text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 and shall come into force on 11th July 2001.
2
This Order applies to England only .
3
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1988 Finance Act ” means the Local Government Finance Act 1988 ; and
“the 1989 Act ” means the Local Government and Housing Act 1989 .
Modification of Acts
2
The following enactments, in their application to England, are modified in accordance with articles 3 to 44 —
a
the 1972 Act;
b
the Local Government Act 1974 ;
c
the Local Government (Miscellaneous Provisions) Act 1976 ;
d
the Local Government Act 1985 ;
e
the Transport Act 1985 ;
f
the Weights and Measures Act 1985 ;
g
the Local Government Act 1986 ;
h
the Airports Act 1986 ;
i
the Pilotage Act 1987 ;
j
the Local Government Act 1988 ;
k
the 1988 Finance Act;
l
the 1989 Act;
m
the Water Industry Act 1991 ;
n
the Local Government Finance Act 1992 ;
o
the Deregulation and Contracting Out Act 1994 ;
p
the Employment Rights Act 1996 ;
q
the Defamation Act 1996 ;
r
the Education Act 1996 ;
s
the Justices of the Peace Act 1997 ;
t
the Teaching and Higher Education Act 1998 ;
u
the Greater London Authority Act 1999
v
the Powers of the Criminal Courts (Sentencing) Act 2000 ;
w
the Adoption Agencies Regulations 1983 ;
x
the Definition of Independent Visitors (Children) Regulations 1991 ;
y
the Children (Secure Accommodation) Regulations 1991 ;
z
the Council Tax (Administration and Enforcement) Regulations 1992 ;
aa
the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 ; and
bb
the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 .
Restriction on promotion of Bills for changing local government areas, etc.
3
In section 70 of the 1972 Act (restriction on promotion of bills for changing local government areas, etc.), at the end there shall be added —
3
No local authority or joint authority shall have power to promote a Bill for forming, altering or abolishing executive arrangements or alternative arrangements, or for altering arrangements for electing an elected mayor.
.
Qualifications for election and holding office as elected mayor
4
In section 79 of the 1972 Act (qualifications for election and holding office as member of local authority), in subsection (1), after “member of a local authority”, there shall be inserted “, or be qualified to be elected and to be an elected mayor,”.
Disqualifications for election and holding office as elected mayor
5
In section 80 of the 1972 Act (disqualifications for election and holding office as member of local authority), in subsection (1) —
a
after “member of a local authority”, there shall be inserted “, and be disqualified for being elected or being an elected mayor,”; and
b
in subsection (a), after “appointments”, there shall be inserted “or elections”.
Validity of acts done by unqualified persons
6
In section 82 of the 1972 Act (validity of acts done by unqualified persons), in subsection (1), after “the Local Government Act 1985”, there shall be inserted “or elected as elected mayor or executive leader”.
Vacation of office by failure to attend meetings
7
In section 85 of the 1972 Act (vacation of office by failure to attend meetings) —
a
after subsection (2), there shall be inserted —
2A
Subject to subsections (2B) and (3), if a member of a local authority which are operating executive arrangements, who is also a member of the executive of that local authority, fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the executive, he shall, unless the failure was due to some reason approved by the local authority before the expiry of that period, cease to be a member of the local authority.
2B
For the purposes of this section —
a
the discharge by a member, acting alone, of any function which is the responsibility of the executive; and
b
in respect of a mayor and cabinet executive or leader and cabinet executive, attendance as a member at a meeting of a committee of the executive,
shall each be deemed to be attendance at a meeting of the executive.
;
b
in subsection (3), after “meetings of the local authority”, there shall be inserted “or of a failure to attend meetings of the executive”; and
c
in subsection (3A) —
i
after “subsection (1)”, there shall be inserted “or (2A)”; and
ii
after “meetings of the authority”, there shall be inserted “or, as the case may be, meetings of the executive”.
Members of local authorities not to be appointed as officers
8
In section 116 of the 1972 Act (members of local authorities not to be appointed as officers) —
a
after “being appointed”, there shall be inserted “or elected”; and
b
after “or vice-chairman”, there shall be inserted “or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive”.
General provisions as to interpretation
9
In subsection (1) of section 270 of the 1972 Act (general provisions as to interpretation), after “that is to say — ”, there shall be inserted —
“alternative arrangements” has the same meaning as in Part II of the Local Government Act 2000;
.
Consideration of adverse reports
10
1
In section 31A of the Local Government Act 1974 (consideration of adverse reports) —
a
after subsection (2), there shall be inserted —
2A
In the case of a local authority which are operating executive arrangements, consideration of a further report of the Local Commissioner under section 31(2A) above by the executive of that local authority, or any person on behalf of that executive, shall be subject to a corresponding restriction.
; and
b
after subsection (5), there shall be inserted —
5A
In the case of a local authority which are operating executive arrangements —
a
no member of the executive of that authority shall decide; and
b
no member of the executive or any body acting on behalf of that executive shall vote on any question with respect to a report or further report under this Part of the Act in which he is named and criticised by a Local Commissioner.
.
2
In subsection (1) of section 34 of the Local Government Act 1974 (interpretation of Part III), after the definition of “the Commissions” there shall be inserted —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Evidence of resolutions and minutes of proceedings etc.
