text:
PART I
PRELIMINARY
Citation, extent, commencement and interpretation
1
1
These Regulations, which extend to England only, may be cited as the Central Rating Lists (England) Regulations 2000 and shall come into force–
a
for all purposes other than those of regulation 11, on 27th March 2000, and
b
for the purposes of regulation 11, on 1st April 2000.
2
In these Regulations–
a
“the 1988 Act ” means the Local Government Finance Act 1988;
b
“the 1994 Regulations ” means the Non-Domestic Rating (Railways, Telecommunications and Canals) Regulations 1994 ;
c
“designated person” in relation to a central list compiled on or after 1st April 2000 means a person designated by regulation 3(1) of these Regulations;
d
“office premises” means any hereditament constructed or adapted as offices or for office purposes, or used wholly or mainly for such purposes;
e
“office purposes” includes the purposes of administration and clerical work and handling money; and “clerical work” includes writing, book-keeping, typing, filing, duplicating, sorting papers or information, calculating (whether by manual, mechanical or electronic means), drawing, and the editorial preparation of matter for publication;
f
“operational land”, in relation to a designated person, means land which is used for the purposes of carrying on that person’s undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purposes of carrying on of statutory undertakings (within the meaning of the Town and Country Planning Act 1990 ;
g
references to a central list are to a central non-domestic rating list for England; and
h
references to a hereditament are to a relevant non-domestic hereditament.
3
Any reference in these Regulations to a designated person by name is, unless the context otherwise requires, a reference to the company or body registered by or bearing that name on 1st January 2000.
4
Any reference in these Regulations to hereditaments used for any purpose includes a reference to hereditaments which are unused but in relation to which it appears that when next in use they will be used for such a purpose.
Application
2
These Regulations shall have effect in relation to a central list compiled on or after 1st April 2000.
PART II
CENTRAL LISTS: GENERAL
Designation of persons and description of hereditaments
3
1
For the purposes of section 53(1) of the 1988 Act–
a
there are hereby designated the persons named in the Schedule; and
b
there is hereby prescribed in relation to each such person the description of hereditament set out opposite the name of that person in the Schedule.
2
Regulation 6 of the Non-Domestic Rating (Miscellaneous Provisions) Regulations 1989 (cross-boundary hereditaments) shall not apply to any hereditament falling within any description in the Schedule.
Content of central rating lists — names and hereditaments
4
A central list shall show, for each day in each year for which that list is in force–
a
the name of each person designated by regulation 3; and
b
against each name, each hereditament situated in England which on the day concerned is occupied (or, if unoccupied, owned) by that person, and which falls within the description prescribed in relation to that person by that regulation.
Content of central rating lists — other information
5
1
A central list shall also show, against the name of each designated person–
a
where the person is a registered company, its registered office, and in any other case the person’s principal place of business within the United Kingdom;
b
where the person is a registered company, its registered number; and
c
the first day, if later than 1st April 2000, for which the rateable value shown in the list against the name of the designated person has effect.
2
A central list shall also show, where the list has been altered in pursuance of a direction by a tribunal, the name of the tribunal which gave the direction.
PART III
RAILWAY HEREDITAMENTS
Interpretation
6
In this Part–
“the 1993 Act ” means the Railways Act 1993 ;
“excepted hereditament” means a hereditament consisting of or comprising–
premises used as a shop, hotel, museum or place of public refreshment;
premises used wholly or mainly as office premises which are not situated on operational land of–
any person designated by regulation 3 and named in Part 4 of the Schedule, or
a licence exempt operator or licence holder;
premises or rights so let out as to be capable of separate assessment, other than those falling within regulation 7(1)(b) or 8(1)(b); or
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes;
“licence exempt operator” and “licence holder” have the meanings given by section 10(6) and section 83(1) respectively of the 1993 Act; and
“railway services” has the meaning given in section 82(1) of the 1993 Act.
Railtrack PLC
7
1
Anything which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is–
a
occupied by Railtrack PLC or, if unoccupied, owned by Railtrack PLC, or
b
let or licensed by Railtrack PLC to a licence exempt operator or a licence holder;
and in either case is–
i
used wholly or mainly for railway purposes; and
ii
not comprised in an excepted hereditament.
2
The hereditament described in paragraph (1) shall be treated as occupied by Railtrack PLC.
3
In this regulation “railway purposes” means the purposes of providing railway services or for purposes ancillary to those purposes (including the purposes of exhibiting advertisements).
London Underground Limited
8
1
Any hereditament which would (apart from these Regulations) be more than one hereditament shall be treated as one hereditament if it is–
a
occupied, or, if unoccupied, owned by London Underground Limited (“ LUL”); or
b
let or licensed by LUL (whether to Railtrack PLC, a subsidiary of LUL or any other person);
and in either case is–
i
used wholly or mainly for LUL purposes, and
ii
not comprised in an excepted hereditament.
2
The hereditament described in paragraph (1) shall be treated as occupied by LUL.
3
In this regulation “LUL purposes” means the purposes of the parts of LUL’s undertaking which are concerned with the carriage of goods or passengers by rail, or for purposes ancillary to those purposes (including the purpose of exhibiting advertisements).
Railway hereditaments: consequential
9
1
Subject to paragraph (2), regulation 3 of the 1994 Regulations is amended by the substitution for paragraphs (1) to (4) of the following–
1
In this regulation, “excepted hereditament” means a hereditament consisting of or comprising–
a
premises used as a shop, hotel, museum or place of public refreshment;
b
premises used wholly or mainly as office premises–
i
where paragraph (5) or (6) applies, which are occupied by the person named in that paragraph and which are not situated on operational land of that person or of another person designated by regulation 3 of, and named in Part 4 of the Schedule to, the Central Rating Lists (England) Regulations 2000; or
ii
where paragraph (7) or (8) applies, which are occupied by Greater Manchester Metro Limited or South Yorkshire Supertram Limited, as the case may be;
c
premises or rights so let out as to be capable of separate assessment; and
d
premises (other than premises used in connection with the collection and delivery of parcels, goods or merchandise conveyed or to be conveyed by rail) used wholly or in part for purposes concerned with the carriage of goods or passengers by road transport or sea transport or with harbours, or for purposes incidental to such purposes.
.
2
Nothing in this regulation affects the operation of the 1994 Regulations for the purposes of or for purposes connected with–
a
any alteration of a non-domestic rating list in force immediately before 1st April 2000; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
PART IV
TELECOMMUNICATION HEREDITAMENTS
Telecommunications: changes of name
10
In regulation 4 of the 1994 Regulations–
a
in paragraph (2), for “Mercury Communications Limited” there is substituted “ Cable and Wireless Communications (Mercury) Limited”;
b
in paragraph (3), for “BR Telecommunications Limited” there is substituted “ Racal Telecommunications Limited”; and
c
in paragraph (5), for “AT & T ( UK ) Limited” there is substituted “ AT & T Communications (UK) Limited”.
