but only in so far as the gradient of any slope of a vestibule floor adjoining a doorway in the side of an exempted vehicle exceeds five per cent but does not exceed six per cent.
5
1
The exemption given in respect of regulations 4(2) and (3)(b), 8(3) and 13, other than 13(5)(a) and (8), shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 9(g) shall cease at the end of 30th June 2000.
3
The exemption given in respect of regulation 13(8) shall cease at the end of 1st July 2000.
4
The exemption given in respect of regulation 16(1)(c) shall cease at the end of 31st December 2001.
6
1
The exemption given in respect of regulation 13(5)(a) shall apply in relation to any exempted vehicle only when it is used on any railway authorised by the Croydon Tramlink Act 1994 .
2
The exemption given in respect of regulation 9(d)(i) shall apply in relation to any particular control on a horizontal handrail in an exempted vehicle only if there is a control, the centre of which is within the height limits contained in regulation 9(d)(i), on the nearest vertical handrail to the priority seat in question.
7
1
The exemption given in respect of regulation 16(1)(c) shall cease if the operator of an exempted vehicle does not notify the Secretary of State in writing of any physical injury, which is suffered by a disabled person in a wheelchair while in a wheelchair space, within a period of seven days starting with the date on which that injury occurred.
2
Where such an injury comes to the notice of the Secretary of State, if it is his opinion that conformity with regulation 16(1)(c) would have prevented that injury he may notify the operator of each exempted vehicle in writing that the exemption given in respect of regulation 16(1)(c) will cease three months after the date on which such notice is given.
8
The authorisation given by article 4(1) above shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Tram Operations Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
6th January 2000


text:
Citation and commencement
1
This Order may be cited as the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 8th September 2000.
Amendment of NHS trust Establishment Order
2
In article 4 of the West Yorkshire Metropolitan Ambulance Service National Health Service Trust (Establishment) Order for “3 non-executive directors and 3 executive directors” substitute “4 non-executive directors and 4 executive directors”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
29th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tendring Primary Care Trust (Establishment) Order 2000 and shall come into force on 17th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“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 Tendring 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 Tendring 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 following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2000.
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 North Essex 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 as may be 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 North Essex 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 Essex Rivers 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.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry and Employments) (Amendment) Regulations 2000 and shall come into force on 10th October 2000.
Amendment of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993
2
In regulation 9(2) of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 for the definition of N substitute —
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992 and the Social Security (Contributions) Regulations 1979 or, in Northern Ireland, under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security (Contributions) Regulations (Northern Ireland) 1979 disregarding —
any amount of secondary Class 1 contributions in respect of which liability has been transferred to the employed earner by virtue of an election made jointly by the employed earner and the secondary contributor for the purpose of paragraph 3B(1) of Schedule 1 to either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (transfer of liability to be borne by earner) ; and
any adjustment to the amount so payable to the collector under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 (funding of payment by relevant employer or relevant subsequent employer of tax credit);
.
Amendment of the Income Tax (Employment) Regulations 1993
3
In regulation 41(3) of the Income Tax (Employments) Regulations 1993 for the definition of N substitute —
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992 and the Social Security (Contributions) Regulations 1979, or, in Northern Ireland, under the Social Security (Contributions) and Benefits (Northern Ireland) Act 1992 and the Social Security (Contributions) Regulations (Northern Ireland) 1979 disregarding —
any amount of secondary Class 1 contributions in respect of which liability has been transferred to the employed earner by virtue of an election made jointly by the employed earner and the secondary contributor for the purposes of paragraph 3B(1) of Schedule 1 to either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
any adjustment to the amount so payable to the collector under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 (funding of payment by relevant employer or relevant subsequent employer of tax credit);
.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
9th October 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Meat Products (Hygiene) (Amendment) (England) Regulations 2000; they extend to England only and come into force–
a
in case of all provisions other than regulation 3, on 30th March 2000; and
b
in the case of regulation 3, on 31st March 2000.
Amendment to the Meat Products (Hygiene) (Amendment) Regulations 1999
2
In so far it extends to England, regulation 2(10)(k) of the Meat Products (Hygiene) (Amendment) Regulations 1999 is revoked.
