text:
Citation and commencement
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) Regulations 2000 and shall come into force on 31st August 2000.
Interpretation
2
In these Regulations —
“ the Act ” means the Finance Act 2000;
“back-up officer” means a master or a deck or engineer officer required for the purpose of enabling a ship to be operated on an indefinite basis, allowing for leave, in addition to the officers required by the safe manning document;
“base rate” means the interest rate set by the Bank of England which is used as the basis for other banks' rates;
“British citizen” means a person who is a British citizen within the meaning of the British Nationality Act 1981 ;
“British citizen from the Channel Islands or Isle of Man” means a person who holds British citizenship by virtue of the fact that he, a parent or grandparent was born, adopted, naturalised or registered in one of those islands, and neither he nor any parent or grandparent was born, adopted, naturalised or registered in the United Kingdom, and he has never been ordinarily resident in the United Kingdom for five years;
“Chamber of Shipping” means the trade association for the United Kingdom shipping industry, incorporated under that name as a company limited by guarantee;
“conversion training” means training of at least ten months' duration for a merchant navy rating, a person formerly employed in Her Majesty’s Navy or a skipper or crew member of a fishing vessel, which leads to a first certificate of competency;
“ EEA Agreement ” means 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 ;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement;
“effective officer complement” means the class comprising the relevant officers and back-up officers for a ship, and is calculated in accordance with regulation 4;
“eligible officer trainee” has the meaning given by regulation 7;
“first certificate of competency” means any of the following certificates referred to in the STCW Convention —
the appropriate certificate for an officer in charge of a navigational watch referred to in Regulation II /1.1, II/3.1 or II/3.3,
the appropriate certificate for an officer in charge of an engineering watch referred to in Regulation III /1.1;
“ IMO number ” means the number assigned to the ship in accordance with Resolution A.600(15) of 19th November 1987 of the International Maritime Organization;
“ Maritime Training Trust ” means the body of that name which has been set up by the Chamber of Shipping, the National Union of Marine, Aviation and Shipping Transport Officers ( NUMAST ) and the National Union of Rail, Maritime and Transport Workers ( RMT ) to hold and allocate monies contributed by organisations for the purpose of promoting the training of seafarers;
“ Merchant Navy Training Board ” means the body of that name which is recognised by the Secretary of State under section 2 of the Employment and Training Act 1973 as a national training organisation for maintaining and enhancing skills in the shipping industry;
“nationality groups” means the following groups:
British citizens,
nationals of EEA States other than the United Kingdom, and
people who do not fall within paragraph (a) or (b);
“ Ratings Task Force ” means the ad hoc group of that name comprising representatives from industry, trade unions and government and chaired by the Chamber of Shipping;
“relevant course” means a course which leads to a first certificate of competency;
“relevant four month period” means a period of four months commencing 1st October, 1st February or 1st June;
“relevant officer” means a master or a deck or engineer officer;
“safe manning document” means a document described as such or as a safe manning certificate and issued, in the case of a United Kingdom ship, by the Secretary of State, and in the case of any other ship, by or on behalf of the government of the State whose flag the ship is entitled to fly;
“the STCW Convention” means the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended on 7th July 1995;
“United Kingdom ship” means a ship registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 ; and
“year” means a twelve month period beginning on 1 October.
The minimum training obligation
3
The minimum obligations of a tonnage tax company as regards the training of seafarers shall be calculated as set out in regulations 4 and 5.
4
1
Subject to the provisions of this regulation —
a
for every 15 posts in the effective officer complement for the qualifying ships operated by the company during a year, and
b
in any case where there are less than 15 posts in that effective officer complement,
a tonnage tax company shall during that year provide the first year of training on a relevant course for not less than one eligible officer trainee.
2
Where a safe manning document is required to be carried on board a qualifying ship, the number of posts in the effective officer complement shall be calculated by adding the number of relevant officers required by the safe manning document for the ship and the number of back-up officers required for that ship.
3
Where a safe manning document is not required to be carried on board a qualifying ship, the number of posts in the effective officer complement shall be deemed to be three.
4
Where the number of posts in the effective officer complement is more than 15 but is not a multiple of 15, the calculation of the number of eligible officer trainees for whom training is to be provided under paragraph (1) is as follows —
a
divide the number of posts in the effective officer complement by 15,
b
if the resulting number involves a fraction of less than a half, round it down to the nearest whole number, and
c
if the resulting number involves a fraction of a half or more, round it up to the nearest whole number.
5
For the purposes of paragraph (2) and regulation 8(4)(b)(iv)(bb), the number of back-up officers required for a ship shall be calculated by reference to the ratio of leave to work for officers on that ship, but shall not in any event be less than 50% of the number of relevant officers required by the safe manning document for that ship.
6
In addition to the training provided under paragraph (1) during a year, the company shall during that year provide training on a relevant course for not less than the same number of eligible officer trainees as the number referred to in paragraph (7).
7
The number referred to in paragraph (6) is the number of eligible officer trainees who, in a previous year when the company was a tonnage tax company, started a relevant course which continues in the year in question; but this number shall not include any eligible officer trainee who started a relevant course more than two years before the year in question.
8
Where the training provided for an eligible officer trainee consists of conversion training, the trainee shall count as half a trainee for the purposes of paragraphs (1) and (6).
5
The Board of directors of a tonnage tax company shall each year review the feasibility of adopting the options agreed by the Ratings Task Force for the training of ratings.
6
Where a company is a member of a tonnage tax group, references in regulations 3, 4 and 5 to “tonnage tax company” and “company” shall be treated as references to “tonnage tax group” and “group” respectively.
Meaning of “eligible officer trainee”
7
For the purposes of these Regulations, an “eligible officer trainee ” means a person on a relevant course who is —
a
a national of an EEA State, or a British citizen from the Channel Islands or Isle of Man, and
b
ordinarily resident in the United Kingdom.
The training commitment
8
1
Except where paragraph (2) applies, a tonnage tax company shall annually produce a training commitment in respect of the coming year.
2
Where a company is a member of a tonnage tax group, the tonnage tax group shall annually produce a training commitment in respect of the coming year.
3
The tonnage tax company in paragraph (1), or the tonnage tax group in paragraph (2), shall submit the training commitment to the Secretary of State for approval.
4
The training commitment submitted to the Secretary of State shall contain the following information —
a
either —
i
the total numbers of relevant officers and of ratings, and the breakdowns of these numbers in terms of nationality groups, employed in each ship which the company or group expects to operate as a qualifying ship during the coming year, or
ii
the total numbers of relevant officers and of ratings, and the breakdowns of these numbers in terms of nationality groups, employed in all ships which the company or group expects to operate as qualifying ships during the coming year;
b
in respect of each ship which the company or group expects to operate as a qualifying ship during the coming year —
i
the name of the ship,
ii
the IMO number, if assigned,
iii
the State or territory in which the ship is registered, or if it is not registered in any State or territory, the State whose flag the ship is entitled to fly,
iv
where a safe manning document is required to be carried on board the ship —
aa
the number of relevant officers required by that document, and
bb
the figure, calculated by reference to the number of back-up officers required for a ship, by which the number referred to in sub-paragraph (aa) is to be multiplied to obtain the number of posts in the effective officer complement, and
v
the number of posts in the effective officer complement;
c
the total number of eligible officer trainees for whom the company or group expects to provide the first year of training on approved courses during the coming year;
d
details of the company’s or group’s proposals to meet the minimum training obligation by making payments in lieu of training, and the reasons for meeting the obligation in this way;
e
details of the company’s or group’s proposals for adopting the options agreed by the Ratings Task Force for the training of ratings or, where applicable, reasons for not adopting those options; and
f
the number of ratings who the company or group expects to be involved in the adoption of any options referred to in paragraph (e).