11
1
In section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) —
a
after subsection (2), there shall be inserted —
2A
In the case of a local authority which are operating executive arrangements, a document which —
a
purports to be a copy of a record of any decision made by the executive of that authority, or any person acting on behalf of that executive, where that record is required to be kept or produced by section 22 of the Local Government Act 2000 or any regulations made under that section ; and
b
bears a certificate purporting to be signed by the proper officer of the authority or by a person authorised in that behalf by him or any other person who, by virtue of regulations made under section 22 of the Local Government Act 2000, is authorised or required to produce such a record, stating that the decision was made on the date specified in the certificate by that executive, or as the case may be, by the person acting on behalf of that executive,
shall be evidence in any proceedings of the matters stated in the certificate and of the terms of the decision in question.
.
2
In subsection (1) of section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (interpretation etc. of Part I), there shall be inserted after the definition of “the Common Council” —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Disqualification
12
In subsection (1) of section 35 of the Local Government Act 1985 (disqualification) —
a
after “or vice-chairman”, there shall be inserted “or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive”; and
b
after “appointments”, there shall be inserted “or elections”.
Disabilities of directors of public transport companies
13
In section 74 of the Transport Act 1985 (disabilities of directors of public transport companies) —
a
for subsection (3A) , there shall be substituted —
3A
Subject to the following provisions of this section, where a director of a public transport company is a member of the executive of any such council as is mentioned in subsection (1)(a) or (b) above which are operating executive arrangements under Part II of the Local Government Act 2000, he shall not, in the course of the discharge of any function that is the responsibility of the executive, take any action in the consideration, or the making of any decision with respect to any contract or proposed contract with, or any other matter relating to the activities of, the public transport company or a subsidiary of that company.
3B
Subsection (3) or (3A) above shall not prohibit a person from taking part in the consideration or discussion of, or from voting on any question with respect to, a local transport plan or bus strategy.
;
b
for subsection (4), there shall be substituted —
4
The Secretary of State may grant a written dispensation from subsection (3) or (3A) above in the case of any individual member, except that no such dispensation may be granted in the case of a member of a council’s executive acting alone.
;
c
for subsection (6), there shall be substituted —
6
The Secretary of State may confer exemptions from subsection (3) or (3A) above either generally or in the case of any class or description of members except that no such exemption may be granted in the case of a member of a council’s executive acting alone; and —
a
subsection (5)(a) and (b) above shall apply in relation to any such exemption as they apply in relation to any dispensation that may be granted under subsection (4) above; and
b
any such exemption may be withdrawn or varied at any time by the Secretary of State.
; and
d
in subsection (7), after “subsection (3)” there shall be inserted “or (3A)”.
Working standards and testing and stamping equipment
14
In section 5 of the Weights and Measures Act 1985 (working standards and testing and stamping equipment) in subsection (11), at the end of paragraph (c) there shall be inserted —
or
d
sections 14 to 16 of the Local Government Act 2000 or any regulations made under sections 17 to 20 of that Act
.
Local authority publicity
15
In section 6 of the Local Government Act 1986 (interpretation and application of Part II), after subsection (6), there shall be added —
7
Nothing in this Part shall be construed as applying to anything done by a person in the discharge of any duties under regulations made under section 22 of the Local Government Act 2000 (access to information etc.) .
.
Disabilities of directors of public airport companies
16
In section 18 of the Airports Act 1986 (disabilities of directors of public airport companies) —
a
after subsection (2), there shall be inserted —
2A
Where a director of a public airport company is a member of the executive of any such council as is mentioned in subsection (1)(a) or (b) above which are operating executive arrangements under Part II of the Local Government Act 2000, he shall not, in the course of the discharge of any function that is the responsibility of that executive, take any action in the consideration, or the making of any decision with respect to —
a
any contract or proposed contract between the company or a subsidiary of the company and the council; or
b
any matter relating to the activities of the company or such a subsidiary.
; and
b
in subsection (3), after “of subsection (2)” there shall be inserted “or any person who contravenes subsection (2A)”.
Authorisation of pilots
17
In section 3 of the Pilotage Act 1987 (authorisation of pilots) —
a
after subsection (9), there shall be inserted —
9A
A person who is an authorised pilot for a harbour for which the competent harbour authority is a local authority which are operating executive arrangements shall not by reason of his holding any office or employment as a pilot be disqualified —
a
for being a member of the executive of the local authority where that executive is to any extent responsible for any function in respect of which knowledge or experience relevant to pilotage is material; or
b
for being a member of a committee of the executive of the local authority with any functions in respect of which knowledge or experience relevant to pilotage is material.
; and
b
in subsection (10), before the definition of “local authority” there shall be inserted —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Public supply or works contracts
18
1
In section 19 of the Local Government Act 1988 (provisions supplementary to or consequential on section 17), in subsection (6), after “Local Government Act 1972”, there shall be inserted “, regulations under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority)”.
2
In Schedule 2 to the Local Government Act 1988 (public supply or works contracts: the public authorities), after “A local authority.”, there shall be inserted “An executive of a local authority (within the meaning of Part II of the Local Government Act 2000).”.
Financial administration — interpretation
19
In section 111 of the 1988 Finance Act (interpretation), after subsection (3), there shall be inserted —
3A
In this Part, “council manager”, “elected mayor”, “executive”, “executive arrangements”, “executive leader”, “leader and cabinet executive”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
.
Functions of responsible officer as regards reports
20
1
In section 114 of the 1988 Finance Act (functions of responsible officer as regards reports) —
a
in subsection (2), at the beginning, there shall be inserted “Subject to subsection (2A),”;
b
after subsection (2), there shall be inserted —
2A
Where a relevant authority is operating executive arrangements, the chief finance officer of the relevant authority shall not make a report under subsection (2) in respect of any action referred to in paragraph (a), (b) or (c) of that subsection unless it is action taken otherwise than by or on behalf of the relevant authority’s executive.