Amendment to the Meat Products (Hygiene) Regulations 1994
3
1
The Meat Products (Hygiene) Regulations 1994 are amended in accordance with paragraph (2) below in so far as they extend to England.
2
The following paragraph is substituted for paragraph 2(a) of Part IX of Schedule 2–
2
a
The meat product to be used in the prepared meal shall as soon as it has been cooked–
i
be mixed with the other ingredients as soon as practically possible; in that event the time during which the temperature of the meat product is between 10°C and 60°C shall not exceed two hours,
ii
be refrigerated to 10°C or less before being mixed with the other ingredients, or
iii
be cooled and mixed with the other ingredients in such a way (to be specified in the approval document for the establishment concerned) that the time during which the temperature of the meat product is between 10°C and 60°C is kept to a minimum;
.
Consequential amendment
4
In so far as it extends to England, Schedule 2 to the Products of Animal Origin (Import and Export) Regulations 1996 (Regulations relevant to intra-Community trade) is amended by the insertion of the following reference at the end of its paragraph 5–
The Meat Products (Hygiene) (Amendment) (England) Regulations 2000.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
15th March 2000
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State for Health,
Department of Health
18th March 2000


text:
Citation, commencement, application, transitional provisions and saving
1
1
These Regulations may be cited as the Pipe-line Works (Environmental Impact Assessment) Regulations 2000 and shall come into force on 1st September 2000.
2
These Regulations apply to any EIA application received by the Secretary of State after the coming into force of these Regulations.
3
Notwithstanding their revocation by the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 , the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 shall continue to apply to any application under section 1 of the 1962 Act in respect of a pipe-line which is intended to convey oil or gas which is received by the Secretary of State before the coming into force of these Regulations.
Interpretation
2
In these Regulations —
“the 1962 Act” means the Pipe-lines Act 1962 ;
“applicant” means a person making an EIA application, and “prospective applicant” shall be construed accordingly;
“appropriate particulars” means —
the name and address of the applicant or prospective applicant;
a plan sufficient to identify the relevant pipe-line works and the land in which the relevant pipe-line works are to be carried out; and
a brief description of the nature and purpose of the relevant pipe-line works and what the applicant or prospective applicant considers to be likely to be their main effects on the environment;
“business day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in any part of the United Kingdom by virtue of the Banking and Financial Dealings Act 1971 ;
“construction”, in relation to a pipe-line, includes placing, and cognate expressions shall be construed accordingly;
“the consultation bodies”, in relation to relevant pipe-line works, means —
the relevant planning authority;
in the case of relevant pipe-line works in England, the Countryside Agency , the Nature Conservancy Council for England and the Environment Agency ;
in the case of relevant pipe-line works in Scotland, Scottish Natural Heritage and the Scottish Environment Protection Agency ;
in the case of relevant pipe-line works in Wales, the Countryside Council for Wales and the Environment Agency;
“contravention” includes a failure to comply;
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EIA application” means an application for a pipe-line construction authorisation in respect of relevant pipe-line works;
“effect” includes, except where the context otherwise requires, any direct, indirect, secondary, cumulative, short, medium or long-term, permanent or temporary, or positive or negative effect;
“environmental statement” means a statement prepared in respect of relevant pipe-line works which includes —
such information of the descriptions referred to in Schedule 1 to these Regulations as is relevant, taking into account the specific characteristics of the pipe-line works or type of pipe-line works proposed and the environmental features likely to be affected, and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, and
in every case, the following —
a description of the pipe-line works proposed, comprising information about the route, the design and size of the pipe-line works;
a description of the measures envisaged in order to prevent, reduce and, if possible, offset significant adverse effects;
the data required to identify and assess the main effects which the pipe-line works are likely to have on the environment;
an outline of the main alternatives studied by the applicant and an indication of the main reasons for choosing the pipe-line works proposed, taking into account the environmental effects;
a non-technical summary of the information provided under sub-sub-paragraphs (i) to (iv) above;
“the Gazette” has the same meaning as in paragraph 3(2) of the First Schedule to the 1962 Act;
“in”, in a context referring to a pipe-line or works or operations in land, includes a reference to a pipe-line, works or operations under, over, across, along or upon it;