5
In addition to the information required under paragraph (4), the training commitment submitted to the Secretary of State shall contain an undertaking by the company or group —
a
to comply with the minimum training obligation;
b
to exercise best endeavours to provide the training referred to in regulation 4(1) and (6), and to make payments in lieu of training where such training is not provided;
c
to make payments in lieu of training, in any case where —
i
a qualifying ship is operated by the company or group in addition to those which were expected to be operated, but
ii
it is not practicable to train the additional trainees required to meet the minimum training obligation; and
d
to comply with the requirements of regulation 12 and with any direction to the company or group under regulation 19.
9
When considering whether to approve a training commitment, the Secretary of State may consult the Merchant Navy Training Board or the Maritime Training Trust or both.
10
1
Where the Secretary of State is minded not to approve a training commitment, he shall notify the company or group and shall invite representations.
2
If the Secretary of State and the company or group are unable to reach agreement on the contents of the training commitment by the end of the period of 30 days beginning with the date of the Secretary of State’s notification, the Secretary of State may set the training commitment for the year.
3
On the application of the company or group concerned, made after consultation with the Maritime Training Trust, the Secretary of State may vary the training commitment set by him under paragraph (2).
11
1
On the application of the company or group concerned, the Secretary of State may adjust a training commitment (to any extent) to take account of changed circumstances.
2
Such an application shall contain the following information —
a
details of the changed circumstances, and
b
reasons why the training commitment should be adjusted.
3
When considering an application for adjustment, the Secretary of State may consult the Merchant Navy Training Board or the Maritime Training Trust or both.
“End of period adjustments”
12
1
A tonnage tax company or tonnage tax group shall make a return (known as an “end of period adjustment”) within 30 days after the end of each relevant four month period.
2
The return shall be made to the Secretary of State and to the Maritime Training Trust.
3
The return shall contain the following information —
a
the number of eligible officer trainees for whom training on a relevant course has been provided, determined as at the first day of each month in the relevant four month period;
b
where there is an increase in the total number of qualifying ships operated by the company or group, compared with the training commitment, which occurs during the relevant four month period and relates to a period of not less than one month, details of —
i
the additional ships, and
ii
any consequent increase in the number of eligible officer trainees for whom training should have been provided in order to meet the minimum training obligation of the company or group referred to in regulation 3; and
c
details of the payments made or proposed to be made in lieu of training in respect of the relevant four month period.
Payments in lieu of training
13
Where a company or group is unable to provide the training required by regulation 4(1) or (6), it may propose in its training commitment to meet the minimum training obligation by making payments in lieu of training.
14
A company or group shall make payments in lieu of training —
a
where its training commitment provides for such payments, or
b
where training is not provided in accordance with its training commitment.
15
1
The payments in lieu of training shall be calculated in respect of each relevant four month period as follows —
a
in respect of each eligible officer trainee for whom training is required to be provided under regulation 4(1) or (6), calculate the number of months in that period during which —
i
the training commitment of the company or group provided for payment in lieu of training, or
ii
the company or group did not provide training in accordance with its training commitment,
or both sub-paragraphs (i) and (ii) applied; and
b
multiply that number of months by £550, and the total is the amount of the payments in lieu of training which is due for that period.
2
For the purposes of the calculation in paragraph (1)(a), any surplus (as compared with the requirements in regulation 4(1) and (6)) in the number of months when training is provided during the relevant four month period shall be offset against any shortfall (as compared with those requirements) in that period.
16
The payments in lieu of training shall be made to the Maritime Training Trust, and shall become due 30 days after the end of each relevant four month period.
17
If in any case there is a failure in relation to a company or group to comply with the requirements of Part IV of Schedule 22 to the Act with respect to —
a
the submission of training commitments, or
b
the making of returns or provision of information,
the Secretary of State may determine to the best of his information and belief the amount of the payments in lieu of training to be made by the company or group.
18
1
A payment in lieu of training that has become due but is unpaid —
a
is a debt to the Maritime Training Trust, and
b
carries interest at an annual rate equivalent to base rate plus two per cent per annum.
2
The costs or expenses of any legal or other proceedings for recovering the debt or interest shall be recoverable, and carry interest, in the same way as the debt.
Directions to provide information
19
The Secretary of State may direct any person to provide such information as the Secretary of State may reasonably require for the purposes of ascertaining —
a
what the minimum training obligation of a company or group should be,
b
whether the proposals in a training commitment are adequate to meet the minimum training obligation of a company or group, or
c
whether a company or group has complied with its training commitment.
Audits
20
The Secretary of State may appoint one or more persons to carry out on his behalf an audit of the accounts or other records —
a
of a qualifying single company, or
b
of the qualifying companies in a group,
for the purpose of checking that any return or information provided to the Secretary of State is correct.
Higher rate of payment in case of failure to meet training requirement
21
1
Subject to paragraph (3), a company or group is to be treated as failing to meet its training commitment in any year where it fails to provide training on a relevant course for at least 50% of the total number of eligible officer trainees for whom the company or group proposed to provide such training in its training commitment.
2
Subject to paragraph (3) —
a
if a company fails to meet its training commitment in a particular year, the basic rate of any payments in lieu of training that fall to be made by the company in the following year shall be increased by 50%;
b
if a group fails to meet its training commitment in a particular year, the basic rate of any payments in lieu of training that fall to be made by any member of the group in the following year shall be increased by 50%; and
c
if a company or group fails to meet its training commitment in two or more successive years, the basic rate of any payments in lieu of training shall be increased by 100% in the third and subsequent years.
3
The higher rate shall not be payable where the Secretary of State is satisfied that there are mitigating circumstances for the company’s or group’s failure to meet the training commitment.
4
For the purposes of paragraph (2), “the basic rate” is £500 per eligible officer trainee per month.
Certificate of non-compliance
22
1
The Secretary of State may issue a certificate of non-compliance in respect of a single company if —
a
the company fails to meet its training commitment for successive periods amounting to not less than two years, or
b
the company, or any of its officers, commits an offence under Schedule 22 to the Act.
2
The Secretary of State may issue a certificate of non-compliance in respect of a group if —
a
the group fails to meet its training commitment for successive periods amounting to not less than two years, or
b
a member of the group, or an officer of a member, commits an offence under Schedule 22 to the Act.
3
The Secretary of State shall issue a certificate of non-compliance if any circumstances referred to in paragraph (1) or (2) arise, unless the Secretary of State is satisfied that there are good reasons why a certificate should not be issued.
23
1
A company or group in respect of which a certificate of non-compliance has been issued may apply to the Secretary of State to cancel the certificate.