; and
c
in subsection (4), at the end, there shall be added —
; and
c
in a case where the relevant authority has a mayor and council manager executive, the person who at the time the report is made is the council manager of that authority
.
2
After section 114 of the 1988 Finance Act, there shall be inserted —
Functions of responsible officer as regards reports — local authorities operating executive arrangements
114A
1
The person having responsibility under section 151 of the 1972 Act for the administration of the financial affairs of a relevant authority which is operating executive arrangements shall have the duties mentioned in this section, without prejudice to any other functions; and in this section he is referred to as the chief finance officer of the authority.
2
The chief finance officer of an authority that is referred to in subsection (1) shall make a report under this section to the executive of that authority if it appears to him that, in the course of the discharge of functions of the authority, the executive or a person on behalf of the executive —
a
has made or is about to make a decision which involves or would involve the authority incurring expenditure which is unlawful;
b
has taken or is about to take a course of action which, if pursued to its conclusion, would be unlawful and likely to cause a loss or deficiency on the part of the authority; or
c
is about to enter an item of account the entry of which is unlawful.
3
It shall be the duty of the chief finance officer of an authority, in preparing a report in pursuance of subsection (2) above, to consult so far as practicable —
a
with the person who is for the time being designated as the head of the authority’s paid service under section 4 of the Local Government and Housing Act 1989; and
b
with the person who is for the time being responsible for performing the duties of the authority’s monitoring officer under section 5 and 5A of that Act .
4
Where a chief finance officer has made a report under this section he shall send a copy of it to —
a
the person who at the time the report is made has the duty to audit the authority’s accounts;
b
each person who at that time is a member of the authority; and
c
where the authority has a mayor and council manager executive, the person who at that time is the council manager.
5
Subsections (5) and (6) of section 114 shall apply in relation to duties under subsections (2) and (3) of this section as they apply in relation to duties under subsections (2) and (3) of that section.
6
A relevant authority shall provide its chief finance officer with such staff, accommodation and other resources as are in his opinion sufficient to allow his duties under this section to be performed.
.
Duties of executive as regards reports
21
1
After section 115A of the 1988 Finance Act , there shall be inserted —
Duties of executive as regards reports
115B
1
This section applies where copies of a report under section 114A above have been sent under section 114A(4) above.
2
The executive of the authority (within the meaning of Part II of the Local Government Act 2000) shall consider the report at a meeting where it shall decide whether it agrees or disagrees with the views contained in the report and what action (if any) it proposes to take in consequence of it.
3
The meeting must be held not later than the end of the period of 21 days beginning with the day on which copies of the report are sent.
4
During the prohibition period the course of conduct which led to the report being made shall not be pursued.
5
If subsection (4) above is not complied with, and the executive makes any payment in the prohibition period as a result of the course of conduct being pursued, the executive shall be taken not to have had power to make the payment (notwithstanding any obligation to make it under contract or otherwise).
6
As soon as practicable after the executive has concluded its consideration of the chief finance officer’s report, the executive shall prepare a report which specifies —
a
what action (if any) the executive has taken in response to the chief finance officer’s report;
b
what action (if any) the executive proposes to take in response to the chief finance officer’s report and when the executive proposes to take that action; and
c
the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.
7
As soon as practicable after the executive has prepared a report under subsection (6), the executive shall arrange for a copy of it to be sent to —
a
the person who at the time the report is made has the duty to audit the authority’s accounts;
b
each person who at that time is a member of the authority; and
c
the chief finance officer of the authority.
8
In this section —
a
“chief finance officer” has the same meaning as in section 114A; and
b
“the prohibition period” means the period —
i
beginning with the day on which copies of the chief finance officer’s report are sent; and
ii
ending with the first business day to fall after the day (if any) on which the executive’s consideration of the report under subsection (2) above is concluded.
9
If subsection (3) above is not complied with, it is immaterial for the purposes of subsection (8)(b)(ii) above.
10
The nature of the decisions made at the meeting is immaterial for the purposes of subsection (8)(b)(ii) above.
11
In subsection (8)(b)(ii) above “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England.
.
2
In section 116 of the 1988 Finance Act —
a
after subsection (1), there shall be inserted —
1A
Where it is proposed to hold a meeting under section 115B above —
a
where the authority has a mayor and cabinet executive, the elected mayor;
b
where the authority has a leader and cabinet executive, the executive leader; or
c
where the authority has a mayor and council manager executive, the council manager,
shall as soon as is reasonably practicable notify, or instruct the authority’s proper officer to notify, the authority’s auditor of the date, time and place of the proposed meeting.
; and
b
after subsection (2), there shall be inserted —
2A
As soon as is reasonably practicable after a meeting is held under section 115B above —
a
where the authority has a mayor and cabinet executive, the elected mayor;
b
where the authority has a leader and cabinet executive, the executive leader; or
c
where the authority has a mayor and council manager executive, the council manager,
shall notify, or instruct the authority’s proper officer to notify, the authority’s auditor of any decision made at the meeting.
.
Politically restricted posts
22
In subsection (3)(a) of section 2 of the 1989 Act (politically restricted posts), after “are represented”, there shall be inserted —
or, where the authority are operating executive arrangements, to the executive of the authority, to any committee of that executive, or to any member of that executive who is also a member of the authority
.