PART V
MISCELLANEOUS
Revocations and savings
11
1
Subject to paragraph (2), there are hereby revoked–
a
the Central Rating Lists Regulations 1994 ;
b
the Central Rating Lists (Amendment) Regulations 1996 .
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions mentioned in paragraph (1) shall continue to have effect for the purposes of or for purposes connected with–
a
any alteration of a list in force immediately before 1st April 2000; or
b
any provision made by regulations made under section 58 of the 1988 Act (special provision for 1995 onwards) as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
1st March 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Hertfordshire Hospitals National Health Service Trust (Establishment) Order 2000 and shall come into force on 23rd March 2000.
2
In this Order, unless the context otherwise requires–
“the Act” means the National Health Service and Community Care Act 1990;
“establishment date” means 23rd March 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Hertfordshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the West Hertfordshire Hospitals 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, hospital accommodation and services for the purposes of the health service at or from the following hospitals, establishments or facilities —
a
Watford General Hospital, Vicarage Road, Watford, Hertfordshire, WD1 8HB,
b
Hemel Hempstead General Hospital, Hillfield Road, Hemel Hempstead, Hertfordshire, HP2 4AD.
c
St. Albans City Hospital, Waverley Road, St. Albans, Hertfordshire, AL3 5TL
and at or from any associated hospitals, establishments and facilities.
Directors of the 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 of the trust shall be 1st April 2000.
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;
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
West Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding 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
Hunt
Parliamentary Under-Secretary of State,
Department of Health
13th March 2000


text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas (Amendment) (England) Regulations 2000 and shall come into force on 1st April 2000.
Amendment of the Dairy Produce Quotas Regulations 1997
2
The Dairy Produce Quotas Regulations 1997 shall be amended, in so far as they apply in England, in accordance with regulations 3 to 7 of these Regulations.
3
In regulation 2 (interpretation), in paragraph (1)–
a
in the definition of “the Council Regulation”, for the words “ Commission Regulation ( EC ) No. 1109/96 ” there shall be substituted the words “Council Regulation (EC) No. 1256/1999 ”;
b
in the definition of “Scottish Islands area”, sub-paragraph (a) shall be deleted.
4
In regulation 7 (transfer of quota with transfer of land)–
a
in paragraph (1), for sub-paragraph (a) there shall be substituted the following sub-paragraph–
a
a notice of transfer in such form as may reasonably be required by the Intervention Board–
i
in the case of a transfer made by lease before 1st March, on or before 1st March in the quota year in which the transfer takes place;
ii
in the case of a transfer made otherwise than by lease, on or before 31st March in the quota year in which the transfer takes place;
and in any case not later than 28 days after the change of occupation of the holding, or part of the holding; and
;
b
in paragraph (6), for the words “Where a transferee fails to submit the notice referred to in paragraph (1)(a) no later than seven working days after the end of the quota year in which the transfer takes place,” there shall be substituted the words–
Where a notice of transfer in the form required by the Intervention Board has not been submitted (in the case of a transfer made by lease) on or before 1st March or (in the case of a transfer made otherwise than by lease) on or before 31st March in the quota year in which the transfer takes place,
.
5
In regulation 11 (transfer of quota without transfer of land)–
a
in paragraph (1), for the words “the fifth indent of the first paragraph ” there shall be substituted the words “sub-paragraph (e)”;
b
in paragraph (5), for the words “no later than seven working days after the end of” there shall be substituted the words “not after 31st March in”.
6
In regulation 13 (temporary transfer of quota)–
a
in paragraph (1), the words “and subject to paragraph (5) below,” shall be deleted;
b
in paragraph (3), for the word “December” there shall be substituted the word “March”;
c
paragraph (5) shall be deleted.
7
In regulation 30 (powers of authorised officers)–
a
in paragraphs (2) and (3), after the word “holding” there shall be inserted the words “or any other premises of a relevant person”;
b
in paragraphs (4) and (5), for the word “producer” there shall be substituted the words “relevant person”;
c
after paragraph (5), there shall be inserted the following paragraph–
6
In this regulation, a “relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, or any person undertaking butterfat testing for purchasers in a laboratory.
.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
9th March 2000


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Divorce etc. (Pensions) Regulations 2000 and shall come into force on 1st December 2000.
2
These Regulations shall apply to any proceedings for divorce, judicial separation or nullity of marriage commenced on or after 1st December 2000, and any such proceedings commenced before that date shall be treated as if these Regulations had not come into force.
Interpretation
2
In these Regulations:
a
a reference to a section by number alone means the section so numbered in the Matrimonial Causes Act 1973;
b
“the 1984 Act ” means the Matrimonial and Family Proceedings Act 1984;
c
expressions defined in sections 21A and 25D(3) have the meanings assigned by those sections;
d
every reference to a rule by number alone means the rule so numbered in the Family Proceedings Rules 1991 .
Valuation
3
1
For the purposes of the court’s functions in connection with the exercise of any of its powers under Part II of the Matrimonial Causes Act 1973, benefits under a pension arrangement shall be calculated and verified in the manner set out in regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 , and —
a
the benefits shall be valued as at a date to be specified by the court (being not earlier than one year before the date of the petition and not later than the date on which the court is exercising its power);
b
in determining that value the court may have regard to information furnished by the person responsible for the pension arrangement pursuant to any of the provisions set out in paragraph (2); and
c
in specifying a date under sub-paragraph (a) above the court may have regard to the date specified in any information furnished as mentioned in sub-paragraph (b) above.
2
The relevant provisions for the purposes of paragraph (1)(b) above are:
a
the Pensions on Divorce etc. (Provision of Information) Regulations 2000;
b
regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996 ;
c
section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993 ;
d
section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 .
Pension attachment: notices
4
1
This regulation applies in the circumstances set out in section 25D(1)(a) (transfers of pension rights).
2
Where this regulation applies, the person responsible for the first arrangement shall give notice in accordance with the following paragraphs of this regulation to
a
the person responsible for the new arrangement, and
b
the other party.
3
The notice to the person responsible for the new arrangement shall include copies of the following documents:
a
every order made under section 23 imposing any requirement on the person responsible for the first arrangement in relation to the rights transferred;
b
any order varying such an order;
c
all information or particulars which the other party has been required to supply under any provision of rule 2.70 for the purpose of enabling the person responsible for the first arrangement: —
i
to provide information, documents or representations to the court to enable it to decide what if any requirement should be imposed on that person; or
ii
to comply with any order imposing such a requirement;
d
any notice given by the other party to the person responsible for the first arrangement under regulation 6;
e
where the pension rights under the first arrangement were derived wholly or partly from rights held under a previous pension arrangement, any notice given to the person responsible for the previous arrangement under paragraph (2) of this regulation on the occasion of that acquisition of rights.