2
Any such application shall contain information showing that —
a
the training commitment has been complied with for at least one year since the period in relation to which the certificate was issued, and
b
the company or group has made arrangements to ensure that its training commitment for the current and future years will be complied with.
24
When considering an application to cancel a certificate of non-compliance, the Secretary of State may consult the Merchant Navy Training Board or the Maritime Training Trust or both.
Disclosure of information
25
For the purposes of paragraph 34(2) of Schedule 22 to the Act, the following persons are prescribed persons involved in the training of seafarers —
a
the Merchant Navy Training Board, and
b
the Maritime Training Trust.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd August 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Charitable Deductions (Approved Schemes) (Amendment No. 2) Regulations 2000 and shall come into force on 21st August 2000.
2
Regulations 3 and 5 to 8 shall have effect in relation to supplements payable in respect of sums withheld on or after 6th April 2000 and before 6th April 2003.
Interpretation
2
In these Regulations —
“the principal Regulations ” means the Charitable Deductions (Approved Schemes) Regulations 1986 and “regulation” means a regulation of the principal Regulations;
“supplement” means the supplement payable under section 38 of the Finance Act 2000.
Amendments to the principal Regulations
3
In regulation 2 after the definition of “scheme” there shall be inserted the following definition —
“supplement” means the supplement payable under section 38 of the Finance Act 2000;
.
4
In regulation 3 —
a
in paragraph (b) the words “, subject to paragraph (e),” shall be omitted;
b
paragraph (e) shall be omitted.
5
In regulation 4A after paragraph (2) there shall be added the following paragraph —
3
The prescribed period for the purposes of section 38(1) of the Finance Act 2000 shall be —
a
the period of 7 days following 21st August 2000, or
b
if it ends later, the period within which payment of the sums paid to the approved agency by the employer pursuant to the scheme is to be made under this regulation.
6
In regulation 9 for paragraph (3) there shall be substituted the following paragraph —
3
Where an approved agency has not paid to the charities specified by the employees —
a
the sums paid to it by the employer pursuant to the scheme within the period set out in regulation 4A(1) and (2), or
b
any supplements relating to those sums within the period prescribed by regulation 4A(3),
the approved agency shall, not later than 7 days following the last day on which it should have paid those sums or supplements to the charities, inform the Board by furnishing a statement of those sums or supplements and the reasons why it has not been able to comply with regulation 4A.
7
In regulation 11(1) —
a
the word “and” immediately after sub-paragraph (b) shall be omitted;
b
immediately after sub-paragraph (c) there shall be added the words
and
d
for not less than 3 years, records of all supplements paid to charities specified by employees and records of all amounts received from the Board under section 38 of the Finance Act 2000.
8
After regulation 15 there shall be added the following regulation —
Overpayment of supplement to be treated as unpaid tax
16
Where the Board has made an overpayment under section 38 of the Finance Act 2000 to an approved agent, the amount of that overpayment may be assessed and recovered as if it were an amount of unpaid tax for the purposes of the Taxes Acts.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Control Measures) Order 2000 and shall come into force on 8th February 2000.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“Community control measure” means a provision of Regulation 2847/93 or of Regulation 1382/87 specified in Column 1 of the Schedule;
“fishing boat” includes a receiving vessel and a third country vessel, within the meaning of Regulation 2847/93;
“fishery products” includes fish;
“Regulation 2807/83” means Commission Regulation ( EEC ) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish as amended by Commission Regulation (EEC) No. 473/89 , Commission Regulation ( EC ) No. 2945/95 , Commission Regulation (EC) 395/98 , Commission Regulation 1488/98 and Commission Regulation (EC) No. 2737/99 ;
“Regulation 1382/87” means Commission Regulation (EEC) No. 1382/87 establishing detailed rules concerning the inspection of fishing vessels ;
“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the common fisheries policy as amended by Council Regulation (EC) No. 2870/95 , Council Decision (EC) 95/528 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 686/97 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 and Council Regulation (EC) 2846/98 ;
“Regulation 1449/98” means Commission Regulation (EC) No. 1449/98 laying down detailed rules for the application of Council Regulation (EEC) No. 2847/93 as regards effort reports ;
“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“relevant offence” means an offence under:
Article 3 of this Order, or
any provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community control measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“transport document” means a document drawn up in accordance with Article 13 of Regulation 2847/93;
“transporter” means the owner or the hirer of, or the person responsible for, any vehicle used to transport fisheries products.
2
In this Order —
a
the term “within relevant British Fishery Limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing —
i
any map, plan, graph or drawing,
ii
any photograph,
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
Any reference in this Order —
a
to the Schedule is a reference to the Schedule to this Order; and
b
to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made;
c
to a numbered Article of Regulation 2847/93 is a reference to the Article so numbered in that Regulation as read with any detailed rules for the implementation of that Article specified in the appropriate entry in column 2 of the Schedule.
4
Column 3 of the Schedule (which provides in relation to each Community control measure an indication of the subject matter of the measure) shall not be read as limiting the scope of any Community control measure and shall be disregarded in relation to any question arising as to the construction of this Order.
Offences
3
1
Where there is, in respect of —
a
any relevant British fishing boat wherever it may be;
b
any other fishing boat which is within relevant British Fishery Limits;
c
any entry into seas within relevant British Fishery Limits by any fishing boat; or
d
any fishery products, premises or vehicle in England or Northern Ireland,
a contravention of, or failure to comply with, a Community control measure specified in Column 1 of the Schedule the persons specified in the appropriate entry in Column 5 of the Schedule shall each be guilty of an offence.
2
Subject to paragraph (3), any person who in purported compliance with Articles 6, 7, 8.1, 9.1, 9.2, 9.5, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28.2a, 28c, 28e or 28f of Regulation 2847/93, furnishes information which he knows to be false in a material particular or recklessly furnishes information which is false in a material particular shall be guilty of an offence.
3
Paragraph (2) applies to any furnishing of information —
a
in England and Northern Ireland,
b
to a British sea-fishery officer performing any function under article 6 or 7 of this Order, or
c
in relation to any activity of a relevant British fishing boat, to the competent authorities in another Member State within the meaning of Regulation 2847/93.
Penalties
4
1
A person found guilty in England or Northern Ireland of an offence under article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in the appropriate entry in Column 4 of the Schedule;
b
on conviction on indictment to a fine.
2
A person found guilty in England or Northern Ireland of an offence under article 3(1) of this Order, or under any equivalent provision in an order extending to any other part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, founded on a contravention of, or failure to comply with —
a
Articles 19a.2, 20.1, 20a or 21c.2 of Regulation 2847/93 shall also be liable —
i
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
ii
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed; or
b
Articles 6, 8.1, 9, 11, 12, 13 or 17.2, Articles 19b and 19c or Articles 19e, 20.2, 28c (in relation to the requirements in respect of logbooks and recording of catches on board) or 28d of Regulation 2847/93 shall also be liable to the forfeiture of any fish in respect of which the offence was committed, or to a fine not exceeding the value of any fish in respect of which the offence was committed.
