text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2001.
2
These Regulations shall come into force on 1st November 2001, but —
a
regulation 2 shall have effect from 1st September 1998, except that paragraphs (3) and (10)(d) of that regulation shall have effect from 1st July 1992;
b
regulations 3 and 4 shall have effect from 22nd July 1998;
c
regulations 5, 8 and 10 shall have effect from 1st July 2000;
d
regulation 6 shall have effect from 8th March 1995;
e
regulation 7 shall have effect from 1st April 2001;
f
regulation 9 shall have effect in so far as it relates to —
i
regulation 60 (London allowance), from 1st July 2000; and
ii
regulation 60A (south east England allowance), from 1st April 2001.
3
In these Regulations, “the Police Regulations ” means the Police Regulations 1995 .
Part-time working
2
1
In regulation 7 of the Police Regulations (part-time appointments), after paragraph (1), there shall be inserted the following paragraphs —
1A
In these Regulations a person appointed to perform part-time service includes a person appointed to share a job with another person.
1B
A person appointed to perform part-time service may not be appointed to serve as a full-time member without his consent.
1C
A person appointed to perform part-time service immediately after serving as a full-time member may give notice in writing of his intention to be re-appointed as a full-time member and shall be so appointed —
a
within one month of the date the notice is received by the police authority, where the authority has a suitable vacancy, or
b
except where sub-paragraph (a) applies, when 3 months have elapsed since the day the notice was received, or from an earlier date if reasonably practicable.
.
2
In regulation 26 of the Police Regulations (variable shift arrangements) —
a
in paragraph (1) the words “appointed otherwise than under regulation 7 (part-time appointments)” shall be omitted;
b
in paragraph (4), at the end, there shall be added “but subject in its application to members appointed in accordance with regulation 7 (part-time appointments) to paragraph (5)”;
c
after paragraph (4), add —
5
In their application to members appointed in accordance with regulation 7 to whom variable shift arrangements apply —
a
Schedule 1 shall have effect as if the Table in regulation 24(4D), as substituted by paragraph 4 of that Schedule, was the Table set out in regulation 24(3) as substituted by paragraph 1 of Schedule 3; and
b
Schedule 3 shall have effect as if paragraph 1 (except to the extent provided by sub-paragraph (a) above), paragraph 2 and paragraph 3 of that Schedule were omitted.
.
3
In regulation 39(2A) (rate of pay), sub-paragraph (e) shall be omitted.
4
Schedule 1 to the Police Regulations shall be amended in accordance with the following provisions of this regulation and in those provisions a reference to a paragraph number is, except where the context otherwise requires, a reference to the paragraph of that Schedule bearing that number.
5
In regulation 4(5) of the Police Regulations, inserted by paragraph 1, for the word “inspector” there shall be substituted the word “superintendent”.
6
In paragraph 4 —
a
after the words “period of duty)” insert the words “for “inspector” in paragraph (1) there shall be substituted “superintendent” and”;
b
in regulation 24(4A) —
i
after “(4)” insert “or (4ZA)”; and
ii
for head (b), substitute —
b
if no different number was agreed to by the member, his normal period of duty is the number of hours determined on the last previous review, or where no such review has taken place, under paragraph (2).
;
c
after regulation 24(4A), insert —
4ZA
In addition to any review required under paragraph (4A), a member or the chief officer may require a further review where there has been or is likely to be significant changes in the normal daily period of duty or in the circumstances of the member.
4ZB
On any review under paragraph (4ZA) the chief officer shall have regard to the number of hours actually spent on duty during the interval preceding the review.
;
d
in regulation 24(4D), for the Table there shall be substituted the following Table:
Number of hours Refreshment time
Less than 6 hours 30 minutes 6 hours or more, but less than 7 hours 35 minutes 7 hours or more, but less than 8 hours 40 minutes 8 hours or more, but less than 9 hours 45 minutes 9 hours or more, but less than 10 hours 50 minutes 10 hours or more 60 minutes
.
7
After paragraph 4, there shall be inserted the following paragraph —
4A
In regulation 26(1) for “inspector” substitute “superintendent”.
.
8
In paragraph 5(a) after head (i) there shall be inserted the following head —
ia
for “inspector” substitute “superintendent”; and
.
9
In paragraph 6, after regulation 28(2), insert —
2A
In the case of a member working a variable shift arrangement, the number of hours on duty shall be determined by adding together —
a
the average number of hours the member is contracted to work in the 7 day period referred to in paragraph (2);
b
the number of hours (if any) the member worked on any rest day falling within that period; and
c
the number of hours (if any) the member worked on any public holiday falling within that period.
.
10
In paragraph 7 —
a
in sub-paragraph (c), in regulation 29(5D), for “paragraph (5C)”, substitute “paragraph (5B)(c)”;
b
after sub-paragraph (c) insert —
cc
after paragraph (5D), add —
5E
In the case of a member working a variable shift arrangement, the number of hours on duty shall for the purposes of paragraph (5C)(a) be determined by adding together —
a
the average number of hours the member is contracted to work in the week in which the free day occurred;
b
the number of hours (if any) the member worked on any rest day in that week; and
c
the number of hours (if any) the member worked on any public holiday within that period.
;
c
in sub-paragraph (d), at the end of regulation 29(7A), add —
7B
Any entitlement of a member arising under paragraphs (6), (7) and (7A) in respect of any day is in addition to any payments due to that member for that day in accordance with regulation 39 (rate of pay).
;
d
in sub-paragraph (f), in head (i), in sub-paragraph (b) for “one quarter” substitute “one half”.
11
Paragraph 10 shall be omitted.
12
In paragraph 14 , at the end, there shall be added the following sub-paragraphs —
c
after paragraph (1B) insert —
1C
A member’s rate of pay for days of leave is to be the rate determined by the Secretary of State in accordance with this regulation —
a
reduced in the case of a member who shares a job with another person by one half; and
b
except in a case to which sub-paragraph (a) refers —
i
reduced in the case of a constable or sergeant in the proportion that the number of determined hours bears to 40 times the number of weeks in the relevant period; and
ii
multiplied in the case of a member above the rank or sergeant, by the appropriate factor.
d
In paragraph (2A) , after sub-paragraph (d), insert —
dd
any part-time service shall be taken into account as though it was full-time service.
.
13
For paragraph 15, there shall be substituted the following paragraph —
15
In regulation 40 (temporary salary) —
a
in paragraph (3) —
i
for the words “to perform the duties normally performed by a member of the force of a higher rank than his own for 14 complete days” substitute the words “for at least 112 hours of complete shifts throughout which he performed the duties normally performed by a member of the force of a higher rank than his own”;
ii
after the words “to the higher rank” insert the words “ as a full-time member”; and
b
in paragraph (6) for the words after “below the rank of” substitute the words “superintendent, the period that would constitute his normal daily period of duty if he were a full-time member, and “full-time member” means a member of the force appointed otherwise than under regulation 7.”.
.
14
Paragraph 17 shall be omitted.
15
Paragraph 25 shall be omitted.
Amendment of regulation 40 of the Police Regulations
3
In regulation 40 of the Police Regulations (temporary salary) —
a
in paragraph (3), for “paragraph (3B)”, substitute “paragraphs (3B) and (3C)”; and
b
after paragraph (3B), insert —
3C
A member of the police force of the rank of chief inspector who, in any year, has been required to perform the duties normally performed by a member of the rank of superintendent for 14 complete days shall be paid in respect of any further complete day in that year on which he is required to perform such duties at a rate equal to the lowest rate of pay to which he would be entitled on promotion to superintendent.
.
Temporary promotion
4
After regulation 40, insert the following regulation —
Temporary promotion
40A
1
A chief inspector who, for a period of 2 months or more, has performed the duties of superintendent shall be temporarily promoted to the rank of superintendent.
2
A member temporarily promoted in accordance with paragraph (1) shall revert to the rank of chief inspector when he is no longer required to perform those duties.
3
A member shall, while temporarily promoted to the rank of superintendent, be paid at the point on the pay scale of superintendents which would have applied in his case if the promotion had not been temporary.
.
Increase in London weighting
5
In regulation 41 of the Police Regulations (London weighting) , for “£1,662”, there shall be substituted “£1,713”.
Pay on promotion
6
The following regulation shall be inserted after regulation 41 of the Police Regulations —
Pay on Promotion
41A
1
This regulation applies to a member of a police force who is promoted to a higher rank.
2
The rate of pay payable to the member in the higher rank shall always be higher than the rate of pay the member would have received had he not been promoted and shall be set at a rate which is not less than the rate appropriate to the pay point which, in the higher rank, is immediately above the rate of pay the member would have been receiving but for his promotion.
3
For so long as the member continues to serve in the higher rank, he shall be paid at the rate identified in paragraph (2) until, in accordance with the terms of service appropriate to the officer’s new rank, a higher pay point becomes applicable.
