type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Dissolution of the Board of Banking Supervision) (Transitional Provisions) Order 2001 and comes into force on 26th November 2001.
Transitional provisions relating to the Board’s final report
2
1
As soon as practicable, and in any event before the day on which section 19 of the Act comes into force (“commencement day”), the Board of Banking Supervision must prepare and submit to the Authority a report on its activities (or proposed activities) during the period from 1st April 2001 up to (but not including) the commencement day.
2
The Authority must include the report submitted to it under paragraph (1) in the first report that it makes under paragraph 10 of Schedule 1 to the Act.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th November 2001


text:
Citation and Interpretation
1
1
This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 3 and Savings and Transitional Provisions) Order 2001.
2
In this Order —
“ the Act ” means the Learning and Skills Act 2000.
Provision coming into force
2
1
The provisions of the Act specified in Part I of the Schedule to this Order shall come into force on 1st March 2001.
2
The provisions of the Act specified in Part II of the Schedule to this Order shall come into force on 1st April 2001.
3
The provisions of the Act specified in Part III of the Schedule to this Order shall come into force on 1st September 2001.
4
Unless otherwise specified in the Schedule to this Order the provisions referred to in paragraphs (1) to (3) above shall come into force for all purposes.
Savings and Transitional Provisions
3
1
In this article
“ the old council ” means the Further Education Funding Council for England;
“ the new Council ” means the Learning and Skills Council for England;
“the 1992 Act ” means the Further and Higher Education Act 1992.
2
Without prejudice to paragraph 3 of Schedule 10 to the Act, anything done before 1st April 2001 by the old Council pursuant to section 51 of the 1992 Act shall have effect as if done by the new Council.
3
If any provision in the instrument or articles of government of any institution within the further education sector (as defined in section 91(3) of the 1992 Act) provides that anything should be done in accordance with requirements of the old Council, or should comply with directions given by the old Council, such provision shall have effect, in relation to any requirement imposed or direction given on or after 1st April 2001, as if references to the old Council were references to the new Council.
4
The powers contained in —
a
section 496 of the Education Act 1996 as applied in relation to the old Council by section 56(3) of the 1992 Act; and
b
section 57(3) and (4) of the 1992 Act,
shall continue to be exercisable in respect of any action (including failure to take any action) by the old Council before 1st April 2001 but any direction given under those powers shall be given to the new Council.
Tessa Blackstone
Minister of State,
Department for Education and Employment
19th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Taxes (Interest Rate) (Amendment No. 1) Regulations 2001 and shall come into force on 6th March 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Taxes (Interest Rate) Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 3(1)(a) for the words “sections 86 and 88” substitute “section 86 (except where regulation 3AA(1)(aa) applies) and section 88”.
4
In regulation 3AA(1) —
a
after paragraph (a) insert the following paragraph —
aa
section 86 of the Taxes Management Act 1970 as it has effect in relation to accounting periods of companies ending before 1st October 1993 (interest on unpaid assessed corporation tax),
;
b
for the words “be 6.25 per cent. per annum” substitute —
be —
where paragraph (aa) above applies, 6.5 per cent. per annum;
in all other cases, 6.25 per cent. per annum.
.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
29th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bristol South and West Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
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 Bristol South and West Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Bristol South and West Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust,
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Avon 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 Avon 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 United Bristol Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
This Order may be cited as the Northampton Community Healthcare and the Rockingham Forest National Health Services Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Northampton Community Healthcare National Health Service Trust established by the Northampton Community Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Rockingham Forest National Health Service Trust established by the Rockingham Forest National Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
21st March 2001


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 6) Order 2001 and shall come into force on 18th October 2001.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2001 shall be amended as follows.
4
In paragraph 1.2 at the appropriate place in alphabetical order there shall be inserted the following definitions —
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
;
“European Economic Area” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprising the Republic of Iceland, the Kingdom of Norway and the Principality of Leichtenstein;
;
“primary specialist” means a teacher in a school providing primary education who is employed to teach one or more shortage subjects to classes or groups other than his own;
;
“returners' course” means a training course designed to help qualified teachers refresh their skills before returning to teaching;
; and
“shortage subject” means mathematics, science, any modern language, Welsh, design and technology, information and communications technology or English (including drama);
.
5
After paragraph 46 there shall be inserted the following —
Welcome Back Bonus
46A.1
A relevant body may make a payment to a teacher to whom paragraph 46A.2 applies in accordance with paragraph 46A.3 and 46A.4.
46A.2
This paragraph applies to a teacher who —
a
immediately before 30th April 2000 was a qualified teacher or is a person mentioned in paragraph 6 of Schedule 3 to the Teachers' Qualifications and Health Standards Regulations who has at any time received notification from the Secretary of State that he is a qualified teacher;
b
at any time before 30th April 2000 was employed as a teacher in any school maintained by an authority, non-maintained special school, independent school, city technology college or city college for the technology of the arts in England or Wales or employed as a teacher at a school in any other part of the European Economic Area;
c
in the period starting with 30th April 2000 up to and including 31st March 2001 was not employed as a teacher or a lecturer on more than 15 days in any school maintained by an authority, non-maintained special school, independent school, city technology college, city college for the technology of the arts, sixth form college, or in the provision of higher education or further education in England or Wales or in a capacity in another part of the European Economic Area or elsewhere which in the opinion of the relevant body is equivalent to one or more of those mentioned in this sub-paragraph;
d
is employed as a teacher in England or Wales as a permanent member of staff or on a fixed term contract where the fixed term is a period of at least one school term or in the opinion of the relevant body is a period at least equivalent to one school term and takes up his appointment —
i
on or after 17th April 2001 but before 1st January 2002; or
ii
in the case of a teacher who has attended a returners' course starting on or after 1st September 2001 for at least six weeks, on or after 17th April 2001 but before 1st March 2002;
e
has applied for such a payment before 1st March 2002 or in the case of a teacher who has attended a returners' course starting on or after 1st September 2001 for at least six weeks, before 1st May 2002; and
f
has not previously applied for such a payment in respect of his current appointment or any other appointment as a teacher.