Designation and reports of monitoring officer
23
1
In section 5 of the 1989 Act (designation and reports of monitoring officer) —
a
in subsection (1)(a), after “by this section”, there shall be inserted “and, where relevant, section 5A below”;
b
in subsection (1)(b), after “those duties”, there shall be inserted “and, where relevant, the duties under section 5A below”;
c
in subsection (2), at the beginning, there shall be inserted “Subject to subsection (2B),”;
d
after subsection (2A), there shall be inserted —
2B
Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.
;
e
in subsection (3), at the end of paragraph (b), there shall be added “and, in a case where the relevant authority have a mayor and council manager executive, to the council manager of the authority”; and
f
in subsection (8), after “In this section”, there shall be inserted “and in section 5A”.
2
After section 5 of the 1989 Act, there shall be inserted —
Reports of monitoring officer — local authorities operating executive arrangements
5A
1
Where a relevant authority are operating executive arrangements, the monitoring officer of that authority shall be responsible for performing the duties imposed by this section.
2
It shall be the duty of the monitoring officer of a relevant authority that is referred to in subsection (1) above, if at any time it appears to him that any proposal, decision or omission, in the course of the discharge of functions of the relevant authority, by or on behalf of the relevant authority’s executive, constitutes, has given rise to or is likely to or would give rise to any of the events referred to in subsection (3), to prepare a report to the executive of the authority with respect to that proposal, decision or omission.
3
The events referred to for the purposes of subsection (2) are —
a
a contravention, by the relevant authority’s executive or any person on behalf of the executive, of any enactment or rule of law; or
b
any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners).
4
No duty shall arise by virtue of subsection (3)(b) above unless a Local Commissioner (within the meaning of the Local Government Act 1974) has conducted an investigation under Part III of that Act in relation to the proposal, decision or omission concerned.
5
It shall be the duty of an authority’s monitoring officer —
a
in preparing a report under subsection (2) to consult so far as practicable with the person who is for the time being designated as the head of the authority’s paid service under section 4 above and with their chief finance officer; and
b
as soon as practicable after such a report has been prepared by him or his deputy, to arrange for a copy of it to be sent to each member of the authority and, where the authority has a mayor and council manager executive, the council manager.
6
It shall be the duty of the authority’s executive —
a
to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the executive; and
b
without prejudice to any duty imposed by virtue of section 115B of the Local Government Finance Act 1988 (duties of executive as regards reports) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report.
7
For the purposes of paragraph (b) of subsection (6) above the implementation of a proposal or decision to which a report under this section, by a monitoring officer or his deputy, relates shall be suspended in consequence of the report until the end of the first business day after the day on which consideration of that report under paragraph (a) of that subsection is concluded.
8
As soon as practicable after the executive has concluded its consideration of the report of the monitoring officer or his deputy, the executive shall prepare a report which specifies —
a
what action (if any) the executive has taken in response to the report of the monitoring officer or his deputy;
b
what action (if any) the executive proposes to take in response to that report and when it proposes to take that action; and
c
the reasons for taking the action specified in the executive’s report or, as the case may be, for taking no action.
9
As soon as practicable after the executive has prepared a report under subsection (8), the executive shall arrange for a copy of it to be sent to each member of the authority and the authority’s monitoring officer.
10
The duties of an authority’s monitoring officer under this section shall be performed by him personally or, where he is unable to act owing to absence or illness, personally by such member of his staff as he has for the time being nominated as his deputy for the purposes of this section.
.
Assistants for political groups
24
In section 9 of the 1989 Act (assistants for political groups) —
a
in subsection (8), after “corresponding provision for Scotland)”, there shall be inserted —
; or
c
Part II of the Local Government Act 2000 (arrangements with respect to executives etc.)
;
b
after subsection (8), there shall be inserted —
8A
Neither an executive, a committee of an executive or a member of an executive, of a relevant authority, shall exercise any power under —
a
sections 14 to 18 of the Local Government Act 2000 (discharge of functions); or
b
section 101(5) of the Local Government Act 1972 (arrangements for the discharge of functions by local authorities) ,
so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
8B
An area committee of a relevant authority shall not exercise any power under arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees) so as to arrange for the discharge of any of the authority’s functions by any person who holds a post under the authority to which he was appointed in pursuance of this section.
; and
c
in subsection (11), after the definition of “appropriate year”, there shall be inserted —
“area committee” has the same meaning as in section 18 of the Local Government Act 2000;
.
Interpretation of Part I of the 1989 Act
25
In section 21 of the 1989 Act —
a
in subsection (3), after the definition of “contravention”, there shall be inserted —
“council manager”, “executive”, “executive arrangements” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;
; and
b
in subsection (4), after “or otherwise)”, there shall be inserted “or a member of any executive of the authority (other than a council manager)”.
Companies in which local authorities have interests
26
1
In subsection (5) of section 71 of the 1989 Act (control of minority interests etc. in certain companies), after “or sub-committee thereof),”, there shall be inserted —
or, where a local authority is operating executive arrangements under Part II of the Local Government Act 2000, for enabling members of the executive, in the course of proceedings of the executive (or of any committee of the executive),
.
2
In subsection (4) of section 73 of the 1989 Act (authorities acting jointly and by committees), after “any of the authority’s officers”, there shall be inserted —
or, where a local authority is operating executive arrangements under Part II of the Local Government Act 2000, by the authority’s executive, any committee of the executive, or any member of the executive
.
