text:
Citation and commencement
1
These Rules may be cited as the Greater London Authority Elections (No. 2) (Amendment) Rules 2000 and shall come into force on 4th May 2000.
Amendment of Rules
2
1
The Greater London Authority Elections (No. 2) Rules 2000 shall be amended in accordance with the following paragraphs of this rule.
2
In Schedule 2 (the London Members Election Rules) —
a
in rule 41 (the local count), in paragraph (7), after the word “may” there shall be inserted the words “, in so far as he and the agents agree,”; and
b
after Part VII (list candidates and the filling of vacancies) there shall be added the following Part:
PART VIII
Returns And Declarations As To Election Expenses
Returns as to election expenses
59
The form of the return to be delivered by the election agent under subsection (1) of section 81 (return as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (6) of that section shall be that set out in Form 16 in the Forms Schedule.
Declarations as to election expenses
60
1
Subject to paragraph (2), the form of the declaration required by subsection (1) (declaration by agent) of section 82 (declarations as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (2A)(a) of that section shall be that set out in Part I of Form 17 of the Forms Schedule.
2
In a case to which subsection (5A) of section 82 of the 1983 Act applies, the declaration referred to in paragraph (1) shall be modified as specified in Part II of Form 17.
3
Subject to paragraph (4), the form of the declaration required by subsection (2) (declaration by candidate) of section 82 (declarations as to election expenses) of the 1983 Act in the circumstances mentioned in subsection (2A)(b) of that section shall be that set out in Part I of the Form 18 of the Forms Schedule.
4
In a case to which subsection (5A) of section 82 of the 1983 Act applies, the declaration referred to in paragraph (3) shall be modified as specified in Part II of Form 18.
.
3
In Schedule 3 (the Mayoral Election Rules), in rule 41(8) (the local count) after the word “may” there shall be inserted the words “, in so far as he and the agents agree,”.
4
In Schedule 5 (Forms), after Form 15 there shall be added the following forms:
Form 16
Return as to election expenses of list candidates
LMER rule 59
Form 17
Election agent’s declaration as to election expenses
LMER rule 60(1) and (2)
PART I
Form of declaration as to election expenses by election agent who was not also list candidate
PART II
Modifications to form of declaration set out in Part I where a candidate included in a list is the election agent for candidates on that list
The modifications to the declaration set out in Part I are —
a
the substitution for paragraph 1 of the following —
1
At this election I was one of the candidates included in the list submitted by the registered party named above and I was also the election agent for the candidates on that list.
; and
b
in paragraph 3, the addition, after the word “candidates” of the words “other than myself.”.
Form 18
List candidate’s declaration as to election expenses
LMER rule 60(3) and (4)
PART I
Form of declaration as to election expenses by list candidate who was not also election agent
PART II
Modifications to form of declaration set out in Part I where a candidate included in a list is the election agent for candidates on that list
The modifications to the declaration set out in Part I are —
a
the substitution for paragraph 1 of the following —
1
At this election I was one of the candidates included in the list submitted by the registered party named above and I was also the election agent for the candidates on that list.
; and
b
in paragraph 3 —
i
by the substitution for the words “by the list candidates' election agent” of the words “by me”; and
ii
by the substitution for the words “my personal expenses” of the words “the personal expenses of the candidates other than myself.
.
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
12th April 2000


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation and commencement
1
1
These Regulations may be cited as the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000.
2
They shall come into force on 21st June 2000.
General interpretation
2
1
Schedule 1 contains definitions of expressions used in these Regulations which apply for their interpretation unless the context indicates that they have a different meaning.
2
Expressions not defined in Schedule 1 but used in these Regulations and in the Pension Regulations have the same meaning as in those Regulations or, if the expression is not defined in those Regulations, but is defined in the 1995 Regulations , as in the 1995 Regulations.
3
Schedule 2 has effect for the purposes of the definition of “appropriate percentage” in Schedule 1.
4
Where these Regulations refer to anything done, required or arising under any provision of the Pension Regulations, those references shall include anything done, required or arising under the corresponding provision of the 1995 Regulations, the 1986 Regulations or the 1974 Regulations , unless the context indicates otherwise.
5
Where these Regulations refer to a Scheme member or a person who would be or would have been a Scheme member, those references shall include a pensionable employee and a person who would be or would have been a pensionable employee, unless the context indicates otherwise.
Application to the Isles of Scilly
3
These Regulations apply to the Isles of Scilly as if they were a district in the county of Cornwall and the Council of the Isles of Scilly were a council of that district.
General and special application of Regulations
4
1
These Regulations apply in relation to, or as the case may be, in consequence of the death of, a person —
a
whose employment is terminated —
i
by reason of redundancy;
ii
in the interests of the efficient exercise of the authority’s functions; or
iii
in the case of a joint appointment, because the other holder of the appointment has left it; and
b
who, on his final day of employment, is eligible to be a Scheme member (whether or not he is such a member) or would be so eligible but for a relevant disqualification,
and in the following provisions of these Regulations “person” shall be construed accordingly, unless the context indicates that it has a different meaning.
2
Where an additional requirement is specified in any provision of Parts II to IX in relation to a person, that provision does not apply in relation to him unless he satisfies that additional requirement.
3
Part IV of these Regulations applies to the descriptions of employee mentioned in Schedule 3 subject to the modifications specified in that Schedule.
PART II
INCREASE OF STATUTORY REDUNDANCY PAYMENTS
Power to increase statutory redundancy payments
5
1
Compensation may be paid in accordance with this regulation to a person who is entitled to a redundancy payment under the 1996 Act on the termination of his employment.
2
The amount which may be paid must not be more than the difference between —
a
the redundancy payment to which he is entitled under Part XI of the 1996 Act; and
b
the payment to which he would have been entitled if there had been no limit on the amount of a week’s pay used in the calculation of his redundancy payment .
3
The power to pay compensation is exercisable —
a
where the employment was at a voluntary, foundation or foundation special school (within the meaning of section 20 of the School Standards and Framework Act 1998 ) by the local education authority;
b
in any other case, by the body by whom he is employed immediately before the termination date.
PART III
DISCRETIONARY COMPENSATION FOR REDUNDANCY: GENERAL
Discretionary compensation for redundancy: general
6
1
This Part applies where a person —
a
ceases to hold his employment with a Scheme employer;
b
in respect of that cessation —
i
has not lost his right to a redundancy payment under Part XI of the 1996 Act by agreement under section 197(3) of that Act (agreements to exclude rights to redundancy payments on expiry of short fixed term contracts);
ii
may not count an additional period of membership under regulation 52 (power of employing authority to increase total membership of members leaving employment at or after 50) of the Pension Regulations; and
iii
either is not entitled to have his case considered for compensation under Part IV or is so entitled but has not been awarded a credited period;
c
is over 18 and under 65 on the termination date;
d
if under 50 on the termination date, is entitled to count a qualifying employment of at least two years; and
e
has a total membership not exceeding 40 years.
2
Where this Part applies, the Scheme employer may, not later than six months after the termination date, decide to pay compensation under this Part; and in that event shall, as soon as reasonably practicable after the decision, notify the person in whose favour it has been made, giving details of the calculation of the compensation.
3
The amount of compensation must not exceed one week’s pay for each complete week between the termination date and the person’s normal retirement date (“ NRD ”) or, if he is not a Scheme member, the date that would be his NRD if he were and, subject to that, must not exceed 66 weeks' pay or, if less, whichever of sub-paragraphs (a) to (d) applies to him —
a
if the employee is at least 18 but under 20 on the termination date, half a week’s pay for each complete year of qualifying employment after he became 18;
b
if the employee is at least 20 but under 23 on the termination date —
i
half a week’s pay for each complete year of qualifying employment after he became 18; and
ii
an additional half a week’s pay for each complete year of qualifying employment after he became 20;
c
if the employee is at least 23 but under 41 on the termination date, two weeks' pay for each complete year of qualifying employment after he became 18; or
d
if the employee is at least 41 on the termination date —
i
two weeks' pay for each complete year of qualifying employment after he became 18; and
ii
an additional three weeks' pay for each complete year of qualifying employment after he became 41.
4
Chapter II of Part XIV (interpretation) of the 1996 Act (calculation of a week’s pay) shall apply for the purpose of calculations under paragraph (3) as it applies for the purpose of calculating redundancy payments but with the substitution for references to the calculation date of references to the termination date.