3
A person found guilty in England or Northern Ireland of an offence under article 3(2) of this Order, or under any equivalent provision extending to any other part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England or Northern Ireland on the master, owner, charterer, person responsible for the vessel or any other person who is convicted by the court of a relevant offence or an offence under article 10 of this Order, the court may for the purposes of recovering the fine —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; or
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order, or any equivalent provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community control measure, a British sea-fishery officer may exercise in relation to —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British Fishery Limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
inspect, take copies of and retain in his possession while he completes any search, examination and inspection provided for under this article, any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, or any equivalent provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community control measure, any British sea-fishery officer may in England and Northern Ireland —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activites described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England and Northern Ireland,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 6, 8.1, 9, 11, 12, 13, 17.2 or 19a.2, Articles 19b and 19c, Articles 19e, 20.2 or 21c.2 or Articles 28c or 28d of Regulation 2847/93 has been committed;
b
any fish caught with a net in respect of which he has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 20.1 or 20a of Regulation 2847/93 has been committed; and
c
any net or other fishing gear —
i
in respect of which he has reasonable grounds to suspect that a relevant offence founded on a contravention of, or failure to comply with, Articles 20.1 or 20a of Regulation 2847/93 has been committed, or
ii
which he has reasonable grounds to suspect has been used for catching any fish in respect of which a relevant offence founded on a contravention of, or failure to comply with, Articles 19a.2, or 21c.2 of Regulation 2847/93 has been committed.
Protection of officers
9
A British sea-fishery officer or a person assisting him by virtue of article 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of article 6, 7 or 8 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction etc
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by virtue of article 6, 7 or 8 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
obstructs any such officer who is exercising any of those powers,
shall be guilty of an offence, and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Articles 6, 17.2 or 28c;
b
declaration submitted under Articles 8.1, 11, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Articles 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purposes of paragraph (1), “required information” shall mean data relating to —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93.
Revocation
13
The Sea Fishing (Enforcement of Community Control Measures) Order 1994 and the Sea Fishing (Enforcement of Community Control Measures) (Amendment) Order 1996 are hereby revoked insofar as they extend to England and Northern Ireland.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
10th January 2000
John Reid
Secretary of State for Scotland
10th January 2000
Paul Murphy
Secretary of State for Wales
12th January 2000
Peter Mandelson
Secretary of State for Northern Ireland
9th January 2000


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 2000 and shall come into force on 9th July 2000.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Removal of safety zone
3
In Schedule 1 to the Offshore Installations (Safety Zones) Order 1999 the entry relating to Gryphon Field is deleted.
Amendment of the Offshore Installations (Safety Zones)(No.3) Order 1999
4
In the Schedule to the Offshore installations (Safety Zones)(No.3) Order 1999 —
a
in the first entry relating to Balmoral Satellite Well, for the words “01°08'05"” in column (3) there shall be substituted the words “01°08'03"”;
b
in the second entry relating to Balmoral Satellite Well —
i
for the words “58°13'76"” in column (2) there shall be substituted the words “58°13'46"”;
ii
for the words “01°05'25"” in column (3) there shall be substituted the words “01°05'15"”.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th June 2000


text:
Citation, commencement and extent
1
This Order, which extends to England only, may be cited as the Energy from Waste Plants (Rateable Values) (England) Order 2000 and shall come into force on the day after the day on which it is made.
Interpretation and application
2
1
In this Order —
“declared net capacity”, in relation to generating plant, means the highest generation of electricity at the generator terminals which can be maintained indefinitely without causing damage to the plant, less so much of that generation as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt and calculated on the assumption that, in so far as they affect the generating plant —
the air temperature is 10 degrees Celsius, and
the air pressure is 1013 millibars;
“generating plant”, in relation to a hereditament, means plant in or on the hereditament which is used or available for use for the purposes of generating electricity;
“list” means a local non-domestic rating list; and
“year” means a chargeable financial year.
2
This Order applies for the purpose of the determination of rateable values for the purposes of lists compiled on 1st April 2000.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
if the fraction would exceed 50p it shall be made up to one pound;
b
if the fraction would be 50p or less it shall be ignored.
Application and interpretation
4
1
This article applies to the class of hereditaments in relation to which the conditions in paragraph (2) are fulfilled.
2
The conditions mentioned in paragraph (1) are that the hereditament —
a
is on 1st April 2000 entered on a list for the area of a billing authority in England;
b
comprises land, plant or buildings of which the sole or primary function is either —
i
generating electricity where the primary source of power for that purpose is the burning of waste, or
ii
burning waste, where the hereditament is also used for generating electricity and the primary source of power for that purpose is the burning of waste; and
c
includes generating plant of which the declared net capacity is 25 megawatts or more.
Rateable values
5
In the case of a hereditament to which article 4 applies, paragraphs 2 to 2C of Schedule 6 to the Local Government Finance Act 1988 shall not apply, and its rateable value shall be an amount equal to £13,500 per megawatt of declared net capacity of the generating plant in or on the hereditament (expressed to the nearest hundredth part of a megawatt).
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
30th March 2000


text:
PART I
PRELIMINARY
Citation, commencement and extent
1
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations extend to England.
Interpretation
2
1
In these Regulations–
“the 1970 Act ” means the Chronically Sick and Disabled Persons Act 1970;
“the 1982 Regulations ” has the meaning given by regulation 3(1);
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“disabled person” means a person more than 2 years old and falling within at least one of the prescribed descriptions in regulation 4;
“disabled person’s badge” means a badge in the form prescribed by regulation 11 issued by a local authority for display on a motor vehicle driven by a disabled person, or used for the carriage of a disabled person, and includes a replacement badge issued in accordance with regulation 7;
“disabled person’s concession” has the meaning given by section 117(3) of the 1984 Act;
“holder”, in relation to a disabled person’s badge, means the individual or institution to whom a disabled person’s badge was issued;
“institution” means an institution concerned with the care of disabled persons to which a disabled person’s badge may be issued in accordance with section 21(4) of the 1970 Act;
“individual’s badge” means a disabled person’s badge issued to an individual disabled person;
“institutional badge” means a disabled person’s badge issued to an institution;
“issuing authority”, in relation to a disabled person’s badge, means the local authority which issued the badge; and
“local authority” means a county council, district council, the Council of the Isles of Scilly, a London borough council or the Common Council of the City of London.
2
In these Regulations a reference to an order made under any provision of the 1984 Act is to an order made, or having effect as if made, under that provision including an order varying or revoking an order made or having effect as if made under that Act.
3
In these Regulations “relevant conviction” means–
a
any conviction of–
i
the holder of a disabled person’s badge; or
ii
any other person using such a badge with the holder’s consent,
for an offence specified in paragraph (4); or
b
any conviction of a person other than the holder of a disabled person’s badge of an offence under section 117(1) of the 1984 Act where the badge was displayed on the vehicle with the consent of the holder at any time during which the offence was being committed.
4
The offences mentioned in paragraph (3)(a) are–
a
any offence under section 5, 8, 11 or 16(1) of the 1984 Act so far as it relates to any contravention of or failure to comply with any provision of an order made under section 1, 6, 9 or 14 of that Act–
i
prohibiting or restricting the waiting of vehicles on any road; or
ii
relating to any of the matters mentioned in paragraph 7 or 8 of Schedule 1 to that Act; or
b
any offence under section 35A(1) and (2), 47(1), 53(5), 53(6) or 117(1) of that Act.