4
The notice to the other party shall contain the following particulars:
a
the fact that the pension rights have been transferred;
b
the date on which the transfer takes effect;
c
the name and address of the person responsible for the new arrangement;
d
the fact that the order made under section 23 is to have effect as if it had been made in respect of the person responsible for the new arrangement.
5
Both notices shall be given:
a
within the period provided by section 99 of the Pension Schemes Act 1993 for the person responsible for the first arrangement to carry out what the member requires; and
b
before the expiry of 21 days after the person responsible for the first arrangement has made all required payments to the person responsible for the new arrangement.
Pension attachment: reduction in benefits
5
1
This regulation applies where:
a
an order under section 23 or under section 17 of the 1984 Act has been made by virtue of section 25B or 25C imposing any requirement on the person responsible for a pension arrangement;
b
an event has occurred which is likely to result in a significant reduction in the benefits payable under the arrangement, other than:
i
the transfer from the arrangement of all the rights of the party with pension rights in the circumstances set out in section 25D(1)(a), or
ii
a reduction in the value of assets held for the purposes of the arrangement by reason of a change in interest rates or other market conditions.
2
Where this regulation applies, the person responsible for the arrangement shall, within 14 days of the occurrence of the event mentioned in paragraph (1)(b), give notice to the other party of:
a
that event;
b
the likely extent of the reduction in the benefits payable under the arrangement.
3
Where the event mentioned in paragraph (1)(b) consists of a transfer of some but not all of the rights of the party with pension rights from the arrangement, the person responsible for the first arrangement shall, within 14 days of the transfer, give notice to the other party of the name and address of the person responsible for any pension arrangement under which the party with pension rights has acquired rights as a result of that event.
Pension attachment: change of circumstances
6
1
This regulation applies where:
a
an order under section 23 or under section 17 of the 1984 Act has been made by virtue of section 25B or 25C imposing any requirement on the person responsible for a pension arrangement; and
b
any of the events set out in paragraph (2) has occurred.
2
Those events are:
a
any of the particulars supplied by the other party under rule 2.70 for any purpose mentioned in regulation 4(3)(c) has ceased to be accurate; or
b
by reason of the remarriage of the other party or otherwise, the order has ceased to have effect.
3
Where this regulation applies, the other party shall, within 14 days of the event, give notice of it to the person responsible for the pension arrangement.
4
Where, because of the inaccuracy of the particulars supplied by the other party under rule 2.70 or because the other party has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the pension arrangement to make a payment to the other party as required by the order:
a
it may instead make that payment to the party with pension rights, and
b
it shall then be discharged of liability to the other party to the extent of that payment.
5
Where an event set out in paragraph (2)(b) has occurred and, because the other party has failed to give notice in accordance with paragraph (3), the person responsible for the pension arrangement makes a payment to the other party as required by the order:
a
its liability to the party with pension rights shall be discharged to the extent of that payment, and
b
the other party shall, within 14 days of the payment being made, make a payment to the party with pension rights to the extent of that payment.
Pension attachment: transfer of rights
7
1
This regulation applies where:
a
a transfer of rights has taken place in the circumstances set out in section 25D(1)(a);
b
notice has been given in accordance with regulation 4(2)(a) and (b);
c
any of the events set out in regulation 6(2) has occurred; and
d
the other party has not, before receiving notice under regulation 4(2)(b), given notice of that event to the person responsible for the first arrangement under regulation 6(3).
2
Where this regulation applies, the other party shall, within 14 days of the event, give notice of it to the person responsible for the new arrangement.
3
Where, because of the inaccuracy of the particulars supplied by the other party under rule 2.70 for any purpose mentioned in regulation 4(3)(c) or because the other party has failed to give notice of their having ceased to be accurate, it is not reasonably practicable for the person responsible for the new arrangement to make a payment to the other party as required by the order:
a
it may instead make that payment to the party with pension rights, and
b
it shall then be discharged of liability to the other party to the extent of that payment.
4
Subject to paragraph (5), where this regulation applies and the other party, within one year from the transfer, gives to the person responsible for the first arrangement notice of the event set out in regulation 6(2) in purported compliance with regulation 7(2), the person responsible for the first arrangement shall:
a
send that notice to the person responsible for the new arrangement, and
b
give the other party a second notice under regulation 4(2)(b);
and the other party shall be deemed to have given notice under regulation 7(2) to the person responsible for the new arrangement.
5
Upon complying with paragraph (4) above, the person responsible for the first arrangement shall be discharged from any further obligation under regulation 4 or 7(4), whether in relation to the event in question or any further event set out in regulation 6(2) which may be notified to it by the other party.
Service
8
A notice under regulation 4, 5, 6 or 7 may be sent by fax or by ordinary first class post to the last known address of the intended recipient and shall be deemed to have been received on the seventh day after the day on which it was sent.
Pension sharing order not to take effect pending appeal
9
1
No pension sharing order under section 24B or variation of a pension sharing order under section 31 shall take effect earlier than 7 days after the end of the period for filing notice of appeal against the order.
2
The filing of a notice of appeal within the time allowed for doing so prevents the order taking effect before the appeal has been dealt with.
Revocation
10
The Divorce etc. (Pensions) Regulations 1996 and the Divorce etc. (Pensions) (Amendment) Regulations 1997 are revoked.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Date 14th April 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2000, and shall come into force on 15th May 2000.
Amendment
2
For Regulation 9 of the Education (School Performance Information) (England) Regulations 1999 , there shall be substituted —
Provision of information about authorised and unauthorised absence to the Secretary of State
9
1
Subject to paragraph (2), the governing body of every maintained school and the proprietor of every non-maintained special school or independent school shall, within two weeks of receiving a written request by the Secretary of State, provide him with the information for the reporting school year specified in Schedule 4.
2
This regulation does not apply in respect of a school providing education for boarding pupils only.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
17th April 2000


text:
1
This Order may be cited as the Food Standards Act 1999 (Commencement No. 2) Order 2000.
2
All provisions of the Food Standards Act 1999 which are not already in force, or which are in force for a particular purpose only, or in relation to Scotland and Wales only, shall come into force or, as the case may be, come into force for all other purposes, or in relation to England and Northern Ireland as well, on 1st April 2000.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State for Health,
Department of Health
7th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Justices of the Peace (Commission Areas) (Amendment) Order 2000 and shall come into force on 1st April 2000.
2
In this Order “ MCC ” means magistrates' courts committee.
Commission areas
2
For the Schedule to the Justices of the Peace (Commission Areas) Order 1999 there shall be substituted the Schedule to this Order.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 9th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Manchester Primary Care Trust (Establishment) Order 2000 and shall come into force on 31st July 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Central Manchester 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 Central Manchester 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, five officer members and five 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
two 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 October 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Manchester 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 Manchester 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 Mancunian Community Health 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
19th July 2000


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Contaminated Land (England) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations extend to England only.