“local planning authority” means an authority which is a local planning authority for the purposes of the Town and Country Planning Act 1990 ;
“notice” means notice in writing and cognate expressions shall be construed accordingly;
“pipe-line” means a pipe-line within the meaning of section 65 of the 1962 Act the purpose of which is the conveyance of oil, gas or chemicals;
“pipe-line construction authorisation” means an authorisation for the construction of a cross-country pipe-line granted under section 1(1) of the 1962 Act;
“pipe-line works” means the carrying out of building, engineering or other operations in land for the construction of a pipe-line;
“planning authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“public notice period” means, in relation to an application for a pipe-line construction authorisation, the period stated in the notices required to be published by the applicant under paragraph 3 of the First Schedule to the 1962 Act within which objections to the application can be sent to the Secretary of State;
“relevant planning authority” means, in the case of relevant pipe-line works, each local planning authority or planning authority within whose area any of the works are proposed to be carried out;
“relevant pipe-line works” means pipe-line works to which section 1(1) of the 1962 Act applies in respect of either any pipe-line which is intended to convey oil or gas or any pipe-line exceeding 40 kilometres in length and 800 millimetres in diameter which is intended to convey chemicals.
Grant of pipe-line construction authorisation by Secretary of State in respect of relevant pipe-line works
3
1
The Secretary of State shall not grant a pipe-line construction authorisation in respect of relevant pipe-line works unless —
a
the applicant submits to the Secretary of State an environmental statement in respect of the relevant pipe-line works in question; or
b
the EIA application in question is the subject of a direction given under regulation 4 below.
2
Where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State shall not grant a pipe-line construction authorisation in respect of the relevant pipe-line works to which that application relates unless he —
a
is satisfied that the requirements of regulations 7 and 8 below, as appropriate, have been substantially complied with; and
b
has taken into consideration —
i
the environmental statement;
ii
any information in respect of the relevant pipe-line works of the kind referred to in regulation 8(2) below;
iii
any representations in respect of the relevant pipe-line works made by any person to whom a copy of the environmental statement was required to be sent pursuant to these Regulations; and
iv
any opinions expressed by the public.
3
In any case where another EEA State has requested as described in regulation 10(2) below to participate in the procedure under these Regulations in relation to an EIA application, the Secretary of State shall not grant a pipe-line construction authorisation for the relevant pipe-line works the subject of that application unless he —
a
is satisfied that the requirements of regulation 10(1) and (2) below have been complied with;
b
has communicated to that EEA State the response that he proposes to make to the EIA application in question (including information as to any measures envisaged to reduce or eliminate any possible significant effects of the relevant pipe-line works concerned on the environment of the other EEA State);
c
is satisfied that —
i
the EEA State concerned has been consulted regarding the relevant pipe-line works for such reasonable period as may have been agreed with such EEA State pursuant to regulation 10(2)(b) below and in particular that it has been afforded a reasonable opportunity to make representations regarding the relevant pipe-line works and the proposed response referred to in sub-paragraph (b) above; and
ii
an opportunity has been afforded to the public in that EEA State and to those authorities which by reason of their particular environmental responsibilities in that EEA State are likely to be interested in the relevant pipe-line works to forward to the Secretary of State within a reasonable time representations regarding the documents and information referred to in regulation 10(1) and (2)(a) below; and
d
has taken into consideration any representations made by the EEA State, members of the public and authorities in that EEA State and any information regarding the relevant pipe-line works supplied by any of them.
4
In any case where an environmental statement is submitted to the Secretary of State in connection with an EIA application, the Secretary of State shall —
a
notify the applicant, any EEA State which has been sent a copy of the environmental statement pursuant to regulation 10 below and such other persons as the Secretary of State considers appropriate, of his decision in relation to the EIA application; and
b
provide to such persons together with the notification mentioned in sub-paragraph (a) above a statement setting out —
i
the content of the decision and, where applicable, any conditions to which the carrying out of the relevant pipe-line works is to be subject;
ii
the main reasons and considerations upon which the decision is based;
iii
a description, where necessary, of the main measures required to be taken to avoid, reduce and, if possible, offset the major adverse effects of the relevant pipe-line works.