46A.3.1
This sub-paragraph applies to a teacher who is employed —
i
wholly or mainly to teach one or more of the shortage subjects at a secondary school; or
ii
as a primary specialist; or
iii
as a head teacher,
at the time of the first payment under paragraph 46A.3.2(a) or at the time of the second payment under paragraph 46A.3.2.(b) or at the time of both payments under that paragraph.
46A.3.2
Subject to paragraphs 46A.3.3 and 46A.3.4 any payments under paragraph 46A.1 to a teacher to whom this sub-paragraph applies shall be paid by the relevant body of the school at which the teacher is employed when he becomes eligible for each payment as follows:
a
a first payment of £1000 as soon as possible after he takes up his appointment or in the case of a teacher who takes up his appointment before 18th October 2001 as soon as possible after that date; and
b
where the teacher has been in continuous service as a teacher in any school maintained by an authority or non-maintained special school in England and Wales, a second payment of £3000, or £3500 in the case of a teacher who received his first payment in accordance with paragraph 46A.4, on the anniversary of his taking up the appointment for which he received his first payment.
46A.3.3.1.
A relevant body shall make the payment under paragraph 46A.3.2(b) if the teacher is employed as a teacher at the same school on the anniversary of his taking up the appointment for which he received his first payment.
46A.3.3.2.
A relevant body may make a payment under paragraph 46A.3.2(b) if the teacher
i
received a first payment under paragraph 46A.3.2(a) in relation to an appointment at a different school from that where he is currently employed or received a first payment under corresponding arrangements made by a non-maintained special school;
ii
has been in continuous service as a teacher in any school maintained by an authority or non-maintained special school in England or Wales and remains in such service on the anniversary of taking up the appointment for which he received his first payment; and
iii
has applied for such a payment not later than 60 days after the anniversary of taking up the appointment for which he received his first payment.
46A.3.4.1.
Subject to paragraph 46A.3.4.2, in the case of a teacher employed part-time, the amount of payment in paragraph 46A.3.2(b) shall be the amount of payment, if any, required to provide a total payment (taking into account the payment under paragraph 46A.3.2(a)) which is a proportion of the total amount payable to a full time teacher under paragraph 46A.3.2. The proportion shall correspond to the proportion of the school week for which the part-time teacher is employed.
46A.3.4.2.
Where the first payment under paragraph 46A.3.2(a) exceeds the proportion of the full amount payable calculated in accordance with paragraph 46A.3.4.1 that payment shall be the total payment.
46A.4.1
This sub-paragraph applies to a teacher to whom sub-paragraph 46A.3 does not apply.
46A.4.2
Subject to paragraphs 46A.4.3 and 46A.4.4 any payments under paragraph 46A.1 to a teacher to whom this sub-paragraph applies shall be paid by the relevant body of the school at which the teacher is employed when he becomes eligible for each payment as follows:
a
a first payment of £500 as soon as possible after he takes up his appointment or in the case of a teacher who takes up his appointment before 18th October 2001 as soon as possible after that date; and
b
where the teacher has been in continuous service as a teacher in any school maintained by an authority or non-maintained special school in England or Wales a second payment of £1500 on the anniversary of taking up the appointment for which he received his first payment.
46A.4.3.1.
A relevant body shall make the payment under paragraph 46A.4.2(b) if the teacher is employed as a teacher at the same school on the anniversary of taking up the appointment for which he received his first payment.
46A.4.3.2.
A relevant body may make a payment under paragraph 46A.4.2(b) if the teacher —
i
received a first payment under paragraph 46A.4.2(a) in relation to an appointment at a different school to that where he is currently employed or received a first payment under corresponding arrangements made by a non-maintained special school;
ii
has been in continuous service as a teacher in any school maintained by an authority or a non-maintained special school in England or Wales and remains in such service on the anniversary of his taking up the appointment for which he received his first payment; and
iii
has applied for such a payment not later than 60 days after the anniversary of taking up the appointment for which he received his first payment.
46A.4.4.1.
Subject to paragraph 46A.4.4.2, in the case of a teacher employed part-time, the amount of payment in paragraph 46A.4.2(b) shall be the amount of payment, if any, required to provide a total payment (taking into account the payment under paragraph 46A.4.2(a)) which is a proportion of the total amount payable to a full time teacher under paragraph 46A.4.2. The proportion shall correspond to the proportion of the school week for which the part-time teacher is employed.
46A.4.4.2.
Where the first payment under paragraph 46A.4.2(a) exceeds the proportion of the full amount payable calculated in accordance with paragraph 46A.4.4.1 that payment shall be the total payment.
46A.5
For the purposes of this paragraph —
a
“continuous service as a teacher” includes service under consecutive fixed term contracts separated only by an interval occurring outside term-time but does not include a period where the teacher is suspended from teaching pending disciplinary or competence procedures and those procedures result in the teacher’s dismissal; and
b
“continuous service” is not broken by a change of employer.
.
Stephen Timms
Minister of State,
Department for Education and Skills
25th September 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Thurrock and Basildon College (Government) Regulations 2001, and shall come into force on 1st June 2001.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Thurrock and Basildon College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Tessa Blackstone
Minister of State,
Department for Education and Employment
17th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Liverpool Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Central Liverpool Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the Central Liverpool Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Liverpool 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 Liverpool 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 North Mersey Community 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
Hunt
Parliamentary Under-Secretary of State,
Department of Health
20th October 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2001 and subject to regulation 11 of these Regulations shall come into force on 1st April 2001.
2
In these Regulations “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
3
These Regulations extend to England only.
Amendment of regulation 3 of the principal Regulations
2
1
In paragraphs (1) and (4) of regulation 3 of the principal Regulations (supply of drugs and appliances by chemists) for “£6.00” on each occasion it appears there shall be substituted “£6.10”.
2
In paragraph (1)(a) of regulation 3 of the principal Regulations for “£12.00” there shall be substituted “£12.20”.
Amendment of regulation 4 of the principal Regulations
3
1
In paragraphs (1) and (4) of regulation 4 of the principal Regulations (supply of drugs and appliances by doctors) for “£6.00” on each occasion it appears there shall be substituted “£6.10”.
2
In paragraph (1)(a) of regulation 4 of the principal Regulations for “£12.00” there shall be substituted “£12.20”.