3
In these Regulations, unless otherwise indicated, any reference to a numbered section is to the section of the Environmental Protection Act 1990 which bears that number.
Land required to be designated as a special site
2
1
Contaminated land of the following descriptions is prescribed for the purposes of section 78C(8) as land required to be designated as a special site–
a
land to which regulation 3 applies;
b
land which is contaminated land by reason of waste acid tars in, on or under the land;
c
land on which any of the following activities have been carried on at any time–
i
the purification (including refining) of crude petroleum or of oil extracted from petroleum, shale or any other bituminous substance except coal; or
ii
the manufacture or processing of explosives;
d
land on which a prescribed process designated for central control has been or is being carried on under an authorisation where the process does not comprise solely things being done which are required by way of remediation;
e
land within a nuclear site;
f
land owned or occupied by or on behalf of–
i
the Secretary of State for Defence;
ii
the Defence Council;
iii
an international headquarters or defence organisation; or
iv
the service authority of a visiting force,
being land used for naval, military or air force purposes;
g
land on which the manufacture, production or disposal of–
i
chemical weapons;
ii
any biological agent or toxin which falls within section 1(1)(a) of the Biological Weapons Act 1974 (restriction on development of biological agents and toxins) ; or
iii
any weapon, equipment or means of delivery which falls within section 1(1)(b) of that Act (restriction on development of biological weapons), has been carried on at any time;
h
land comprising premises which are or were designated by the Secretary of State by an order made under section 1(1) of the Atomic Weapons Establishment Act 1991 (arrangements for development etc of nuclear devices) ;
i
land to which section 30 of the Armed Forces Act 1996 (land held for the benefit of Greenwich Hospital) applies; and
j
land which–
i
is adjoining or adjacent to land of a description specified in sub-paragraphs (b) to (i) above; and
ii
is contaminated land by virtue of substances which appear to have escaped from land of such a description.
2
For the purposes of paragraph (1)(b) above, “waste acid tars” are tars which–
a
contain sulphuric acid;
b
were produced as a result of the refining of benzole, used lubricants or petroleum; and
c
are or were stored on land used as a retention basin for the disposal of such tars.
3
In paragraph (1)(d) above, “authorisation” and “prescribed process ” have the same meaning as in Part I of the Environmental Protection Act 1990 (integrated pollution control and air pollution control by local authorities) and the reference to designation for central control is a reference to designation under section 2(4) (which provides for processes to be designated for central or local control).
4
In paragraph (1)(e) above, “nuclear site” means–
a
any site in respect of which, or part of which, a nuclear site licence is for the time being in force; or
b
any site in respect of which, or part of which, after the revocation or surrender of a nuclear site licence, the period of responsibility of the licensee has not come to an end;
and “nuclear site licence”, “licensee” and “period of responsibility ” have the meaning given by the Nuclear Installations Act 1965 .
5
For the purposes of paragraph (1)(f) above, land used for residential purposes or by the Navy, Army and Air Force Institutes shall be treated as land used for naval, military or air force purposes only if the land forms part of a base occupied for naval, military or air force purposes.
6
In paragraph (1)(f) above–
“international headquarters” and “defence organisation” mean, respectively, any international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964 ;
“service authority” and “visiting force” have the same meaning as in Part I of the Visiting Forces Act 1952 .
7
In paragraph (1)(g) above, “chemical weapon” has the same meaning as in subsection (1) of section 1 of the Chemical Weapons Act 1996 disregarding subsection (2) of that section.
Pollution of controlled waters
3
For the purposes of regulation 2(1)(a), this regulation applies to land where–
a
controlled waters which are, or are intended to be, used for the supply of drinking water for human consumption are being affected by the land and, as a result, require a treatment process or a change in such a process to be applied to those waters before use, so as to be regarded as wholesome within the meaning of Part III of the Water Industry Act 1991 (water supply) ;
b
controlled waters are being affected by the land and, as a result, those waters do not meet or are not likely to meet the criterion for classification applying to the relevant description of waters specified in regulations made under section 82 of the Water Resources Act 1991 (classification of quality of waters) ; or
c
controlled waters are being affected by the land and–
i
any of the substances by reason of which the pollution of the waters is being or is likely to be caused falls within any of the families or groups of substances listed in paragraph 1 of Schedule 1 to these Regulations; and
ii
the waters, or any part of the waters, are contained within underground strata which comprise wholly or partly any of the formations of rocks listed in paragraph 2 of Schedule 1 to these Regulations.
Content of remediation notices
4
1
A remediation notice shall state (in addition to the matters required by section 78E(1) and (3))–
a
the name and address of the person on whom the notice is served;
b
the location and extent of the contaminated land to which the notice relates (in this regulation referred to as the “contaminated land in question”), sufficient to enable it to be identified whether by reference to a plan or otherwise;
c
the date of any notice which was given under section 78B to the person on whom the remediation notice is served identifying the contaminated land in question as contaminated land;
d
whether the enforcing authority considers the person on whom the notice is served is an appropriate person by reason of–
i
having caused or knowingly permitted the substances, or any of the substances, by reason of which the contaminated land in question is contaminated land, to be in, on or under that land;
ii
being the owner of the contaminated land in question; or
iii
being the occupier of the contaminated land in question;
e
particulars of the significant harm or pollution of controlled waters by reason of which the contaminated land in question is contaminated land;
f
the substances by reason of which the contaminated land in question is contaminated land and, if any of the substances have escaped from other land, the location of that other land;
g
the enforcing authority’s reasons for its decisions as to the things by way of remediation that the appropriate person is required to do, which shall show how any guidance issued by the Secretary of State under section 78E(5) has been applied;
h
where two or more persons are appropriate persons in relation to the contaminated land in question–
i
that this is the case;
ii
the name and address of each such person; and
iii
the thing by way of remediation for which each such person bears responsibility;
i
where two or more persons would, apart from section 78F(6), be appropriate persons in relation to any particular thing which is to be done by way of remediation, the enforcing authority’s reasons for its determination as to whether any, and if so which, of them is to be treated as not being an appropriate person in relation to that thing, which shall show how any guidance issued by the Secretary of State under section 78F(6) has been applied;
j
where the remediation notice is required by section 78E(3) to state the proportion of the cost of a thing which is to be done by way of remediation which each of the appropriate persons in relation to that thing is liable to bear, the enforcing authority’s reasons for the proportion which it has determined, which shall show how any guidance issued by the Secretary of State under section 78F(7) has been applied;
k
where known to the enforcing authority, the name and address of–
i
the owner of the contaminated land in question; and
ii
any person who appears to the enforcing authority to be in occupation of the whole or any part of the contaminated land in question;
l
where known to the enforcing authority, the name and address of any person whose consent is required under section 78G(2) before any thing required by the remediation notice may be done;
m
where the notice is to be served in reliance on section 78H(4), that it appears to the enforcing authority that the contaminated land in question is in such a condition, by reason of substances in, on or under the land, that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused;
n
that a person on whom a remediation notice is served may be guilty of an offence for failure, without reasonable excuse, to comply with any of the requirements of the notice;
o
the penalties which may be applied on conviction for such an offence ;
p
the name and address of the enforcing authority serving the notice; and
q
the date of the notice.