.
Increase in removal allowance
7
In regulation 52(8) of the Police Regulations (removal allowance) , for “£1,524” there shall be substituted “£1,596”.
Abolition of detective expenses allowance
8
Regulation 54 of the Police Regulations (detective expenses allowance) shall be omitted.
London and south east England allowances
9
For regulation 60 (London allowance), there shall be substituted the following regulations —
London allowance
60
A member of the City of London or metropolitan police force shall be paid a London allowance —
a
in the case of a member appointed on or after 1st September 1994 and not in receipt of a replacement allowance under Schedule 13, at the rate of £4,338 a year;
b
in any other case, at the rate of £1,011 a year.
South east England allowance
60A
1
Members of the Essex, Hertfordshire, Kent, Surrey and Thames Valley constabularies to whom paragraph (3) applies shall each be paid an allowance at the rate of £2,000 per year.
2
Members of the Bedfordshire, Hampshire and Sussex constabularies to whom paragraph (3) applies shall each be paid an allowance at the rate of £1000 per year.
3
This paragraph applies to a member who —
a
was appointed as a member on or after 1st September 1994; and
b
is not in receipt of a replacement allowance under Schedule 13.
.
Dog handler’s allowance
10
In paragraph 1 of Schedule 10 to the Police Regulations (dog handler’s allowance) —
a
for sub-paragraph (1) there shall be substituted the following sub-paragraph —
1
Subject as hereinafter provided, a dog handler’s allowance shall be payable at an annual rate of £1,554.
; and
b
in sub-paragraph (1) as substituted by this regulation, for “£1,554” there shall be substituted, from and including 1st September 2000, “£1,602”;
c
for sub-paragraph (2), substitute —
2
Where the member keeps and cares for at his home more than one dog owned by the police authority, there shall be added to the allowance an amount equal to 25 per cent of the sum specified in sub-paragraph (1) for each such dog.
.
John Denham
Minister of State
Home Office
28th September 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Grant) (Financial Support for Students) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“approved” means approved by the Secretary of State;
“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;
“relevant course” means a prescribed course of higher education within the meaning of section 65 of the Further and Higher Education Act 1992 ; and
“relevant institution” means an institution within the further education sector within the meaning of the Further and Higher Education Act 1992.
Grants to relevant institutions
3
1
The Secretary of State may pay grant to the governing body of a relevant institution in respect of approved expenditure incurred or to be incurred by them in providing financial support (whether by waiving fees, providing funds, or otherwise) to students at the institution for the purposes mentioned in paragraph (2).
2
Those purposes are facilitating a student’s access to, or his continued attendance at, a relevant course at the institution.
Conditions
4
The making of a payment shall be dependent on the fulfilment of such conditions as may be determined by the Secretary of State.
Repayment
5
Where in the opinion of the Secretary of State any information or assumption on the basis of which grant has been paid is incorrect, the governing body to whom the grant was paid shall at the request of the Secretary of State repay such sums not exceeding the total grant as the Secretary of State may request.
Stephen Timms
Minister of State,
Department for Education and Skills
4th August 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment (No. 2) 2001 (England) Regulations 2001 and shall come into force on 19th December 2001.
2
In these Regulations —
“the principal Regulations ” means the National Health Service Trusts (Membership and Procedure) Regulations 1990 .
3
These Regulations extend to England only.
Amendment to regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), in the appropriate place, insert the following definitions —
“Care Trust” means an NHS Trust designated as a Care Trust pursuant to section 45(1) of the Health and Social Care Act 2001;
;
“NHS Trust” includes a Care Trust;
;
“relevant local authority” means a local authority which is a party to LA delegation arrangements with the NHS Trust; .
Amendment of regulation 2 of the principal Regulations
3
1
Regulation 2 of the principal Regulations (maximum number of directors) shall be amended as follows.
2
In both paragraphs (1) and (2), for “paragraph (3)” substitute “paragraphs (3) and (4)”.
3
After paragraph (3), add the following paragraph —
4
In the case of a Care Trust —
a
the maximum number of directors shall be fourteen, excluding the Chairman; and
b
the number of executive directors shall not exceed 7 and nor shall it exceed the number of non-executive directors.
.
Substitution of regulation 3 of the principal Regulations
4
For Regulation 3 of the principal Regulations (appointment of directors), substitute the following regulation —
Appointment of directors
3
1
Subject to regulation 4(5), the non-executive directors of an NHS trust shall be appointed by the Secretary of State.
2
The executive directors of an NHS trust shall be appointed by the relevant committee.
.
Amendment of regulation 4 of the principal Regulations
5
After paragraph (3) of regulation 4 of the principal Regulations (qualifications for appointments), add the following new paragraphs —
4
The executive directors of a Care Trust shall include, in addition to those directors specified in paragraph (1), a person with experience of the health-related functions of local authorities.
5
The non-executive directors of a Care Trust shall include at least one member of each relevant local authority, appointed by the Secretary of State following nomination by that authority, .
Amendment of regulation 5 of the principal Regulations
6
In regulation 5 of the principal Regulations (persons to be regarded as executive directors), after paragraph (b), add
or
c
is a person mentioned in regulation 4(4)
.
Amendment of regulation 7 of the principal Regulations
7
1
Regulation 7 of the principal Regulations (tenure of office of chairman and directors) shall be amended as follows.
2
In paragraph (1), after the words “subject to”, insert the words “paragraph (1A) and”.
3
After paragraph (1), insert the following paragraph —
1A
A non-executive director of a Care Trust who is a person mentioned in regulation 4(5) shall be appointed for a period not exceeding his remaining term of office as a member of the local authority.
.
Amendment of regulation 8 of the principal Regulations
8
1
Regulation 8 of the principal Regulations (tenure and suspension of tenure of office of executive directors) shall be amended as follows.
2
At the beginning of paragraph (2), insert “Subject to paragraph (2A),”.
3
After paragraph (2), insert the following paragraph —
2A
In the case of a Care Trust, the relevant committee shall not terminate the tenure of office of a director under paragraph (2) unless it has consulted each relevant local authority.
.
Amendment of regulation 9 of the principal Regulations
9
1
Regulation 9 of the principal Regulations (termination of tenure of office of chairman and non-executive directors) shall be amended as follows.
2
At the beginning of paragraphs (3), (4) and (6), insert “Subject to paragraph (8),”.
3
After paragraph (7), add the following paragraphs —
8
In the case of a Care Trust the Secretary of State shall not terminate the tenure of office of a chairman or non-executive director under paragraph (3), (4) or (6) unless he has consulted each relevant local authority.
9
Where a relevant local authority notifies the Secretary of State in writing that they no longer wish a relevant director to continue as a director of the Care Trust the Secretary of State shall forthwith terminate the tenure of office of that director.
10
In paragraph (9), a relevant director means a director nominated by the authority in accordance with regulation 4(5).
11
If the chairman or a non-executive director of a Care Trust who is a member of a local authority is suspended from being a member of that authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 2000 he shall be suspended from performing his functions as a member of the Care Trust for the period of the suspension.
.
Amendment of regulation 11 of the principal Regulations
10
In regulation 11 of the principal Regulations (disqualification for appointment of chairman and non-executive directors), after paragraph (1), insert the following paragraph —
1A
In the case of a Care Trust, in addition to the circumstances set out in paragraph (1), a person shall be disqualified for appointment as the chairman or non-executive director if he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a local authority.
.
Amendment of regulation 12 of the principal Regulations
11
In regulation 12(3) of the principal Regulations (cessation of disqualification), after the words “regulation 11(1)(c)” insert “or (1A)”.
Amendment of regulation 17 of the principal Regulations
12
In regulation 17 of the principal Regulations (committee for appointing chief officer as director), after “director of the trust”, insert “and in the case of a Care Trust the non-executive directors must include a person mentioned in regulation 4(5)”.
Amendment of regulation 18 of the principal Regulations
13
In regulation 18 of the principal Regulations (committee for appointing executive directors other than chief officer), after “other than the chief officer”, insert “and in the case of a Care Trust the non-executive directors must include a person mentioned in regulation 4(5)”.
Amendment of regulation 19 of the principal Regulations
14
In regulation 19(3) of the principal Regulations (meetings and proceedings of committees and sub-committees), after “subject to”, insert “paragraphs (17), (18) and”.
Amendment of the Schedule to the principal Regulations
15
In the Schedule to the principal Regulations (rules as to meetings and proceedings of NHS trusts) —
a
in paragraph 3(5), after “NHS trust”, insert “which is not a Care Trust”.
b
after paragraph 3(5), insert the following sub-paragraph —
5A
No business shall be transacted at a meeting of a Care Trust unless one third of the whole number of directors are present including, on or after the operational date of the trust, one executive and two non-executive directors one of which non-executive directors shall be a director mentioned in regulation 4(5).
