text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Land Acquisition) Order 2001 and shall come into force on 2nd March 2001.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1994 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1994 ;
“authorised works” means the works authorised by the 1994 Act;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“ the Executive ” means Greater Manchester Passenger Transport Executive;
“the land plans” means the plan certified by the Secretary of State as the land plans for the purposes of this Order;
“occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976) ;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land (whether in possession or reversion) and includes also a person holding, or entitled to the rents and profits of, the land under a lease or agreement, where the unexpired term of that lease or agreement exceeds 3 years;
“transit system” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels, and
are laid in part along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
PART II
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
3
1
The Executive may acquire compulsorily so much of the land shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.
2
The Executive shall not under the powers of this Order acquire compulsorily any interest in the land numbered 17 to 21 inclusive on the land plans.
Application of Part I of the Compulsory Purchase Act 1965
4
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
5
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette or in a local newspaper circulating in the area in which the land is situated”, and
ii
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 3 above.
Powers to acquire new rights
6
1
The Executive may compulsorily acquire such easements or other rights over any land referred to in article 3 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 1 to this Order), where the Executive acquires a right over land under paragraph (1) above the Executive shall not be required to acquire a greater interest in it.
3
Schedule 1 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
7
1
The Executive may compulsorily acquire so much of the subsoil of the land referred to in article 3 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where the Executive acquires any part of the subsoil of land under paragraph (1) above the Executive shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent article 10 below from applying where the Executive acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Rights under or over streets
8
1
The Executive may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or any other purpose connected with or ancillary to its transit system undertaking.
2
The power under paragraph (1) above may be exercised in relation to a street without the Executive being required to acquire any part of the street or any easement or right in the street and the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
3
Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) above is exercised without the undertaker acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
4
Paragraph (2) above shall not apply in relation to —
a
any subway or underground building, or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street.
Disregard of certain interests and improvements
9
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Acquisition of part of certain properties
10
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 4 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Executive a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Executive agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Executive is authorised to acquire compulsorily under this Order.
8
If the Executive agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Executive is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Executive may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the Executive shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction of private rights of way
11
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the Executive, whether compulsorily or by agreement, or
b
on the entry on the land by the Executive under section 11(1) of the 1965 Act,
whichever is the sooner.
2
All private rights of way over land owned by the Executive which, being within the limits of land which may be acquired shown on the land plans, is required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the Executive.
3
All private rights of way over land of which the Executive takes temporary possession under this Order shall be suspended and unenforceable for as long as the Executive remains in lawful possession of the land.
4
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
Time limit for exercise of powers of acquisition
12
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning on the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
PART III
MISCELLANEOUS AND GENERAL
Certification of plans etc.
13
The Executive shall, as soon as practicable after the making of this Order, submit copies of the book of reference and the land plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference and plan 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.
Modification of the Greater Manchester (Light Rapid Transit System) Act 1994
14
1
Sections 43 (for protection of electricity, gas and water undertakers) and 44 (For protection of North West Water Authority) of the Greater Manchester (Light Rapid Transit System) Act 1988 as applied by section 11 of the 1994 Act shall apply to the powers of compulsory acquisition contained in this Order as they applied to the powers of compulsory acquisition contained in the 1994 Act and the reference to the deposited plans in subsection (3) of section 43 shall be taken to include a reference to the land plan prepared for the purposes of this Order.
2
The following provisions of the 1994 Act shall also apply to the powers of compulsory acquisition contained in this Order:
section 18 (For protection of British Railways Board)
section 19 (For protection of telecommunications operators)
section 20 (For protection of Trustees of King Street Baptist Church, Oldham).
For protection of Railtrack PLC
15
The provisions of Schedule 2 (for the protection of Railtrack PLC) shall have effect.
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
9th February 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chesterfield Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd 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 Chesterfield 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 Chesterfield 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 North Derbyshire 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 North Derbyshire 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 Community Health Care Services (North Derbyshire) 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
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
1
1
This Order may be cited as the Registration of Political Parties (Prohibited Words and Expressions) Order 2001.