Amendment of regulation 5 of the principal Regulations
4
1
In paragraph (1)(a) and (d) and paragraph (5) of regulation 5 of the principal Regulations (supply of drugs and appliances by Health Authorities, NHS Trusts and Primary Care Trusts) for “£6.00” on each occasion it appears there shall be substituted “£6.10”.
2
In paragraph (1)(a) and (c) of regulation 5 of the principal Regulations for “£12.00” on each occasion it appears there shall be substituted “£12.20”.
Amendment of regulation 6 of the principal Regulations
5
1
In paragraph (1)(a) and (b) and paragraph (4) of regulation 6 of the principal Regulations (supply of drugs and appliances at Walk-in-Centres) for “£6.00” on each occasion it appears there shall be substituted “£6.10”.
2
In paragraph (1)(a) of regulation 6 of the principal Regulations for “£12.00” there shall be substituted “£12.20”.
Amendment of regulation 6A of the principal Regulations
6
In regulation 6A of the principal Regulations (supply of drugs under Patient Group Directions) in paragraph (1) for “£6.00” there shall be substituted “£6.10”.
Amendment of regulation 9 of the principal Regulations
7
1
In paragraph (5) in regulation 9 of the principal Regulations (pre-payment certificates) in paragraph (5) for “£31.40” there shall be substituted “£31.90” and for “£86.20” there shall be substituted “£87.60”.
2
In paragraph (6) for “paragraphs (7) and (8)” in regulation 9 of the principal Regulations there shall be substituted “paragraphs (13) to (15)”.
3
For paragraphs (7) and (8) in regulation 9 of the principal Regulations there shall be substituted the following paragraphs —
7
Where payment of a prescribed sum has been made and where on or after 1st April 2001 the person in respect of whom the payment was made dies or becomes resident in a hospital and thereafter dies during the relevant period as defined in paragraph (9) an application for a refund may be made, by or on behalf of that person or his estate, in accordance with paragraphs (13) to (15) in respect of each complete month following the date on which the person died or became resident in a hospital.
8
The refund referred to in paragraph (7) shall be calculated as follows —
a
in the case of a pre-payment certificate valid for 4 months, one quarter of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;
b
in the case of a pre-payment certificate valid for 12 months, one twelfth of the prescribed sum paid for each complete month during which the pre-payment certificate is or was valid;
and for the purposes of these calculations a complete month is a month beginning on the monthly anniversary of the date on which the pre-payment certificate became valid and ending on the date immediately preceding that date in the following month.
9
In paragraph (7) “the relevant period” means the period of validity of the pre-payment certificate excluding the month in respect of which an application under paragraph (6) may be made.
10
Where payment of a prescribed sum in respect of a pre-payment certificate valid for 12 months has been made and where on or after 1st April 2001 and during the relevant period defined in paragraph (12), the person in respect of whom the payment was made —
a
becomes a person to whom any of the provisions of regulation 7(1)(b) to (f) applies; or
b
becomes a person entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations,
an application for a refund may be made, by or on behalf of that person or his estate in accordance with paragraphs (13) to (15).
11
The refund referred to in paragraph (10) shall be for the sum which is the difference between the prescribed sum paid and the sum which was prescribed for a pre-payment certificate valid for four months on the date that the prescribed sum was paid.
12
In paragraph (10) the “relevant period” means the period of 3 months immediately following the month in respect of which an application under paragraph (6) may be made.
13
Applications under this regulation shall be made to the Health Authority which received the prescribed sum and shall be accompanied by the certificate (where granted) and a declaration in support of the claim and any repayment shall be made in such manner and subject to such conditions as the Secretary of State may determine.
14
Subject to paragraph (15) an application under this regulation shall be made where the person in respect of whom the payment of the prescribed sum was made —
a
dies or becomes resident in a hospital and thereafter dies, within 24 months of the date of his death; or
b
has a pre-payment certificate valid for 4 months and becomes a person;
i
to whom any of the provisions of regulation 7(1)(b) to (f) apply, or
ii
entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations,
within four months of the date on which the pre-payment certificate became valid; or
c
has a pre-payment certificate valid for 12 months and becomes a person;
i
to whom any of the provisions of regulation 7(1)(b) to (f) apply; or
ii
entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations,
within seven months of the date on which the pre-payment certificate became valid; or
d
becomes resident in hospital and remains there until the expiry of the pre-payment certificate within 3 months of the date of expiry.
15
Where an application under this regulation is made outside the time limits specified in paragraph (14) in respect of a death which occurs on or after 1st April 2001 or in respect of a person who becomes a person to whom paragraph 14(b) to (d) applies on or after 1st April 2001, the Health Authority shall accept it if the Secretary of State is satisfied that the delay was for good cause.
Amendment of Schedule 1 to the principal Regulations
8
In column 2 of Schedule 1 to the principal Regulations (charges for fabric supports and wigs) —
a
for “£20.30” there shall be substituted “£20.60” (surgical brassiere)
b
for “£30.50” there shall be substituted “£31.00” (abdominal or spinal support)
c
for “£49.90” there shall be substituted “£50.70” (stock modacrylic wig)
d
for “£131.50” there shall be substituted “£133.70” (partial human hair wig)
e
for “£192.20” there shall be substituted “£195.40” (full bespoke human hair wig).
Transitional provisions
9
Where, on or after 1st April 2001 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, grant as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th March 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Alpha Telecom Communications Limited) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (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) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 shall be amended as follows.
2
In regulation 2(2) (clothing grant), for “£11,718” there shall be substituted “£11,952”.
3
In regulation 2(3), for sub-paragraphs (a) and (b) there shall be substituted —
a
£73 where the relevant income does not exceed £11,116; and
b
£38 where that income exceeds £11,116 but does not exceed £11,952
.
4
In regulation 4 (travel grant) —
a
in paragraph (3), for “£10,914” there shall be substituted “£11,129”; and
b
in paragraph (4) —
i
for “£10,914” there shall be substituted “£11,129”; and
ii
for “£10,735” there shall be substituted “£10,950”.