5
Any notice given under these Regulations shall be in writing.
Amendment of 1982 Regulations and transitional provisions
3
1
In the Disabled Persons (Badges for Motor Vehicles) Regulations 1982 (in these Regulations called “the 1982 Regulations”), after regulation 2 there shall be inserted the following regulation–
Extent
2A
These Regulations shall not apply to England.
2
Without prejudice to section 17 of the Interpretation Act 1978 –
a
any application made to, or other thing done under, the 1982 Regulations before the coming into force of those Regulations by or in relation to a local authority in England shall have effect as if made or done, and may be continued, under the corresponding provision of these Regulations;
b
any badge issued by a local authority in England under the 1982 Regulations shall have effect as if issued under these Regulations and shall remain in force until–
i
the happening of an event specified in regulation 9(1) or the giving of a notice in accordance with regulation 9(2); or
ii
the issue of a replacement in accordance with regulation 7.
3
Any order made under the 1984 Act which refers to a disabled person’s badge shall, in relation to times falling after the coming into force of these Regulations, have effect as if the reference included a reference to a badge issued, or having effect as if issued, in accordance with these Regulations.
PART II
ISSUE, DURATION AND REVOCATION OF BADGES
Descriptions of disabled persons
4
1
The prescribed descriptions of disabled person to whom a local authority may issue a disabled person’s badge are a person who is more than 2 years old who falls within one or more of the descriptions specified in paragraph (2).
2
The descriptions are a person who–
a
receives the higher rate of the mobility component of the disability living allowance in accordance with section 73 of the Social Security and Benefits Act 1982 ;
b
uses a motor vehicle supplied by the Department of Social Security or the Scottish Executive or is in receipt of a grant pursuant to section 5(2)(a) of the National Health Service Act 1977 or section 46 of the National Health Service (Scotland) Act 1978 ;
c
is registered as blind under section 29(4)(g) of the National Assistance Act 1948 or, in Scotland, is a blind person within the meaning of section 64(1) of that Act;
d
receives a mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 including such a supplement by virtue of any scheme or order under article 25A of the Personal Injuries (Civilians) Scheme 1983 ;
e
drives a motor vehicle regularly, has a severe disability in both upper limbs and is unable to turn by hand the steering wheel of a motor vehicle even if that wheel is fitted with a turning knob; or
f
has a permanent and substantial disability which causes inability to walk or very considerable difficulty in walking.
Institutional badges
5
An institutional badge may be issued to an institution for a motor vehicle when the vehicle is to be used to carry disabled persons as specified in regulation 4(2).
Fee for issue and period of issue of a badge
6
1
The fee (if any) which a local authority may charge for the issue of a disabled person’s badge is a fee not exceeding £2.
2
Subject to regulations 7(2) and 9, a disabled person’s badge shall be issued for a period of three years beginning with the date of issue.
Replacement badges
7
1
When a disabled person’s badge (“the original badge”) has been lost, stolen or destroyed, or has become so damaged or faded as no longer to be adequately legible when displayed on a vehicle, a replacement badge may be issued with the word “duplicate” marked on the front.
2
A replacement badge shall be valid from the date of issue until such time as the original badge would have ceased to be valid.
Grounds for refusal to issue a badge
8
1
A local authority may refuse to issue a badge on any of the grounds specified in paragraph (2).
2
The grounds are–
a
the applicant holds or has held a badge issued under these Regulations or under the 1982 Regulations and misuse has led to at least three relevant convictions;
b
the applicant fails to provide the local authority with adequate evidence–
i
in the case of an individual, that he is a person to whom one of the descriptions prescribed by regulation 4 applies; or
ii
in the case of an institution, that it is an institution eligible to apply for a disabled person’s badge in accordance with regulation 5;
c
the applicant fails to pay the fee (if any) chargeable for the issue of a badge; or
d
the local authority has reasonable grounds for believing that the applicant–
i
is not the person that he claims to be; or
ii
would permit another person to whom the badge was not issued to display it on a motor vehicle.
3
Where a local authority receives an application for a disabled person’s badge and refuses to issue one, it shall give the applicant particulars of the grounds of refusal in its notice of determination.
Return of badge to issuing authority
9
1
A disabled person’s badge shall be returned to the issuing authority immediately on the occurrence of any of the following events–
a
the expiry of the period for which the badge was issued;
b
the death of the holder or, in the case of an institutional badge, the institution ceasing to exist;
c
the holder of the badge ceases to be a disabled person or, in the case of an institutional badge, the institution ceases to be eligible under regulation 5;
d
a replacement badge has been issued under regulation 7 to replace a lost or stolen badge and that badge is subsequently found or recovered;
e
the badge has become so mutilated or faded as no longer to be clearly legible when displayed on a vehicle;
f
the badge ceases to be required by the holder.
2
Subject to the provisions of regulation 10, a disabled person’s badge shall, within the prescribed period, be returned to the issuing authority if the authority gives to the holder a notice–
a
stating that the authority refuses to allow the badge to continue in use on account of its misuse leading to at least three relevant convictions and giving particulars of that misuse; or
b
stating that the authority is satisfied that the badge was obtained by false representation.
3
For the purposes of paragraph (2) the prescribed period is–
a
where no appeal is made in accordance with regulation 10, the period of 28 days beginning with the day on which the notice under paragraph (2) was issued;
b
where an appeal is made in accordance with regulation 10(1) and the appeal is not allowed and no further appeal is made under regulation 10(11), the period of 28 days beginning with the day on which the Secretary of State gives notice of his determination of the appeal.
c
where any appeal is made in accordance with regulation 10(11) and the appeal is not allowed, the period of 28 days beginning with the day on which the magistrates' court gives notice of its determination of the appeal.
4
The issuing authority may take such action as may be appropriate to recover a disabled person’s badge which the holder is liable to return in accordance with this regulation.
Appeals
10
1
An applicant for a disabled person’s badge whose application has been refused on the ground specified in regulation 8(2)(a) or the holder of a badge who has been required to return it in accordance with regulation 9(2) may appeal to the Secretary of State against the determination of the local authority in accordance with this regulation.
2
The appeal shall be made by notice given within the period of 28 days beginning with the date on which the notice of the determination is given and the procedure specified in the following provisions of this regulation shall apply, except that, if the Secretary of State considers it appropriate in the circumstances of a particular case, he may determine an appeal even though the provisions of paragraphs (3) to (5) have not been complied with.
3
The notice of appeal shall be dated and signed by the appellant (or by a person authorised to sign on his behalf) and shall state the grounds of appeal.
4
The notice of appeal shall be served on the Secretary of State either by posting it in a prepaid envelope or by delivering it by hand to the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR.
5
On receipt of the appeal the Secretary of State shall send a copy of it to the local authority against whose determination the appeal is made and, within the period of 28 days beginning with the date of the notice of appeal, the local authority shall send to the Secretary of State and the appellant–
a
a copy of the notice issued by it to the appellant in accordance with regulation 8(3) or 9(2); and
b
any representation that it wishes the Secretary of State to take into account in determining the appeal.