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
27th November 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2001.
2
These regulations shall come into force:
a
except for regulation 5, on 18th January 2002; and
b
regulation 5, on 9th April 2002.
3
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
4
These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) the following definition is inserted after the definition of “partner” —
“port” includes an airport, ferry port or international train station in Great Britain from which an international journey begins.
.
Amendment of regulation 3 of the principal Regulations
3
1
After sub-paragraph (c) of paragraph (3) of regulation 3 of the principal Regulations (entitlement to full remission and payment) there is inserted —
d
in travelling to a port in Great Britain for the purpose of travelling to a destination outside the United Kingdom in order to receive treatment provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 .
.
Insertion of regulation 3A in the principal Regulations
4
After regulation 3 of the principal Regulations (entitlement to full remission and payment) there is inserted —
Entitlement to payment for travel abroad
3A
1
Where a person receives services provided outside the United Kingdom pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990, that person is entitled, subject to paragraph (2), to payment or repayment of the whole amount of the travelling expenses incurred by him in travelling from a port in Great Britain to a destination outside the United Kingdom in order to receive treatment there (including the travelling expenses of a companion in a case where it is necessary on medical grounds that the person should be accompanied).
2
The entitlement to payment in paragraph (1) is dependent upon the health service body which has made the arrangements agreeing the mode and cost of the travel before costs are incurred.
.
Amendment of regulation 4 of the principal Regulations
5
In each of sub-paragraphs (c) and (g) of paragraph (2) of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) for “£71” there is substituted “£72.20”.
Amendment of regulation 5A of the principal Regulations
6
In regulation 5A of the principal Regulations (payment of travelling expenses) —
a
after “3(1)” there is inserted “, 3A”;
b
after paragraph (a) there is inserted —
aa
in a case falling within regulations 3(3)(d) or 3A, by the health service body which made the arrangements referred to in those provisions.
Amendment of regulation 5B of the principal Regulations
7
In regulation 5B(1) of the principal Regulations (payment to persons resident in the Isles of Scilly) after the words “in pursuance of the Act” there are added the words “or in making a journey between the Isles of Scilly and a port for the purpose mentioned in regulation 3(3)(d)”.
Insertion of regulation 7A in the principal Regulations
8
After regulation 7 of the principal Regulations (claims for remission or payment) there is inserted the following regulation —
Claims for payment or repayment for travel abroad
7A
1
A person who wishes to claim entitlement under regulation 3A for payment or repayment of any travelling expenses shall apply in writing to the health service body which has arranged the services referred to in that regulation within 3 months of the expenses having been incurred or such further period as that body may for good cause allow.
2
Paragraphs (1A), (1B) and (2) of regulation 7 shall apply to claims (whether for payment or repayment) made under this regulation with the modification that references to the “Secretary of State” in paragraphs (1B) and (2) are to be read as references to the health service body which arranged the services referred to in regulation 3A.
.
Amendment of regulation 8
9
After sub-paragraph (ii) of regulation 8(4)(a) of the principal Regulations (repayment) there is inserted —
iii
in a case falling within regulation 3(3)(d) the body which made the arrangements referred to in those provisions.
Amendment of Schedule 1A to the principal Regulations
10
1
In paragraphs 5, 6 and 7 of Schedule 1A to the principal Regulations (periods of validity of notices of entitlement) for the word “student” on each occasion it appears there is substituted “full-time student”.
2
In the Note to Schedule 1A after the definition of “remunerative work” there is added —
“full-time student” has the meaning assigned to it by regulation 61 of the Income Support (General) Regulations 1987
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
19th December 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 4) (Amendment) Order 2001; it extends to England and shall come into force at 7.00 p.m. on 28th March 2001.
Amendment to the Foot-and-Mouth Disease (Amendment) (England) (No. 4) Order 2001
2
For article 3 of the Foot-and-Mouth Disease (Amendment) (England) (No. 4) Order 2001 there shall be substituted the following article:
3
Any restrictions on access to land (including common land, unenclosed or waste land), footpaths or rights of way imposed under Part IV of the Foot-and-Mouth Disease Order 1983 before its amendment by the Foot-and-Mouth Disease (Amendment) (England) (No. 4) Order 2001 shall continue to have effect until revoked in whole or in part by —
a
a declaration of the Minister, published in such manner as he sees fit; or
b
a declaration by the local authority, published in such manner as it shall see fit.
Signed at 3.59 p.m.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
on 28th March 2001


text:
1
This Order may be cited as the A134 Thetford to Tottenhill Trunk Road (A11 Thetford Bypass to A10 Tottenhill) Detrunking Order 2001 and shall come into force on 1st May 2001.
2
In this Order —
i
“the plan” means the plan numbered L306GB/401/A134/1-4, marked The A134 Thetford to Tottenhill Trunk Road (A11 Thetford Bypass to A10 Tottenhill) Detrunking Order 2001 signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Room G44,St Christopher House, Southwark Street, London SE1 0TE;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A134 trunk road.
3
From the date when this Order comes into force the length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W S C Wadrup
A Divisional Director in The Highways Agency
14th February 2001


text:
Citation and commencement
1
This Order may be cited as the Lowestoft Primary Care Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
Amendment of the Primary Care Trust Establishment Order
2
In the Lowestoft Primary Care Trust (Establishment) Order 2000 —
a
in article 4(1), for “6 officer members” there shall be substituted “5 officer members”;
b
in article 4(3)(c), for “3 persons” there shall be substituted “2 persons”.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Haringey Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Haringey 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 Haringey Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Enfield & Haringey 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 Enfield & Haringey 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 Haringey 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.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
5th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bexhill and Rother Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Bexhill and Rother 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 Bexhill and Rother 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, 4 officer members and 4 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance and Corporate Affairs of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
1 person appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East Sussex, Brighton and Hove Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East Sussex, Brighton and Hove 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 Hastings and Rother National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
5th February 2001


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2001, and shall come into force on 1st September 2001.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 shall be amended as follows.
2
In regulation 10(4) and (6), for “£1,400” in each place where it appears there shall be substituted “£1,430”.
3
In paragraph 1 of Schedule 2, for “£10,901” there shall be substituted “£11,116”.
4
For the table following paragraph 2(1) of that Schedule there shall be substituted the following table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils (%) (%) (%)
That part (if any) which exceeds £10,950 but does not exceed £11,907 9 6.75 5.25 That part (if any) which exceeds £11,907 but does not exceed £12,879 12 9 7 That part (if any) which exceeds £12,879 but does not exceed £14,806 15 11.25 8.75 That part (if any) which exceeds £14,806 but does not exceed £17,779 21 15.75 12.25 That part (if any) which exceeds £17,779 but does not exceed £21,653 24 18 14 That part (if any) which exceeds £21,653 33 24.75 19.25
Stephen Timms
Minister of State,
Department for Education and Skills
27th July 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (No. 2) Regulations 2001; they extend to England and come into force on 20th July 2001.
Amendments
2
The date “23rd September 2001” shall be substituted for the date “23rd July 2001” in the following provisions —
a
paragraph 3A(3) of Part VI of Schedule 2 to the Meat Products (Hygiene) Regulations 1994 ;
b
regulation 7(7) and regulation 8(8) of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 ; and
c
paragraph 3 of Part I of Schedule 13 to the Fresh Meat (Hygiene and Inspection) Regulations 1995 .
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
18th July 2001


text:
Citation and commencement
1
This Order may be cited as the Greater London Road Traffic (Various Provisions) Order 2001 and shall come into force on the day after the day on which this Order is made.
Preliminary
2
The Road Traffic Regulation Act 1984 shall be amended in accordance with articles 3 to 6 of this Order.
GLA side roads
3
In section 124A after subsection (11) there shall be inserted —
11A
In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road shall not include a reference to a GLA side road.
Removal and interim disposal of vehicles
4
In section 100(5)(a), for the words from “or the Common Council” to the end, there shall be substituted “, the Common Council of the City of London or Transport for London;”.
Ultimate disposal of vehicles
5
In section 101(8), in the definition of “competent authority” —
a
the word “or” immediately preceding paragraph (b) shall be omitted;
b
in paragraph (b) after “local authority” there shall be inserted “(other than Transport for London)”; and
c
after paragraph (b) there shall be added —
or
c
Transport for London, where the vehicle has been removed by a parking attendant on its behalf;
.
Charges for removal, storage and disposal of vehicles
6
In section 102(8) of the 1984 Act —
a
in the definition of “local authority” after “section 100(5)” there shall be inserted “, except that it does not include Transport for London,”; and
b
in the definition of “London authority”, for the words from “or the Common Council” to the end there shall be substituted “, the Common Council of the City of London or Transport for London.”