5
In regulation 10 (field study courses), for paragraph (1) there shall be substituted the following —
1
In this regulation “field study course” means a course of field study (provided by the school or otherwise) which forms part of a normal course of study at a school for the examinations for the General Certificate of Secondary Education, the General Certificate of Education Advanced Level, the Advanced Subsidiary, the Advanced Vocational Certificate of Education or other examinations comparable to any of them, being examinations in —
a
archaeology
b
biology
c
botany
d
geography
e
geology
f
modern languages at advanced level
g
theatre studies
h
zoology, or
i
any other subject approved for the purposes of this regulation by the Secretary of State,
and a reference to a relevant examination shall be construed accordingly.
Stephen Timms
Minister of State,
Department for Education and Skills
28th July 2001


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2001 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as ``the Act''), come into force on 1st January 2002.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £4.40 Category 2 vehicles £8.90 Category 3 vehicles £13.30
3
The Severn Bridges Tolls Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001


text:
1
This Order may be cited as the Finance Act 1989, section 178(1), (Appointed Day) Order 2001.
2
1
The day appointed for the enactments specified in paragraph (2) for periods beginning on or after which section 178(1) of the Finance Act 1989 shall have effect is 7th March 2001.
2
The enactments specified are —
a
section 71(8A) of the Social Security Administration Act 1992 ;
b
section 69(8A) of the Social Security Administration (Northern Ireland) Act 1992 ;
c
paragraph 8 of Schedule 4 to the Tax Credits Act 1999.
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Cannock Chase (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4 to 7 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Brindley Heath, Heath Hayes and Wimblebury, Hednesford and Rugeley to be held on 1st May 2003, on 10th October 2002.
b
for all other purposes, on 1st May 2003.
4
In this Order —
“district” means the district of Cannock Chase;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Cannock Chase (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Cannock Chase
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Cannock Chase
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the district —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Brindley Heath
4
1
The existing wards of the parish of Brindley Heath shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Heath Hayes and Wimblebury
5
1
The parish shall be divided into four parish wards which shall bear the names Hawks Green, New Heath Hayes, Old Heath Hayes and Wimblebury; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Old Heath Hayes parish ward shall be four and for each of the Hawks Green, New Heath Hayes and Wimblebury parish wards shall be three.
Wards of the parish of Hednesford
6
1
The existing wards of the parish of Hednesford shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Rugeley
7
1
The existing wards of the parish of Rugeley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Etching Hill, Hagley and Western Springs; the parish wards of Hagley and Western Springs shall be coterminous with the district wards of the same name, and the Etching Hill parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the Etching Hill and Western Springs parish wards shall be seven, and for the Hagley parish ward shall be five.
Parish elections
8
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parish of Cannock Wood shall be three years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
2
Elections of all parish councillors for the parish of Cannock Wood shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
3
The councillors elected in accordance with paragraph (2) in 2003 shall come into office on the day on which their predecessors retire.
4
Where any provision of an Order made before the making of this Order requires an election of parish councillors for the parish of Cannock Wood to be held on a date other than that for which paragraph (1) of this article provides, it shall cease to have effect to that extent.
Revocation
9
The District of Cannock Chase (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2001


text:
1
This Order may be cited as the Access to Justice Act 1999 (Commencement No. 8) Order 2001.
2
Section 47 of the Access to Justice Act 1999 shall come into force on 25th May 2001.
Signed by authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
2nd May 2001


text:
1
The Medical Practitioners Registration (Fees) (Amendment) Regulations 2001 are hereby approved.
2
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 2001.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Ribble Valley (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Ribble Valley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Ribble Valley (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Ribble Valley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Ribble Valley
3
1
The ordinary elections of all councillors of the borough of Ribble Valley shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Billington and Langho
4
The parish of Billington and Langho shall be divided into two parish wards, which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Clitheroe
5
1
The existing wards of the parish of Clitheroe shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Edisford and Low Moor, Littlemoor, Primrose, Salthill and St Mary's; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be two.
Wards of the parish of Longridge
6
1
The existing wards of the parish of Longridge shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be four.
Revocation
7
The Borough of Ribble Valley (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport,Local Government and the Regions
3rd July 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2001 and shall come into force on 19th February 2001.
2
In these Regulations unless the context otherwise requires —
“the 1997 Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ,
“the 1986 Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of the 1997 Regulations
2
In regulation 1(2) of the 1997 Regulations (interpretation), in the definition of “ NHS sight test fee”, for the amount of “£42.79” substitute “£42.85” and for the amount “£15.46” substitute “£15.52”.
3
1
Regulation 12 of the 1997 Regulations (use of vouchers for supply of optical appliances) shall be amended in accordance with the following provisions.
2
In paragraph (1) for “paragraphs (4) and (5)” substitute “paragraphs (4), (5) and (6),”.
3
After paragraph (5) add —
6
When the patient presents the voucher —
a
the supplier shall ask him to produce satisfactory evidence that he is an eligible person, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him; and
b
if the patient is requested to produce satisfactory evidence, but does not do so, the supplier shall record the fact on the voucher.
.
4
At the end of regulation 13 of the 1997 Regulations (payments to suppliers), add —
3
The responsible authority shall also make a payment, to be determined by the Secretary of State, to the supplier to meet or contribute to the cost incurred by the supplier in complying with regulation 12(6).
.
5
In regulation 16 of the 1997 Regulations (completion of vouchers), for paragraphs (2) and (3) substitute —
2
In the case of a replacement, the supplier shall —
a
ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
b
mark on the voucher the letter code specified in column 2 of Schedule 1, which relates to the type of optical appliance to be replaced, as set out in column 1 of that Schedule;
c
duly complete the relevant parts of the voucher with —
i
the name and address of the patient,
ii
the patient’s date of birth;
d
if the patient has been asked for, but not shown satisfactory evidence of entitlement, record the fact on the voucher.
.
3
In the case of a repair, the supplier shall —
a
ask the patient to produce satisfactory evidence of entitlement, unless the supplier, in cases other than where the patient is an eligible person by virtue of regulation 8(2)(c) or (d), already has satisfactory evidence of entitlement available to him;
b
mark on the voucher the letter code specified in column 2 of Schedule 1 which relates to the type of optical appliance to be replaced as set out in column 1 of that Schedule;
c
indicate on the voucher the nature of the repair of the appliance to be undertaken and, in particular, whether it comprises —
i
the replacement or repair of one or more lenses included in the appliance and, if so, how many,
ii
the repair of a frame and, if so, whether it is the whole frame, the front of a frame or one or both sides of a frame,
d
duly complete the relevant parts of the voucher with —
i
the name and address of the patient,
ii
the patient’s date of birth; and
e
if the patient has been asked for, but not shown satisfactory evidence of entitlement, record the fact on the voucher.