Performance of sewerage undertaker’s functions by local authorities etc.
27
In section 97 of the Water Industry Act 1991 (performance of sewerage undertaker’s functions by local authorities etc.) —
a
after subsection (4), there shall be inserted —
4A
Where arrangements entered into for the purposes of this section provide for a local authority which are operating executive arrangements to carry out the sewerage functions of a sewerage undertaker on that undertaker’s behalf —
a
those sewerage functions shall be treated as functions of the authority for the purposes of section 13 of the Local Government Act 2000; and
b
if or to the extent that those sewerage functions are the responsibility of the executive of that authority —
i
subsection (4) above shall not apply; and
ii
sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply in relation to those sewerage functions only in so far as the arrangements do not provide otherwise.
; and
b
in subsection (5), before the definition of “new town” there shall be inserted —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Council tax and community charges: restrictions on voting
28
1
In section 106 of the Local Government Finance Act 1992 (council tax and community charges: restrictions on voting) —
a
in subsection (1), after “(including in either case a sub-committee),” there shall be inserted “or a council manager within the meaning of section 11(4)(b) of the Local Government Act 2000,”;
b
in subsection (2) —
i
after “a member” there shall be inserted “or a council manager”; and
ii
after “or committee” there shall be inserted “or in the case of an authority which are operating executive arrangements the executive of that authority or any committee of that executive”; and
c
after subsection (2), there shall be inserted —
2A
In the case of an authority which are operating executive arrangements, if or to the extent that any matter listed in paragraphs (a), (b) or (c) of subsection (2) is the responsibility of the executive of that authority, no member of the executive to whom this section applies shall take any action or discharge any function with respect to that matter.
.
2
In section 116 of the Local Government Finance Act 1992 (interpretation: general), after the definition of “the Social Security Acts” there shall be inserted —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Functions of local authorities
29
In section 70 of the Deregulation and Contracting Out Act 1994 (functions of local authorities) —
a
after subsection (1), there shall be inserted —
1A
This section also applies to any function of a local authority —
a
if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements , within the meaning of Part II of the Local Government Act 2000;
b
which is conferred by or under any enactment;
c
which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements — discharge of functions etc.), may be exercised by an officer of the local authority; and
d
which is not excluded by section 71 below.
; and
b
after subsection (6), there shall be inserted —
7
Where at any time —
a
an order is in force under this section in relation to any function of a local authority (“authority A”);
b
that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and
c
arrangements are in force under regulations made under section 19 of the Local Government Act 2000 (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,
it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A.
.
Right to time off for public duties
30
In section 50 of the Employment Rights Act 1996 (right to time off for public duties),
a
in subsection (3), after paragraph (b) there shall be inserted —
and
c
in the case of a local authority which are operating executive arrangements —
i
attendance at a meeting of the executive of that local authority or committee of that executive; and
ii
the doing of any other thing, by an individual member of that executive, for the purposes of the discharge of any function which is to any extent the responsibility of that executive.
; and
b
after subsection (9), there shall be inserted —
9A
In subsection (3)(c) of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Statements privileged subject to explanation or contradiction
31
In Schedule 1 to the Defamation Act 1996 (statements privileged subject to explanation or contradiction) —
a
in sub-paragraph (1)(a) of paragraph 11, for “or local authority committee” there shall be substituted “, local authority committee or in the case of a local authority which are operating executive arrangements the executive of that authority or a committee of that executive”; and
b
after sub-paragraph (1) of paragraph 11, there shall be inserted —
1A
In the case of a local authority which are operating executive arrangements, a fair and accurate record of any decision made by any member of the executive where that record is required to be made and available for public inspection by virtue of section 22 of the Local Government Act 2000 or of any provision in regulations made under that section.
; and
c
in sub-paragraph (2) of paragraph 11, for “In sub-paragraph (1)(a) — ” there shall be substituted —
In sub-paragraphs (1)(a) and (1A) —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Pupil referral units
32
In Schedule 1 to the Education Act 1996 (pupil referral units) —
a
in sub-paragraph (2) of paragraph 15 (management committees) —
i
for paragraph (d), there shall be substituted —
d
for requiring or (as the case may be) prohibiting the delegation by —
i
a local education authority; or
ii
in the case of a local education authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,
to a management committee of such functions in connection with pupil referral units as are specified in the regulations.
; and
ii
in paragraph (f) after “a local education authority” there shall be inserted “, and in the case of a local education authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive,”; and
b
after sub-paragraph (2) there shall be added —
3
In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.
.