5
In calculating compensation under this Part the Scheme employer shall exclude any years of qualifying employment which they or any other Scheme employer have taken into account when calculating compensation already paid under these Regulations or other regulations made under section 24 of the 1972 Act, other than years of concurrent qualifying employment.
6
If the person in whose favour a determination under paragraph (2) has been made receives a redundancy payment, the equivalent amount shall be deducted from the compensation otherwise payable to him under this Part.
7
Compensation payable under this Part shall be paid by the Scheme employer, as soon as practicable after the determination under paragraph (2), in the form of a lump sum.
PART IV
ALTERNATIVE DISCRETIONARY AWARDS FOR THOSE AGED 50 AND OVER
Persons eligible for discretionary awards
7
1
A person is an eligible person for this Part if he satisfies the requirements in paragraph (2).
2
The requirements are that, on the termination date —
a
he is not entitled to have his case considered for long-term compensation or retirement compensation under section 259 (compensation for loss of office) of the Local Government Act 1972 or under any statutory provision to similar effect;
b
that his total membership is not to be increased under regulation 52 of the Pension Regulations (power of employing authority to increase total membership of members leaving employment at or after 50) because of the terminated employment;
c
that he is not to receive compensation for the terminated employment under regulation 6 of these Regulations;
d
he is at least 50, but under 65 or, if he is a coroner, under 70;
e
the total of —
i
his total membership ,
ii
any periods of superannuable membership , and
iii
any increase in membership under regulation 13 of the Transitional Regulations ,
is 5 years or more; and
f
his total membership is not more than 40 years; or
g
if he is an assumed member, any periods which would count as periods of special service —
i
amount in total to at least 5 years; and
ii
do not in total exceed 40 years.
Award of credited period by way of compensation
8
1
An employing authority may award a credited period to an eligible person.
2
A credited period must not exceed whichever is the shortest of —
a
the difference between his total membership and 40 years;
b
the period beginning with the day after the termination date and ending on his 65th birthday, less the period of his residual entitlement (if any);
c
the total of —
i
his total membership; and
ii
any period which counts as a period of superannuable membership; and
iii
any increase in membership under regulation 13 of the Transitional Regulations,
or, if he is an assumed member, any period which would count or any increase which would be awarded apart from a relevant disqualification and on the relevant assumptions; and
d
10 years.
3
An award may not be made later than six months after the termination date.
Period of residual entitlement
9
1
A person has residual entitlement (regulation 8(2)(b)) if he has been awarded a credited period in respect of an earlier cessation.
2
The period of his residual entitlement is that found by applying the formula
( A + B + C ) - D
where —
A is his earlier extra service, or if paragraph (3) applies to him, that service as reduced in accordance with paragraph (4);
B is the length of the terminated employment;
C is the total of any other periods during which he was or could have been a Scheme member, being periods between the end of the first employment for which earlier extra service was granted and the beginning of the terminated employment; and
D is the period between the end of the first employment for which earlier extra service was granted and the termination date.
3
This paragraph applies to a person —
a
who, after an earlier cessation or, if there has been more than one, the first of them, has ceased to hold another employment (“his subsequent employment”); and
b
whose earlier extra service has been reduced by the whole or part of the period of his subsequent employment; or
c
whose retirement payment attributable to that earlier extra service has been reduced on account of the whole or part of the period of his subsequent employment.
4
The earlier extra service of a person to whom paragraph (3) applies shall be reduced by the period of his subsequent employment or, where the reduction in paragraph (3)(b) or (c) was of, or attributable to, part of that period, by that part.
Lump sum compensation
10
1
Subject to Part V, an eligible person who has been awarded a credited period is entitled to compensation in the form of a lump sum if —
a
on ceasing to hold the terminated employment, he is entitled to a retirement grant under regulation 26 (redundancy, etc. ) of the Pension Regulations; or
b
but for a relevant disqualification, he would be so entitled on the relevant assumptions.
2
The amount of lump sum compensation payable, unless adjusted in accordance with Part V, is an amount equal to that by which his retirement grant would be increased on the relevant assumptions and in accordance with the Pension Regulations if his total membership were increased by the credited period.
Annual compensation: general provision
11
1
Subject to Part V, an eligible person who has been awarded a credited period is entitled to annual compensation.
2
The rate at which annual compensation is payable, unless adjusted in accordance with Parts V, VI or VII , is the same as that by which the pension to which —
a
he is entitled under regulation 26 of the Pension Regulations; or
b
would be so entitled, but for a relevant disqualification
would be increased, on the relevant assumptions and in accordance with those Regulations, if his total membership were increased by the relevant credited period.
3
Annual compensation is payable from the day after the termination date.
PART V
EFFECT OF OTHER RECEIPTS ON PART IV COMPENSATION
Effect of occupational pension
12
1
Where the conditions in paragraph (2) are met, a person’s basic entitlement shall, if necessary, be reduced so that the total of the annual rates for the time being of —
a
any occupational pension to which the person is entitled and which is being paid;
b
his pension under regulation 26 of the Pension Regulations; and
c
his annual compensation,
is not more than the relevant amount.
2
The conditions are —
a
that immediately before the termination date the person was entitled to an occupational pension in respect of any period (whether or not it was being paid); and
b
that the total of that period, his total membership and any credited period is more than 40 years.
Effect of redundancy payments
13
1
This regulation applies to a person who, in respect of any terminated employment —
a
has been awarded a credited period that is longer than 6⅔ years; and
b
has received, or is entitled to receive, a redundancy payment under Part XI of the 1996 Act or compensation under Part II of these Regulations.
2
If, but for this paragraph, such a person would be entitled —
a
to lump sum compensation of an amount which is equal to or less than the calculated amount, he shall not be entitled to any such compensation;
b
to lump sum compensation of an amount which is greater than the calculated amount, his lump sum compensation shall be reduced by the calculated amount.
3
If a person to whom this regulation applies has no entitlement to lump sum compensation —
a
because sub-paragraph (a) of paragraph (2) applies, his basic entitlement shall be reduced by the appropriate percentage of the difference (if any) between the amounts referred to in that sub-paragraph;
b
for any other reason, his basic entitlement shall be reduced by the appropriate percentage of the calculated amount.
4
The calculated amount is that found by applying the formula —
( A × B ) - C
where —
A is an amount equal to 30 per cent of the total amount of the redundancy payment and compensation referred to in paragraph (1)(b),
B is the amount, expressed in years and fractions of a year to the nearest day, by which the credited period exceeds 6⅔, and
C is the total amount of any reductions made in the redundancy payment and compensation referred to in paragraph (1)(b) in accordance with the 1965 Regulations .
Effect of other termination payments
14
1
This regulation applies to a person who —
a
has been awarded a credited period; and
b
receives a termination payment from his employing authority.
2
Such a person shall not be entitled to lump sum compensation if, after deduction of the calculated amount (where required by regulation 13), the amount of that compensation would be the same as, or less than, the termination payment.
3
The amount payable to a person who is entitled to lump sum compensation is the amount remaining after the deduction of the termination payment and, where required, the calculated amount.
4
The basic entitlement of a person to whom this regulation applies shall be adjusted (in addition to any other adjustment required by regulations 13, 17, 19 and 20) —
a
if, after the deduction of the calculated amount (where required by regulation 13), his termination payment exceeds his lump sum compensation, by the deduction of the amount of that excess;
b
if he is not entitled to lump sum compensation for a reason other than the operation of paragraph (2), by the deduction of the amount of the termination payment;
c
if he receives the whole or part of the termination payment after a credited period has been awarded and his compensation has not been adjusted on account of that payment, by the deduction of the amount received.
5
Where adjustments to a person’s basic entitlement are required in accordance with paragraph (4), no instalment of annual compensation is payable to him until the total of the deductions under that paragraph equals the amount of the adjustment.
Effect of periodic payments
15
1
A person who receives periodic payments from his employing authority shall not be entitled to annual compensation for any period in which the total of the periodic payments received is greater than his basic entitlement (as adjusted, where required, under regulations 13, 14, 17 and 19) otherwise payable for that period.
2
The amount payable to a person who —
a
receives periodic payments from his employing authority; and
b
is entitled to annual compensation for a period,
is the amount of his basic entitlement for that period (as adjusted, where required, under regulations 13, 14, 17 and 19) less the total of the periodic payments received for that period.
PART VI
EFFECT OF NEW EMPLOYMENT ON PART IV COMPENSATION
Interpretation: Part VI
16
1
In this Part, “annual compensation” means the annual compensation, after any necessary adjustment in accordance with Part V, which would, apart from regulation 17, be payable to a person under these Regulations.