2
A remediation notice shall explain–
a
that a person on whom it is served has a right of appeal against the notice under section 78L;
b
how, within what period and on what grounds an appeal may be made; and
c
that a notice is suspended, where an appeal is duly made, until the final determination or abandonment of the appeal.
Service of copies of remediation notices
5
1
Subject to paragraph (2) below, the enforcing authority shall, at the same time as it serves a remediation notice, send a copy of it to each of the following persons, not being a person on whom the notice is to be served–
a
any person who was required to be consulted under section 78G(3) before service of the notice;
b
any person who was required to be consulted under section 78H(1) before service of the notice;
c
where the local authority is the enforcing authority, the Environment Agency; and
d
where the Environment Agency is the enforcing authority, the local authority in whose area the contaminated land in question is situated.
2
Where it appears to the enforcing authority that the contaminated land in question is in such a condition by reason of substances in, on or under it that there is imminent danger of serious harm, or serious pollution of controlled waters, being caused, the enforcing authority shall send any copies of the notice pursuant to paragraph (1) above as soon as practicable after service of the notice.
Compensation for rights of entry etc.
6
Schedule 2 to these Regulations shall have effect–
a
for prescribing the period within which a person who grants, or joins in granting, any rights pursuant to section 78G(2) may apply for compensation for the grant of those rights;
b
for prescribing the manner in which, and the person to whom, such an application may be made; and
c
for prescribing the manner in which the amount of such compensation shall be determined and for making further provision relating to such compensation.
Grounds of appeal against a remediation notice
7
1
The grounds of appeal against a remediation notice under section 78L(1) are any of the following–
a
that, in determining whether any land to which the notice relates appears to be contaminated land, the local authority–
i
failed to act in accordance with guidance issued by the Secretary of State under section 78A(2), (5) or (6); or
ii
whether by reason of such a failure or otherwise, unreasonably identified all or any of the land to which the notice relates as contaminated land;
b
that, in determining a requirement of the notice, the enforcing authority–
i
failed to have regard to guidance issued by the Secretary of State under section 78E(5); or
ii
whether by reason of such a failure or otherwise, unreasonably required the appellant to do any thing by way of remediation;
c
that the enforcing authority unreasonably determined the appellant to be the appropriate person who is to bear responsibility for any thing required by the notice to be done by way of remediation;
d
subject to paragraph (2) below, that the enforcing authority unreasonably failed to determine that some person in addition to the appellant is an appropriate person in relation to any thing required by the notice to be done by way of remediation;
e
that, in respect of any thing required by the notice to be done by way of remediation, the enforcing authority failed to act in accordance with guidance issued by the Secretary of State under section 78F(6);
f
that, where two or more persons are appropriate persons in relation to any thing required by the notice to be done by way of remediation, the enforcing authority–
i
failed to determine the proportion of the cost stated in the notice to be the liability of the appellant in accordance with guidance issued by the Secretary of State under section 78F(7); or
ii
whether, by reason of such a failure or otherwise, unreasonably determined the proportion of the cost that the appellant is to bear;
g
that service of the notice contravened a provision of subsection (1) or (3) of section 78H (restrictions and prohibitions on serving remediation notices) other than in circumstances where section 78H(4) applies;
h
that, where the notice was served in reliance on section 78H(4) without compliance with section 78H(1) or (3), the enforcing authority could not reasonably have taken the view that the contaminated land in question was in such a condition by reason of substances in, on or under the land, that there was imminent danger of serious harm, or serious pollution of controlled waters, being caused;
i
that the enforcing authority has unreasonably failed to be satisfied, in accordance with section 78H(5)(b), that appropriate things are being, or will be, done by way of remediation without service of a notice;
j
that any thing required by the notice to be done by way of remediation was required in contravention of a provision of section 78J (restrictions on liability relating to the pollution of controlled waters);
k
that any thing required by the notice to be done by way of remediation was required in contravention of a provision of section 78K (liability in respect of contaminating substances which escape to other land);
l
that the enforcing authority itself has power, in a case falling within section 78N(3)(b), to do what is appropriate by way of remediation;
m
that the enforcing authority itself has power, in a case falling within section 78N(3)(e), to do what is appropriate by way of remediation;
n
that the enforcing authority, in considering for the purposes of section 78N(3)(e), whether it would seek to recover all or a portion of the cost incurred by it in doing some particular thing by way of remediation–
i
failed to have regard to any hardship which the recovery may cause to the person from whom the cost is recoverable or to any guidance issued by the Secretary of State for the purposes of section 78P(2); or
ii
whether by reason of such a failure or otherwise, unreasonably determined that it would decide to seek to recover all of the cost;
o
that, in determining a requirement of the notice, the enforcing authority failed to have regard to guidance issued by the Environment Agency under section 78V(1);
p
that a period specified in the notice within which the appellant is required to do anything is not reasonably sufficient for the purpose;
q
that the notice provides for a person acting in a relevant capacity to be personally liable to bear the whole or part of the cost of doing any thing by way of remediation, contrary to the provisions of section 78X(3)(a);
r
that service of the notice contravened a provision of section 78YB (interaction of Part IIA of the Environmental Protection Act 1990 with other enactments), and–
i
in a case where subsection (1) of that section is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of the Environment Agency under section 27 might be exercised;
ii
in a case where subsection (3) of section 78YB is relied on, that it ought reasonably to have appeared to the enforcing authority that the powers of a waste regulation authority or waste collection authority under section 59 might be exercised; or
s
that there has been some informality, defect or error in, or in connection with, the notice, in respect of which there is no right of appeal under the grounds set out in sub-paragraphs (a) to (r) above.
2
A person may only appeal on the ground specified in paragraph (1)(d) above in a case where–
a
the enforcing authority has determined that he is an appropriate person by virtue of subsection (2) of section 78F and he claims to have found some other person who is an appropriate person by virtue of that subsection;
b
the notice is served on him as the owner or occupier for the time being of the contaminated land in question and he claims to have found some other person who is an appropriate person by virtue of that subsection; or
c
the notice is served on him as the owner or occupier for the time being of the contaminated land in question, and he claims that some other person is also an owner or occupier for the time being of the whole or part of that land.