5
The applicant for the pipe-line construction authorisation in question shall, no later than 14 days after the date of the notification under paragraph (4)(a) above, inform the public of the decision by publishing in one or more local newspapers circulating in each area in which the relevant pipe-line works would be carried out a notice which —
a
sets out the decision and any conditions to which the carrying out of the relevant pipe-line works is to be subject;
b
gives an address in Great Britain at which copies of the statement by the Secretary of State referred to in paragraph (4)(b) above may be obtained and states that such copies may be obtained free of charge during a period of not less than 8 weeks immediately following the date on which the notice is to be last published,
and the applicant shall satisfy all reasonable requests made during the period mentioned in sub-paragraph (b) above for copies of the statement referred to in paragraph (4)(b) above.
6
The applicant shall provide the Secretary of State with copies of each of the newspapers in which the notices referred to in paragraph (5) above appeared in each case no later than 7 days after the date of publication of those newspapers.
Directions that no environmental statement need be prepared
4
1
Where —
a
a prospective applicant makes an application containing the appropriate particulars to the Secretary of State for him to exercise the power conferred by this paragraph (1); and
b
the Secretary of State is satisfied that either —
i
the carrying out of the relevant pipe-line works described in that application; or
ii
the carrying out of the relevant pipe-line works as modified or carried out in a particular way or carried out at a particular time,
is not likely to have a significant effect on the environment, he may, subject to paragraph (4) below, give a direction that any EIA application made while the direction remains in force in respect of those relevant pipe-line works or those relevant pipe-line works as modified or to be carried out in the manner or at the time specified in the direction need not be accompanied by an environmental statement.
2
In deciding whether or not to give a direction under paragraph (1) above, the Secretary of State shall consult the relevant planning authority and take into consideration such of the matters set out in Schedule 2 to these Regulations as appear to him to be relevant.
3
A prospective applicant shall provide to the Secretary of State such further information in relation to an application made by him under paragraph (1)(a) above as the Secretary of State may require.
4
No direction shall be given under paragraph (1) above in respect of any application for a pipe-line construction authorisation —
a
for the execution of works for the construction of a pipe-line of more than 40 kilometres in length and of more than 800 millimetres in diameter; or
b
in respect of which another EEA State has requested to participate in the procedure as described in regulation 10(2) below.
5
Any direction given under this regulation shall remain in force for 12 months (or such shorter period as may be specified in the direction) from the date on which it was given.
6
The Secretary of State shall give notice to the prospective applicant concerned of his decision in relation to any application made under this regulation.
7
The Secretary of State shall publish in the Gazette notice of every direction given by him under this regulation.
Pre-application opinion by the Secretary of State as to content of environmental statement
5
1
This regulation applies where a prospective applicant makes a request to the Secretary of State accompanied by the appropriate particulars for the Secretary of State’s opinion in writing as to the information to be provided in an environmental statement in respect of the relevant pipe-line works referred to in the request.
2
Subject to paragraph (3) below, the Secretary of State shall give an opinion in response to a request under paragraph (1) above, having first —
a
taken into account —
i
the specific characteristics of the particular relevant pipe-line works;
ii
the specific characteristics of pipe-line works of the type concerned;
iii
the environmental features likely to be affected by the relevant pipe-line works; and
iv
the extent to which it is reasonable to require the prospective applicant who has made the request under paragraph (1) above to compile the information referred to in that paragraph, having regard, inter alia, to current knowledge and methods of assessment; and
b
consulted the prospective applicant and the consultation bodies.
3
Where the Secretary of State, having received a request under paragraph (1) above, considers that he has not been provided with sufficient information to enable him to give an opinion on the questions raised or to consult in accordance with paragraph (2)(b) above, he shall notify the prospective applicant of the particular points on which he requires further information.