2
For the purposes of this Part, a person —
a
whose contractual hours in a new employment are altered; or
b
who is transferred to another post with the same employing authority at an altered rate of pay,
shall be treated as if he had again entered a new employment.
Reduction of annual compensation
17
1
Where a person to whom a credited period has been awarded enters a new employment, the employing authority must reduce his annual compensation by such amount (if any) as they consider appropriate.
2
In deciding what is appropriate, the employing authority must secure that the person is not able to obtain for himself a total annual amount comprising —
a
the annual rate of pay from his new employment, and
b
financial benefits under these Regulations and the Pension Regulations,
greater than the annual rate of pay to which he would have been entitled had he remained in his terminated employment.
3
If that position cannot be secured by reduction of his annual compensation, his entitlement to that compensation shall be suspended.
4
The reduction or suspension referred to in paragraph (3) shall apply for so long as the person concerned holds the new employment.
5
For the purposes of this regulation, the reference to the “annual rate” of pay of the terminated employment is a reference to the annual rate of such pay with official increases.
PART VII
EFFECT OF CESSATION OF NEW EMPLOYMENT ON PART IV COMPENSATION
Interpretation: Part VII
18
1
In this Part, “annual compensation” means the compensation payable to a person under regulation 11 after any necessary adjustment in accordance with regulation 13.
2
For the purposes of this Part, a person —
a
whose contractual hours in a new employment are altered; or
b
who is transferred to another post with the same employing authority at an altered rate of pay,
shall be treated as if he had again entered a new employment.
Effect of cessation of new employment
19
1
Where a person who has been awarded a credited period has ceased to hold a new employment in which he was a Scheme member or an assumed member, and the sum, in years, of —
a
his earlier extra service adjusted in accordance with paragraph (4) of regulation 9 if paragraph (3) of that regulation applies to him; and
b
his total membership for the purpose of calculating under the Pension Regulations, on the relevant assumptions, his retirement pension on cessation of his new employment,
exceeds the total membership which would have been used for the purpose of that calculation if he had held his terminated employment until his 65th birthday, his employing authority must reduce his annual compensation by such amount as they consider appropriate.
2
For the purposes of this regulation, “total membership” includes membership which would be excluded by virtue of paragraph (4) of regulation 9 of the Pension Regulations (periods of membership: “total membership” and transfer of rights).
3
In deciding what is appropriate, the employing authority must seek to secure that the person is not able to obtain for himself or for any dependant of his greater financial benefits under these Regulations and the Pension Regulations than those to which he or they would have been entitled had he remained in his terminated employment until age 65.
4
But if the position referred to in paragraph (3) cannot be secured by reduction of his annual compensation, his entitlement to that compensation shall cease.
PART VIII
SURRENDERS AND AWARDS TO SURVIVING SPOUSESAND CHILDREN
Surrender of part of annual compensation
20
1
A person who, under regulation 33 (surrenders of pension) of the Pension Regulations, has been allowed to surrender part of the retirement pension to which he would otherwise have been entitled on ceasing to hold his former employment, may (having been awarded a credited period) notify his employing authority, in accordance with paragraph (2) or (3), that he wishes to surrender part of his annual compensation.
2
A person who has not entered a new employment must give notice within one month of the date on which he is notified of the award of a credited period or, if later, his NRD .
3
A person who has entered a new employment must give notice within one month of —
a
the date on which that employment ends;
b
the date on which he is notified of any adjustment made by reason of the ending of that employment; or
c
his NRD,
whichever is the latest.
4
A person to whom paragraph (1) applies may surrender the same percentage of his annual compensation as that surrendered under the Pension Regulations so that, if he is survived by his spouse or a dependant of his (“the beneficiary”), the equivalent value of that part is paid instead to the beneficiary.
5
On the death of the person who has surrendered part of his annual compensation the beneficiary becomes entitled to annual compensation at a rate equivalent to the value of the surrender in the beneficiary’s favour at the time when the surrender was made.
6
The equivalent rate is such rate as is indicated in guidance issued by the Government Actuary.
7
If the surrender is allowed, it has effect from the date the person who has made the surrender retires from his employment.
8
But it does not take effect if the beneficiary or that person dies before that date, and it ceases to have effect if the beneficiary dies before that person.
9
A person to whom regulation 33 of the Pension Regulations does not apply, because of a relevant disqualification, may notify his employing authority as mentioned in paragraph (1) and paragraph (4) shall apply in his case as if —
a
for “paragraph (1)” there were substituted “paragraph (9)”; and
b
for “the same percentage of his annual compensation as that surrendered under the Pension Regulations” there were substituted “such part of his annual compensation, not exceeding one third, as he may specify in his notice under paragraph (2) or (3)”.
10
In this regulation “annual compensation” means the compensation payable to a person under regulation 11, subject to any necessary adjustment —
a
in accordance with regulation 13;
b
if he is a person to whom an allowance for life has been granted (see regulation 15(2)), in accordance with that regulation;
c
under regulation 19.
Awards to surviving spouses
21
1
This regulation applies where, on the death of a person who has been awarded a credited period, there is a surviving spouse —
a
who is entitled to receive a pension under regulations 40 to 43 (surviving spouses' pensions) of the Pension Regulations in respect of the deceased’s terminated employment; or
b
who would be so entitled apart from —
i
a relevant disqualification with respect to the deceased (and on the relevant assumptions); or
ii
the transfer of benefits to another pension scheme.
2
This regulation also applies where the deceased is survived by more than one spouse if both, or all, of them are, or but for the matters mentioned in paragraph (1)(b) would be, jointly entitled to receive such a pension as is mentioned in paragraph (1)(a); and in such a case references in the following paragraphs (in whatever terms) to an entitlement of the surviving spouse are references to the joint entitlement of the surviving spouses.
3
Where this regulation applies, the surviving spouse is entitled to receive —
a
surviving spouse’s short-term compensation —
i
for six months after the date of the death if she has in her care one or more eligible children of hers or of another surviving spouse of the deceased;
ii
otherwise, for three months after that date; and
b
after that period, surviving spouse’s long-term compensation,
but if the marriage took place after the termination date, the surviving spouse is only entitled to receive compensation under this regulation if she is entitled to a surviving spouse’s pension under the Pension Regulations (or would be so entitled apart from the matters mentioned in paragraph (1)(b)).
4
Where there is a joint entitlement under this regulation the employing authority may decide how it shall be apportioned.
5
Subject to paragraphs (6) and (7), the surviving spouse of an eligible person who ceased employment before 1st April 1998 is not entitled to any compensation under this regulation during any subsequent marriage or period of cohabitation outside marriage, and is entitled to long-term compensation from the end of such marriage or period only if the employing authority so decide.
6
Where a widower and a widow marry each other or cohabit with each other outside marriage and both —
a
are entitled to short-term or long-term compensation under this regulation; and
b
are the surviving spouses of eligible persons who ceased employment before 1st April 1998,
only such one of them as they may choose shall be so entitled; and the other shall cease to be so entitled until the end of the marriage or cohabitation.
7
The employing authority may determine by resolution in any case where the surviving spouse had not, as at 1st April 1998, entered into a subsequent marriage or a period of cohabitation that paragraph (5) or (6), as appropriate, shall not apply.
Amount of surviving spouse’s short-term and long-term compensation
22
1
Surviving spouse’s short-term compensation is payable at an annual rate equal to that at which annual compensation would have been payable to the deceased immediately before his death in accordance with these Regulations, ignoring —
a
any adjustment in accordance with regulation 14 or 15, or
b
where the adjustment is under regulation 19 and is to take into account an entitlement to lump sum compensation, such an adjustment under regulation 19.
2
Surviving spouse’s long-term compensation is the relevant fraction of the annual compensation which would have been payable to the deceased immediately before his death in accordance with these Regulations ignoring any adjustment —
a
under regulation 13, 14, 15 or 20, and
b
if at the time of his death the deceased was in a new employment in which he was not a Scheme member, under regulation 17.
3
Where at the time of his death the deceased was in a new employment in which he was a Scheme member, the employing authority must decide the extent to which any reduction made by them under regulation 19 to the annual compensation is to be taken into account.
4
The amount payable under regulation 21 for a period to a surviving spouse who receives periodic payments is the amount which would have been paid to her for that period, less the total of the periodic payments received for that period.