.
6
At the end of regulation 18 of the 1997 Regulations (payments to suppliers for replacement and repair), add —
3
The responsible authority shall also make a payment, to be determined by the Secretary of State, to the supplier to meet or contribute to the cost incurred by the supplier in order to comply with regulation 16(2) or (3)
.
Amendment of 1986 Regulations
7
In regulation 2 of the 1986 Regulations (interpretation), the following shall be inserted in the appropriate alphabetical order —
“day centre” means an establishment in the locality of a Health Authority attended by patients who would have difficulty in obtaining such services from practice premises because of physical or mental illness or disability or because of difficulties in communicating their health needs unaided;
“mobile practice” means a contractor who does not have practice premises in a locality, but who has undertaken to provide general ophthalmic services at day or residential centres in that locality;
“residential centre” means an establishment in the locality of a Health Authority for patients who normally reside in that establishment and who are unable to leave the establishment unaccompanied because of physical or mental illness or disability
.
8
1
Regulation 6 of the 1986 Regulations (ophthalmic list) shall be amended in accordance with the following provisions.
2
In paragraph (3)(b) after “provide general ophthalmic services” add “ , or in the case of a mobile practice, the address to which correspondence in connection with such provision may be sent, and the address of any day or residential centres visited regularly;”.
3
In paragraph (3)(c) after “at those addresses” add “ , or in the case of day or residential centres, the months in which visits are intended to take place and the planned interval between such visits”.
9
Regulation 13A (sight tests — applications) shall be amended in accordance with the following provisions.
2
For paragraph (4)(a) substitute —
4
a
Subject to paragraph (5) —
i
satisfy himself that the person is an eligible person by asking for satisfactory evidence of entitlement, unless the contractor, in cases other than where the patient is a person specified in regulation 13(1)(c), already has satisfactory evidence of it available to him; and
ii
where the patient has been asked for but not produced satisfactory evidence that he is an eligible person, then the contractor shall record the fact on the patient’s sight test form;
.
3
After paragraph (5) add the following paragraphs —
6
Where the contractor has provided the sight test at the place where the patient normally resides, he shall record on the sight test form the reason given by the patient, or on his behalf, for not being able to leave home unaccompanied.
7
The contractor may appoint a member of his staff to carry out the requirements placed on him by paragraph (4)(a)(i) and (ii) on his behalf, provided that he ensures that person is given instruction by him to enable him to fulfil the requirements on his behalf.
.
10
In regulation 16 (service of documents on contractors) after “undertaking to provide general ophthalmic services” add “ , or, in the case of a mobile practice, the address notified to the Health Authority as the address to which correspondence may be sent”.
11
1
Schedule 1 (terms of service) shall be amended in accordance with the following provisions.
2
In paragraph 2 (incorporation of provisions) —
a
for sub-paragraph (b)(iii) substitute —
iii
the investigation of excessive issuing of optical vouchers following a sight test;
;
b
for sub-paragraph (c) substitute —
regulation 9 of the Natonal Health Service (Optical Charges and Payments) Regulations 1997;
.
3
In paragraph 3 (premises at which general ophthalmic services are to be provided), for sub-paragraph (2) substitute —
2
Where requested to do so by or on behalf of a patient, who is —
a
unable to leave home unaccompanied because of physical or mental illness or disability, a contractor may agree to provide general ophthalmic services at the place at which the patient normally resides; or
b
attending a day centre, a contractor may agree to provide general ophthalmic services at that day centre.
.
4
After paragraph 3 insert the following paragraph —
Visits
3A
1
In the case of mobile practices, a contractor shall give the relevant Health Authority notice in accordance with sub-paragraph (2) of any visits which he intends to make to provide general ophthalmic services to at least three persons at day centres or in residential centres in its locality.
2
The contractor shall notify the Health Authority at least a month in advance of the beginning of the month in which he intends to visit any establishment in its locality and the intervals at which he intends to make return visits.
.
5
In paragraph 4 (premises and equipment) —
a
in sub-paragraph (1) after “Subject to” insert “sub-paragraph (1A) and”;
b
after sub-paragraph (1) insert —
1A
In the case of a mobile practice, the contractor shall provide suitable equipment for the provision of the general ophthalmic services which he has undertaken to provide.
;
c
in sub-paragraph (2) after “Subject to” insert “sub-paragraph (2A) and”;
d
after sub-paragraph (2) insert —
2A
In the case of a mobile practice, the contractor, on receipt of a written request from the relevant Health Authority, shall arrange for an authorised officer of the Secretary of State or of the Health Authority to be allowed to inspect at a reasonable time the facilities and equipment that he uses.
.
6
In paragraph 5 (notices), for “the National Health Service (Optical Charges and Payments) Regulations 1989” substitute “the National Health Service (Optical Charges and Payments) Regulations 1997”.
7
For paragraph 6 (records) substitute —
6
1
A contractor shall keep a proper record in respect of each patient to whom he provides general ophthalmic services, giving appropriate details of sight testing.
2
Subject to paragraph 8(5), a contractor shall retain all such records for a period of seven years, and shall during that period produce them when required to do so by a Health Authority or the Secretary of State —
a
to an officer authorised by the Secretary of State;
b
within such period, not being less than 14 days, as the Health Authority or Secretary of State may specify.
.
8
In paragraph 10 (testing of sight), in sub-paragraph (2) for “he shall so inform the patient’s doctor” substitute “he shall, if appropriate, and with the consent of the patient, inform the patient’s doctor of his opinion.”
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Staffordshire Healthcare National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th January 2001.
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 ;
“establishment date” means 19th January 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South Staffordshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the South Staffordshire Healthcare National Health Service 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 the trust’s headquarters, Corporation Street, Stafford, Staffordshire ST16 3AG and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The South Staffordshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
8th January 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Nextlink UK Limited) Order 2001 and shall come into force on 16th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for and E-Commerce and Competitiveness,
Department of Trade and Industry
12th July 2001


text:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Great Britain) (Amendment) Order 2001 and shall come into force on 30th September 2001.