Disqualification in certain cases of justices who are members of local authorities
33
In subsection (1) of section 66 of the Justices of the Peace Act 1997 (disqualification in certain cases of justices who are members of local authorities) —
a
for “or any committee or officer of the authority.” there shall be substituted “, any committee or officer of the authority or in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive.”; and
b
after subsection (7) there shall be inserted —
8
In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Transfer or delegation of functions relating to student support
34
In section 23 of the Teaching and Higher Education Act 1998 (transfer or delegation of functions relating to student support) —
a
for subsection (3), there shall be substituted —
3
Where any function is so exercisable by a local education authority, the functions shall be taken to be a function of that authority for the purposes of —
a
in the case of an authority which is not operating executive arrangements, section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities),
b
section 70 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of local authorities), and
c
in the case of an authority which is operating executive arrangements, section 13 of the Local Government Act 2000 and accordingly —
i
if, or to the extent that, that function is the responsibility of the executive of that authority sections 14 to 16 and any regulations made under sections 17 to 20 of that Act shall apply; or
ii
if, or to the extent that, that function is not the responsibility of that executive section 101 of the Local Government Act 1972 shall apply
; and
b
after subsection (10) there shall be inserted —
11
In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Disqualification from being the Mayor or an Assembly member
35
In section 21 of the Greater London Authority Act 1999 (disqualification from being the Mayor or an Assembly member) —
a
in subsection (2) after paragraph (b) there shall be inserted —
c
the executive or any committee of the executive of that council, where that council are operating executive arrangements and the membership of that executive includes the Mayor or one or more persons appointed on the nomination of the Authority acting by the Mayor, or
d
a member of the executive of that council, where that council are operating executive arrangements and that member is also the Mayor or a person appointed on the nomination of the Authority acting by the Mayor,
; and
b
after subsection (2) there shall be inserted —
2A
In this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Delegation
36
In section 38 of the Greater London Authority Act 1999 (delegation) —
a
in subsection (4), for “Where” there shall be substituted “Subject to subsection (5A), where”;
b
in subsection (5), for “Subsection” there shall be substituted the words “Subject to subsection (5A), subsection”;
c
after subsection (5), there shall be inserted —
5A
Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements —
a
that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
b
if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority —
i
subsections (4) and (5) above shall not apply; and
ii
sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
; and
d
after subsection (10), there shall be added —
11
For the purposes of this section “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Delegation of Authority’s functions
37
In section 380 of the Greater London Authority Act 1999 (delegation of Authority’s functions) —
a
in subsection (4), for “Where” there shall be substituted “Subject to subsection (5A), where”;
b
in subsection (5), for “Subsection” there shall be substituted “Subject to subsection (5A), subsection”;
c
there shall be inserted after subsection (5) —
5A
Where, by virtue of an authorisation under subsection (1) above, a duty is exercisable by a local authority which are operating executive arrangements —
a
that duty shall be treated as a function of that local authority for the purposes of section 13 of the Local Government Act 2000; and
b
if, or to the extent that, that duty is a function which is the responsibility of the executive of that authority,
i
subsections (4) and (5) above shall not apply; and
ii
sections 14 to 16 of the Local Government Act 2000 and any regulations made under sections 17 to 20 of that Act shall apply except to the extent that the terms of the authorisation or any conditions imposed by the Mayor under subsection (1) above otherwise provide.
; and
d
in subsection (13), before the definition of “Trafalgar Square” there shall be inserted —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;
.
Power to order parent or guardian to pay fine, costs or compensation
38
In section 137 of the Powers of Criminal Courts (Sentencing) Act 2000 (power to order parent or guardian to pay fine, costs or compensation) in subsection (8)(b), for “stand referred to their social services committees under” there shall be substituted “are social services functions within the meaning of”.
Adoption panels
39
In regulation 5 of the Adoption Agencies Regulations 1983 (establishment of adoption panel and appointment of members), after paragraph (6), there shall be added —
7
Where a local authority are operating executive arrangements, paragraphs (2)(b) and (6)(c) shall have effect as if the references in those paragraphs to a local authority’s social services committee were references to —
a
the authority’s executive; or
b
an overview and scrutiny committee of the authority where the committee’s functions under section 21 of the Local Government Act 2000 (overview and scrutiny committees) relate wholly or partly to any social services functions of the authority.
8
In paragraph (7) —
a
“executive”, “executive arrangements” and “overview and scrutiny committee” have the same meaning as in Part II of the Local Government Act 2000; and
b
“social services functions” has the same meaning as in section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”).
.
Independent visitors
40
In regulation 2 of the Definition of Independent Visitors (Children) Regulations 1991 (independent visitors), in sub-paragraph (i) of paragraph (a), after “elected or co-opted”, there shall be inserted “, or a council manager of the local authority (within the meaning of section 11(4)(b) of the Local Government Act 2000 (local authority executives))”.
Applications to court
41
In regulation 8 of the Children (Secure Accommodation) Regulations 1991 (applications to court), after “Local Government Act 1972”, there shall be inserted “or to provisions in or under sections 14 to 20 of the Local Government Act 2000”.
Information from public bodies
42
In regulation 4 of the Council Tax (Administration and Enforcement) Regulations 1992 (information from public bodies), in sub-paragraph (a) of paragraph (3), after “by a committee”, there shall be inserted “, any executive (within the meaning of Part II of the Local Government Act 2000), a committee of any executive or a member of any executive,”.
Special educational needs — approval of independent schools
43
In regulation 2(1) of the Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994 (interpretation) —
a
after the definition of “child with a statement”, there shall be inserted —
“executive” has the same meaning as in Part II of the Local Government Act 2000;
; and
b
in the definition of “local authority”, for “acting in the discharge of their functions under any of the enactments specified in Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to the social services committee)”, there shall be substituted “which is, or whose executive (if any) is, responsible for exercising social services functions within the meaning of section 1A of the Local Authority Social Services Act 1970 (meaning of “social services functions”)”.
NHS bodies and local authorities partnership arrangements
44
In regulation 10 of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (supplementary) —
a
after paragraph (2), there shall be inserted —
2A
Where a local authority in England is operating executive arrangements, a joint committee formed under paragraph (2) may include any person who is a member of that authority whether or not he is also a member of the executive of that authority.
; and
b
at the end, there shall be added —
4
In paragraph (2A), “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Disability of members of authorities for voting on account of prejudicial interests
45
1
Where a local authority are operating either executive arrangements or alternative arrangements, the provisions in this article shall apply.