2
This Order shall come into force on 16th February 2001.
3
The Registration of Political Parties (Prohibited Words and Expressions) Order 1998 is hereby revoked.
2
1
Subject to paragraph (2), the registered name of a party shall not include any word or expression which is listed in any Part of the Schedule to this Order.
2
Paragraph (1) shall not apply to a word or expression listed in —
a
Part I of the Schedule where it forms part of the name of a place, institution or local government area;
b
Part II of the Schedule where it is qualified by another word or expression other than the registered name of a party which is already registered in respect of the relevant part of the United Kingdom;
c
Part III of the Schedule where it is qualified by another word or expression other than —
i
the registered name of a registered party;
ii
a word listed in that Part, or
iii
the word “party”;
d
Part IV of the Schedule where it is qualified by the name of a local government or geographical area.
3
In paragraph (2)(b) —
a
the reference to another word or expression includes another word or expression listed in Part II of the Schedule or the word “party”; and
b
“already registered in the relevant part of the United Kingdom” means —
i
in connection with the registration of the applicant party in the Great Britain register, already registered in respect of the part of Great Britain in respect of which the applicant party is registered (in the case of an application under section 30 of the Political Parties, Elections and Referendums Act 2000) or is applying to be registered (in the case of an application under section 28 of that Act);
ii
in connection with registration of the applicant party in the Northern Ireland register, already registered in that register.
4
In this article, any reference to a word or expression listed in any Part of the Schedule to this Order includes a reference to a word or expression which translates a word or expression so listed into a language other than English.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
15th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Gravesham (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 Gravesham;
“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 for Transport, Local Government and the Regions marked “Map of the Borough of Gravesham (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 borough of Gravesham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the 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 the 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 Gravesham
3
1
The ordinary elections of all councillors of the borough of Gravesham 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 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 Meopham
4
1
The existing wards of the parish of Meopham shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Camer and Meopham Green, Culverstone and Harvel, and Nurstead and Hook Green; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be four.
Revocation
5
The Borough of Gravesham (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts) (Amendment) (England) Order 2001 and shall come into force on 2nd April 2001.
2
This Order extends to England only.
Amendment of Order
2
The Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts) Order 1996 is amended in accordance with the following paragraphs.
Home repair assistance — maximum amount for one application
3
In Article 4 —
a
delete “Subject to article 5”; and
b
in paragraphs (a) and (b)(ii), for “£2,000” substitute “£5,000”.
Home Repair Assistance: maximum amount in any three year period
4
Article 5 is revoked.
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
2nd March 2001


text:
Citation, commencement, interpretation and extent
1
1
This order may be cited as the Rampton Hospital Authority (Abolition) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Authority” means the Rampton Hospital Authority established by the Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996 ;
“the Trust” means the Nottinghamshire Healthcare National Health Service Trust ;
3
This Order extends to England and Wales .
Abolition of the Authority and amendment of Order and Regulations
2
The Authority is hereby abolished and —
a
the Authorities for the Ashworth, Broadmoor and Rampton (Establishment and Constitution) Order 1996 is amended by omitting the entry in the Schedule relating to the Rampton Hospital Authority, and
b
the Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations are amended by omitting “Rampton” from the definition of “the hospitals” in regulation 1(2) .
Transfer of Staff
3
1
Subject to paragraph (2), any person who, immediately before the coming into force of this Order, was an officer of the Authority shall, on the coming into force of this Order, be transferred to the employment of the Trust.
2
This regulation shall not apply to an officer of the Authority whose contract of employment terminates on the day immediately proceeding the coming into force of this Order.
3
The contract of employment of an officer transferred under paragraph (1) —
a
is not terminated by the transfer, and
b
has effect from the time of the transfer as if originally made between the officer and the Trust.
4
Without prejudice to paragraph (3) —
a
any right or liability of the Authority under or in connection with the officer’s contract of employment shall by virtue of this paragraph be transferred to the Trust;
b
anything done before the date of the transfer by or in relation to the Authority in respect of the officer or the contract of employment shall be deemed from that time to have done by or in relation to the Trust.