Short-term compensation for children
23
1
This regulation applies where a person who has been awarded a credited period dies, leaving one or more eligible children —
a
who are entitled to a short-term pension under regulation 45 (children’s short-term pensions) of the Pension Regulations; or
b
who would be so entitled but for —
i
a relevant disqualification with respect to the deceased (and on the relevant assumptions); or
ii
the transfer of benefits to another pension scheme.
2
Where this regulation applies, but subject to paragraph (3), the eligible children are entitled to, or to have paid for their benefit, children’s short-term compensation for the same period as that for which their short-term pension is payable under regulation 45(2) or (3) of the Pension Regulations.
3
An eligible child is not entitled to compensation under paragraph (2) for any period during which he is in the care of a surviving spouse who is entitled to short-term compensation under regulation 21.
4
Children’s short-term compensation is payable at an annual rate equal to that at which annual compensation would have been payable to the deceased in accordance with these Regulations, ignoring any adjustment in accordance with regulation 14 or 15 or under regulation 19.
5
If eligible children to whom or for whose benefit periodic payments are made are entitled to children’s short-term compensation for a period, the amount payable to or for their benefit for that period is the amount which would have been paid to them (in accordance with paragraph (1) or (2)) for that period, less the total of any periodic payments made for that period.
Long-term compensation for children
24
1
This regulation applies where a person who has been awarded a credited period dies, leaving one or more eligible children —
a
who are entitled to a long-term pension under regulation 46 (children’s long-term pensions) of the Pension Regulations; or
b
who would be so entitled but for —
i
a relevant disqualification with respect to the deceased (and on the relevant assumptions); or
ii
the transfer of benefits to another pension scheme.
2
Where this regulation applies, but subject to paragraph (3), the eligible children are entitled to receive, or to have paid for their benefit, children’s long-term compensation for the same period as that for which their long-term pension is payable under regulation 46(2) or (3) of the Pension Regulations.
3
An eligible child is not entitled to compensation under paragraph (2) for any period in which the total of periodic payments made to him and any other eligible children or for their benefit for that period is greater than the amount of children’s short-term compensation which would otherwise have been paid to them or for their benefit for that period.
4
Children’s long-term compensation is payable at an annual rate equal to the relevant fraction of the deceased’s annual compensation.
5
Paragraphs (2) and (3) of regulation 22 shall apply in relation to children’s long-term compensation as they apply in relation to long-term compensation for surviving spouses as if the reference in paragraph (3) to regulation 21 were a reference to this regulation.
Payment of children’s compensation
25
1
Where children’s compensation is payable to, or for the benefit of, the same children to whom, or for whose benefit, children’s pensions are payable under regulation 47 (discretions as to payment of children’s pensions) of the Pension Regulations, the compensation shall be paid to the same person and, if applicable, in the same proportions as the pension is paid under that regulation.
2
If the only reason why a children’s pension is not paid under regulation 47 of the Pension Regulations is —
a
a relevant disqualification with respect to the deceased; or
b
the transfer of benefits to another pension scheme,
the employing authority shall decide to whom the children’s compensation is paid and, if applicable, how it is to be apportioned amongst the eligible children.
PART IX
INFORMATION ABOUT AND PAYMENT OF COMPENSATION
Policy statements
26
1
Each employing authority must formulate, publish and keep under review —
a
the policy that they apply in the exercise of their discretionary powers under Parts II to IV and Parts VI to VIII , and
b
the policy they apply in the exercise of their duty under regulations 17 and 19 to reduce annual compensation.
2
If the authority decide to change either policy, they must publish a statement of the amended policy within one month of the date of their decision.
3
The authority must not give effect to any policy change until one month has passed since the date of publication of the statement under paragraph (2).
4
In formulating and reviewing their policies the authority must —
a
have regard to the extent to which the exercise of their discretionary powers (in accordance with the policy), unless properly limited, could lead to a serious loss of confidence in the public service; and
b
be satisfied that the policy is workable, affordable and reasonable having regard to the foreseeable costs.
Information relevant to compensation — employing authorities
27
1
Within one month after the date of —
a
the award of a credited period;
b
the death of a person in respect of whom a credited period had been awarded; or
c
the making of any adjustment affecting the compensation payable to, or for the benefit of, a person under any of Parts IV to VIII,
the employing authority must, by notice in writing, inform the recipient of the effect of the award or the adjustment, as the case may be, giving details of any relevant calculation.
2
The employing authority may at any time, by notice in writing, require a person to whom compensation is payable under any of Parts IV to VIII —
a
to supply such information; and
b
to produce such documents in support of that information,
as they may reasonably require for the discharge of their functions under these Regulations; and may require the information and documents to be supplied and produced within such reasonable period as may be specified in the notice.
Information relevant to compensation — individuals
28
1
Within one month after the date of his entry into, or departure from, a new employment, a person to whom a credited period has been awarded must, by notice in writing, inform his employing authority of that fact.
2
A person who has received a notice under regulation 27(2) must supply the information and produce the documents required (in so far as they are in his possession or under his control); and, if a period for their supply and production has been specified in the notice, must supply and produce them before the end of that period.
Payments and repayments
29
1
Any compensation payable under these Regulations —
a
is payable to or in trust for the person entitled to receive it;
b
is not assignable or chargeable with his debts or other liabilities; and
c
on his bankruptcy, shall not vest in his trustee in bankruptcy as part of his estate.
2
Compensation (other than compensation payable in a lump sum) payable to, or in respect of, a person shall be payable where the entitlement arises under Parts IV or VIII, at the same intervals as those at which his pension is payable under the Pension Regulations (or, but for a relevant disqualification and on the relevant assumptions or, as the case may be, the transfer of benefits to another pension scheme, would have been so payable).
3
Where any compensation is paid in error to any person (including any overpayment) —
a
the paying authority must, as soon as possible after the discovery of the error —
i
inform the person concerned, by notice in writing, giving details of the relevant calculation;
ii
where there has been an underpayment, make a further payment;
iii
where there has been an overpayment, specify a reasonable period for repayment;
b
a person who has received a notice under sub-paragraph (a) must repay any overpayment within the specified period; and
c
the paying authority may take such steps as they consider appropriate to recover from the person to whom it was paid any overpayment which has not been repaid within the specified period.
3
The paying authority shall take into account the person’s circumstances (so far as known or reasonably ascertainable), before taking steps under paragraph (3)(c).
Interest on late payments
30
1
Where all or part of any compensation due under either of Parts IV or VIII is not paid within the relevant period after the due date, the paying authority must pay interest on the unpaid amount to the person to whom it is payable.
2
The rate of interest is one per cent. above base rate on a day to day basis from the due date to the date of payment, and compounded with three-monthly rests.
Authority by whom compensation is payable
31
1
Unless other provisions of these Regulations have a different effect, compensation payable under either of Parts IV or VIII shall be paid by the employing authority.
2
The appropriate authority in relation to any person who is entitled to any compensation under these Regulations may agree with the employing authority to pay on their behalf any compensation arising in respect of that person and to recover the amount from the employing authority within such period (subject to paragraph (4)) and on such terms as the appropriate authority may determine.
3
Lump sum compensation may not be paid from the pension fund maintained by the appropriate authority under the Pension Regulations.
4
The amount of any other compensation paid from the pension fund by an appropriate authority on behalf of the employing authority must be recovered from the employing authority within two months from the payment.
PART X
MISCELLANEOUS AND SUPPLEMENTARY
Finance
32
The cost of any payment to be made under these Regulations must not be met out of any pension fund.
Transitional provisions and savings
33
Schedule 4 shall have effect for the purpose of making transitional provisions and savings.
Consequential amendments
34
Schedule 5 shall have effect for the purpose of making amendments which are consequential on the making of these Regulations.