Amendment of the Plant Health (Forestry) (Great Britain) Order 1993
2
1
The Plant Health (Forestry) (Great Britain) Order 1993 (“the Order”) shall be amended in accordance with the following paragraphs of this article.
2
In article 2(1) of the Order —
a
the definition of “dunnage” shall be amended to read as follows:
“dunnage” means wood of any kind used to wedge or support parts of cargo and includes packing material, spacers and pallets, except that dunnage originating in Canada, China, Japan and the United States of America shall not include wood packing material;
;
b
to the definition of “relevant material” after the word “wood,” shall be added the words “wood packing material originating in Canada, China, Japan and the United States of America,”; and
c
after the definition of “wood” shall be inserted the following definition:
“wood packing material” means non-manufactured wood of conifers (Coniferales), except that of Thuja L., which is in the form of packing cases, boxes, crates, drums and similar packings, pallets, box pallets and other load boards and pallet collars, whether or not in use in the transport of objects, and, in reference to wood used in the construction of wood packing material, “non-manufactured” shall refer to wood which has not undergone a manufacturing process involving glue or a combination of heat and pressure.
.
3
At paragraph (5) of article 12, after the words “Great Britain by post,” shall be inserted the words “and wood packing material originating in China,”.
4
After paragraph (5) of article 12 shall be inserted the following text:
5A
Any phytosanitary certificate required in compliance with articles 3(2) and 9 and Schedule 4, Part A in respect of wood packing material originating in China shall be retained by the importer of the wood packing material for a period of one year from the date of landing, and, without prejudice to the powers of an inspector under article 24, shall be produced by him to an inspector immediately upon request, which may be made orally or in writing.
5B
An inspector requesting a phytosanitary certificate under paragraph (5A) may retain the certificate for as long as he deems necessary to perform his functions under this Order.
.
5
Paragraph (2) of article 19A shall be amended to read as follows:
“Paragraph (1) above shall not apply to items 2AA, 2AB or 11 to 19 of Part A of Schedule 4.”.
6
At Schedule 4, Part A —
a
at the end of the text in the second column of Item 1 shall be added the following indent —
wood packing material referred to in Items 2AA and 2AB below
;
b
for the text in the second column of Item 2 there shall be substituted the following text:
Wood of conifers (Coniferales), except that of Thuja L., —
in the form of packing cases, crates, drums, pallets, box pallets or load boards, dunnage, spacers and bearers, including wood which has not kept its natural round surface, originating in Korea and Taiwan;
in the form of dunnage, spacers and bearers including wood which has not kept its natural round surface, originating in Canada, China, Japan and the USA ; and
in the form of packing cases, crates, drums, pallets, box pallets or load boards originating in Canada, China, Japan and the USA and despatched to the European Community before 1st October 2001
; and
c
after Item 2 there shall be inserted —
2AA.
Wood of conifers (Coniferales), except that of Thuja L., in the form of wood packing material originating in Canada, Japan and the United States of America and despatched to the European Community after 30th September 2001
Without prejudice to article 3(1), Part A of Schedule 2 and Schedule 3, wood packing material originating in Canada, Japan and the United States of America —
shall —
be heat treated or kiln-dried to a minimum core temperature of 56 degrees Celsius for at least 30 minutes in a closed chamber or kiln which has been tested, evaluated and officially approved for this purpose, and
display an officially approved heat treated or kiln-dried marking enabling the identification of where and by whom the treatment described in paragraph (i) above has been carried out;
shall —
in accordance with an officially recognised technical specification, have been pressure treated with a chemical which is approved by a body responsible for such approvals in the country concerned, and
display an official marking enabling the identification of where and by whom the treatment described in paragraph (i) above has been carried out; or
shall —
in accordance with an officially recognised technical specification, have been fumigated with a chemical which is approved by a body responsible for such approvals in the country concerned, and
display an official marking enabling the identification of where and by whom the fumigation described in paragraph (i) above has been carried out
None
2AB.
Wood of conifers (Coniferales), except that of Thuja L., in the form of wood packing material originating in China and despatched to the European Community after 30th September 2001
Without prejudice to article 3(1), Part A of Schedule 2 and Schedule 3, wood packing material originating in China —
shall —
be heat treated or kiln dried to a minimum core temperature of 56 degrees Celsius for at least 30 minutes in a closed chamber or kiln which has been tested, evaluated and approved officially for this purpose, and
display an officially approved heat-treated or kiln-dried marking enabling the identification of where and by whom the treatment described in paragraph (i) above has been carried out;
shall —
in accordance with an officially recognised technical specification, have been pressure treated with a chemical which is approved by a body responsible for such approvals in the country concerned, and
display an official marking enabling the identification of where and by whom the treatment described in paragraph (i) above has been carried out; or
shall —
in accordance with an officially recognised technical specification, have been fumigated with a chemical which is approved by a body responsible for such approvals in the country concerned, and
display an official marking enabling the identification of where and by whom the fumigation described in paragraph (i) above has been carried out
Phytosanitary Certificate
.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 29th August 2001.
Frank Strang
Secretary to the Forestry Commissioners


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Cornwall Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
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-office 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 Central Cornwall Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Central Cornwall Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Cornwall and Isles of Scilly 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 Cornwall and Isles of Scilly 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 Cornwall Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
1
1
This Order may be cited as the Bretton Hall Higher Education Corporation (Dissolution) Order 2001 and shall come into force on 1st August 2001.
2
In this Order “the corporation” means Bretton Hall higher education corporation.
2
On 1st August 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to and vest in the University of Leeds.
3
Section 127 of the Education Reform Act 1988 shall apply to any person employed by the corporation immediately before 1st August 2001 as if the reference in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the transfer date were to 1st August 2001;
c
to the transferor authority were to the corporation; and
d
to the corporation were to the University of Leeds.
Tessa Blackstone
Minister of State,
Department for Education and Employment
30th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendment) Regulations 2001 and shall come into force on 25th May 2001.
2
In these Regulations —
“the 1988 Regulations ” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 ; and
“the 2000 Regulations ” means the Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 2000 .