6
The appellant may make representations by way of reply to any representations made by the local authority within the period of 28 days beginning with the date of those representations.
7
Any representations made by the local authority or the appellant shall be signed and dated and submitted to the Secretary of State on the date they bear.
8
The Secretary of State may in a particular case give directions setting later time limits than those prescribed by these Regulations.
9
When the Secretary of State determines an appeal he shall–
a
give notice to the appellant of his determination and of the reasons for it; and
b
send a copy of the notice to the local authority.
10
If the Secretary of State refuses an appeal and a further appeal is not made under paragraph (11) the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).
11
A person aggrieved by notice given by the Secretary of State under paragraph (9) may, within the period of 28 days beginning with the day on which that notice is given, appeal to a magistrates' court acting for the petty sessions area in which the applicant for the disabled person’s badge resides and the court may confirm, vary or quash the notice as it thinks fit, and make such order in the matter as it considers appropriate, and the determination of the court on any such appeal shall be binding on all the parties, and shall be final.
12
If the magistrates' court refuses an appeal the appellant shall return the disabled person’s badge to the local authority within the time prescribed by regulation 9(3)(c).
13
In this regulation references to representations include a reference to supporting documents.
PART III
FORM AND DISPLAY OF BADGES
Form of badge
11
A disabled person’s badge is in the prescribed form if–
a
the front and reverse of the badge are in the form shown in–
i
Part I of the Schedule to these Regulations in the case of an individual’s badge; or
ii
Part II of the Schedule in the case of an institutional badge, and
b
the badge complies with the specifications in Part III of the Schedule.
Manner in which a badge is to be displayed
12
For the purposes of section 21(4A) of the 1970 Act a disabled person’s badge is displayed on a vehicle in the prescribed manner if–
a
the badge is exhibited on the dashboard or facia of the vehicle, or
b
where the vehicle is not fitted with a dashboard or facia, the badge is exhibited in a conspicuous position on the vehicle,
so that the front of the badge is clearly legible from the outside of the vehicle.
Display of an individual’s badge when a vehicle is being driven
13
1
This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is being driven.
2
An individual’s badge may be displayed on a vehicle while the holder is either driving or being carried in it.
3
An individual’s badge may also be displayed on a vehicle if–
a
the vehicle is being used for the collection of the holder and no other purpose;
b
a disabled person’s concession (other than a concession relating to parking) would be available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not be practicable for the vehicle to be lawfully driven to, or to stop at, the place at which the holder is to be collected if the concession did not apply to the vehicle.
4
An individual’s badge may be displayed on a vehicle if–
a
the vehicle, after being driven by or carrying the holder, is leaving the place where he got out;
b
a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to have left that place if the concession did not apply to the vehicle.
Display of an individual’s badge when a vehicle is parked
14
1
This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an individual’s badge may be displayed while a vehicle is parked.
2
An individual’s badge may be displayed on a vehicle while it is parked if it–
a
has been driven by the holder, or has been used to carry the holder, to the place where it is parked; or
b
is to be driven by the holder, or is to be used to carry the holder, from that place.
Display of institutional badge when a vehicle is being driven
15
1
This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an institutional badge may be displayed while a vehicle is being driven.
2
An institutional badge may be displayed on a vehicle while it is being driven by or on behalf of the holder and is carrying a disabled person.
3
An institutional badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–
a
the vehicle is being used for the collection of a disabled person and for no other purpose;
b
a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to be lawfully driven to or to stop at the place at which the disabled person is to be collected if that concession did not apply to the vehicle.
4
An institutional badge may also be displayed on a vehicle while it is being driven by or on behalf of the holder and–
a
the vehicle, after carrying a disabled person, is leaving the place where he got off;
b
a disabled person’s concession (other than a concession relating to parking) is available to a vehicle lawfully displaying a disabled person’s badge; and
c
it would not have been practicable for the vehicle to have left that place if the concession had not applied to the vehicle.
Display of an institutional badge when a vehicle is parked
16
1
This regulation prescribes for the purposes of section 21(4A) of the 1970 Act the circumstances in which an institutional badge may be displayed while a vehicle is parked.
2
An institutional badge may be displayed on a vehicle while it is parked if it has been, or is to be, used by or on behalf of the holder for carrying a disabled person to or from the place where it is parked.
Signed by the 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
9th March 2000


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) Regulations 2000 and shall come into force on 1st June 2000.
2
The National Police Records (Recordable Offences) Regulations 1985 , the National Police Records (Recordable Offences) (Amendment) Regulations 1989 and the National Police Records (Recordable Offences) (Amendment) Regulations 1997 are hereby revoked.
3
1
There may be recorded in national police records —
a
convictions for; and
b
cautions, reprimands and warnings given in respect of,
any offence punishable with imprisonment and any offence specified in the Schedule to these Regulations.
2
In paragraph (1) above —
a
the reference to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the punishment of young offenders;
b
“caution” has the same meaning as in Part V of the Police Act 1997 ; and
c
“reprimand” and “warning” mean a reprimand or, as the case may be, a warning given under section 65 of the Crime and Disorder Act 1998 .
3
Where the conviction of any person is recordable in accordance with this regulation, there may also be recorded in national police records his conviction for any other offence of which he is convicted in the same proceedings.
Charles Clarke
Minister of State
Home Office
17th April 2000


text:
1
This Order may be cited as the Finance Act 1999, Schedule 10, Paragraph 18, (First and Second Appointed Days) Order 2000.
2
For the purposes of paragraph 18 of Schedule 10 to the Finance Act 1999 —
a
the day appointed as “the first appointed day” is 10th May 2000;
b
the day appointed as “the second appointed day” is 1st December 2000.
Bob Ainsworth
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
18th April 2000


text:
Citation and commencement
1
These Regulations may be cited as the Medical Act 1983 (Provisonal Registration) Regulations and shall come into force on 4th December.
Amendment of the Medical Act 1983
2
The Medical Act 1983 shall be amended in accordance with the following provisions of these Regulations.
Insertion of section 15A
3
After section 15, there shall be inserted the following section —
Provisional registration for EEA nationals
15A
1
This section shall have effect for enabling a national of an EEA State to be employed for the purpose of enabling him to acquire the clinical experience under appropriate supervision which he needs in order to obtain a primary European qualification.
2
A national of an EEA State who, but for the acquisition of suitable clinical experience, has completed the training required for a primary European qualification, shall be entitled to be registered provisionally under this section.
3
Any person who —
a
is not a national of an EEA State; but
b
is, by virtue of a right conferred by article 11 of Regulation ( EEC ) No. 1612/68 , or any other enforceable Community right, entitled to be treated, for the purposes of access to and the practice of the medical profession, no less favourably than a national of such a State,
shall be treated for the purposes of subsections (1) and (2) as if he were such a national.
4
Subsection (3) of section 15 above shall apply for the purposes of this section as it applies for the purposes of that.
5
For the purposes of subsection (2), a person has completed the training required for a primary European qualification, but for the acquisition of suitable clinical experience, where he has obtained a medical degree which guarantees that he has fulfilled the requirements of Article 23, paragraph 1(a), (b) and (c) of Directive 93/16/EEC .