Amendment of the Removal and Disposal of Vehicles Regulations 1986
7
In regulation 5A of the Removal and Disposal of Vehicles Regulations 1986 for paragraph (4) there shall be substituted —
4
In this regulation —
“local authority” —
in relation to a vehicle which is on a road in Greater London, shall be construed in accordance with paragraphs (5) and (6) below; and,
in relation to any other vehicle, has the same meaning as in section 100 of the 1984 Act;
“London local authority” means the council of a London borough or the Common Council of the City of London;
“parking meter” has the same meaning as in section 46(2)(a) of that Act.
5
In relation to a vehicle which falls within paragraph (1)(a) above (vehicle parked in contravention of an order designating a parking place on a road in Greater London) —
a
if the parking place is on a GLA road or GLA side road and the parking place was designated by Transport for London, “local authority” means Transport for London;
b
in any other case, “local authority” means the London local authority in whose area the parking place is.
6
In relation to a vehicle which has been permitted to remain at rest, or having broken down has been permitted to remain at rest, on a GLA road or GLA side road in contravention of a statutory prohibition or restriction in circumstances in which an offence would have been committed with respect to the vehicle but for section 76(3) of the Road Traffic Act 1991 (offence provisions not applying within a special parking area) “local authority” means Transport for London.
7
For the purposes of this regulation the area of Transport for London shall be taken to be Greater London.
Amendment of the Road Traffic Act 1991
8
section 82(1) of the Road Traffic Act 1991 for the definition of “London authority” there shall be substituted —
“London authority” means —
as respects parking, or any matter connected with or relating to parking, on a GLA road (except in a designated parking place for which a London borough council or the Common Council of the City of London is the local authority by virtue of section 45(7) of the Road Traffic Regulation Act 1984 ), Transport for London;
as respects parking, or any matter connected with or relating to parking,
in a parking place such as is referred to in paragraph (a) above;
on any road other than a GLA road or a trunk road,
any council of a London borough or the Common Council of the City of London;
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Royal Air Force Terms of Service (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
Amendments to Regulations
2
1
The Royal Air Force Terms of Service Regulations 1985 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5(1) (engagement with right to transfer to the reserve on notice) there shall be omitted the words “: (a) the date he attains the age of 21 years, or (b)” and “whichever is the later,”.
3
Regulation 6 (acquisition of right to be transferred to the reserve on notice) shall be omitted.
4
In regulation 8(1) (right of recruits to determine service) there shall be omitted the words “who at the date of his attestation had not attained the age of 17 years 6 months”.
5
Regulation 9 (which also makes provision with respect to the right of recruits to determine service) shall be omitted.
6
In regulation 11 (exercise of certain rights), for the words “Regulations 5, 6, 7 or 7A” there shall be substituted the words “regulations 5, 7 or 7A”.
7
In regulation 12 (restrictions on the exercise of rights conferred by regulations 5, 6, 7 and 15(2)), for the words “Regulations 5, 6, 7, 7A and 15(2)”, wherever they appear, there shall be substituted the words “regulations 5, 7, 7A and 15(2)”; and in the heading to regulation 12, for the words “Regulations 5, 6, 7 and 15(2)” there shall be substituted the words “Regulations 5, 7, 7A and 15(2)”.
8
In regulation 13 (service in the reserve), for the words “Regulations 5, 6, 7 and 7A” there shall be substituted the words “regulations 5, 7 and 7A”.
9
In Schedule 1 (competent air force authorities) —
a
for the words “Director of Personnel Management (Airmen) and Controller of Reserve Forces ( RAF )”, wherever they appear, there shall be substituted the words “Director of Personnel Management Agency (Ground Trades) (RAF)”; and
b
for the words “Director of Personnel (Officers and Airmen Aircrew) (RAF)”, wherever they appear, there shall be substituted the words “Director of Personnel Management Agency (Officers and Airmen Aircrew) (RAF)”.
10
In Schedule 2 (transitional provisions) —
a
in paragraph 1(a), for the words “Regulations 5, 6 and 7” there shall be substituted the words “regulations 5 and 7”; and
b
paragraphs 2 and 3 shall be omitted.
Savings
3
The Royal Air Force Terms of Service Regulations 1985 shall continue to apply without the amendments made by regulation 2(3) to (8) and (10)(a) in relation to any person who enlisted in the regular air force before 1st April 2001.
On behalf of the Defence Council
Peter Squire
John F. Spellar
Members of the Defence Council
23rd February 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Transport Act 2000 (Commencement No. 3) Order 2001.
2
In this Order “ the Act ” means the Transport Act 2000.
Provisions coming into force on 30th January 2001
2
The provisions of the Act specified in Schedule 1 to this Order shall come into force on 30th January 2001.
Provisions coming into force on 1st February 2001
3
1
The provisions of the Act specified in Part I of Schedule 2 to this Order shall come into force on 1st February 2001, subject to the transitional provision and the saving set out in Part II of that Schedule.
2
The provisions of the Act specified in Part I of Schedule 3 to this Order shall come into force on 1st February 2001 as respects England , subject to the savings set out in Part II of that Schedule.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th January 2001


text:
1
1
This Order may be cited as the Immigration (Leave to Enter) Order 2001 and shall come into force on the day after the day on which it is made.
2
In this Order —
a
“the 1971 Act ” means the Immigration Act 1971; and
b
“claim for asylum” and “the Human Rights Convention” have the meanings assigned by section 167 of the Immigration and Asylum Act 1999.
2
1
Where this article applies to a person, the Secretary of State may give or refuse him leave to enter the United Kingdom.
2
This article applies to a person who seeks leave to enter the United Kingdom and who —
a
has made a claim for asylum; or
b
has made a claim that it would be contrary to the United Kingdom’s obligations under the Human Rights Convention for him to be removed from, or required to leave, the United Kingdom.
3
This article also applies to a person who seeks leave to enter the United Kingdom for a purpose not covered by the immigration rules or otherwise on the grounds that those rules should be departed from in his case.
4
In deciding whether to give or refuse leave under this article the Secretary of State may take into account any additional grounds which a person has for seeking leave to enter the United Kingdom.
5
The power to give or refuse leave to enter the United Kingdom under this article shall be exercised by notice in writing to the person affected or in such manner as is permitted by the Immigration (Leave to Enter and Remain) Order 2000 .
3
In relation to the giving or refusing of leave to enter by the Secretary of State under article 2, paragraphs 2 (examination by immigration officers, and medical examination) , 4 (information and documents) , 7(1), (3) and (4) (power to require medical examination after entry) , 8 (removal of persons refused leave to enter) , 9 (removal of illegal entrants) and 21 (temporary admission of persons liable to detention) of Schedule 2 to the 1971 Act shall be read as if references to an immigration officer included references to the Secretary of State.
4
1
This article applies where —
a
an immigration officer has commenced examination of a person (“the applicant”) under paragraph 2(1)(c) of Schedule 2 to the 1971 Act (examination to determine whether or not leave to enter should be given);
b
that examination has been adjourned, or the applicant has been required (under paragraph 2(3) of Schedule 2 to the Immigration Act 1971) to submit to a further examination;
c
the Secretary of State subsequently examines the applicant or conducts a further examination in relation to him; and
d
the Secretary of State thereafter gives or refuses the applicant leave to enter.
2
Where this article applies, the notice giving or refusing leave to enter shall be regarded for the purposes of the 1971 Act as having been given within the period of 24 hours specified in paragraph 6(1) of Schedule 2 to that Act (period within which notice giving or refusing leave to enter must be given after completion of examination by an immigration officer).
Jeff Rooker
Minister of State
Home Office
17th July 2001


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reciprocal Agreements) Order 2001 and shall come into force on 9th April 2001.
Modification or adaptation of Acts
2
The Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 shall be modified or adapted to such extent as may be required to give effect to the alterations set out in Schedule 1 to this Order which are proposed to the agreements set out in the Orders in Council specified in Schedule 2 to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Medicines (Veterinary Drugs) (Prescription Only) Order 2001 and shall come into force on 27th May 2001.
Interpretation
2
In this Order, unless the context requires otherwise —
“ the Act ” means the Medicines Act 1968;
“controlled drug” has the meaning given by section 2 of the Misuse of Drugs Act 1971 ;
“marketing authorisation” has the meaning given by regulation 2(4) of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 ;
“the Misuse of Drugs Regulations ” means in relation to England, Wales and Scotland, the Misuse of Drugs Regulations 1985 and, in relation to Northern Ireland, the Misuse of Drugs (Northern Ireland) Regulations 1986 ;
“parenteral administration” means administration to an animal by breach of the skin or mucous membrane;
“prescription only medicine” means a medicinal product of a description or falling within a class specified in article 4 of this Order;
“repeatable prescription” means a prescription which contains a direction that it may be dispensed more than once;
“selling” means selling by retail within section 131 of the Act and “sale” has a corresponding meaning;
“supply” means supply in circumstances corresponding to retail sale within section 131 of the Act;
“the Merchants Exemption Order ” means the Medicines (Exemptions for Merchants in Veterinary Drugs) Order 1998 ;
and references to a numbered article or Schedule are references to the article or Schedule so numbered in this Order.