Revocation of Regulations
35
The following provisions and instruments are revoked —
The Local Government (Compensation for Redundancy) Regulations 1994 ;
The Local Government (Compensation for Redundancy) (Amendment) Regulations 1996 ;
Parts II to IV of, and Schedules 1 and 4 to, the 1996 Regulations ;
so much of the Local Government (Discretionary Payments) (Amendment) Regulations 1998 as relates to Parts II to IV of the 1996 Regulations;
regulations 4 to 6 of the Local Government (Discretionary Payments) (Amendment) Regulations 1999 ;
regulations 2 and 3 of the Local Government (Discretionary Payments) (Amendment No. 2) Regulations 1999 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
24th May 2000


text:
PART I
GENERAL
1
This Order may be cited as the Organisation for Joint Armament Cooperation (Immunities and Privileges) Order 2000. It shall come into force on the date on which the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the French Republic, the Government of the Federal Republic of Germany and the Government of the Italian Republic on the Establishment of the Organisation for Joint Armament Cooperation (Organisation Conjointe de Cooperation en Matiere d'Armament) OCCAR (hereinafter referred to as the Convention) enters into force. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order —
“ the Organisation ” means the Organisation for Joint Armament Cooperation established by the Convention;
“official activities” in relation to the Organisation means its administrative activities and those which it is authorised to undertake pursuant to the Convention;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
PART II
THE ORGANISATION
3
The Organisation is an organisation of which the United Kingdom and other sovereign Powers are members.
4
The Organisation shall have the legal capacities of a body corporate.
5
The Organisation shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
6
1
The Organisation shall have immunity from suit and legal process except:
a
to the extent that it shall have expressly waived such immunity in a particular case;
b
in respect of a civil action by a third party for damage arising from an accident caused by a motor vehicle belonging to, or operated on behalf of, the Organisation, or in respect of a motor traffic offence involving such a vehicle;
c
in respect of the enforcement of an arbitration award made under the terms of any contract made by the Organisation;
d
in respect of an attachment order against the salaries, wages and emoluments owed by the Organisation to a member of staff.
2
The provisions of the preceding paragraph shall not prevent the taking of such measures as may be permitted by law in relation to the property and assets of the Organisation in so far as they may be temporarily necessary in connection with the prevention of, and investigation into, accidents involving motor vehicles belonging to, or operated on behalf of, the Organisation.
7
Within the scope of its official activities, the Organisation, its property, assets and income shall have exemption from taxes on income, capital gains tax and corporation tax.
8
The Organisation shall have the like relief from rates as, in accordance with Article 23 of the 1961 Convention Articles, is accorded in respect of the premises of a diplomatic mission.
9
The Organisation shall have exemption from all duties (whether of customs or excise) and taxes on the importation by it of goods necessary for the exercise of its official activities, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods imported or exported by it and necessary for its official activities and in the case of any of its official publications, imported or exported by it.
11
The Organisation shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom by the Organisation and is necessary for the exercise of its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on any official vehicle and value added tax paid on the supply of any goods or services which are supplied for its official activities, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of insurance premium tax and air passenger duty paid by the Organisation in the exercise of its official activities.
PART III
REPRESENTATIVES
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Member State whom they represent, representatives of Member States of the Organisation shall enjoy:
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words spoken and written, done by them in the exercise of their functions, except in the case of a motor traffic offence committed by a representative of a Member State, or in the case of damage caused by a motor vehicle belonging to or driven by such a representative;
b
while exercising their functions and during their journeys to and from the place of meeting, the like inviolability for all their official papers and documents as is accorded to a diplomatic agent;
c
while exercising their functions and in the course of their journeys to and from the place of meeting the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives, other than their alternate representatives and advisers.
3
Neither the provisions of the preceding paragraphs of this Article, nor those of Part IV of Schedule 1 to the Act, shall operate so as to confer any privilege or immunity on any persons as the representatives or alternate representatives, or their advisers, of Her Majesty’s Government in the United Kingdom or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
4
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives, alternate representatives or advisers.
PART IV
MEMBERS OF STAFF
Director
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Board of Supervisors of the Organisation, the Director or any official acting on his behalf during his absence from duty shall enjoy:
a
the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes (other than income tax in respect of his salary and emoluments and duties and taxes on the importation of goods) as are accorded to or in respect of a diplomatic agent;
b
the like exemption from duties and taxes on the importation of articles imported for his personal use, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of duty (whether of customs or excise) or value added tax paid on any hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) which is bought in the United Kingdom by him or on his behalf and which is for his personal user or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements,
provided that this Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British National (Overseas), or who is a permanent resident of the United Kingdom.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the family of any officer to whom this Article applies.
Members of Staff
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Director, the members of staff shall enjoy:
a
immunity from suit and legal process, even after they have left the services of the Organisation, in respect of acts, including words written and spoken, done by them in the exercise of their functions; this immunity shall not apply, however, in the case of a motor traffic offence committed by a member of staff of the Organisation, nor in the case of damage caused by a motor vehicle belonging to or driven by a member of staff;
b
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (overseas) or permanently resident in the United Kingdom, the like exemption from duties (whether of customs or excise) and taxes on the importation of furniture and personal effects (including one motor vehicle each) which —
i
at or about the time when they first enter the United Kingdom to take up their posts as officers of the Organisation are imported for their personal use, and
ii
are articles which were in their ownership or possession or which they were under contract to purchase, immediately before they so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent.
17
1
As from the date on which an internal effective tax for the benefit of the Organisation on the salaries and emoluments paid to them by the Organisation is applied, the Director and the members of staff of the Organisation shall enjoy exemption from income tax in respect of such salaries and emoluments, provided that nothing in this paragraph shall be interpreted as precluding such salaries and emoluments from being taken into account for the purpose of assessing the amount of taxation to be applied to income from other sources.
2
Paragraph (1) of this Article shall not apply to pensions or annuities paid by the Organisation.
18
Provided that the Organisation has established a social security scheme, which the Secretary of State considers to provide adequate benefits, the Director and the members of staff of the Organisation shall enjoy exemptions whereby for the purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered for the Organisation by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART V
EXPERTS PERFORMING MISSIONS
19
Except in so far as in any particular case any privilege or immunity is waived by the Director, experts (other than officials of the Organisation) performing missions on behalf of the Organisation shall enjoy:
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions;
b
during the period of their missions, including during journeys made in connection with service on such missions, the like immunity from personal arrest or detention and the like inviolability for all papers and documents as is accorded to a diplomatic agent.
A. K. Galloway
Clerk of the Privy Council


text:
1
1
These Regulations may be cited as the Education Transfer Council (Winding up) Regulations 2000.
2
These Regulations shall come into force on 31st October 2000.
2
In these Regulations:
“ the Act ” means the School Standards and Framework Act 1998;
“the 1988 Act ” means the Education Reform Act 1988 ;
“ the Council ” means the Education Transfer Council ; and
“the dissolution date” means the date, on which the Council is to be dissolved, specified in an order of the Secretary of State in accordance with regulation 3.
3
The Council shall be dissolved on such date as the Secretary of State may by order specify.
4
Prior to the dissolution date the Council shall —
a
prepare, and submit to the Secretary of State for his approval, a plan for the disposal of property of the Council to persons other than the Secretary of State; and
b
once the plan is approved by the Secretary of State, make arrangements for the disposal of the property in question in accordance with the plan.
5
The Council shall use their best endeavours to secure that any functions remaining to be discharged by them at any time after these Regulations come into force are discharged by such date or dates falling before the dissolution date as the Secretary of State may determine.
6
The Council shall prepare in respect of the period from 1st April 2000 a final statement of accounts and shall send a copy of the statement to the Secretary of State by 27th December 2000.
7
Any property, rights and liabilities to which the Council are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Council) shall by virtue of these Regulations become property, rights and liabilities of the Secretary of State on that date.
8
Any legal proceedings to which the Council are a party immediately before the dissolution date may be continued on or after that date by or in relation to the Secretary of State.
9
Every agreement (whether written or not) and every instrument or other document, which relates to any property, right or liability of the Council to which regulation 7 above applies shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if —
a
where the Council is a party to it, the Secretary of State were substituted as that party,
b
for any reference to the Council there were substituted a reference to the Secretary of State,
c
for any reference (however worded and whether express or implied) to the chairman, the chief executive or any member of the Council there were substitued a reference to such officer or officers as the Secretary of State may appoint for the purpose, and
d
for any reference to the office or place of business of the Council there were substituted a reference to the principal office of the Secretary of State.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
3rd October 2000


text:
1
This Order may be cited as the College of Care and Early Education (Dissolution) Order 2000, and shall come into force on 1st August 2000.
2
On 1st August 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to City of Bristol College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2000 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to City of Bristol College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
10th July 2000


text:
Citation and commencement
1
This Order may be cited as the Reserve Forces Act 1996 (Reserve Associations) Order 2000 and shall come into force on 1st October 2000.