.
Consequential amendments
4
1
In section 16, for the words “section 3 above or section 15” there shall be substituted the words “section 3, 15 or 15A”.
2
In section 30(1), in paragraphs (a) and (b), for the words “section 3 or 15” in each place where they occur there shall be substituted the words “section 3, 15 or 15A”.
3
In section 31(4), after the words “section 15” there shall be inserted the words “or 15A”.
4
In section 34(4), after the words “15,” there shall be inserted the words “15A,”.
5
In section 41(3), after the words “section 15” in each place where they occur there shall be inserted the words “, 15A”.
6
In section 55(1) —
a
in the definition of “fully registered person”, in paragraph (a), after the words “section 15” there shall be inserted the words “(including that subsection as applied by section 15A(4))”;
b
in the definition of “provisionally registered”, after the words “section 15” there shall be inserted the words “, 15A”.
7
In Schedule 3 —
a
in paragraph 1(1), for the words “section 3 or 15” there shall be substituted the words “section 3, 15 or 15A”;
b
in paragraph 2(1)(a), for the words “section 3 or section 15” there shall be substituted the words “section 3, 15 or 15A”;
c
in paragraphs 3(1), 3(2)(b) and 5(1), for the words “section 3 or 15” in each place where they occur there shall be substituted the words “section 3, 15 or 15A”.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
13th November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 and shall come into force on 31st January 2001.
2
In these Regulations references to “ the Act ” are to the Child Support Act 1991 and references to sections are to sections of, and to Schedules are to Schedules to, the Act.
Modification of sections 28A to 28F and Schedules 4A and 4B
2
Where an application for a variation is made under section 28G, sections 28A to 28F, and Schedules 4A and 4B, shall apply subject to the modifications provided for in these Regulations .
Modification of section 28A
3
1
Section 28A (application for variation of usual rules for calculating maintenance) shall be modified by the substitution in subsection (1) —
a
for the words “Where an application for a maintenance calculation is made under section 4 or 7, or treated as made under section 6” by the words “Where a maintenance calculation other than an interim maintenance decision is in force”; and
b
for the words “(in the case of an application under” by the words “(where the maintenance calculation was made following an application under”.
2
Subsection (3) shall be omitted.
Modification of section 28B
4
Section 28B (preliminary consideration of applications) shall be modified —
a
by the substitution in subsection (2) for the words “(and proceed to make his decision on the application for a maintenance calculation without any variation)” by the words “(and proceed to revise or supersede a decision under section 16 or 17 respectively without taking the variation into account, or not revise or supersede a decision under section 16 or 17)”; and
b
by the omission of paragraph (b) of subsection (2).
Modification of section 28C
5
1
Section 28C (imposition of regular payments condition) shall be modified in accordance with the following paragraphs of this regulation and references to subsections are to subsections of that section.
2
Subsection (1)(b) shall be omitted and in the full-out words “also” shall be omitted.
3
In subsection (2), for the words “interim maintenance decision” there shall be substituted the words “maintenance calculation in force”.
4
In subsections (3)(c) and (7)(c), for the words “application for the maintenance calculation was” there shall be substituted the words “maintenance calculation in force was made in response to an application”.
5
For subsection (4)(a) there shall be substituted the following —
a
when in response to the application for a variation the Secretary of State has revised or superseded a decision under section 16 or 17 respectively (whether he agrees to a variation or not) or not revised or superseded a decision under section 16 or 17;
.
6
In subsection (5), for the words from “reach” to the end there shall be substituted “revise or supersede a decision under section 16 or 17 respectively, or not revise or supersede a decision under section 16 or 17, as if the application had failed”.
Modification of sections 28D and 28E
6
1
Section 28D (determination of applications) shall be modified by the substitution, in paragraph (a) of subsection (1), for the words “under section 11 or 12(1)” by the words “under section 16 or 17”.
2
Section 28E (matters to be taken into account) shall be modified by the substitution for paragraph (b) of subsection (3) of the following —
b
where the maintenance calculation in force was made in response to an application under section 7, by either of them or the child concerned.
.
Modification of section 28F
7
Section 28F (agreement to a variation) shall be modified —
a
by the substitution for subsection (3) of the following —
3
The Secretary of State shall not agree to a variation (and shall proceed to revise or supersede a decision under section 16 or 17 respectively without taking the variation into account, or not revise or supersede a decision under section 16 or 17) if he is satisfied that prescribed circumstances apply.
;
b
by the omission in paragraph (a) of subsection (4) of the words after the word “application,” where it first appears;
c
by the substitution for subsection (4)(b) of the following —
b
revise or supersede a decision under section 16 or 17 respectively on that basis.
; and
d
by the omission of subsection (5).
Modification of Schedules 4A and 4B
8
1
In paragraph 5(1) of Schedule 4A, the words “the application for a” shall be omitted.
2
In paragraphs 2(3)(a), (d) and (e) of Schedule 4B, for the words “the application for a maintenance calculation has been made (or treated as made)” there shall be substituted the words “there is a maintenance calculation in force”.
3
In paragraph 2(3)(c) of Schedule 4B, for the words “has been applied for (or treated as having been applied for)” there shall be substituted “is in force”.
4
In paragraph 3(1)(a) of Schedule 4B, for the words “the application for the maintenance calculation” there shall be substituted “the maintenance calculation in force” and for the words “that application was made” there shall be substituted “that maintenance calculation is in force”.
5
In paragraph 3(3) of Schedule 4B, for the words “the application for a maintenance calculation” there shall be substituted the words “the maintenance calculation in force”.
Signed by authority of the Secretary of State for Social Security
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
29th November 2000


text:
1
These Regulations may be cited as the Education Standards Fund (England) (Amendment) Regulations 2000 and shall come into force on 22nd September 2000.
2
The Education Standards Fund (England) Regulations 2000 shall be amended as follows.
3
In regulation 2(1) —
a
the following definitions shall be inserted at the appropriate places —
“asylum seeker” means a person who has made a claim for asylum which has been recorded by the Secretary of State as having been made and which has not been recorded by the Secretary of State as having been finally determined or abandoned;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom;
“Excellence in Cities partnership” means a group of bodies participating in Excellence in Cities whose principal members are secondary schools and local authorities;
“fresh start school” means a maintained school which replaces a discontinued school —
which immediately before its discontinuance was a school to which section 15 of the 1998 Act applied, or
which was a secondary school, less than 15% of whose candidates for the General Certificate of Secondary Education in the academic year ending immediately before its discontinuance obtained at least 5 grades A* to C; and
“key stage 4” means the fourth key stage referred to in section 355(1)(d) of the 1996 Act;
; and
b
in the definition of “prescribed expenditure”, for “7(b)”, in both places where it occurs, there shall be substituted “7(c)”.
4
In regulation 5(2) the following entries shall be inserted at the end of the table in the left hand and right hand columns respectively —
47 100 48 100 49 100 50 100 51 100 52 100 53 100
.
5
In regulation 6(4)(b) there shall be omitted the words “or, in the case of expenditure in respect of the items referred to in paragraph 26 of the Schedule, section 488 of the 1996 Act”.