3
If and in so far as an appeal against a remediation notice is based on the ground of some informality, defect or error in, or in connection with, the notice, the appellate authority shall dismiss the appeal if it is satisfied that the informality, defect or error was not a material one.
Appeals to a magistrates' court
8
1
An appeal under section 78L(1) to a magistrates' court against a remediation notice shall be by way of complaint for an order and, subject to section 78L(2) and (3) and regulations 7(3), 12 and 13, the Magistrates' Courts Act 1980 shall apply to the proceedings.
2
An appellant shall, at the same time as he makes a complaint,–
a
file a notice (“notice of appeal”) and serve a copy of it on–
i
the enforcing authority;
ii
any person named in the remediation notice as an appropriate person;
iii
any person named in the notice of appeal as an appropriate person; and
iv
any person named in the remediation notice as the owner or occupier of the whole or any part of the land to which the notice relates;
b
file a copy of the remediation notice to which the appeal relates and serve a copy of it on any person named in the notice of appeal as an appropriate person who was not so named in the remediation notice; and
c
file a statement of the names and addresses of any persons falling within paragraph (ii), (iii) or (iv) of sub-paragraph (a) above.
3
The notice of appeal shall state the appellant’s name and address and the grounds on which the appeal is made.
4
On an appeal under section 78L(1) to a magistrates' court–
a
the justices' clerk or the court may give, vary or revoke directions for the conduct of proceedings, including–
i
the timetable for the proceedings;
ii
the service of documents;
iii
the submission of evidence; and
iv
the order of speeches;
b
any person falling within paragraph (2)(a)(ii), (iii) or (iv) above shall be given notice of, and an opportunity to be heard at, the hearing of the complaint and any hearing for directions, in addition to the appellant and the enforcing authority; and
c
the court may refuse to grant a request by the appellant to abandon his appeal against a remediation notice, where the request is made after the court has notified the appellant in accordance with regulation 12(1) of a proposed modification of that notice.
5
Rule 15 of the Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 (delegation by justices' clerk) shall apply for the purposes of an appeal under section 78L(1) to a magistrates' court as it applies for the purposes of Part II of those Rules.
6
In this regulation, “file” means deposit with the justices' clerk.
Appeals to the Secretary of State
9
1
An appeal to the Secretary of State against a remediation notice shall be made to him by a notice (“notice of appeal”) which shall state–
a
the name and address of the appellant;
b
the grounds on which the appeal is made; and
c
whether the appellant wishes the appeal to be in the form of a hearing or to be disposed of on the basis of written representations.
2
The appellant shall, at the same time as he serves a notice of appeal on the Secretary of State,–
a
serve a copy of it on–
i
the Environment Agency;
ii
any person named in the remediation notice as an appropriate person;
iii
any person named in the notice of appeal as an appropriate person; and
iv
any person named in the remediation notice as the owner or occupier of the whole or any part of the land to which the notice relates;
and serve on the Secretary of State a statement of the names and addresses of any persons falling within paragraph (ii), (iii) or (iv) above; and
b
serve a copy of the remediation notice to which the appeal relates on the Secretary of State and on any person named in the notice of appeal as an appropriate person who is not so named in the remediation notice.
3
Subject to paragraph (5) below, if the appellant wishes to abandon an appeal, he shall do so by notifying the Secretary of State in writing and the appeal shall be treated as abandoned on the date the Secretary of State receives that notification.
4
The Secretary of State may refuse to permit an appellant to abandon his appeal against a remediation notice where the notification by the appellant in accordance with paragraph (3) above is received by the Secretary of State at any time after the Secretary of State has notified the appellant in accordance with regulation 12(1) of a proposed modification of that notice.
5
Where an appeal is abandoned, the Secretary of State shall give notice of the abandonment to any person on whom the appellant was required to serve a copy of the notice of appeal.
Hearings and local inquiries
10
1
Before determining an appeal, the Secretary of State may, if he thinks fit–
a
cause the appeal to take or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held, or held to any extent, in private); or
b
cause a local inquiry to be held,
and the Secretary of State shall act as mentioned in sub-paragraph (a) or (b) above if a request is made by either the appellant or the Environment Agency to be heard with respect to the appeal.
2
The persons entitled to be heard at a hearing are–
a
the appellant;
b
the Environment Agency; and
c
any person (other than the Agency) on whom the appellant was required to serve a copy of the notice of appeal.
3
Nothing in paragraph (2) above shall prevent the person appointed to conduct the hearing of the appeal from permitting any other person to be heard at the hearing and such permission shall not be unreasonably withheld.
4
After the conclusion of a hearing, the person appointed to conduct the hearing shall, unless he has been appointed under section 114(1)(a) of the Environment Act 1995 (power of Secretary of State to delegate his functions of determining appeals) to determine the appeal, make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
Notification of Secretary of State’s decision on an appeal
11
1
The Secretary of State shall notify the appellant in writing of his decision on an appeal and shall provide him with a copy of any report mentioned in regulation 10(4).
2
The Secretary of State shall, at the same time as he notifies the appellant, send a copy of the documents mentioned in paragraph (1) above to the Environment Agency and to any other person on whom the appellant was required to serve a copy of the notice of appeal.
Modification of a remediation notice
12
1
Before modifying a remediation notice under section 78L(2)(b) in any respect which would be less favourable to the appellant or any other person on whom the notice was served, the appellate authority shall–
a
notify the appellant and any persons on whom the appellant was required to serve a copy of the notice of appeal of the proposed modification;
b
permit any persons so notified to make representations in relation to the proposed modification; and
c
permit the appellant or any other person on whom the remediation notice was served to be heard if any such person so requests.
2
Where, in accordance with paragraph (1) above, the appellant or any other person is heard, the enforcing authority shall also be entitled to be heard.
Appeals to the High Court
13
An appeal against any decision of a magistrates' court in pursuance of an appeal under section 78L(1) shall lie to the High Court at the instance of any party to the proceedings in which the decision was given (including any person who exercised his entitlement under regulation 8(4)(b) to be heard at the hearing of the complaint).
Suspension of a remediation notice
14
1
Where an appeal is duly made against a remediation notice, the notice shall be of no effect pending the final determination or abandonment of the appeal.
2
An appeal against a remediation notice is duly made for the purposes of this regulation if it is made within the period specified in section 78L(1) and the requirements of regulation 8(2) and (3) (in the case of an appeal to a magistrates' court) or regulation 9(1) and (2) (in the case of an appeal to the Secretary of State) have been complied with.
Registers
15
1
Schedule 3 to these Regulations shall have effect for prescribing–
a
for the purposes of subsection (1) of section 78R, the particulars of or relating to the matters to be contained in a register maintained under that section; and
b
other matters in respect of which such a register shall contain prescribed particulars pursuant to section 78R(1)(l).