5
Paragraphs (1), (3) and (4) do not transfer an officer’s contract of employment, or any right or liability under or in connection with it, if he informs the Authority or the new employer that he objects to the transfer.
6
Where an officer objects as mentioned in sub-paragraph (5) his contract of employment with the Authority shall be treated as having been terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by the Authority.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that the identity of his employer changes unless the officer shows, that, in all the circumstances, the change is a significant change and is to his detriment.
8
For the purposes of this article, the new employer is the Trust.
Transfer of property, rights and liabilities
4
The property rights and liabilities of the Authority shall be transferred to the Trust.
Winding-up of affairs of the Authority
5
It shall be the duty of the Trust to take such action as may be necessary for the winding-up of the affairs of the Authority, including the preparation of the outstanding accounts of the Authority and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
8th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chingford, Wanstead and Woodford Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Chingford, Wanstead and Woodford 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 Chingford, Wanstead and Woodford 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 Redbridge and Waltham Forest 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 Redbridge and Waltham Forest 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 Forest Healthcare National Health Service Trust and the Redbridge Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
7th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Windsor, Ascot and Maidenhead Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st 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 Windsor, Ascot and Maidenhead 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 October 2001 a Primary Care Trust to be called the Windsor, Ascot and Maidenhead 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 Berkshire 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 Berkshire 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 East Berkshire 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
21st September 2001


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Nuclear Installations) (Revocation) Regulations 2001 and shall come into force forthwith.
2
The Air Navigation (Restriction of Flying) (Nuclear Installations) Regulations 1998 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ian McBrayne
Head of Civil Aviation Division,
Department of Transport, Local Government and the Regions
10th August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St George’s Healthcare National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the new trustees” means the trustees for the St George’s Healthcare National Health Service Trust ;
“the NHS trust” means the St. George’s Healthcare National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 30th November 2000.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the NHS trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
24th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (Reviews of Pensions Business) Order 2001 and comes into force on 6th August 2001.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of the day on which section 19 comes into force;
“the deemed scheme” has the meaning given by article 2(3);
“designated provision” means a pension review provision designated in accordance with article 3 as that provision has effect after commencement by virtue of this Order;
“designation instrument” means an instrument made under article 3;
“free standing additional voluntary contribution scheme” means a scheme approved by the Commissioners of Inland Revenue as such a scheme under section 591 of the Income and Corporation Taxes Act 1988 ;
“new provision” has the meaning given by article 6(4);
“occupational pension scheme” and “personal pension scheme” have the meaning given by section 1 of the Pension Schemes Act 1993 ;
“pensions review provision” means any (or any part of any) enactment, subordinate legislation or other instrument or provision (including guidance in writing or other legible form) which (or to the extent that it) provides for, or relates to, the conduct of a review into, or the taking of other steps with respect to —
the selling, between 29th April 1988 and 30th June 1994, by persons who were at the time —
authorised persons under the Financial Services Act 1986 , or
appointed representatives of such persons (within the meaning of that Act),
of rights in, or interests under, personal pension schemes; or
the selling, by such persons between 29th April 1998 and 15th August 1999, of rights in, or interests under, free standing additional voluntary conribution schemes.
3
References in this Order to “selling” rights or interests are to be construed in accordance with paragraph 27 of Schedule 2, but also include —
a
the giving of advice to acquire rights or interests, and
b
the making of arrangements for another person to acquire, or with a view to another person acquiring, rights or interests.
4
References in this Order to numbered sections or Schedules are (except where otherwise indicated) references to sections of, or Schedules to, the Act.
Pensions review provisions to take effect as deemed scheme under section 404
2
1
This article applies to a pensions review provision which —
a
has been designated by the Authority under article 3; and
b
has not been amended (other than under article 4, or article 6(1)(b) as applied by article 6(3)) or revoked at any time between its designation and commencement.