2
Subject to the provisions of paragraphs (5) and (6), a member of the local authority must regard himself as having a prejudicial interest in a matter if —
a
he is present at a meeting of an overview and scrutiny committee of the local authority or a sub-committee of such a committee (whether or not he is a member of the committee or sub-committee);
b
the matter is the subject of consideration at the meeting; and
c
the matter was the subject of, or relates to, a decision made, or action taken, by —
i
another committee or sub-committee; or
ii
a joint committee or sub-committee of a joint committee,
of which he is also a member.
3
Subject to paragraph (7), where a member regards himself as having a prejudicial interest in a matter in accordance with paragraph (2), he must —
a
disclose the existence of the interest at the commencement of the discussion of the matter or, if later, as soon as it becomes apparent to him that he must regard himself as having a prejudicial interest in the matter;
b
immediately after he has disclosed the existence of the interest, withdraw from the meeting at which the matter is being considered, unless he has obtained a dispensation from the Secretary of State under the provisions of paragraphs (5) and (6); and
c
not return to the meeting while the matter is under consideration.
4
The proper officer of the authority shall record in a book to be kept for the purpose particulars of any disclosure made under paragraph (3)(a) and the book shall be open at all reasonable hours to the inspection of any member of the authority and, where the authority have a mayor and council manager executive, the council manager of the authority.
5
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by paragraphs (2) and (3) in any case in which the number of members of the overview and scrutiny committee, or the sub-committee of such a committee, disabled by those paragraphs at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.
6
The power of the Secretary of State under paragraph (5) includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member, or any class or description of member, of the authority, of an overview and scrutiny committee, or of a sub-committee of such a committee, by reason of such interests, and in respect of such matters, as may be specified by the Secretary of State.
7
Nothing in paragraph (3) precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to the Secretary of State for the exercise of the powers conferred by paragraphs (5) and (6) above.
8
In this article any reference to an overview and scrutiny committee shall include a reference to a committee of an authority operating alternative arrangements which is appointed to review or scrutinise decisions made, or other action taken, in connection with the discharge of functions of that authority.
9
The provisions in this article shall cease to have effect with respect to a local authority as soon as that local authority adopt a code of conduct within the meaning of Part III of the Local Government Act 2000 (conduct of local government members and employees).
Members of the executive
46
1
Where a member of an executive of a local authority ceases to be a councillor, in the case of a mayor and cabinet executive or leader and cabinet executive, he shall at the same time cease to be a member of the executive.
2
Where a councillor is appointed by an elected mayor as a member of a mayor and cabinet executive —
a
subject to sub-paragraph (b), unless the councillor resigns as a member of the executive or ceases to be a councillor, he shall hold office until the end of the term of office of the elected mayor;
b
the elected mayor may, if he thinks fit, remove him from office.
3
Where a councillor is appointed by an executive leader as a member of a leader and cabinet executive —
a
subject to sub-paragraph (b), unless the councillor resigns as a member of the executive or ceases to be a councillor, if the end of the term of office of the executive leader is provided for in executive arrangements, the councillor shall hold office until the end of that term;
b
the executive leader may, if he thinks fit, remove him from office.
4
Where, under the executive arrangements of a leader and cabinet executive, the authority determine the number of councillors who may be appointed to the executive under section 11(3)(b) of the Local Government Act 2000 , and the executive leader appoints the councillors to the executive, the executive leader shall —
a
appoint to the executive the number of councillors so determined; and
b
where a councillor ceases to be a member of the executive before the end of the term of office of the executive leader, appoint another councillor to the executive to replace him.
Mayor and cabinet executives
47
1
The provisions in this article apply in relation to executive arrangements by a local authority which involve a mayor and cabinet executive.
2
For the purposes of this article an elected mayor, deputy mayor or member of the executive is to be considered unable to act only if he is either suspended from office or is unfit to act on health grounds.
3
If for any reasons —
a
the elected mayor is unable to act or the office of elected mayor is vacant;
b
the deputy mayor is unable to act or the office of deputy mayor is vacant; and
c
only one other member of the executive is able to act,
that other member must act in the elected mayor’s place.
4
Subject to paragraphs (5) and (6), if for any reason —
a
the elected mayor is unable to act or the office of elected mayor is vacant; and
b
no other member of the executive is able to act or, because of vacancies, there are no other members of the executive,
the authority shall, as soon as reasonably practicable, appoint a councillor of the authority (“the interim mayor”) to act in the place of the elected mayor and appoint at least two, but not more than nine, councillors of the authority (“the interim members”) to act in the place of members of the executive appointed by the elected mayor.
5
The interim mayor and interim members shall not appoint councillors of the authority to the executive nor remove them from office.
6
For the purposes of section 11(8) of the Local Government Act 2000 (local authority executives), the interim mayor and interim members shall be treated as if they are not members of the executive.
7
Notwithstanding section 80 of the 1972 Act (disqualifications for election and holding office as a member of a local authority) or section 35 of the Local Government Act 1985 (disqualification), a person shall not be disqualified from being a member of a local authority or, as the case may be, a joint authority solely because he is an interim mayor or an interim member.
8
Where the interim mayor or an interim member ceases to be a councillor, he shall at the same time cease to be the interim mayor or, as the case may be, an interim member.
9
The authority may, if it thinks fit, remove the interim mayor or an interim member from office.