4
The prospective applicant making the request under paragraph (1) above shall supply the Secretary of State with such number of additional copies of the plan accompanying the request as the Secretary of State may reasonably require.
5
The prospective applicant and the consultation bodies shall communicate their views (if any) on the consultation carried out by the Secretary of State under paragraph (2)(b) above no later than four weeks after the date on which they were consulted.
6
The Secretary of State shall give an opinion in response to a request under paragraph (1) above no later than four weeks after whichever is the later of —
a
the date of receipt by him of further information pursuant to a notice under paragraph (3) above; or
b
the expiry of the period for the prospective applicant and the consultation bodies to give their views to the Secretary of State in accordance with paragraph (5) above, or, if earlier, the date by which he has received the views of the prospective applicant and all the consultation bodies consulted under paragraph (2)(b) above,
or by such later date as may be agreed in writing between him and the prospective applicant.
7
An opinion given by the Secretary of State under paragraph (2) above shall be without prejudice to the power of the Secretary of State to request further information under regulation 8 below.
Provision of information
6
1
This regulation applies where a prospective applicant makes a request to the Secretary of State accompanied by the appropriate particulars for the provision to him of any information which —
a
would assist him in the preparation of an environmental statement in respect of the relevant pipe-line works referred to in the appropriate particulars; and
b
but for the provisions of this paragraph, could not readily be obtained by him.
2
Where the Secretary of State receives a request under paragraph (1) above, he shall —
a
provide to the prospective applicant the name and address of any consultation body which he considers may have any information of the kind referred to in paragraph (1) above; and
b
at the same time as he provides the name and address of any consultation body to the prospective applicant, serve on that body a notice which —
i
states that he has provided the name and address of the consultation body to the prospective applicant;
ii
refers to the duty imposed on the consultation body concerned by paragraph (3) below; and
iii
is accompanied by a copy of the request made under paragraph (1) above.
3
Any consultation body on which a notice in accordance with paragraph (2) above has been served shall, if so requested in writing by the prospective applicant, enter into consultation with him to determine whether the body has in its possession any information which it or the prospective applicant considers is of the kind referred to in paragraph (1) above, and if it has such information, the body shall, subject to paragraphs (4) and (5) below, make it available to the prospective applicant.
4
A reasonable charge reflecting the cost of making the relevant information available may be made by any body supplying it.
5
Nothing in this regulation shall require the disclosure of any information which is by virtue of any rule of the law of any part of Great Britain subject to any obligation of confidentiality.
Publicity for environmental statements
7
1
In any case where an environmental statement has been submitted to the Secretary of State in connection with an EIA application and the Secretary of State has notified the applicant that the application is to be allowed to proceed, the following provisions of this regulation shall apply.
2
The Secretary of State shall serve on the applicant concerned a notice specifying those persons on whom the applicant is to serve the documents referred to in paragraph (3) below, which persons shall include —
a
the consultation bodies; and
b
any other persons on whom environmental responsibilities are conferred by or under any enactment other than these Regulations who in the opinion of the Secretary of State are likely to be interested in the particular relevant pipe-line works.
3
The applicant shall serve on each person notified to him under paragraph (2) above —
a
a copy of the EIA application in question (excluding any material which the applicant is not entitled to make available for public inspection or which the Secretary of State has agreed should not be made available for public inspection) and any plan submitted with it (unless he has already served those documents on the person concerned);
b
a copy of the environmental statement submitted in connection with the application; and
c
a notice stating that representations may be made to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the environmental statement was served on the person concerned,
and he shall notify the Secretary of State of the name of every person he has served under this paragraph, and of the dates of such service, in each case no later than 7 days after such date.
4
The applicant shall —
a
ensure that any notice which he is required to publish or serve under paragraph 3 of the First Schedule to the 1962 Act satisfies the requirements of paragraph (5) below;
b
make available for public inspection at an address in the locality in which the land to which the application relates is situated between the hours of 10 a.m. and 4 p.m. on business days during the public notice period a copy of —
i
the application and any plan submitted with it (excluding any material which the applicant is not entitled to make available for public inspection or which the Secretary of State has agreed should not be made available for public inspection); and
ii
the environmental statement which accompanied it;
c
make available at an address (whether or not the same as that referred to in sub-paragraph (b) above) in the locality in which the land to which the application relates is situated enough copies of the environmental statement to be likely to satisfy all reasonable demands for copies pursuant to sub-paragraph (d) below; and
d
subject to sub-paragraph (c) above and to the receipt by the applicant of any payment specified in accordance with paragraph (5)(d) below, supply during the public notice period to any person on request a copy of the environmental statement.