2
Where a pensions review provision —
a
has been designated by the Authority under article 3; and
b
has been amended (other than under article 4, or article 6(1)(b) as applied by article 6(3)) at any time between its designation and commencement by a further such provision which has itself been so designated,
this article applies to the original provision, subject to that amendment.
3
After commencement, a pensions review provision to which this article applies has effect, with such modifications (if any) as may be made under article 4, or article 6(1)(b) as applied by article 6(3), as if it were a provision of an authorised scheme within the meaning of section 404 (schemes for reviewing past business) (“the deemed scheme”), subject to any modifications later made in accordance with article 6(1)(b).
4
Paragraph (3) applies —
a
in spite of any repeal, revocation or other lapsing of the pensions review provision which occurs on commencement;
b
notwithstanding the fact that no scheme order has been made under section 404 (or that the conditions for the making of such an order have not been satisfied); and
c
irrespective of whether the pensions review provision could have been included in a scheme authorised by such an order.
Designation of pre-commencement provisions
3
1
The Authority may under this article designate any pensions review provision currently in force.
2
To designate a pensions review provision, the Authority must —
a
make an instrument in writing identifying the provision in the manner required by paragraph (3);
b
specify in the instrument that the provision is to have effect as a provision of an authorised scheme within the meaning of section 404;
c
specify any modification to be made to the provision pursuant to article 4;
d
identify the class of persons to whom the provision is to apply;
e
publish the instrument in the way appearing to the Authority to be best calculated to bring it to the attention of the public;
f
have in place arrangements whereby a copy of the provision (incorporating any modifications made pursuant to article 4) may be made available to any person on request.
3
In order to identify the pensions review provision for the purposes of paragraph (2) the Authority must give sufficient information about —
a
the date, title, author and source of the enactment, subordinate legislation or other instrument in which the provision is found;
b
whether the provision comprises the whole of that enactment, subordinate legislation or other instrument or only a part of it (in which case identifying which part);
c
whether the provision has been amended prior to its designation, or whether its meaning has been affected by any subsequent provision made prior to that time;
to ensure that a person can ascertain with certainty the content of the provision being designated.
4
Paragraph (3)(c) does not require the giving of information about amendments (or changes in meaning) made by any provision which is itself designated under this article.
5
To the extent to which the instrument does not comply with paragraph (2)(b), it is void.
6
The Authority may charge a reasonable fee for providing a person with a copy of an instrument made under this article or of a provision pursuant to paragraph (2)(f).
7
The Authority must give a copy of any designation instrument to the Treasury without delay.
8
The making of an instrument under this article is a legislative function for the purposes of Schedule 1.
Modifications on designating pensions review provisions
4
1
When designating a pension review provision, the Authority must make such modifications of it (if any) as appear to the Authority necessary to ensure —
a
that, so far as possible, the pensions review provision has the same effect after commencement as it did immediately before commencement; and
b
in particular, that the class of persons to whom it applies at any time after commencement consists of persons of the same description as the class of persons to whom it would have applied at that time if the Act had not been passed and the provision had remained as it had effect immediately before commencement.
2
When designating a pensions review provision, the Authority may make such modifications of it as have the effect of limiting its application to a class of persons narrower than the class to which it applied immediately before commencement; and paragraph (1) is not to be taken —
a
as preventing any modification under this paragraph; or
b
as requiring any modification which is inconsistent with a modification that has been made under this paragraph.
3
The modifications authorised by paragraph (1)(a) include the addition of such transitional provisions as are necessary to achieve the result there mentioned.
4
This article does not affect the power of the Authority to make modifications of the deemed scheme under article 6(1)(b).
Waiver or modification as respects particular persons
5
1
This article applies where —
a
immediately before commencement a waiver or modification of a pensions review provision is in operation as respects a person;
b
the pensions review provision to which the waiver or modification relates is designated in accordance with article 3; and
c
the person to whom the waiver or modification has been granted would, but for this article, be subject to the resultant designated provision.