Appropriate practitioners
3
For the purposes of section 58 of the Act (medicinal products on prescription only), veterinary surgeons and veterinary practitioners shall be appropriate practitioners in relation to the medicinal products specified in article 4.
Medicinal products on prescription only
4
The following descriptions or classes of medicinal products are specified for the purposes of section 58 of the Act —
a
veterinary drugs specified in Schedule 1;
b
veterinary drugs which contain controlled drugs;
c
veterinary drugs for parenteral administration which do not fall within paragraph (a) or (b) above;
d
veterinary drugs —
i
which do not fall within paragraph (a), (b) or (c) above; and
ii
in respect of which there is a marketing authorisation granted or varied after 30th March 2001 in accordance with an application containing a provision to the effect that the method of sale or supply of the veterinary drug in question is to be only in accordance with a prescription given by an appropriate practitioner; and
e
veterinary drugs granted a marketing authorisation, in accordance with the provisions of Council Regulation ( EEC ) No. 2309/93 (laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ), after the coming into force of this Order.
Exemptions for certain persons
5
1
The prohibition imposed by section 58(2)(a) of the Act (sale or supply) shall not apply to —
a
the sale or supply by a person within a paragraph of column 1 of Part I of Schedule 2 of a medicinal product within the corresponding paragraph of column 2 in accordance with any conditions specified in the corresponding paragraph of column 3, or
b
supply in accordance with a licence granted under regulation 5 of the Misuse of Drugs Regulations.
2
The prohibition imposed by section 58(2)(b) of the Act (administration) shall not apply to the administration by a person within a paragraph of column 1 of Part II of Schedule 2 of a medicinal product within the corresponding paragraph of column 2 in accordance with any conditions specified in the corresponding paragraph of column 3.
Prescriptions
6
1
For the purposes of section 58(2)(a) of the Act a prescription only medicine shall not be taken to be sold or supplied in accordance with a prescription given by an appropriate practitioner unless the conditions specified in paragraphs (2) to (5) below are fulfilled.
2
The veterinary surgeon or veterinary practitioner giving the prescription shall —
a
sign in ink with his own name;
b
without prejudice to sub-paragraph (a) above, write the prescription in ink or otherwise so as to be indelible;
c
include in the prescription —
i
his address,
ii
the date;
iii
such particulars as indicate whether he is a veterinary surgeon or veterinary practitioner,
iv
the name and address of the person to whom the prescription only medicine is to be delivered, and
v
his declaration that the prescription only medicine is prescribed for an animal or herd under his care.
3
The prescription shall not be dispensed after the end of the period of six months from the date of signature, unless it is a repeatable prescription in which case it shall not be dispensed for the first time after the end of that period.
4
If the prescription is a repeatable prescription containing a direction, the prescription shall be dispensed only in accordance with that direction.
5
If the prescription is a repeatable prescription which does not specify the number of times it may be dispensed, the prescription shall not be dispensed on more than two occasions.
Due diligence exemptions
7
The prohibition imposed by section 58(2)(a) of the Act (sale and supply) shall not apply to a sale or supply of a prescription only medicine where the person selling or supplying the prescription only medicine —
a
in a way which is not in accordance with a prescription given by an appropriate practitioner by reason only that a condition specified in article 6(2) to (5) is not fulfilled, believes on reasonable grounds, having exercised all due diligence, that the condition is fulfilled in relation to that sale or supply;
b
believes on reasonable grounds, having exercised all due diligence, that the product sold or supplied is not a prescription only medicine; or
c
in accordance with a forged prescription, believes on reasonable grounds, having exercised all due diligence, that the prescription is genuine.
Revocation
8
The Medicines (Veterinary Drugs) (Prescription Only) Order 1991 and the Medicines (Veterinary Drugs) (Prescription Only) (Amendment) Order 1991 are revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
25th April 2001
Signed by authority of the Secretary of State for Health
Hunt
Minister of State,
Department of Health
25th April 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
30th April 2001
Brid Rodgers
Minister of Agriculture and Rural Development
26th April 2001


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Immigration and Asylum Appeals (Procedure) (Amendment) Rules 2001 and shall come into force on 7th January 2002.
2
In these Rules a reference to a rule by number alone means the rule so numbered in the Immigration and Asylum Appeals (Procedure) Rules 2000 .
Amendments to the Immigration and Asylum Appeals (Procedure) Rules 2000
2
In rule 2(1) after the definition of “family visitor appeal” insert —
“immigration decision” means any decision concerning a person’s removal from, or entitlement to enter or remain in, the United Kingdom, in respect of which there is a right of appeal to an adjudicator;
.
3
Omit rule 7(2).
4
For rule 15 substitute —
15
1
Except where paragraph (2) applies, written notice of the adjudicator’s determination shall be sent to the parties and the appellant’s representative (if he has one).
2
Where a determination is, in whole or in part, in relation to a claim for asylum and
a
the claim has been certified by the Secretary of State under paragraph 9(1) of Schedule 4 to the 1999 Act,
b
the adjudicator has agreed under paragraph 9(2) of Schedule 4 to the 1999 Act, that it is a claim to which paragraph 9 of that Schedule applies, and
c
the adjudicator has dismissed the appeal,
written notice of the adjudicator’s determination shall be sent to the Secretary of State who shall arrange for it to be sent to, or served personally on, the other parties and the appellant’s representative (if he has one).
3
Where paragraph (2) applies, the Secretary of State shall notify the adjudicator whether the written notice was sent to, or personally served on, the appellant and the date on which this was done.
.
5
In rule 16 —
a
in paragraph (2)(a) for “party” substitute “appellant”;
b
in paragraph (3) after “sent to the parties” insert “in accordance with rule 15(1) or to the Secretary of State in accordance with rule 15(2)”;
c
for paragraph (5) substitute —
5
Where the Chief Adjudicator confirms the determination, written notice shall be sent —
a
in the case of a determination to which rule 15(1) applies, to the parties and the appellant’s representative (if he has one), or
b
in the case of a determination to which rule 15(2) applies, to the Secretary of State who shall arrange for it to be sent to, or served personally on, the other parties and the appellant’s representative (if he has one).
; and
d
in paragraph (6) after “written notice shall” insert “, notwithstanding rule 15,”.
6
In rule 18 —
a
in paragraph (9) —
i
after “decided” insert “then, except where paragraph (9A) applies”; and
ii
after “parties” insert “and the appellant’s representative (if he has one)”;
b
after paragraph (9) insert —
9A
Where an application for leave to appeal relates, in whole or in part, to a claim for asylum and
a
the appellant is not the Secretary of State, and
b
the Tribunal has refused the application,
written notice of the Tribunal’s decision on the application shall be sent to the Secretary of State who shall arrange for it to be sent to, or served personally on, the other parties and the appellant’s representative (if he has one).
9B
Where paragraph (9A) applies, the Secretary of State shall notify the Tribunal whether the written notice was sent to, or personally served on, the appellant and the date on which this was done.
; and
c
in paragraph (10) after “(9)” insert “and (9A)”.
7
In rule 19 —
a
in paragraph (3) for “to the appellant the notice of the decision” substitute “notice of its decision to the appellant in accordance with rule 18(9) or to the Secretary of State in accordance with rule 18(9A)”; and
b
for paragraph (6) substitute —
6
Written notice of the Tribunal’s decision, which shall contain, in summary form, the reasons for the decision, shall be sent —
a
in the case of a decision to which rule 18(9) applies, to the parties and the appellant’s representative (if he has one), or
b
in the case of a decision to which rule 18(9A) applies, to the Secretary of State who shall arrange for it to be sent to, or served personally on, the other parties and the appellant’s representative (if he has one).
.
8
In rule 22(4) for “rule 38” substitute “paragraph 6 of Schedule 4 to the 1999 Act”.
9
In rule 33(1) for the words from “and the appellate authority” to the end of that paragraph substitute —
the appellate authority shall dispose of the appeal in accordance with paragraph (2) if, after considering all the circumstances, including the extent of the failure and any reasons for it, it is desirable to do so to give effect to the overriding objective in rule 30(2).
.
Irvine of Lairg, C.
15th December 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) (No. 2) Order and comes into force on 1st December 2001.
Amendment to the Terrorism (United Nations Measures) Order 2001 ( S.I. 2001/3365 )
2
1
Article 2 of the Terrorism (United Nations Measures) Order 2001 (interpretation) is amended as follows.
2
The existing text is numbered paragraph (1).