Amendments to the 1988 Regulations
2
In column 1 of Part A of Schedule 2 to the 1988 Regulations —
a
at the end of the entry relating to Council Directive 89/173/ EEC , the words “and as amended by Commission Directive 2000/1/ EC (O.J. No. L21, 26.1.00, p. 16)” shall be inserted:
b
after the entry relating to Council Directive 89/173/EEC there shall be added —
Directive 2000/25/EC of the European Parliament and of the Council Engine emissions of gaseous and particulate pollutants O.J. No. L173, 12.07.00, p. 1
c
with effect from 30th June 2001 —
i
at the end of the entry relating to Council Directive 86/298/EEC , the words “and as amended by Commission Directive 2000/19/EC (O.J. No. L94, 14.4.00, p. 31)” shall be inserted;
ii
at the end of the entry relating to Council Directive 87/402/EEC , the words “and as amended by Commission Directive 2000/22/EC (O.J. No. L107, 4.5.00, p.26)” shall be inserted;
d
with effect from 1st October 2001, at the end of the entry relating to Council Directive 75/322/EEC , the words “and as amended by Commission Directive 2000/2/EC (O.J. No. L21, 26.1.00, p. 23)” shall be inserted; and
e
with effect from 30th June 2002 at the end of the entry relating to Council Directive 75/322/EEC the words “and by Commission Directive 2001/3/EC (O.J. No. L28, 30.01.01, p. 1)” shall be inserted.
Amendments to the 2000 Regulations
3
In column 1 of Part A of the Schedule which the 2000 Regulations substitute, with effect from 1st October 2004, for Schedule 2 to the 1988 Regulations —
a
at the end of the entry relating to Council Directive 75/322/EEC , the words “and as amended by Commission Directive 2000/2/EC (O.J. No. L21, 26.1.00, p. 23) and by Commission Directive 2001/3/EC (O.J. No. L28, 30.01.01, p. 1)” shall be inserted;
b
at the end of the entry relating to Council Directive 86/298/EEC , the words “and as amended by Commission Directive 2000/19/EC (O.J. No. L94, 14.4.00, p. 31)” shall be inserted;
c
at the end of the entry relating to Council Directive 87/402/EEC , the words “and as amended by Commission Directive 2000/22/EC (O.J. No. L107, 4.5.00, p. 26)” shall be inserted;
d
at the end of the entry relating to Council Directive 89/173/EEC , the words “and as amended by Commission Directive 2000/1/EC (O.J. No. L21, 26.1.00, p. 16)” shall be inserted; and
e
after the entry relating to Council Directive 89/173/EEC , there shall be added —
Directive 2000/25/EC of the European Parliament and Council Engine emissions of gaseous and particulate pollutants O.J. No. L173, 12.07.00, p. 1
Signed by authority of the Secretary of State forthe Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dacorum Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Dacorum 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 Dacorum Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The West Hertfordshire 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 West Hertfordshire 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 West Hertfordshire Community 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
1
These Regulations may be cited as the Police and Criminal Evidence Act 1984 (Drug Testing of Persons in Police Detention) (Prescribed Persons) Regulations 2001 and shall come into force on the day after the day on which they are made.
2
1
The following are prescribed persons for the purposes of section 63B(6) of the Police and Criminal Evidence Act 1984:
a
a police officer;
b
a person employed by a police authority or police force whose contractual duties include taking samples for the purpose of testing for the presence of specified Class A drugs ;
c
a person employed by a contractor engaged by a police authority or police force whose duties include taking samples for the purpose of testing for the presence of specified Class A drugs.
2
In sub-paragraph (1)(c) above, “contractor” means any person or body obliged, under any of the terms of a contract with a police authority or a police force, to provide, when required, the service of taking samples for the purpose of testing for the presence of specified Class A drugs.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
18th July 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Portsmouth Harbour (Gunwharf Quays) (Millennium Tower) Order 2001 and shall come into force on 19th March 2001.
Interpretation
2
1
In this Order —
“the Act” means the Transport and Works Act 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited section” means the section certified by the Secretary of State as the deposited section for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“the limits of deviation for construction purposes” means the limits of deviation for construction purposes shown on the deposited plans;
“maintain” includes inspect, repair, adjust, remove, reconstruct, and replace and “maintenance” shall be construed accordingly;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“tidal work” means so much of any authorised work as is on, under or over tidal waters or tidal land below the level of mean high water springs;
“Trinity House” means the Corporation of Trinity House of Deptford Strond;
“the undertaker” means the Berkeley Festival Waterfront Company Limited.
2
All directions and distances stated in any description of works or powers shall be construed as if the words “or thereabouts” were inserted after each such reference.
PART II
WORKS PROVISIONS
Power to construct works
3
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 4 below, the scheduled works shall be constructed in the situations shown on the deposited plans and in accordance with the levels shown on the deposited section.
3
The undertaker may within the limits of deviation for construction purposes carry out such other works (of whatever nature) as may be necessary, convenient or expedient for the purposes of, or in connection with, the construction of the scheduled works.
4
The undertaker may break out and remove in so far as may be necessary and convenient for the construction and maintenance of the scheduled works any such structures as are wholly contained within the limits of deviation.
Power to deviate
4
In constructing or maintaining the scheduled works, the undertaker may —
a
deviate laterally from the situations shown on the deposited plans for a distance not exceeding 5 metres within the limits of deviation for construction purposes;
b
deviate vertically from the levels shown for that work on the deposited section —
i
to any extent not exceeding 5 metres upwards, or
ii
to any extent downwards as may be necessary or convenient.
Discharge of water
5
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans within the limits of deviation for construction purposes, make openings into, and connections with, the watercourse, sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
5
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
6
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, a local authority or a harbour authority within the meaning of the Harbours Act 1964 ,
b
“watercourse” includes all rivers, tidal rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain, and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
PART III
MISCELLANEOUS AND GENERAL
Power to dispose, transfer, lease, etc. the undertaking or its operation
6
The undertaker may at any time transfer, assign, lease or otherwise dispose of the whole or any part of the authorised works or their operation and the transferee shall become the undertaker for the purposes of this Order in respect of that part of the authorised works or their operation transferred to him.