2
The following descriptions of information are prescribed for the purposes of section 78R(2) as information to be contained in notifications for the purposes of section 78R(1)(h) and (j)–
a
the location and extent of the land sufficient to enable it to be identified;
b
the name and address of the person who it is claimed has done each of the things by way of remediation;
c
a description of any thing which it is claimed has been done by way of remediation; and
d
the period within which it is claimed each such thing was done.
3
The following places are prescribed for the purposes of subsection (8) of section 78R as places at which any registers or facilities for obtaining copies shall be available or afforded to the public in pursuance of paragraph (a) or (b) of that subsection–
a
where the enforcing authority is the local authority, its principal office; and
b
where the enforcing authority is the Environment Agency, its office for the area in which the contaminated land in question is situated.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd February 2000


text:
Citation, commencement and extent
1
1
This Order may be cited as the Deregulation (Sunday Dancing) Order 2000.
2
This Order shall come into force at the end of one week beginning with the day on which it is made.
3
This Order does not extend to Scotland or Northern Ireland.
Dancing on Sundays
2
The entertainments and amusements to which the Sunday Observance Act 1780 applies do not include dancing by members of the public or any musical or other accompaniment to such dancing.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
21st December 2000


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Notification of Authorisations etc.) Order 2000 and shall come into force on 25th September 2000.
Interpretation
2
In this Order —
“the 2000 Act ” means the Regulation of Investigatory Powers Act 2000;
“authorisation” means a police or customs authorisation for the carrying out of intrusive surveillance;
“ Commissioner ” means an ordinary Surveillance Commissioner; and
“notice to a Commissioner” means the notice required to be given under section 35(1) of the 2000 Act.
Notice of authorisation
3
Where a person grants an authorisation, the notice to a Commissioner shall, in addition to the statement required by section 35(3) of the 2000 Act , specify the following matters:
a
the grounds on which he believes the matters specified in section 32(2)(a) and (b) of the 2000 Act;
b
the nature of the authorised conduct including the residential premises or private vehicle in relation to which the conduct is authorised and the identity, where known, of persons to be the subject of the authorised conduct; and
c
whether the conduct to be authorised is likely to lead to intrusion on the privacy of persons other than any person who is to be the subject of that conduct.
Notice of renewal of authorisation
4
Where a person renews an authorisation, the notice to a Commissioner shall, in addition to the statement required by section 35(3) of the 2000 Act, specify the following matters:
a
whether the authorisation is being renewed for the first time, or, where it has been previously renewed, each occasion on which it has been renewed;
b
the matters required by article 3, as they apply at the time of notice of renewal;
c
every respect in which the information provided in the previous notice has changed;
d
the reason why it is considered to be necessary to renew the authorisation;
e
the content, and value to the investigation, of the information obtained to date by the conduct authorised;
f
the results of any reviews of the authorisation and
g
the period for which the authorisation is considered likely to continue to be necessary.
Notice of cancellation of authorisation
5
Where a person cancels an authorisation, the notice to a Commissioner shall specify the following matters:
a
the date and time when he gave the instructions to cease the conduct authorised;
b
the reasons for cancelling the authorisation;
c
the outcome of the investigation to which the authorisation related, and details of any criminal proceedings instituted or intended to be instituted; and
d
what arrangements have been made for the storage of material obtained as a result of the conduct authorised, for its review and its destruction when its retention is no longer required, and for the immediate destruction of any material unrelated to the purposes for which the conduct was authorised.
Charles Clarke
Minister of State
Home Office
20th September 2000


text:
1
These Regulations may be cited as the Individual Learning Accounts (Separate Employers under the Crown) Regulations 2000 and shall come into force on 21st August 2000.
2
1
For the purposes of section 200G of the Income and Corporation Taxes Act 1988, Crown servants mentioned in paragraphs (2) and (3) shall be treated as holding office or employment in accordance with those paragraphs.
2
Any Crown servant who is in —
a
employment under or for the purposes of a Government department,
b
service as a member of staff of the Scottish Administration, or holds an office in that Administration which is not a ministerial office,
c
service as a member of the staff of the National Assembly for Wales,
d
employment under or for the purposes of a Northern Ireland department, or
e
service as a member of staff of the Northern Ireland Assembly,
shall be treated as holding office or employment under the organisation concerned.
3
Service as a member of —
a
the Royal Navy and Royal Marines,
b
the Military Forces of the Crown, or
c
the Regular Air Force,
shall be treated as employment of the organisation concerned (and each of those organisations shall be treated as an entity for the purposes of these Regulations).
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Pension Sharing (Contracting-out) (Consequential Amendments) Regulations 2000 and shall come into force on 1st December 2000.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of “overseas scheme” there shall be inserted the following definition:
“pension debit” means a debit under section 29(1)(a) of the Welfare Reform and Pensions Act 1999;
;
b
after the definition of “principal appointed day” there shall be inserted the following definitions:
“relevant transferee” means any person for whose benefit an order or provision is made by virtue of which section 29 of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits) applies, where the order or provision relates to the rights of another person who is a member of the scheme;
“safeguarded rights” has the same meaning as in section 68A of the 1993 Act ;
.
3
In regulation 20 (trivial commutation of benefits derived from section 9(2B) rights) —
a
after the words “earner’s section 9(2B) rights” there shall be inserted the words “or a relevant transferee’s safeguarded rights”; and
b
in paragraph (b) for the words “payable to the earner” there shall be substituted the words “, or safeguarded rights, payable to the earner or, as the case may be, to the relevant transferee”.
4
In regulation 23 (requirements for meeting the statutory standard), in paragraph (d) for the words from “in respect of” to the end of the paragraph there shall be substituted the words
in respect of —
i
earners who are not in contracted-out employment, or
ii
safeguarded rights;
.
5
In regulation 39 (circumstances in which schemes may change mode of contracting-out) —
a
in paragraph (1) after the words “protected rights” there shall be inserted the words “and any safeguarded rights”; and
b
in paragraph (2) for the words “and section 9(2B) rights” there shall be substituted the words “, section 9(2B) rights and any safeguarded rights”.
6
In regulation 73 (transitional arrangements and savings for salary related schemes which have begun winding up before the principal appointed day), in paragraph (b) after the words “1993 Act” there shall be inserted the words “and any liabilities in respect of safeguarded rights under section 68A of that Act”.
7
In regulation 76A (transitional arrangements for schemes contracted-out under section 9(2) of the Pension Schemes Act 1993 to become contracted-out under section 9(3) of that Act) for paragraph (3) there shall be substituted the following paragraph:
3
Where this regulation applies —
a
sections 50, 52 and 53 of that Act (approval of arrangements for, and supervision of, schemes which cease to be contracted-out) as they apply in relation to the guaranteed minimum pensions provided under the scheme; and
b
sections 50 and 52 of that Act as they apply in relation to safeguarded rights under the scheme,
shall be modified so as to have effect as if those pensions were provided or, as the case may be, those rights were conferred under a separate scheme which had ceased to be certified as a contracted-out scheme immediately before the principal appointed day.