5
A notice to which paragraph (4)(a) above applies, shall —
a
describe the application in question and state that it is accompanied by an environmental statement;
b
state that a copy of the application, any plan submitted with it and the environmental statement may be inspected by members of the public;
c
give the address referred to in paragraph (4)(b) above at which the copy documents referred to in that paragraph may be inspected and the dates and times when they will be available for inspection; and
d
give the address referred to in paragraph (4)(c) above at which copies of the environmental statement may be obtained and state that copies of the environmental statement may be obtained there, specifying, subject to regulation 9 below, the amount of any payment required to be tendered for the statement.
6
The applicant shall provide the Secretary of State with copies of each of the newspapers and the Gazette in which the notices referred to in paragraph (4)(a) above appeared, in each case no later than 7 days after the date of publication of those newspapers and the Gazette.
Further information and evidence respecting environmental statements
8
1
Where the Secretary of State has been provided with an environmental statement in connection with an EIA application, he may in writing require the applicant concerned to provide such further information as he may specify, including such evidence as he may reasonably require in support of anything contained in such statement.
2
Where, in the opinion of the Secretary of State, any of the information provided pursuant to a requirement imposed under paragraph (1) above ought to have been included in the environmental statement in question, the Secretary of State shall notify the applicant in writing accordingly, specifying the information in question, and the provisions of paragraphs (3) to (7) below shall apply in respect of such information.
3
The applicant shall serve a copy of the further information on any person on whom the environmental statement was required to be served under regulation 7(3)(b) above, together with a notice referring to the material previously served on that person and stating that further representations may be made in writing to the Secretary of State by a date specified in the notice which shall be at least 28 days after the date on which the further information and notice were served on that person and the applicant shall notify the Secretary of State of the name of every such person on whom he has served those documents and the date of such service.
4
The applicant shall make available to the public copies of the EIA application, the environmental statement and the further information in the same way as the applicant previously made available the application and the environmental statement for the period commencing on the date of first publication of the notice referred to in paragraph (5) below and expiring on a date not less than 28 days after the date on which the notice is to be last published, in each case whether pursuant to paragraph (5) or (6) below.
5
The applicant shall publish in two successive weeks in one or more local newspapers circulating in each area in which the relevant pipe-line works would be carried out a notice —
a
referring to the previous notice in respect of the application and environmental statement and stating that further information is available supplementing the environmental statement which has already been provided;
b
stating that a copy of the application, environmental statement and further information may be inspected by members of the public;
c
giving the address and times at which copies of those documents may be inspected and the latest date (being a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below) on which they will be available for inspection;
d
giving the address at which copies of the environmental statement and further information may be obtained and stating that copies of those documents may be obtained there and, subject to regulation 9 below, specifying the amount of any charge to be made for a copy of the statement or information; and
e
stating that any person wishing to make representations about the application should make them in writing to the Secretary of State by a date not less than 28 days after the date on which the notice is to be last published, whether pursuant to this paragraph or paragraph (6) below and specifying the address to which any such representations should be sent.
6
The applicant shall also publish a copy of the notice referred to in paragraph (5) above in the Gazette.
7
The applicant shall provide the Secretary of State with copies of each of the newspapers and the Gazette in which the notices referred to in paragraphs (5) and (6) above appeared, in each case no later than 7 days after the date of publication of those newspapers and the Gazette.
Charges
9
An applicant may make the supply, in accordance with regulations 7(4)(d) and 8(4) above, to any person of a copy of an environmental statement or any further information conditional on the receipt by the applicant, in relation to each supply, of a reasonable sum (in case of dispute, to be determined by the Secretary of State) calculated by reference to the cost of printing and distributing copies of the statement or further information, as the case may be.