General Interpretation
2
1
In this Order —
“the 1996 Act ” means the Reserve Forces Act 1996;
“the Eastern Wessex Association” means the territorial, auxiliary and volunteer reserve association that, immediately before the coming into force of this Order, was established for the area that comprised —
the counties of Buckinghamshire, Dorset, Hampshire, Isle of Wight, and Oxfordshire, and
the non-metropolitan districts of Bournemouth, Bracknell Forest, Milton Keynes, Poole, Portsmouth, Reading, Slough, Southampton, West Berkshire, Windsor and Maidenhead, and Wokingham, and
the Channel Islands;
“the South East Association” means the territorial, auxiliary and volunteer reserve association that is established for the area that, immediately before the coming into force of this Order, comprised —
the counties of East Sussex, Kent, Surrey, and West Sussex, and
the non-metropolitan districts of Brighton and Hove, and the Medway Towns;
“the Wessex Association” means the territorial, auxiliary and volunteer reserve association that is established for the area that, immediately before the coming into force of this Order, comprised —
the counties of Cornwall, Devon, Gloucestershire, Somerset and Wiltshire, and
the non-metropolitan districts of Bath and North East Somerset, Bristol, the Isles of Scilly, North Somerset, Plymouth, South Gloucestershire, Swindon, and Torbay.
2
Any reference in this Order to a local government or administrative area is to that area as it was immediately before the coming into force of this Order.
Winding up of the Eastern Wessex Association
3
The Eastern Wessex Association is hereby wound up.
Alteration of the area of the Wessex Association
4
1
The Defence Council hereby alters the area for which the Wessex Association is established.
2
The area for which the Wessex Association is established shall henceforth comprise —
a
the counties of Cornwall, Devon, Dorset, Gloucestershire, Somerset and Wiltshire, and
b
the non-metropolitan districts of Bath and North East Somerset, Bournemouth, Bristol, the Isles of Scilly, North Somerset, Plymouth, Poole, South Gloucestershire, Swindon, and Torbay.
Alteration of the area of the South East Association
5
1
The Defence Council hereby alters the area for which the South East Association is established.
2
The area for which the South East Association is established shall henceforth comprise —
a
the counties of Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey and West Sussex, and
b
the non-metropolitan districts of Bracknell Forest, Brighton and Hove, the Medway Towns, Milton Keynes, Portsmouth, Reading, Slough, Southampton, West Berkshire, Windsor and Maidenhead, and Wokingham, and
c
the Channel Islands.
Transfer of property, rights and liabilities to the Wessex Association
6
1
There is hereby transferred to and vested in the Wessex Association so much of the property, rights and liabilities as, immediately before the coming into force of this Order, were held by or on behalf of, or were vested in or incurred by or on behalf of, the Eastern Wessex Association in connection with the discharge of its activities in or in relation to any or all of the following —
a
the county of Dorset, and
b
the non-metropolitan districts of Bournemouth and Poole.
2
Any instrument shall have effect, so far as may be necessary for or in consequence of the transfer effected by paragraph (1) of this article, as if references in it to the Eastern Wessex Association (howsoever described) were references to the Wessex Association.
Transfer of property, rights and liabilities to the South East Association
7
1
There is hereby transferred to and vested in the South East Association so much of the property, rights and liabilities as, immediately before the coming into force of this Order, were held by or on behalf of, or were vested in or incurred by or on behalf of, the Eastern Wessex Association in connection with the discharge of its activities in or in relation to any or all of the following —
a
the counties of Buckinghamshire, Hampshire, Isle of Wight, and Oxfordshire, and
b
the non-metropolitan districts of Bracknell Forest, Milton Keynes, Portsmouth, Reading, Slough, Southampton, West Berkshire, Windsor and Maidenhead, and Wokingham, and
c
the Channel Islands.
2
Any instrument shall have effect, so far as may be necessary for or in consequence of the transfer effected by paragraph (1) of this article, as if references in it to the Eastern Wessex Association (howsoever described) were references to the South East Association.
Symonds of Vernham Dean
4th September 2000
On behalf of the Defence Council.
Kevin Tebbit
Members of the Defence Council
4th September 2000


text:
1
This Order may be cited as the Air Navigation (Jersey) (Amendment) Order 2000 and shall come into force on 3rd January 2001.
2
The Schedule to the Air Navigation (Jersey) Order 2000 shall be amended as follows:
a
by substituting for paragraph 28 —
28
For article 90 and its heading, substitute:
Aerodromes
90
An aircraft shall not take off or land at any place in Jersey other than a Government aerodrome or an aerodrome licensed under this Order and in accordance with any condition subject to which the aerodrome may have been notified under article 91 or licensed under article 92 of this Order.
;
b
by omitting from the article substituted by paragraph 29, the words from “engaged” to the end.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment) Regulations 2000 and shall come into force on 19th April 2000.
2
1
In regulation 3ZA(4) of the Taxes (Interest Rate) Regulations 1989 for “RR+2” substitute “RR+1”.
2
Paragraph (1) has effect on and after 20th April 2000 in relation to interest running from before that day as well as interest running from, or from after, that day.
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2000


text:
1
This Order may be cited as the Sexual Offences (Amendment) Act 2000 (Commencement No. 1) Order 2000.
2
1
Save for the provisions specified in paragraph (2) below (which relate only to Scotland), the Sexual Offences (Amendment) Act 2000 shall come into force on 8th January 2001.
2
The provisions excepted by paragraph (1) are:
a
section 1(3) (reduction in age at which certain sexual acts are lawful);
b
section 2(4) (defences available to persons who are under age);
c
section 4(3)(c) (meaning of position of trust), and the provisions in subsection (9) of that section which relate only to Scotland;
d
section 5(3) (notification requirements for offenders under section 3); and
e
section 6(2) (meaning of “sexual offence” for the purposes of the Criminal Procedure (Scotland) Act 1995 .
3
This Order extends to England and Wales and Northern Ireland only.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
14th December 2000


text:
1
These Regulations may be cited as the Education (Student Support) Regulations 2000 (Amendment) (No. 2) Regulations 2000 and shall come into force on 1st September 2000.
2
The Education (Student Support) Regulations 2000 shall be amended as follows.
3
1
In regulation 2(1) insert in the appropriate place the following definition:
“end-on course” means —
a course mentioned in paragraph 1 of Schedule 2, which a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 2 or 3 of Schedule 2 (disregarding any intervening vacation) for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations, or support under the 1999 Regulations; or
a course for the initial training of teachers mentioned in paragraph 4 of Schedule 2 the duration of which does not exceed two years (a part-time course being treated as its full-time equivalent), which a student begins to attend immediately after ceasing to attend a course mentioned in paragraph 1 or 4 (but only where the course leads to a first degree) of Schedule 2 (disregarding any intervening vacation) for which the student received or was entitled to receive a transitional award, a loan under the 1998 Regulations, or support under the 1999 Regulations;
.
2
In regulation 2(3) substitute for the words “military and air forces and of the Royal Navy forces” the words “naval, military or air forces of the Crown”.
4
In regulation 10(4)(a) substitute for the words “except where the previous course was one leading to a first degree within paragraph 4 of Schedule 2 and the eligible student did not successfully complete it; or” the following:
except where the previous course was a course
i
leading to a first degree within paragraph 4 of Schedule 2, or
ii
for the initial training of teachers referred to in paragraph 4 of Schedule 2 the duration of which does not exceed two years (a part-time course being treated as its full-time equivalent)
and the eligible student did not successfully complete it; or
.
5
In regulation 12(3) —
a
in sub-paragraph (a) after the words “public health service laboratory” insert the words “or with a primary care trust”; and
b
in sub-paragraph (e)(i) after the words “National Health Service Act 1977” insert the word “or”.
6
In regulation 15(10) —
a
at the end of the definition of “child” insert the words “and, in the case of a student in respect of whom the first academic year of the course (not being an end-on course) begins on or after 1st September 2000 and who falls within paragraph 3(1)(a) of Part II of Schedule 3, any child of his partner who is dependent on him”;
b
after the definition of “dependent” insert the following definition:
“partner” means a woman ordinarily living with a man student as his wife or a man ordinarily living with a woman student as her husband;
; and
c
for the definition of “spouse” substitute the following:
“spouse” includes, in the case of an eligible student in respect of whom the first academic year of the course (not being an end-on course) begins on or after 1st September 2000 and who falls within paragraph 3(1)(a) of Part II of Schedule 3, a partner. It does not include a spouse of an eligible student where they have ceased ordinarily to live together, in the case of a married student whether or not an order for their separation has been made by any court, or where the spouse is ordinarily living outside the United Kingdom and is not maintained by him.