3
In paragraph (1), for the definition of “relevant institution” substitute —
“relevant institution” means —
a person who has permission under Part IV of the Financial Services and Markets Act 2000 to accept deposits;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits; or
an institution, not falling within paragraph (a), which continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987,
but does not include a person of the kind mentioned in paragraph (a) who has permission to accept deposits for the purpose of effecting or carrying out contracts of insurance;
.
4
After paragraph (1) insert —
2
The definition of “relevant institution” in paragraph (1) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
Amendment to the Terrorism (United Nations Measures) (Overseas Territories) Order 2001 (S.I. 2001/3366 )
3
1
Article 2 of the Terrorism (United Nations Measures) (Overseas Territories) Order 2001 (interpretation) is amended as follows.
2
The existing text is numbered paragraph (1).
3
In paragraph (1), in the definition of “relevant institution” —
a
for paragraph (b) substitute —
b
a person who may lawfully accept deposits in or from within the Territory by way of business;
;
b
omit paragraph (c).
4
After paragraph (1) insert —
2
For the purposes of the definition of “relevant institution” in paragraph (1) —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000; and
b
a person is not regarded as accepting deposits by way of business if —
i
he does not hold himself out as accepting deposits on a day to day basis, and
ii
any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Commissioners (Procedure) (Amendment) Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Social Security Commissioners (Procedure) Regulations 1999 .
Amendments to the Social Security Commissioners (Procedure) Regulations 1999
2
In regulation 3(2)(d) for the words “the Act”, in both places that they occur, there shall be substituted the words “the 1998 Act”.
3
In regulation 4 —
a
at the beginning insert “(1)”;
b
in the definition of “the Act” for the words “the Act” there shall be substituted the words “the 1998 Act”;
c
after that definition there shall be inserted the following definition —
“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000;
;
d
in the definition of “appeal tribunal” for the words “the Act” there shall be substituted the words “the 1998 Act”;
e
in the definition of “authorised officer” for the words “the Act” there shall be substituted the words “the 1998 Act”;
f
in the definition of “the chairman”, in paragraph (ii), for the words “section 14 of the Act” there shall be substituted the words “section 14 of the 1998 Act or paragraph 8 of Schedule 7 to the 2000 Act”;
g
in the definition of “Commissioner” for the words “the Act” there shall be substituted the words “the 1998 Act”;
h
after the definition of “party” there shall be inserted the following definition —
“person affected” means, subject to paragraph (2), a person who is a person affected under regulation 3 of the Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001 provided that he is an appellant against the appeal tribunal’s decision or was a party to the appeal tribunal proceedings;
;
i
after the definition of “proceedings” there shall be inserted the following definition —
“relevant authority” has the same meaning as in paragraph 1(1) of Schedule 7 to the 2000 Act;
;
j
for the definition of “respondent” there shall be substituted the following definition —
“respondent” means —
any person or organisation other than the applicant, appellant or person making the reference who is one of the principal parties as defined in section 13 of the 1998 Act,
any other person taking part in the proceedings in accordance with section 14 of the 1998 Act or as a person affected or as a relevant authority or at the direction or with the leave of the Commissioner,
the Secretary of State in any case where he is not otherwise a respondent and has given notice to the Commissioner of his wish to be joined as a party to the proceedings.
; and
k
after the definition of “tax credit” there shall be inserted the following —
2
For the purpose of paragraph 8(2)(c) of Schedule 7 to the 2000 Act “person affected” shall be construed in accordance with regulation 3 of the Housing Benefit and Council Tax Benefit (Decision and Appeals) Regulations 2001 and for the purpose of paragraph 8(3) of Schedule 7 to the 2000 Act “person affected” shall have the meaning given in paragragh (1).
.
4
In regulation 10(3) for the words “by the Secretary of State or the Board, he or they” there shall be substituted the words “by the Secretary of State, the Board or a relevant authority, the applicant”.
5
In regulation 14 —
a
in paragraph (1) for the words “the Act” there shall be substituted the words “the 1998 Act”;
b
the following shall be substituted for paragraph (2) —
2
Where a forfeiture rule question arises,
a
the Board, in cases concerning tax credits,
b
the relevant authority, in cases concerning housing benefit or council tax benefit, or
c
the Secretary of State, in any other case,
shall refer it to a Commissioner to determine, and shall notify the person in relation to whom the question arises that such a reference has been made.
; and
c
in sub-paragraph (3)(c) for the words “the Secretary of State or the Board” there shall be substituted the words “the Secretary of State, the Board or the relevant authority”.
6
In regulation 15 —
a
in paragraph (1) —
i
for the words “Section 16(7) of the Act” there shall be substituted the words “Section 16(7) of the 1998 Act and paragraph 10(5) of Schedule 7 to the 2000 Act”; and
ii
for the words “in relation to an appeal under the Act” there shall be substituted the words “in relation to an appeal under either of those Acts”; and
b
in paragraph (2) for the words “Sections 9 and 10 of the Act” there shall be substituted the words “Sections 9 and 10 of the 1998 Act and paragraphs 3 and 4 of Schedule 7 to the 2000 Act”.
7
In regulation 18 after paragraph (3) there shall be inserted the following paragraph (4) —
4
Where there is more than one respondent, the order of and time for written observations shall be as directed by a Commissioner under regulation 20.
.
8
In regulation 19(3) the words “from the respondent” shall be deleted, and for the words “section 14(7) of the Act” there shall be substituted the words “section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act”.
9
In regulation 21 for the words “the Act” there shall be substituted the words “the 1998 Act”.
10
In regulation 24(6) —
a
in sub-paragraph (d) for the words “the Act” there shall be substituted the words “the 1998 Act”;
b
in sub-paragraph (f) for the words “section 71 or 74” there shall be substituted the words “section 71, 74, 75 or 76” and at the end of the sub-paragraph the word “and” shall be omitted;
c
after sub-paragraph (f) there shall be inserted —
ff
in cases concerning housing benefit or council tax benefit, the relevant authority and any person affected; and
.
11
In regulation 28(2) for the words “section 14(7) of the Act” there shall be substituted the words “section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act”.
12
In regulation 29 for the words “the Secretary of State or the Board” there shall be substituted the words “the Secretary of State, the Board or the relevant authority”.
13
In regulation 32(1) for the words “section 14(7) of the Act” there shall be substituted the words “section 14(7) of the 1998 Act or paragraph 8(3) of Schedule 7 to the 2000 Act”.
14
In regulation 33 —
a
in paragraph (1) for the words “section 15 of the Act” there shall be substituted the words “section 15 of the 1998 Act or paragraph 9 of Schedule 7 to the 2000 Act”;
b
in paragraph (3) —
i
after the words “Social Security (Claims and Payments) Regulations 1987” there shall be inserted the words “, regulation 71(2) to (6) of the Housing Benefit (General) Regulations 1987 and regulation 61(2) to (6) of the Council Tax Benefit (General) Regulations 1992 ”;
ii
for the words “section 15 of the Act” there shall be substituted the words “section 15 of the 1998 Act and paragraph 9 of Schedule 7 to the 2000 Act”; and
iii
for the words “as it applies” there shall be substituted “as they apply”; and
c
the following shall be substituted for paragraph (4) —
4
A person in respect of whom a forfeiture rule question arises and
a
the Board, in cases concerning tax credits,
b
the relevant authority, in cases concerning housing benefit or council tax benefit, or
c
the Secretary of State, in any other case,
shall be authorised to apply for leave to appeal from a Commissioner’s decision on a forfeiture rule question.
.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
20th March 2001


text:
Citation, commencement and effect
1
This Order may be cited as the Investment Trusts (Approval of Accounting Methods for Creditor Relationships) Order 2001 and shall come into force on 7th March 2001, but shall have effect in relation to accounting periods of investment trusts ending after 31st March 1996.
Interpretation
2
1
In this Order —
“Chapter II ” means Chapter II of Part IV of the Finance Act 1996;
“creditor relationship” has the same meaning as in section 103(1);
“investment trust” has the meaning given by section 842 of the Taxes Act ;
“statutory accounts” shall be construed in accordance with section 86(8);
“the Taxes Act” means the Income and Corporation Taxes Act 1988.
2
References in this Order to a section, or a Schedule, without more, are references to that section of, or that Schedule to, the Finance Act 1996.
Approval of the use of accounting methods
3
The accounting methods that are approved for use for the creditor relationships of investment trusts for the purposes of paragraph 1 of Schedule 10 are —
a
the method (“the main method”) contained in a Statement of Recommended Practice issued by the Association of Investment Trust Companies bearing the date December 1995 (“the Statement”) , as modified by article 4 of this Order;
b
the method contained in the Statement as varied by a Guidance Note issued by that Association on 8th January 1997 (“the simple method”) , and as modified by article 4.
Modifications of the main method and the simple method
4
1
The main method and the simple method shall be modified as follows.