2
In a case where this article applies, the waiver or modification has effect after commencement as if it were a direction under subsection (2) of section 148 (modification or waiver of rules) (as applied by article 7(1)) —
a
that the designated provision is not to apply to the person; or
b
as the case may be, that the designated provision is to apply to him with the modification in question.
3
Any condition subject to which the waiver or modification was granted has effect after commencement as if imposed under section 148(5).
4
Subsection (6) of section 148 does not apply to a direction having effect by virtue of this article but subsection (9) of that section applies to such a direction as it applies to a direction given after commencement.
5
In this article, references to a waiver or modification —
a
are to a waiver or modification granted in writing;
b
include references to any partial disapplication of a pensions review provision, however described.
Modifications of section 404 in its application to deemed scheme
6
1
In its application to the deemed scheme, section 404 has effect as if —
a
subsection (6) provided that, for the purposes of the Act, failure on the part of an authorised person —
i
to comply with any obligation imposed on him by the deemed scheme to make any payment to the Authority,
ii
to comply with any obligation imposed on him by the deemed scheme to provide information to the Authority, or
iii
otherwise, to take all reasonable steps to comply with the provisions of the deemed scheme (so far as applicable to him),
were (subject to paragraph (2)) to be treated as a failure on his part to comply with rules;
b
it provided for the Authority to make to the deemed scheme such modifications as it considers necessary or appropriate for the purposes of —
i
determining the nature and extent of any failure on the part of authorised persons to comply with any applicable requirements relating to the selling between 29th April 1988 and 30th June 1994 of rights in, or interests under, personal pension schemes, or the selling between 29th April 1988 and 15th August 1999 of rights in, or interests under, free standing additional voluntary contribution schemes;
ii
establishing the liability of authorised persons to make compensation payments with respect to any such failure; or
iii
determining the amounts payable by way of compensation payments with respect to any such failure;
or such incidental, supplemental, consequential or transitional modifications as it considers appropriate.
2
A person is not (by virtue of paragraph (1)(a)) to be treated as having failed to comply with rules by reason of his failure to comply with any designated provision, if he shows that at the time of the alleged contravention the designation instrument concerned had not been published in accordance with article 3(2)(e).
3
The Authority may, before commencement, exercise the power in paragraph (1)(b) so as to make modifications to a designated provision, to have effect after commencement (but not before) as modifications of the deemed scheme.
4
A provision which is modified under paragraph (1)(b), or which is added to the deemed scheme as a result of a modification made under that paragraph, is referred to in this Order as a “new provision”.
Provisions of deemed scheme: procedural requirements
7
1
Section 148 (modification or waiver of rules) applies to provisions of the deemed scheme as it applies to rules (subject to article 5(4)).
2
Sections 152 to 154 and 156 (procedural provisions relating to rules) apply to new provisions as they apply to rules.
3
Section 155 (consultation on proposed rules) does not apply to new provisions.
4
Section 154 (verification of rules) does not apply to designated provisions, but the following provisions of this article apply instead.
5
The production of a printed copy of a designation instrument or a designated provision purporting to be made by the Authority on which is endorsed a certificate which —
a
is signed by a member of the Authority’s staff authorised by it for that purpose; and
b
contains the required statement or statements,
is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
6
The required statements in relation to a designation instrument are —
a
that the instrument was made by the Authority;
b
that the copy is a true copy of the instrument; and
c
that on a specified day the instrument was published in accordance with article 3(2)(e).
7
The required statement in relation to a copy of a designated provision is that the text set out in the document is a designated provision within the meaning of article 3.
8
A certificate purporting to be signed as mentioned in paragraph (5) is to be taken to have been properly signed unless the contrary is shown.
9
A person who wishes in any legal proceedings to rely on a designation instrument or on a designated provision may require the Authority to endorse a copy of that instrument or provision with a certificate of the kind mentioned in paragraph (5).
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2001


text:
1
This Order may be cited as the Value Added Tax (Special Provisions) (Amendment) Order 2001 and shall come into force on 2nd January 2002.