.
7
1
In regulation 16(1) —
a
substitute for the words “for school meals” the words “under this regulation”; and
b
after the words “if the child” insert the words “is either aged three or four during the relevant school year or”.
2
For regulation 16(5) substitute the following paragraph:
5
In this regulation “relevant school year” means:
a
in the case of a child who attends a school (of a kind referred to in paragraph (1)), the school year whose beginning is closest to the beginning of the academic year in respect of which the eligibility for grant under this regulation is being assessed, where “school year” has the meaning given in section 579(1) of the Education Act 1996 ; and
b
in the case of a child aged three or four who does not attend such a school, the period of 12 months beginning on 1st September which falls closest to the beginning of the academic year in respect of which the eligibility for grant under this regulation is being assessed.
.
8
After regulation 21(6) add the following paragraph:
7
Where the amount of the hardship loan is determined to be less than £500 under paragraph (4), the student may make one further application for a hardship loan in accordance with the requirements of this regulation, except that the amount of the hardship loan under the second determination when added to the amount under the first determination shall not exceed £500.
.
9
1
In paragraph 1(1)(d) of Schedule 3 add at the end the following words:
or any payment made in respect of the student’s training as a teacher by an institution to which grants, loans or other payments for that purpose are provided under section 5 of the Education Act 1994 ;
.
2
In paragraph 1(1)(t) of Schedule 3 for the words “access funds held by the institution” substitute the words “access bursary funds or hardship funds paid to the institution under section 65 of the Further and Higher Education Act 1992 ”.
3
In paragraph 6(2)(aa) of Schedule 3 after the words “1st September 2000” insert the words “(or on or after 1st September 2000 where the course is an end-on course)”.
4
In paragraph 7 of Schedule 3 after the words “his course” and “her course” insert the words “(not being an end-on course)”.
Tessa Blackstone
Minister of State,
Department for Education and Employment
3rd August 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the War Pensions Committees Regulations 2000, and shall come into force on 1st January 2001.
2
In these Regulations —
“committee” means a war pensions committee or, where the context so requires, the war pensions committee for the relevant area;
“member” means member of a committee or, where the context so requires, a member of the relevant committee; and
“widow” means a widow in receipt of a war widow’s pension.
3
Any reference to Schedule 1 or to Schedule 2 is a reference to the Schedule so numbered in these Regulations, and any reference to the area of a committee is a reference to the area for which the committee is established pursuant to regulation 3, 4, 5 or 6.
Revocation of regulations and abolition of existing committees
2
The following Regulations are hereby revoked:
The War Pensions Committees Regulations 1990 ;
The War Pensions Committees (Amendment) Regulations 1995 ; and
The War Pensions Committees (Amendment) Regulations 1996 ,
and the committees established and operated thereunder shall be abolished.
Committees for England
3
In England, there shall be established for each group of local government areas specified in column 1 of Schedule 1 a committee bearing the name specified in respect of that group in column 2.
Committee for Wales
4
There shall be established for Wales a committee named the Wales War Pensions Committee (Pwyllgor Pensiynau Rhyel Cymru).
Committee for Northern Ireland
5
There shall be established for Northern Ireland a committee named the Northern Ireland War Pensions Committee.
Committees for Scotland
6
In Scotland, there shall be established for each group of local government areas specified in column 1 of the following Table a committee bearing the name specified in respect of that group in column 2 —
TABLE
1. 2. Group comprising — Name of committee
City of Aberdeen, Aberdeenshire, Angus, The Borders, Clackmannan, City of Dundee, City of Edinburgh, Falkirk, Fife, Highland, East Lothian, Midlothian, West Lothian, Moray, Orkney Islands, Perthshire and Kinross, Shetland Islands, Stirling, Western Isles. East Scotland War Pensions Committee. Argyll and Bute, East Ayrshire, North Ayrshire, South Ayrshire, Dumfries and Galloway, Dumbarton and Clydebank, East Dunbartonshire, City of Glasgow, Inverclyde, North Lanarkshire, South Lanarkshire, Renfrewshire, East Renfrewshire. West Scotland War Pensions Committee.
Membership, constitution, proceedings, etc of committees
7
1
Each committee shall consist of not fewer than 12 nor more than 20 members who shall be appointed by the Secretary of State.
2
The provisions of Schedule 2 shall have effect with respect to committees.
Functions of a committee
8
1
In its area, a committee shall —
a
enable and foster local consultation by the Secretary of State on issues affecting war pensioners or widows;
b
help to increase awareness about war pensions;
c
support, monitor and help to increase awareness about the services provided by the War Pensions Agency and by other organisations with a view to ensuring that the welfare needs of pensioners, widows and their dependants are suitably addressed; and
d
assist war pensioners and widows with any problem or complaint regarding pensions or the welfare services provided by the War Pensions Agency.
2
In its area, a committee may, in particular —
a
assist any individual war pensioner or widow in pursuing any problem or complaint mentioned in paragraph (1)(d);
b
make representations and recommendations to the Secretary of State about any problem or complaint mentioned in paragraph (1)(d);
c
report to the Secretary of State on any matter arising pursuant to its functions under paragraph (1); and
d
receive and disburse funds from charitable or other sources for the sole purpose of provision of social activities for war pensioners and widows.
3
Where funds are received as mentioned in paragraph (2)(d), the committee shall keep proper accounts of all receipts and disbursements, and it shall provide a copy of those accounts to the Secretary of State as soon as is practicable after:
a
the end of each financial year; and
b
at any other time, on receipt of a written request from the Secretary of State.
Recommendations and representations
9
Any recommendations or representations which a committee makes to the Secretary of State shall be by way of a resolution submitted to him.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
1st December 2000


text:
1
These Regulations may be cited as the General Teaching Council for England (Constitution) (Amendment) Regulations 2000 and shall come into force on 30th June 2000.
2
The General Teaching Council for England (Constitution) Regulations 1999 shall be amended by —
a
the substitution in regulation 3 of “64” for “63”;
b
the substitution in regulation 8 of “17” for “16”;
c
the deletion of the word “and” at the end of regulation 8(m);
d
the insertion of the word “and” at the end of regulation 8(n); and
e
the insertion after regulation 8(n) of the following paragraph:
o
one member by the Disability Rights Commission.
.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
31st May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Poole Central and North Primary Care Trust (Establishment) Order 2000 and shall come into force on 16th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Poole Central and North Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Poole Central and North Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Dorset Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Dorset Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the authority; and
b
officers of the authority.
4
The Dorset Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
5th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the National Health Service (Injury Benefits) Amendment Regulations 2000 and shall come into force on 1st April 2000.
Amendment of Regulations
2
The National Health Service (Injury Benefits) Regulations 1995 shall be amended in accordance with regulations 3 to 6 below.
Amendment of regulation 2
3
In paragraph (1) of regulation 2 (interpretation)–
a
in the definition of “dental pilot scheme employee” for the words “an individual”, in the second place where those words occur, there shall be substituted the words “a person”;
b
in the definition of “employing authority”–
i
for paragraph (a) there shall be substituted the following paragraphs:–
a
a Health Authority established under section 8 of the National Health Service Act 1977 ;
aa
a Special Health Authority established under section 11 of that Act ;
,
ii
paragraph (b) shall be omitted,
iii
before paragraph (c) there shall be inserted the following paragraph:–
bb
a Primary Care Trust established under section 16A of that Act ;
;
c
in the definition of “medical pilot scheme employee” for the words “an individual”, in the second place where those words occur, there shall be substituted the words “a person”;
d
in the definition of “ NHS dental employee” –
i
after paragraph (a) there shall be inserted the following paragraph:–
aa
a Primary Care Trust;
, and
ii
after paragraph (b) there shall be inserted the following paragraph:–
bb
a Special Health Authority;
;
e
after that definition there shall be inserted the following definition:–
“NHS employment” has the same meaning as in the National Health Service Pension Scheme Regulations 1995 ;
.
Amendment of regulation 3
4
In paragraph (1) of regulation 3 (persons to whom the regulations apply)–
a
in sub-paragraph (j)(i) after the word “trust” there shall be inserted the words “or a Primary Care Trust”; and
b
after sub-paragraph (j) there shall be inserted the following sub-paragraph:–
k
is a practitioner or is in NHS employment, and is–
i
a member of a Primary Care Trust by virtue of regulation 2(4)(b) or (c) of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (officer members), or
ii
a member of the Executive Committee of a Primary Care Trust by virtue of article 2(3)(c) of the Primary Care Trust Executive Committee Directions 2000 given by the Secretary of State on 10th February 2000 ;
.