6
In regulation 11(1) for “and 38 to 42” there shall be substituted “, 38 to 42, 47, 48, 50 and 52”.
7
Schedule 1 shall be amended as follows —
a
for paragraph 21(b) there shall be substituted —
b
The education authorities referred to in sub-paragraph (a) above are —
Barking and Dagenham
Barnsley
Birmingham
Bolton
Bradford
Brent
Camden
Cornwall
Coventry
Doncaster
Ealing
Gateshead
Greenwich
Hackney
Halton
Hammersmith and Fulham
Haringey
Hartlepool
Islington
Kingston-upon-Hull
Knowsley
Lambeth
Lancashire
Leeds
Leicester
Lewisham
Liverpool
Luton
Manchester
Middlesbrough
Newham
North East Lincolnshire
North Tyneside
Northumberland
Nottingham City
Oldham
Salford
Sandwell
Sheffield
South Tyneside
Southampton
Southwark
St Helens
Stoke-on-Trent
Suffolk
Sunderland
Tameside
Tower Hamlets
Wakefield
Walsall
Waltham Forest
Wandsworth
Wigan
Wirral
Wolverhampton
Worcestershire.
;
b
after paragraph 46 there shall be inserted the following paragraphs —
47
Support for schools participating in the Department for Education and Employment’s pilot programme for improving results at key stage 3 known as “transforming key stage 3”.
48
Assisting in providing extra support for the teaching of literacy and numeracy to those key stage 2 pupils who require extra support in order to reach a satisfactory standard at key stage 2.
49
Support for the development of Excellence in Cities plans —
a
by assisting with administrative costs incurred by local Excellence in Cities partnerships; and
b
by assisting with costs incurred by schools which participate in local Excellence in Cities partnerships in developing such plans, including the provision of additional staff to assist for the periods during which teachers are engaged in developing such plans.
50
Support for planning and establishing a fresh start school.
51
Measures to improve standards of education of pupils whose parents are asylum seekers.
52
Support for pupils with behavioural difficulties who are admitted other than at the beginning of a school year to a school included in Excellence in Cities.
53
Measures to improve standards at key stage 4 through the development and support of collaborative arrangements between secondary schools.
Estelle Morris
Minister of State,
Department for Education and Employment
24th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon Tramlink (Penalty Fares) Order 2000 and shall come into force on 19th March 2000.
2
In this Order “the 1992 Act ” means the London Regional Transport (Penalty Fares) Act 1992 .
Modifications to the 1992 Act
2
The 1992 Act shall have effect with respect to passengers travelling on Tramlink, with the modifications set out in the Schedule to this Order.
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
28th February 2000


text:
Citation and commencement
1
This Order may be cited as the Housing Benefit (Permitted Totals) (Amendment) Order 2000 and shall come into force on 1st April 2000.
Substitution of Schedule to the Housing Benefit (Permitted Totals) Order 1996
2
For the Schedule to the Housing Benefit (Permitted Totals) Order 1996 there shall be substituted the Schedule set out in the Schedule to this Order.
Signed by authority of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
1st March 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Vine Telecom Networks Limited) Order 2000 and shall come into force on 29th February 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
25th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Royal Marines Terms of Service (Amendment) Regulations 2000 and shall come into force on 1st August 2000.
Amendments to Regulations
2
1
The Royal Marines Terms of Service Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulations 6(2) (change in terms of enlistment) and 7(1) (right to transfer to the reserve) and in paragraphs (1) and (5) of regulation 11 (continuance in service), the words “12 months'” shall be substituted for the words “18 months'” wherever they appear.
3
For regulation 10 (right of recruit to claim discharge) there shall be substituted —
10
1
Subject to the following provisions of this regulation, a person who enlists in the Royal Marines who has not previously so enlisted shall have the right to determine his service by giving notice in writing to his commanding officer.
2
The notice referred to in paragraph (1) shall not have effect unless it is given after the person has completed 28 days' service and before the expiration of the period of 6 months beginning with the date of his attestation.
3
Subject to paragraph (4), a person claiming his discharge by virtue of paragraph (1) shall be entitled to be discharged at the end of a period of 14 days beginning with the date on which he gave notice.
4
If such notice expires at a time when marines are required by an order under paragraph 4B of Schedule 7 to the Army Act 1955 (continuation of service in the Royal Marines in imminent national danger) to continue in service in the Royal Marines, he shall not be discharged so long as marines are so required to continue in such service.
5
In calculating any period of time referred to in this regulation, no account shall be taken of any day during the whole or part of which the person was absent either on leave or for an unauthorised purpose.
4
In the Schedule (Competent Authorities), the words “The Naval Secretary” shall in each case be substituted for the words —
a
“Major General Royal Marines, Training, Reserve and Special Forces”;
b
“Commandant General Royal Marines”; and
c
“The Head of Naval Manpower and Training Division, Ministry of Defence”.
Savings
3
The Royal Marines Terms of Service Regulations 1988 shall continue to apply without the amendment made by regulation 2(3) in relation to any person whose date of attestation is before 1st August 2000.
On behalf of the Defence Council
Mr John Spellar
ADM Sir Michael Boyce
Members of the Defence Council
4th July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University College London Hospitals National Health Service Trust (Transfer of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“the new trustees” means the trustees for the University College London Hospitals National Health Service Trust ;
“the NHS trust” means the University College London Hospitals National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 9th March 2000.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the NHS trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
21st March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Greenwich) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Greenwich specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th May 2000


text:
1
This Order may be cited as the Carriage by Air (Parties to Protocol No. 4 of Montreal, 1975) Order 2000.
2
It is hereby certified that the High Contracting Parties to the Warsaw Convention as amended at The Hague, 1955, as further amended by Protocol No. 4 of Montreal, 1975, and the territories in respect of which they are respectively parties, are as specified in the Schedule to this Order.
A. K. Galloway,
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Registration Fee) Order 2000 and shall come into force on 30th October 2000.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“registration” means registration or (as the case may be) continued registration, under section 84(2)(a) or (b) of the Act;
“relevant advisers” means, in respect of —
an individual, that individual together with —
the number of employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and
the number of persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies;
a body corporate or unincorporate —
the number of members and employees of that body who provide immigration advice or immigration services, excluding such members and employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and
the number of persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies;
“sole immigration adviser” means an individual who does not employ any other person to provide immigration advice or immigration services and who does not have any person who works under his supervision or the supervison of any of his employees who provides immigation advice or immigration services.
Fee for registration
3
The fee payable by a sole immigration adviser for registration shall be £1,800.
4
The fee payable by any other person for registration shall be determined by the number of relevant advisers in respect of that person at the date of his application for registration, and shall be the sum specified for such number of relevant advisers in the Schedule to this Order.
Barbara Roche
Minister of State
Home Office
5th October 2000


text:
Citation and commencement
1
This Order may be cited as the Doncaster Royal Infirmary and Montagu Hospital and the Bassetlaw Hospital and Community Services National Health Service Trusts (Dissolution) Order 2000 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust established by the Doncaster Royal Infirmary and Montagu Hospital National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Bassetlaw Hospital and Community Services National Health Service Trust established by the Bassetlaw Hospital and Community Services National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd November 2000