2
The Value Added Tax (Special Provisions) Order 1995 shall be amended as follows.
3
For article 12(7)(a) substitute —
a
calculate the price at which they were obtained by deducting from the successful bid the amount of the commission payable to him under his contract with the vendor for the sale of the goods;
.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2001


text:
1
This Order may be cited as the Northern Ireland Act 1998 (Designation of Public Authorities) Order 2001 and shall come into force on the day after the day on which it is made.
2
The departments, corporations and bodies listed in Schedule 1 to this Order (being departments, corporations and bodies listed in Schedule 2 to the Parliamentary Commissioner Act 1967 ) are hereby designated for the purposes of section 75 of the Northern Ireland Act 1998.
3
The persons listed in Schedule 2 to this Order are hereby designated for the purposes of section 75 of the Northern Ireland Act 1998.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
4th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Stroud (Parishes and Electoral Changes) Order 2001.
2
This article and articles 3, 4, 7 and 12 shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Article 2 shall come into force on 1st April 2002.
4
Articles 5, 6, 8, 9, 10 and 11 of this Order shall come into force —
a
for the purposes of proceedings preliminary or relating to the election of parish councillors for the parishes of Cam, Minchinhampton, Rodborough, Stroud, Thrupp and Dursley, to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
5
In this Order —
“district” means the district of Stroud;
“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 for Transport, Local Government and the Regions marked “Map of the District of Stroud (Parishes and 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.
Transfers between parishes
2
The area on sheet 1 shaded in blue and designated by the letter “A”, shall cease to form part of the parish of Moreton Valence and shall become part of the parish of Longney.
Wards of the district of Stroud
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty 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 Stroud
4
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
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest 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 Cam
5
1
The existing wards of the parish of Cam shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Central, Lower, Upper and Woodfield; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Minchinhampton
6
1
The existing wards of the parish of Minchinhampton shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Amberley, Box, Brimscombe, North and South; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Box parish ward shall be one, for the Amberley parish ward shall be two, for the Brimscombe and South parish wards shall be three, and for the North parish ward shall be six.
Wards of the parish of Randwick
7
The parish of Randwick 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 Rodborough
8
1
The existing wards of the parish of Rodborough shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Butterow, North, South and West; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the South parish ward shall be one, for the Butterow parish ward shall be two, for the North parish ward shall be four, and for the West parish ward shall be five.
Wards of the parish of Stroud
9
1
The existing wards of the parish of Stroud shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Central, Farmhill and Paganhill, Slade, Trinity, Uplands and Valley; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Thrupp
10
The parish of Thrupp shall be divided into two 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.
Numbers of parish councillors
11
The number of parish councillors to be elected for the parish of Dursley shall be seventeen, of whom six shall be elected for each of the parish wards of Central and Highfields and five for the parish ward of Kingshill.
Parish Elections
12
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Chalford, Coaley, Elmore, Hardwicke, Longney and Slimbridge shall be three years.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Alkington, Berkeley, Ham and Stone, Hamfallow, Haresfield, Randwick and Whitminster shall be two years.
3
Elections of all parish councillors for the parishes of Alkington, Arlingham, Berkeley, Bisley with Lypiatt, Chalford, Coaley, Elmore, Frampton on Severn, Fretherne with Saul, Ham and Stone, Hamfallow, Haresfield, Hardwicke, Hinton, Longney, Nympsfield, Randwick, Slimbridge, Stinchcombe, Uley, Whitminster and Whiteshill and Ruscombe shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
4
The ordinary elections of parish councillors for the parish of North Nibley in 2002 shall not take place; and any such parish councillor holding office immediately before 5th May 2002 who would, but for this paragraph, have retired on that date 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.
5
Elections of all parish councillors for the parish of North Nibley shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
6
The ordinary elections of parish councillors for the parishes of Cranham, Eastington, Frocester, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe and Woodchester in 2003 shall not take place; and any such parish councillor holding office immediately before 6th May 2003 who would, but for this paragraph, have retired on that date 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 2004.