Protection of Railtrack
7
Any agreements for the protection of Portsmouth Harbour Railway Station and adjoining property of Railtrack PLC , which are or have been entered into between Railtrack PLC and the Berkeley Festival Waterfront Company Limited in relation to the exercise of the powers of this Order shall apply to the exercise of the powers of this Order by any person to whom all or any part of the authorised works or their operation is disposed of, under article 6 above, as they apply to the exercise of the powers by the Berkeley Festival Waterfront Company Limited.
Tidal works
8
The provisions of Schedule 2 to this Order shall have effect.
Certification of plans etc.
9
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the deposited section and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the deposited section and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
10
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
Resolution of disputes
11
Any difference under any provision of this Order shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by Authority of the Secretary of State for the Environment, Transport and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department of the Environment, Transport and the Regions
26th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 and shall come into force on 25th July 2001.
2
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Scottish Homes
2
For the year commencing on 1st April 2000, for the sum of “£1,010,190” specified as the maximum payable to Scottish Homes in sub-paragraph (a) of paragraph (2) of article 13 of the principal Order , there shall be substituted the sum of “£773,042”.
Amendment to articles 14, 15, 16 and 17
3
For the year commencing on 1st April 1999 and for any relevant year thereafter, paragraph (1) of articles 14, 16 and 17 and paragraph (4) of article 15 of the principal Order shall be amended by substituting for the words “article 13(1)(b)(ii)” the words “article 13(1)(b)(iii)”.
Sums to be used in the calculation of subsidy
4
For the year commencing on 1st April 2000, for Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
Thresholds for subsidy on rent allowances
5
For the year commencing on 1st April 2000 and for any relevant year thereafter, for the table in Part V of Schedule 4 to the principal Order there shall be substituted the table set out in Schedule 2 to this Order.
Amendment of Schedule 1
6
1
Column 5 of Schedule 1 to the principal Order shall be amended by substituting “101,144” for “38,057” in respect of Kingston-upon-Hull and “38,057” for “101,144” in respect of Kingston-upon-Thames.
2
This article shall take effect in respect of the year commencing on 1st April 1999.
Amendments to Schedule 4 consequent on claim-related rent
7
1
For the year commencing on 1st April 2000 and for any relevant year thereafter, Schedule 4 to the principal Order shall be amended in accordance with the following paragraphs of this article.
2
For paragraph 7 of Part II of Schedule 4 there shall be substituted the following paragraph —
Rent officers' property-specific rent and claim-related rent
7
Where the rent officer either —
a
determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or
b
determines a claim-related rent and the amount of eligible rent does not exceed the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations, less ineligible amounts,
the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be 95 per cent of that part of the qualifying expenditure attributable to the eligible rent.
.
3
For sub-paragraph (1) of paragraph 8 of Part II of Schedule 4 there shall be substituted the following sub-paragraph —
1
Where the rent officer either —
a
determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or
b
determines a claim-related rent and the amount of eligible rent exceeds the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations, less ineligible amounts,
then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.
.
4
The following sub-paragraph shall be added to paragraph 9 of Part II of Schedule 4 —
6
This paragraph does not apply where a rent officer determines a claim-related rent.
.
5
For sub-paragraph (e) of paragraph 12 of Part II of Schedule 4 there shall be substituted the following sub-paragraph —
e
in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is —
i
if the designated rent determination under the re-determination, substitute determination or substitute re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
ii
if the designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.
.
6
Paragraph 17 of Part IV of Schedule 4 shall be amended by —
a
omitting from the definition of “appropriate indicative rent level” the words “or Part II” and “and fuel”;
b
inserting, in the appropriate place, the following definition —
“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 ;
;
c
adding the following paragraph to the definition of “designated rent” —
c
in a case where a rent officer has determined a claim-related rent, that rent;
and
d
substituting for the definition of “ineligible amounts” the following definition —
“ineligible amounts” means —
in a case where the rent officer has determined a claim-related rent —
any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amounts ineligible for meals) ;
where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;
in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below, —
any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);
any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amounts ineligible for meals);
where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th June 2001
We consent,
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
28th June 2001


text:
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Provision of Grants) Regulations 2001 and shall come into force on 1st April 2001.
2
The Service may provide a grant to any person for the purpose of furthering the performance of any of its functions provided that the grant —
a
is used for no purpose other than furthering the performance of the Service’s functions; and
b
is not used to acquire land.
3
1
The Service shall provide a person with no more than one grant for each particular purpose in any one year.
2
The Service shall provide each grant for a period of no more than one year and this shall be known as the “grant period”.
3
The Service shall specify, when providing the grant, the date on which the grant period ends.
4
1
At the end of the grant period the person in receipt of the grant shall repay to the Service any amount of the grant that has not been expended.
2
If a person uses a grant for a purpose that is prohibited by regulation 2, the whole of the grant shall be repaid immediately.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 5th March 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Helath Act 1999 (Commencement No. 11) Order 2001.
2
In this Order, “ the Act ” means the Health Act 1999.
3
Article 2(3)(a) does not extend to Northern Ireland.
Appointed day
2
1
11th May 2001 is the day appointed for the coming into force of the provisions mentioned in the following paragraphs.
2
Section 60(3) of the Act in so far as it relates to —
a
section 10(5) of, and paragraph 7(4) of Schedule 1 to, the Nurses, Midwives and Health Visitors Act 1997 ;
b
the following provisions in the Professions Supplementary to Medicine Act 1960 —
i
paragraph 1(1) of the Second Schedule to the extent that it provides that, subject to sub-paragraph (2)(b), a person shall not be eligible for membership of the investigating committee or disciplinary committee set up by a board unless he is a member of that board; and
ii
paragraph 16(2) of the First Schedule to the extent that it provides that not more than one third of the members of a committee appointed by the Council or a board under paragraph 16(1) may be persons who are not members of the body appointing the committee.
3
In Schedule 2 to the Act (the Commission for Health Improvement) —
a
paragraphs 15 and 16; and
b
paragraphs 17 to 19,
in so far as they are not already in force.
4
In Schedule 4 to the Act (amendment of enactments), paragraphs 73 and 86, in so far as they are not already in force.
5
In Schedule 5 to the Act (repeals), the repeals relating to the provisions specified in paragraph (2) of this article, to the extent specified in that paragraph.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
7th May 2001