2
For paragraph R604 in the Statement there shall be substituted the following paragraph —
R604 An ITC shall be under an obligation —
to make proper provision for allocating payments under a creditor relationship to accounting periods (and that expression has the same meaning as in sub-section (3) of section 85 of the Finance Act 1996, on the assumption that the words “loan relationship” in that sub-section were replaced with the words “creditor relationship”), and
not to make any provision (other than provision comprised in authorised arrangements for bad debt, within the meaning in section 85(5)(a) of the Finance Act 1996) that gives debits by reference to the valuation at different times of any asset representing a creditor relationship (within the meaning in section 103(1) of the Finance Act 1996).
3
Paragraph R606 in the Statement shall be omitted.
4
In this Order, “the modified main method” and “the modified simple method” mean the main method, and the simple method, as so modified, respectively.
Purposes for which accounting methods are approved
5
1
This article has effect for the purpose of determining which of the accounting methods approved under article 3 is to be used as respects the creditor relationships of an investment trust.
2
The same method shall be used as respects all creditor relationships of an investment trust for any single accounting period.
3
The modified main method shall be used for any accounting period where —
a
the investment trust uses the main method or the modified main method for the purposes of its statutory accounts for that accounting period;
b
the investment trust has in an earlier accounting period (not being an accounting period described in paragraph (4)) used the modified main method as an authorised accounting method for the purposes of Chapter II; or
c
the investment trust has, at any time during the accounting period referred to in the words preceding sub-paragraph (a), held —
i
a relevant discounted security within the meaning of Schedule 13; or
ii
a security to which section 717 of the Taxes Act applies.
4
The accounting period described in this paragraph is one —
a
which ended before the coming into force of this Order; and
b
during which the investment trust did not at any time hold any of the securities referred to in paragraph (3)(c)(i) or (ii).
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
14th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2001 and shall come into force on 31st December 2001.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2002.
Rules for calculation of contributions
3
In Schedule 1 —
a
in paragraph 1(4), for “2001” there is substituted “2002”;
b
in paragraph 4(4), for “2001 is £83,597,000” there is substituted “2002 is £83,606,000”;
c
for Part II there is substituted —
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Broxbourne, Dartford, Elmbridge, Epping Forest, Epsom and Ewell, Hertsmere, Reigate and Banstead, Slough, South Bucks, Spelthorne, Three Rivers, Watford 1.1550 The councils of the districts of Basildon, Bracknell Forest, Brentwood, Chiltern, Crawley, Dacorum, East Hertfordshire, Guildford, Harlow, Mole Valley, Runnymede, St Albans, Sevenoaks, Surrey Heath, Tanbridge, Thurrock, Waverley, Welwyn Hatfield, Windsor and Maidenhead, Woking 1.1213 The council of a district, other than a district named above, which falls within the county of Bedfordshire, Berkshire, Buckinghamshire, East Sussex, Essex, Hampshire, Hertfordshire, Kent, Oxfordshire or West Sussex 1.0561 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2265 The council of an outer London borough 1.1170 The Common Council of the City of London 1.5391 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0561
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 2002, in Schedule 2 —
a
for paragraph 2(12) there is substituted the following —
12
It shall be assumed that the amount calculated for the authority in accordance with the assumptions prescribed in sub-paragraphs (1) to (11) above is the total of the amount so calculated multiplied by 0.968.
;
b
for the table in paragraph 8(1) there is substituted the following —
Name or description of authority Percentage
The council of a metropolitan district 1.0 The council of a non-metropolitan district which has the functions of a county council 0.8 The council of a non-metropolitan district which does not have the functions of a county council 0.6 The council of an inner London borough, and the Common Council of the City of London 1.1 The council of an outer London Borough 1.8 The council of the Isles of Scilly and the Isle of Wight Council 0.8
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Nick Raynsford
Minister of State for Transport, Local Government and the Regions
10th December 2001


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 3) Regulations 2002 and come into force on 28th November 2002 in relation to grants or assignments made on or after that date.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
At the beginning of regulation 84(2) insert “Subject to paragraphs (3) to (9) below,”.
4
After regulation 84(2) insert —
3
Paragraph (2) above shall not apply in relation to land —
a
which includes a new building or new civil engineering work;
b
which includes a building which has not been completed or a civil engineering work which has not been completed; or
c
on which the grantor intends or expects to construct a new building or new civil engineering work,
unless the conditions specified in paragraph (4) below are satisfied.
4
The conditions referred to in paragraph (3) above are —
a
in relation to the land, the grantor has made an election under paragraph 2 of Schedule 10 to the Act (election to waive exemption) which has effect at the time the grant or assignment is made; and
b
sub-paragraph (3AA) of paragraph 2 of Schedule 10 to the Act does not prevent that election applying to supplies made under the grant or assignment.
5
In the application of sub-paragraph (4)(b) above —
a
the land, building or civil engineering work (as the case may be) shall be treated as if it were a capital item subject to adjustments of input tax deduction under Part XV of these Regulations; and
b
the grantor shall be treated as if he were the owner of that capital item.
6
Notes (2) and (4) to Group 1 of Schedule 9 to the Act shall apply in determining whether a building or civil engineering work is completed or new.
7
For the purposes of paragraphs (3) to (6) above, a building does not include a building designed as a dwelling or number of dwellings, or intended for use solely for a relevant residential purpose or a relevant charitable purpose.
8
Notes (4) to (6) to Group 5 of Schedule 8 to the Act shall apply in determining the meaning of use for a relevant residential purpose and use for a relevant charitable purpose.
9
For the purposes of paragraphs (3) to (5) above, “grantor” includes anyone whom the grantor expects to acquire the right to receive all or part of the consideration which is not determinable at the time of the grant or assignment.
.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
25th November 2002


text:
Citation and commencement
1
These Regulations may be cited as the Pressure Equipment (Amendment) Regulations 2002 and shall come into force on 30th May 2002.
Amendment to the Pressure Equipment Regulations 1999
2
1
In regulation 2 of the Pressure Equipment Regulations 1999 , after regulation 2(3) there shall be inserted the following paragraph —
4
For the purposes of these Regulations, an item of pressure equipment or an assembly which is made available for the first time in the Community whether for reward or free of charge shall not be regarded as having been placed on the market where: —
a
it has been manufactured within the Community or imported from a country or territory outside the Community; and
b
prior to its being made so available it has been used otherwise than in the course of business at all times since its manufacture or import.
2
For regulation 26(1) there shall be substituted the following —
1
A person guilty of an offence under regulation 25(a) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
.
3
In Schedule 8, sub-paragraph 2(d), for the reference to sub-paragraph “(b)” there shall be substituted a reference to sub-paragraph “(c)”.
Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry
6th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford District Care Trust (Establishment) and Bradford Community Health National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Bradford District Care Trust established by article 2 of this Order.
Establishment and name of trust
2
1
There is established an NHS trust which shall be called the Bradford District Care Trust.
2
The trust shall be designated as a Care Trust .
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Leeds Road Hospital, Maudsley Street, Bradford, BD3 9LH and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 6 executive directors and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
The Bradford Community Health National Health Service Trust established by the Bradford Community Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Child Care Charges) Regulations 2002 and shall come into force on 1st April 2002.
Relevant child care charges
2
In regulation 21A (2ZC) of the Housing Benefit (General) Regulations 1987 and regulation 13A (2ZC) of the Council Tax Benefit (General) Regulations 1992 , after sub-paragraph (e), insert —
or
f
by persons registered under Part XA of the Children Act 1989 ; or
g
in schools or establishments which are exempted from registration under Part XA of the Children Act 1989 by virtue of paragraph 1 or 2 of Schedule 9A to that Act; or
h
by —
i
persons registered under section 7(1) of the Regulation of Care (Scotland) Act 2001 , or
ii
local authorities registered under section 33(1) of that Act,
iii
where the care provided is childminding or daycare of children within the meaning of that Act.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 5) Order 2002.
2
In this Order, “the 2001 Act ” means the Criminal Justice and Police Act 2001.
Commencement on 1st April 2002
2
The following provisions of the 2001 Act shall come into force on 1st April 2002 —
a
Part 4 (Police Training) in so far as not already in force;
b
section 137 (repeals) in so far as it relates to Schedule 7, Part 3;
c
Schedule 3 (the Central Police Training and Development Authority);
d
Schedule 4 (Consequential amendments relating to police training); and
e
Schedule 7, Part 3 (Police training).
Commencement on 2nd April 2002
3
Section 45 of the 2001 Act (addresses of directors and secretaries of companies) in so far as not already in force shall come into force on 2nd April 2002.
John Denham
Minister of State
Home Office
7th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Administrative Arrangements) Regulations 2002 and shall come into force on 1st January 2003.