7
Elections of all parish councillors for the parishes of Brookthorpe with Whaddon, Cranham, Eastington, Frocester, Harescombe, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe, Standish, Upton St Leonards and Woodchester shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
8
The term of office of any parish councillor to whom paragraphs (3) and (5) of this article apply shall be four years; all parish 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.
9
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parish of North Nibley as if the reference in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
10
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 6th May 2004 in the office of a parish councillor for the parishes of Cranham, Eastington, Frocester, Hillesley and Tresham, Kings Stanley, Kingswood, Leonard Stanley, Miserden, Painswick, Pitchcombe and Woodchester as if the reference in paragraph (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 6th May 2004.
Revocation
13
The District of Stroud (Electoral Arrangements) Order 1979 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
30th November 2001


text:
Citation and commencement
1
This Order may be cited as the Offshore Installations (Safety Zones) Order 2001 and shall come into force on 25th May 2001.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State.
Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
4th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Stafford (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 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Stafford;
“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 Borough of Stafford (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 borough of Stafford
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-six wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the 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 the 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.
Wards of the parish of Stone
3
1
The existing wards of the parish of Stone shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Stonefield and Christchurch, St. Michael’s and Walton; and each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for each of the Stonefield and Christchurch, and St. Michael’s parish wards shall be five, and for the Walton parish ward shall be eight.
Wards of the parish of Stone Rural
4
1
The existing wards of the parish of Stone Rural shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Aston, Meaford, Moddershall and Oulton; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Aston, Meaford and Moddershall parish wards shall be two and for the Oulton parish ward shall be four.
Revocation
5
The Borough of Stafford (Electoral Arrangements) Order 1976 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 April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Hampshire (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 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of East Hampshire;
“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 East Hampshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of East Hampshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-eight wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the 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 the 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.
Wards of the parish of Alton
3
1
The existing wards of the parish of Alton shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Alton Amery, Alton Ashdell, Alton Eastbrooke, Alton Westbrooke, Alton Whitedown, Alton Wooteys and Alton Holybourne.
3
The parish wards of Alton Amery, Alton Ashdell, Alton Eastbrooke, Alton Westbrooke, Alton Whitedown and Alton Wooteys shall each comprise the area of the district ward of the same name, and the Alton Holybourne parish ward shall consist of the rest of the parish.
4
One councillor shall be elected for the Alton Holybourne parish ward and two councillors shall be elected for each of the other parish wards.
Wards of the parish of Horndean
4
1
The existing wards of the parish of Horndean shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Horndean Catherington and Lovedean, Horndean Downs, Horndean Hazleton and Blendworth, Horndean Kings and Horndean Murray; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Liss
5
1
The parish of Liss shall be divided into two parish wards which shall bear the names Liss and Liss Forest; the parish ward of Liss shall comprise the area of the district ward of the same name, and the Liss Forest parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the Liss parish ward shall be ten and for the Liss Forest parish ward shall be three.
Wards of the parish of Petersfield
6
1
The existing wards of the parish of Petersfield shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Petersfield Bell Hill, Petersfield Causeway, Petersfield Heath, Petersfield Rother, Petersfield St Marys and Petersfield St Peters; each parish ward shall comprise the area of the district 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 Rowlands Castle
7
1
The parish of Rowlands Castle shall be divided into two parish wards which shall bear the names Finchdean and Idsworth, and Rowlands Castle; the parish ward of Rowlands Castle shall comprise the area of the district ward of the same name, and the Finchdean and Idsworth parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the Finchdean and Idsworth parish ward shall be one and for the Rowlands Castle parish ward shall be eight.
Wards of the parish of Whitehill
8
1
The existing wards of the parish of Whitehill shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Whitehill Chase, Whitehill Deadwater, Whitehill Hogmoor, Whitehill Pinewood and Whitehill Walldown; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be three.
Revocation
9
The District of East Hampshire (Electoral Arrangements) Order 1976 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
14th March 2001