Projects affecting other EEA States
10
1
Where an environmental statement is submitted to the Secretary of State in connection with an EIA application, he receives an application pursuant to regulation 4(1)(a) above or gives an opinion pursuant to regulation 5(2) above and —
a
it appears to him that the relevant pipe-line works in question are likely to have significant effects on the environment of another EEA State; or
b
another EEA State which considers its environment is likely to be significantly affected by such works so requests,
he shall send the EEA State in question as soon as possible and no later than the date on which the environmental statement in respect of the relevant pipe-line works is made available to the public (except in a case where a request is made by an EEA State after that date) —
i
a description of the relevant pipe-line works, together with any available information on the possible significant effects of the relevant pipe-line works on the environment of the other EEA State; and
ii
a notice explaining the nature of the decision to be taken as to whether or not to grant consent for the carrying out of the relevant pipe-line works and informing the EEA State in question that it may within such reasonable period as may be specified in the notice request to participate in the procedure relating to the taking of the decision pursuant to these Regulations.
2
Where another EEA State requests to participate in the procedure under these Regulations in relation to particular relevant pipe-line works, the Secretary of State shall —
a
save to the extent that he has not already done so, send that EEA State —
i
a copy of the EIA application (excluding any material which the applicant is not entitled to make available for public inspection or which the Secretary of State has agreed should not be made available for public inspection) and any plan submitted with it;
ii
the environmental statement in respect of the relevant pipe-line works; and
iii
to the extent that it is not included in the items referred to in sub-sub-paragraph (i) or (ii) above and subject to paragraph (3) below, any other available information which is relevant to the procedure under these Regulations; and
b
enter into consultations with the EEA State concerned, for such reasonable period as may have been agreed with that EEA State, regarding, inter alia, the possible significant effects of the relevant pipe-line works on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects.
3
Nothing in this regulation shall require the disclosure by the Secretary of State of any material which is subject to an obligation of confidentiality under the law of any part of Great Britain.
Applications to court
11
1
Subject to paragraph (2) below, for the purposes of regulations 12 and 13 below, the expression “the court” means —
a
in respect of relevant pipe-line works in England and Wales, the High Court; and
b
in respect of relevant pipe-line works in Scotland, the Court of Session.
2
Where any relevant pipe-line works are carried out or are to be carried out in both England and Wales and Scotland, then the High Court and the Court of Session shall both have jurisdiction in relation to any application under regulation 12 or 13 below.
Application to court by person aggrieved
12
1
On the application of any person aggrieved by —
a
the grant of a pipe-line construction authorisation in respect of relevant pipe-line works, or
b
the attaching by the Secretary of State, for reasons arising from his consideration of the environmental statement submitted by the applicant, of a condition to the permission deemed to be granted in respect of relevant pipe-line works under a direction by the Secretary of State under section 5 of the 1962 Act,
the court may grant an order quashing the authorisation or, as the case may be, the condition where it is satisfied that the authorisation was granted or the condition attached, as the case may be, in contravention of regulation 3(2)(b) above or that the interests of the person applying to the court have been substantially prejudiced by any contravention of any other requirement of these Regulations.
2
An application to the court under this regulation shall be made no later than 6 weeks after the date of last publication by the applicant of details of the Secretary of State’s decision in respect of the EIA application in question in accordance with regulation 3(5) above.
3
The court may by interim order, pending the determination of any question referred to in paragraph (1) above, stay the operation of the authorisation or, as the case may be, any condition of the kind referred to in paragraph (1)(b) above on such terms as it may think fit.
Application to the court by Secretary of State
13
1
Subject to paragraph (3) below, where an applicant carries out relevant pipe-line works in breach of a condition of the kind referred to in regulation 12(1)(b) above the court may, on the application of the Secretary of State, make an order restraining the applicant from proceeding or continuing with the works or compelling him to the performance of any act required of him by any such condition.
2
The court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring —
a
the removal, so far as is practicable in all the circumstances, of any pipe-lines, structures or other things placed in land as a result of the carrying out of any relevant pipe-line works;
b
where it so orders such removal, the reinstatement of the site where the works had been carried out.