Interpretation
2
In these Regulations —
“ the Board ” means the Commissioners of Inland Revenue;
“the principal Regulations ” means the Tax Credits (Claims and Notifications) Regulations 2002 ;
“relevant authority” means —
the Secretary of State;
the Department for Social Development in Northern Ireland; or
a person providing services to the Secretary of State or that Department.
Provision of information or evidence to relevant authorities
3
1
Information or evidence relating to tax credits which is held —
a
by the Board; or
b
by a person providing services to the Board, in connection with the provision of those services,
may be provided to a relevant authority for the purposes of, or for any purposes connected with, the exercise of that relevant authority’s functions under the principal Regulations.
2
Information or evidence relating to tax credits may be provided to a relevant authority by persons other than the Board (whether or not persons by whom claims or notifications relating to tax credits are or have been made or given).
Giving of information or advice by relevant authorities
4
A relevant authority to which a claim or notification is or has been made or given by a person in accordance with the principal Regulations may give information or advice relating to tax credits to that person.
Recording, verification and holding, and forwarding, of claims etc. received by relevant authorities
5
1
A relevant authority may record and hold claims and notifications received by virtue of the principal Regulations and information or evidence received by virtue of regulation 3(2).
2
Subject to paragraphs (3) and (4), a relevant authority must forward to the Board or a person providing services to the Board such a claim or notification, or such information or evidence, as soon as reasonably practicable after being satisfied that it is complete.
3
Before forwarding a claim in accordance with paragraph (2), a relevant authority must verify —
a
that any national insurance number provided in respect of the person by whom the claim is made exists and has been allocated to that person;
b
that the matters verified in accordance with sub-paragraph (a) accord with —
i
its own records; or
ii
in the case of a person providing services to the Secretary of State or the Department for Social Development in Northern Ireland, records held by the Secretary of State or that Department; and
c
whether the details of any relevant claim for benefit that have been provided are consistent with those held by it.
4
If a relevant authority cannot locate any national insurance number in respect of a person by whom such a claim is made, it must forward to the Board or a person providing services to the Board the claim (notwithstanding that it is not complete).
5
“National insurance number” means the national insurance number allocated within the meaning of —
a
regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 ; or
b
regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 .
6
“Claim for benefit” means a claim for —
a
a benefit in relation to which —
i
the Secretary of State has functions under the Social Security Contributions and Benefits Act 1992 ; or
ii
the Department for Social Development in Northern Ireland has functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; or
b
a jobseeker’s allowance under —
i
the Jobseekers Act 1995 ; or
ii
the Jobseekers (Northern Ireland) Order 1995 .
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
9th December 2002


text:
Citation and commencement
1
1
This Order may be cited as the Overseas Territories (Zimbabwe) (Restrictive Measures) (Amendment) Order 2002 and shall come into force on 24th October 2002.
2
In this Order “ the Order ” means the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 .
Amendment
2
In Schedule 4 to the Order the words “Home Affairs Minister” shall be replaced by “Special Affairs in the President’s Office (former Home Affairs Minister)”.
3
In Schedule 4 to the Order the following shall be added:
21. MUZENDA Simon Vengesai Vice President, born 28.10.1922 22. MSIKA Joseph Vice President, born 6.12.1923 23. MAKONI Simbarashe Minister of Finance, born 22.3.1950 24. MURERWA Herbert Minister for Finance and Economic Development (former Minister for Industry and International Trade), born 31.7.1941 25. MUJURU Joyce Minister for Rural Resources and Water, born 15.4.1955 26. MOYO July Public Service, Labour and Social Welfare Minister, born 7.5.1950 27. CHIGWEDERE Aeneas Education, Sports and Culture Minister, born 25.11.1939 28. STAMPS Timothy Health and Child Welfare Minister, born 15.10.1936 29. MOBESHORA Swithun Transport and Communications Minister, born 20.8.1945 30. CHINDORI-CHININGA Edward Mines and Energy Minister, born 14.3.1955 31. NHEMA Francis Environment and Tourism Minister, born 17.4.1959 32. MUMBENGEGWI Samuel Higher Education and Technology Minister, born 23.10.1942 33. NYONI Sithembiso Minister of Small and Medium Enterprises Development (former Minister of State, Informal Sector), born 20.9.1949 34. MUCHENA Olivia Minister of State for Information and Publicity (former Minister of State in Vice-President Msika’s Office), born 18.8.1946 35. BUKA Flora Minister of State for Land Reform Programme (former Minister of State in Vice President Muzenda’s Office), born 25.2.1968 36. DABENGWA Dumiso Senior Committee Member, born 1939 37. MUJURU Solomon Senior Committee Member, born 1949 38. NKOMO Stephen Senior Committee Member, born 1925 39. MUGABE Sabina Politburo Senior Committee Member, born 14.10.1934 40. MUZENDA Tsitsi Politburo Senior Committee Member, born 28.10.1922 41. KARIMANZIRA David Secretary for Finance, born 25.5.1947 42. MUTASA Didymus Secretary for External Relations, born 27.7.1935 43. SHAMUYARIRA Nathan Secretary for Information and Publicity, born 29.9.1928 44. TUNGAMIRAI Josiah Secretary for Employment and Indigenisation, born 8.10.1948 45. NDLOVU Naison Secretary for Production and Labour, born 22.10.1930 46. HOVE Richard Secretary for Economic Affairs, born 1935 47. MUCHINGURI Oppah Secretary for Gender and Culture, born 14.12.1958 48. MASUKU Angeline Politburo Secretary, Secretary for Disabled and Disadvantaged Persons' Welfare, born 14.10.1936 49. SIKHOSANA Absolom Politburo Secretary, Secretary for Youth Affairs 50. LESABE Thenjiwe Secretary for Women’s Affairs, born 1933 51. CHIKOWORE Enos Secretary for Land and Resettlement, born 1936 52. KURUNERI Christopher Deputy Minister, Finance and Economic Development, born 4.4.1949 53. NCUBE Abedinico Deputy Minister, Foreign Affairs, born 13.10.1954 54. MOHADI Kembo Minister for Home Affairs (former Deputy Minister of Local Government, Public Works and National Housing), born 15.11.1949 55. SHUMBA Isaiah Deputy Minister, Education, Sports and Culture, born 3.1.1949 56. PARIRENYATWA David Minister, Health and Child Welfare (former Deputy Minister), born 2.8.1950 57. MANGWANA Paul Minister of State for Enterprises and Parastatals (former Deputy Minister, Justice, Legal and Parliamentary Affairs), born 10.8.1961 58. MUSHOHWE Christopher Deputy Minister, Transport and Communications, born 6.2.1954 59. MAHOFA Shuvai Deputy Minister for Youth Development, Gender and Employment Creation, born 4.4.1941 60. GUMBO Rugare Deputy Minister, Home Affairs, born 8.3.1940 61. MANGWENDE Witness Minister for Transport and Communications (former Deputy-Secretary for Administration), born 15.10.1946 62. TAWENGWA Solomon Politburo Deputy-Secretary, Deputy-Secretary for Finance, born 15.6.1940 63. NDLOVU Sikhanyiso Deputy-Secretary for Commissariat, born 20.9.1949 64. MPOFU Obert Deputy-Secretary for National Security, born 12.10.1951 65. MOYO Simon Khaya Deputy-Secretary for Legal Affairs, born 1945 66. MALINGA Joshua Politburo Deputy-Secretary, Deputy-Secretary for Disabled and Disadvantaged, born 28.4.1944 67. MADZONGWE Edna Deputy-Secretary for Production and Labour, born 11.7.1943 68. SAKUPWANYA Stanley Deputy-Secretary for Health and Child Welfare 69. POTE S M Deputy-Secretary for Gender and Culture 70. KASUKUWERE Saviour Deputy-Secretary for Youth Affairs, born 23.10.1970 71. MATHUTHU T Deputy-Secretary for Transport and Social Welfare 72. MUGABE Grace Spouse of Robert Mugabe, born 23.7.1965 73. CHARUMBIRA Fortune Deputy Minister for Local Government, Public Works and National Housing, born 10.6.1962 74. MACHAYA Jaison Deputy Minister for Mines and Mining Development, born 13.6.1952 75. MANYONDA Kenneth Deputy Minister for Industry and International Trade, born 10.8.1934 76. MARUMAHOKO Reuben Deputy Minister for Energy and Power Development, born 4.4.1948 77. MIDZI Amos Bernard Muvenga Minister for Energy and Power Development, born 4.7.1952 78. MUTIWEKUZIVA Kenneth Deputy Minister, Small and Medium Enterprises Development, born 27.5.1948 79. RUSERE Tinos Deputy Minister for Rural Resources and Water Development, born 10.5.1945
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Peninsula Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the South West Peninsula Health Authority ;
“the new Trust” means the Cornwall Partnership National Health Service Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 26th June 2002 and on behalf of the new Trust on 25th June 2002.
Transfer of trust property
2
1
On 30th September 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002