.
Amendment of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996
3
In regulation 4 of the Occupational Pension Schemes (Mixed Benefit Contracted-out Schemes) Regulations 1996 (transfers between parts of a relevant scheme) —
a
in paragraph (1) after sub-paragraph (b) there shall be inserted the following sub-paragraph:
c
Part III of the Pension Sharing (Pension Credit Benefit) Regulations 2000 .
;
b
in paragraph (2) —
i
after the words “or accrued section 9(2B) rights” there shall be inserted the words “or the safeguarded rights of a relevant transferee”,
ii
in sub-paragraph (b) after the word “earner” there shall be inserted the words “or, as the case may be, the relevant transferee”, and
iii
in sub-paragraph (c) for the words “or section 9(2B) rights” there shall be substituted the words “, section 9(2B) rights or, as the case may be, safeguarded rights”; and
c
after paragraph (2) there shall be added the following paragraph:
3
In paragraph (2) above —
“relevant transferee” means any person for whose benefit an order or provision is made by virtue of which section 29 of the Welfare Reform and Pensions Act 1999 applies, where that order or provision relates to the rights of a person who is a member of the scheme; and
“safeguarded rights” has the same meaning as in section 68A of the 1993 Act.
.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
4
In regulation 8 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (applications for variation of, and to surrender, appropriate scheme certificates) —
a
in paragraph (2) after sub-paragraph (b) there shall be inserted the words —
and
c
any relevant transferee who has safeguarded rights under the scheme,
; and
b
after paragraph (2) there shall be inserted the following paragraph:
2A
In paragraph (2)(c) above —
“relevant transferee” means any person for whose benefit an order or provision is made by virtue of which section 29 of the Welfare Reform and Pensions Act 1999 applies, where that order or provision relates to the rights of a person who is a member of the scheme; and
“safeguarded rights” has the same meaning as in section 68A of the 1993 Act.
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
5th November 2000


text:
Citation, commencement and extent
1
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance and Accounts) (England) Regulations 2000.
2
These Regulations shall come into force on 1st April 2001.
Amendment of the Local Authorities (Capital Finance) Regulations 1997
2
1
The Local Authorities (Capital Finance) Regulations 1997 shall be amended as follows:
2
Insert the following regulation after regulation 12 —
Expenditure not required to be charged to a revenue account — expenditure for capital purposes on property within the Housing Revenue Account
12A
Expenditure which —
a
is expenditure for capital purposes in respect of any land, houses or other property to which section 74(1) of the Act (duty to keep Housing Revenue Account) for the time being applies;
b
does not fall within either section 42(2)(a) to (i) of the Act or regulation 12; and
c
but for this regulation, would be required to be carried to the debit of the Housing Revenue Account of the authority under item 2(a) of Part II of Schedule 4 to the Act,
shall be expenditure falling within section 42(2).
.
3
Insert the following regulation after regulation 59 —
Disposal of mortgage portfolio
59A
A sum received by a local authority in respect of the disposal of the authority’s rights and obligations as mortgagee of any land, house or other real property, if it is not a capital receipt by virtue of section 58(1) (capital receipts), shall be a capital receipt.
.
Amendment of the Accounts and Audit Regulations 1996
3
Insert the following paragraph after paragraph (4) of regulation 6 of the Accounts and Audit Regulations 1996 ;
4A
In the case of a local authority which is required by section 74 of the Local Government and Housing Act 1989 (“the 1989 Act ”) to keep a Housing Revenue Account, the statement of accounts required by paragraph (1) shall include also an account in respect of a reserve for major repairs to property of the authority to which section 74(1) of the 1989 Act for the time being applies (to be called a major repairs reserve), showing in particular both:
a
a debit in respect of expenditure which is —
i
excluded from the obligation in section 41(1) of the 1989 Act because of regulation 12A of the Local Authorities (Capital Finance) Regulations 1997, and
ii
not carried to the debit of the Housing Revenue Account of the authority under item 2(b) of Part II of Schedule 4 to the 1989 Act; and
b
a credit of an amount in respect of any charge for depreciation included in the Housing Revenue Account under item 8 of Part II of Schedule 4 to the 1989 Act.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
11th December 2000


text:
Citation and commencement
1
This Order may be cited as the London Development Agency (Transitional Provisions) Order 2000 and shall come into force on 3rd July 2000.
Modification of the Regional Development Agencies Act 1998
2
The Regional Development Agencies Act 1998 shall apply in relation to the London Development Agency with the following modifications —
a
section 2 shall apply as if the following subsection were added —
12
This section is subject to Schedule 2A (which makes transitional provisions for the purposes of the London Development Agency).
;
b
the Act shall apply as if the following Schedule were inserted after Schedule 2 (constitution of agencies) —
SCHEDULE 2A
TRANSITIONAL PROVISIONS FOR THE LONDON DEVELOPMENT AGENCY
section 2(12)
1
Until the day on which at least 8 members of the agency appointed by the Mayor under section 2(1) take office, the London Development Agency shall consist of not less than 2 and not more than 4 members appointed by the Secretary of State (“the interim members”), and the Secretary of State shall designate one of those members as chairman of the agency.
2
Subject to paragraph 3, the interim members shall hold office in accordance with the terms of their appointment.
3
1
The appointments of the interim members shall cease at such time on the day on which the Mayor’s appointments under section 2(1) are due to take effect as the Mayor shall specify in a notice in writing to the Secretary of State.
2
Such notice shall be given not later than 3 days before the day on which the Mayor’s appointments are due to take effect or such shorter period before the time specified in the notice as the Mayor and the Secretary of State may agree.
4
Schedule 2 (constitution of agencies) has effect in relation to the interim members as if —
a
paragraphs 1(1), 1(4), 2(2), 3 and 3A were omitted ;
b
in paragraph 2, the words from “and shall, on ceasing to be chairman” to the end were omitted; and
c
in paragraph 4(2)(a), for “chairman (or chairman designate)” there were substituted “person, if any, whom the Mayor proposes will be the chairman ”.
; and
c
section 6 (delegation of functions by Ministers) shall apply as if the following subsection were added —
8
Subsection (3) shall not apply in relation to any delegation of functions to the London Development Agency under subsection (1) that is made before at least 8 members of the agency appointed by the Mayor under section 2(1) take office.
.
Modifications ceasing to apply
3
The modifications made by this Order shall cease to apply immediately after the interim members of the London Development Agency appointed in accordance with the modification in article 2(b) have ceased to hold office.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
29th April 2000


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