Amendment of regulation 4
5
In regulation 4 (scale of benefits) after paragraph (5) there shall be inserted the following paragraph:–
5A
Where, in the case of a person referred to in paragraph (1)(k) of regulation 3, paragraph (2) of that regulation applies with respect to any employment of his (within the meaning of that regulation) as a member of a Primary Care Trust or of its Executive Committee, paragraph (5) of this regulation shall apply to that person as if he were an officer employed by that Primary Care Trust.
.
Amendment of regulation 4A
6
In regulation 4A (recovery of costs) for paragraph (6) there shall be substituted the following paragraphs:–
6
This regulation and regulation 4(5) shall apply–
a
to a practitioner, as if he were an officer of the Health Authority in whose area he is providing services;
b
to–
i
a registered dentist who is engaged, under a contract for services, by a person providing piloted services to carry out personal dental services in accordance with a pilot scheme, or
ii
a dental pilot scheme employee who is employed as such otherwise than by a National Health Service Trust or a Primary Care Trust,
as if he were an officer of the Health Authority with which the person providing the piloted services has agreed to provide them; and
c
to–
i
a person providing piloted services, or
ii
a registered medical practitioner who is a medical pilot scheme employee,
as if he were an officer of the Health Authority or, as the case may be, the Primary Care Trust with which the person providing the piloted services has agreed to provide them.
7
Where, in the case of a person referred to in paragraph (1)(k) of regulation 3, paragraph (2) of that regulation applies with respect to any employment of his (within the meaning of that regulation) as a member of a Primary Care Trust or of its Executive Committee, this regulation shall apply to that person as if he were an officer employed by that Primary Care Trust.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th March 2000
We consent
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chemical Weapons Act 1996 (Guernsey) Order 2000 and shall come into force on 1st April 2000.
2
In this Order–
“ Guernsey ” means the Bailiwick of Guernsey; and
“ the Act ” means the Chemical Weapons Act 1996.
Application of section 2 of the Act
2
The application of section 2 of the Act, so far as it applies to acts done outside the United Kingdom, shall extend to bodies incorporated under the law of any part of Guernsey.
Extension of provisions of the Act to Guernsey
3
The Act shall extend to Guernsey with the exceptions, adaptations and modifications 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 Undersized Spider Crabs Order 2000 and shall come into force on 30th June 2000.
Interpretation
2
1
In this Order —
“ the Act ” means the Sea Fish (Conservation) Act 1967;
“Jersey” means the Bailiwick of Jersey;
“size”, in relation to a spider crab, means the length of the carapace, along the midline, from the edge of the carapace between the rostrums to the posterior edge of the carapace and shall be measured as shown in the Schedule to this Order;
“spider crab” means crab of the species Maia squinado ;
“territorial sea adjacent to Jersey” means the sea within 12 nautical miles from the baselines from which the breadth of the territorial sea adjacent to Jersey is measured.
2
In this Order —
a
the term “within relevant British fishery limits” does not include:
i
the territorial sea adjacent to Wales;
ii
the territorial sea adjacent to the Isle of Man; and
iii
the territorial sea adjacent to Jersey;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in:
i
the territorial sea adjacent to Wales; or
ii
the territorial sea adjacent to Jersey.
Prescribed minimum size for landing spider crabs in England
3
1
For the purposes of section 1(1) of the Act (which prohibits the landing in England and Wales of any sea fish of any description, being a fish of a smaller size than such size as may be prescribed in relation to sea fish of that description), there is hereby prescribed as the minimum size for male spider crabs a size of 130 millimetres.
2
Landing from foreign fishing boats is exempted from the prohibition imposed by section 1(1) of the Act as read with paragraph (1) above.
3
This article applies only to landings in England.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of section 1(1) of the Act as read with this Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below —
a
in relation to any relevant British fishing boat wherever it may be; and
b
in relation to any Scottish fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of 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) above and, in particular —
a
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 its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document;
c
for the purpose of ascertaining whether the master, owner or charter of the boat has committed an offence under section 1(1) of the Act as read with this Order, 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; and
d
where the boat is one in relation to which he has reason to suspect that such an 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 (d) 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 contravention of this Order has at any time taken place within British fishery limits he may —
a
require the master of the boat in relation to which the contravention 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 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.
Elliott Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
25th May 2000
John Reid
Secretary of State for Scotland
7th June 2000
Paul Murphy
Secretary of State for Wales
25 May 2000
Peter Mandelson
Secretary of State for Northern Ireland
7th June 2000


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 2000 and shall come into force on 19th May 2000.
Amendment of regulation 41 of the Income Tax (Employments) Regulations 1993
2
For paragraph (3) of regulation 41 of the Income Tax (Employments) Regulations 1993 substitute–
3
The condition is that, for income tax months falling within the current year, the average monthly amount found by the formula —
P + N + L + S - T will be less than £1,500.
Here —
P is the amount which would be payable to the collector under regulation 40 if any adjustment to that amount under regulation 7(1) of the Tax Credits (Payments by Employers) Regulations 1999 (funding of payment by relevant employer or relevant subsequent employer of tax credit) were disregarded;
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992 and the Social Security (Contributions) Regulations 1979 ; or in Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and the Social Security (Contributions) Regulations (Northern Ireland) 1979 if any adjustment to that amount under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
L is the amount which would be payable to the collector under regulation 39(1) of either the Education (Student Loans) (Repayment) Regulations 2000 or the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (payment of repayment deducted to the Inland Revenue) if the reduction of that amount which is referred to in paragraph (3) of that regulation and in regulation 7(2) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
S is the amount payable to the collector under section 559 of the Taxes Act and the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 ; and
T is the amount which the employer is required to pay by way of tax credits in accordance with regulation 6(2) of the Tax Credits (Payment by Employers) Regulations 1999.
.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
25th April 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.) (England and Wales) Regulations 2000 and shall come into force —
a
for the purposes of regulation 2(1) on 1st December 2000; and
b
for all other purposes on 31st March 2001.
2
In these Regulations “the 1995 Act ” means the Disability Discrimination Act 1995.
3
These Regulations extend to England and Wales.
Notices of exemption
2
1
The prescribed notice of exemption for the purposes of section 37(8)(b) of the 1995 Act shall be —
a
in the case of a driver of a taxi to whom the certificate of exemption has been issued by a licensing authority in England, the notice set out in Schedule 1 to these Regulations; and
b
in the case of a driver of a taxi to whom the certificate of exemption has been issued by a licensing authority in Wales, the notice set out in Schedule 2 to these Regulations.
2
The prescribed manner of exhibiting a notice of exemption for the purposes of section 37(8)(b) of the 1995 Act shall be by either —
a
affixing it in a prominent position on the dashboard of the taxi, facing upwards; or
b
affixing it to the windscreen of the taxi, facing outwards.
Categories of dog
3
1
An assistance dog is prescribed as a category of dog for the purposes of section 37(9) of the 1995 Act.
2
“An assistance dog” means a dog which —
a
is trained by a specified charity to assist a disabled person with a physical impairment for the purpose of section 1 of the 1995 Act which —
i
consists of epilepsy; or
ii
otherwise affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects; and
b
at the time that the disabled person whom it is assisting hires a taxi, is wearing a jacket on which is prominently inscribed the name of a specified charity.
3
A “specified charity” means —
a
“Dogs for the Disabled” registered with the Charity Commission under registration number 700454;
b
“Support Dogs” registered with the Charity Commission under registration number 1017237; or
c
“Canine Partners for Independence” registered with the Charity Commission under registration number 803680.
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
8th November 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Fresh Meat (Beef Controls) (No. 2) (Amendment) (England) Regulations 2000; they extend to England only and come into force on 1st January 2001.
Amendment to the Fresh Meat (Beef Controls) (No. 2) Regulations 1996
2
1
In so far as they extend to England, the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 are amended in accordance with paragraph (2) of this regulation.
2
The following regulation is inserted between regulation 3 (prohibition of sale of meat from older bovines) and regulation 4 (the Beef Assurance Scheme) —
Enforcement of Article 2.1 of Commission Regulation ( EC ) No. 2777/2000
3A
No person shall contravene Article 2.1 of Commission Regulation (EC) No. 2777/2000 adopting exceptional support measures for the beef market .
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
28th December 2000