3
The court shall not make an order under this regulation in respect of a breach of any condition of the kind referred to in regulation 12(1)(b) above where it is satisfied that —
a
the breach in question was due to circumstances beyond the control of the applicant and the breach could not reasonably have been prevented by him; or
b
the breach occurred as a result of anything required to be done as a matter of urgency for the purposes of securing the safety of any person.
4
Where the applicant fails to comply with an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the applicant.
5
Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the applicant’s failure to comply with the order.
Offences
14
1
Any person who intentionally or recklessly submits to the Secretary of State —
a
an environmental statement;
b
appropriate particulars; or
c
any information required to be submitted by virtue of any provision of these Regulations,
which is false or misleading in a material particular shall be guilty of an offence.
2
Subject to paragraph (3) below, an applicant who intentionally contravenes a condition of the kind referred to in regulation 12(1)(b) above shall be guilty of an offence.
3
It shall be a defence to a charge under paragraph (2) above for the applicant to show —
a
that he took all reasonable steps and exercised all due diligence to avoid committing the offence; or
b
that the acts in question were attributable to anything required to be done as a matter of urgency for the purposes of securing the safety of any person.
4
A person guilty of an offence under this regulation shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
5
Where an offence under any provision of this regulation committed by a body corporate 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 other similar officer of the body corporate or a person who was purporting to act in such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Where the affairs of a body corporate are managed by its members, paragraph (5) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
7
No proceedings for an offence under this regulation shall be instituted in England and Wales except —
a
by or with the consent of the Director of Public Prosecutions; or
b
by the Secretary of State or a person authorised by him in that behalf.
Service of notices
15
1
Any notice or other document required or authorised to be given to or served on any person under these Regulations may be given or served by —
a
delivering it to that person; or
b
leaving it at his proper address; or
c
sending it to his proper address by the recorded delivery service.
2
Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership shall be duly given to or served on the secretary or clerk or other similar officer of that body.
3
Any notice or other document required or authorised to be given to or served on any partnership may be given to or served on a partner or a person having the control or management of the partnership business.
4
Subject to paragraph (5) below, for the purposes of this regulation, the proper address of any person to whom or on whom any such notice or document is to be given or served shall be his last known address except that such address shall be —
a
in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
b
in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and
c
in the case of a partnership or a person having control or the management of the partnership business, the address of the principal office of the partnership, and for the purposes of this paragraph the principal office of a company registered outside Great Britain or of a partnership carrying on business outside Great Britain shall be its principal office within Great Britain.
5
If the person to be given or served with any such notice or document has furnished the person by whom the notice or document is to be given or served with an address pursuant to any provision of these Regulations, that address shall also be treated for the purposes of this regulation as his proper address.
Helen Liddell,
Minister for Energy and Competitiveness in Europe,
Department of Trade and Industry
17th July 2000


text:
1
This Order may be cited as the Submarine Pipelines (Designated Owners) (Revocation) Order 2000 and shall come into force on 30th November 2000.
2
The Orders mentioned in the Schedule to this Order shall be revoked to the extent specified in the third column of that Schedule.
Helen Liddell,
Minister for Energy and Competitiveness in Europe,
Department of Trade and Industry
2nd November 2000


text:
1
This Order may be cited as the A43 Trunk Road (M40 to B4031 Improvement) (Detrunking) Order 2000 and shall come into force on 9th June 2000.
2
In this Order —
i
“the plan” means the plan numbered PSE/O/A43/2/65/2/2 marked “The A43 Trunk Road (M40 to B4031 Improvement) (Detrunking) Order 2000” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0SE;
ii
“the trunk road” means the A43 Trunk Road; and
iii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in the A43 Trunk Road (M40 to B4031 Improvement) Order 2000, and the A43 Trunk Road (M40 to B4031 Improvement Slip Roads) Order 2000.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be trunk road from the date on which the Secretary of State notifies the County Council of Oxfordshire, that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W.S.C. Wadrup
A Divisional Director in the Highways Agency
10th May 2000