10
Any interim mayor and interim member, unless he resigns as interim mayor or, as the case may be, as interim member, ceases to be a councillor or is removed from office, shall hold office until —
a
the elected mayor becomes able to act;
b
where the office of elected mayor was vacant, a new elected mayor takes up office; or
c
a member of the executive appointed by the elected mayor becomes able to act,
whichever occurs first.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
19th June 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 , and a reference in these Regulations to a numbered regulation is a reference to the regulation of the principal Regulations which bears that number.
Amendment of the principal Regulations
3
Amend the principal Regulations in accordance with regulations 4 to 8.
4
1
Amend regulation 13 (modifications of section 432A of the Taxes Act ) as follows.
2
In paragraph (5), for the subsections (12) and (13) added by that paragraph substitute —
12
For the purposes of subsection (11) above “the relevant fraction”, subject to subsection (13) below, is —
( 0.5 × ( OLB + CLB ) ) - ( 0.5 × ( OLA + CLA ) ) ( 0.5 × ( OTB + CTB ) ) - ( 0.5 × ( OTA + CTA ) )
Here —
OLB and CLB are respectively the balances brought forward and carried forward in the fund accounts for those accounts within which the society conducts its long-term business;
OLA and CLA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business carried on by the society;
OTB and CTB are respectively the total balances brought forward and carried forward on all the society’s fund accounts; and
OTA and CTA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business or for the purposes of other specific business carried on by the society.
13
A balance on a general management fund or a general reserve fund shall be excluded from all the values and balances involved in the calculation of the relevant fraction for the purposes of subsection (11) above.
.
5
Omit regulations 17 and 18.
6
After regulation 21 insert —
Modification of section 438B of the Taxes Act
21A
1
Paragraphs (2) to (4) prescribe modifications of section 438B of the Taxes Act so far as it applies to friendly societies.
2
In subsection (1) before the words “basic life assurance and general annuity business” there shall be inserted the word “taxable”.
3
In subsection (3) before the words “basic life assurance and general annuity business” there shall be inserted the word “taxable”.
4
In paragraph (b) of subsection (5) before the words “BLAGAB profits” there shall be inserted the word “taxable”.
5
This regulation has effect from 6th April 2001.
21B
1
Paragraph (2) prescribes a modification of section 438B of the Taxes Act so far as it applies to —
a
non-directive societies, and
b
incorporated directive friendly societies to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992 applies.
2
After subsection (6) there shall be added —
7
In subsection (1) above “an asset of its long-term business fund” means —
a
an asset held primarily for the purposes of long-term business carried on by the society; and
b
the relevant fraction of each asset held neither primarily for the purposes of long term business nor primarily for the purposes of some other specific business carried on by the society.
8
For the purposes of subsection (7) above “the relevant fraction”, subject to subsection (9) below, is —
( 0.5 × ( OLB + CLB ) ) - ( 0.5 × ( OLA + CLA ) ) ( 0.5 × ( OTB + CTB ) ) - ( 0.5 × ( OTA + CTA ) )
Here —
OLB and CLB are respectively the balances brought forward and carried forward in the fund accounts for those funds within which the society conducts its long-term business;
OLA and CLA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business carried on by the society;
OTB and CTB are respectively the total balances brought forward and carried forward on all the society’s fund accounts; and
OTA and CTA are respectively the opening and closing values of the assets already recognised at the beginning and end of the period of account as held for the purposes of long-term business or for the purposes of other specific business carried on by the society.
9
A balance on a general management fund or a general reserve fund shall be excluded from all the values and balances involved in the calculation of the relevant fraction for the purposes of subsection (7) above.
10
For the purposes of subsection (8) above references to balances brought forward and carried forward are reference to balances shown as brought forward and carried forward in the society’s periodical return.
.
3
This regulation has effect from 6th April 2001.
.
7
Omit regulation 41.
8
After regulation 53B insert —
Modification of section 256 of the Capital Allowances Act 2001
53C
1
Paragraphs (2) and (3) prescribe modifications of section 256 of the Capital Allowances Act 2001 so far as it applies to the life or endowment business carried on by friendly societies for chargeable periods ending on or after 1st April 2001.
2
In subsection (1)(a) before the words “basic life assurance and general assurance business” there shall be inserted the word “taxable”.
3
In subsection (2)(a) before the words “basic life assurance and general assurance business” there shall be inserted the word “taxable”.
Modification of section 560 of the Capital Allowances Act 2001
53D
1
Paragraph (2) prescribes a modification of section 560 of the Capital Allowances Act 2001 in respect of specified transactions occurring during chargeable periods ending on or after 1st April 2001.
2
In subsection (1) omit paragraph (b) .
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
11th December 2001


text:
1
This Order may be cited as the A428 Trunk Road (Cambourne Development Trunk Road and Slip Roads) Order 2001 and shall come into force on 17th September 2001.
2
The new highways which the Secretary of State proposes to construct —
a
along the route described in Schedule 1 to this Order (the highway along this route being in this Order referred to as “the main new trunk road”); and
b
along the routes described in Schedule 2 to this Order which connect the main new trunk road with other highways at the places stated in that Schedule (the highways along these routes being in this Order referred to as “the slip roads”).
shall become trunk roads as from the date when this Order comes into force.
3
The centre line of the main new trunk road and of each of the new slip roads is indicated by a heavy black line on the deposited plan.
4
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.
5
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the deposited plan”
means the plan folio numbered HA 019/033/0114 marked “The A428 Trunk Road (Cambourne Development Trunk Road and Slips Roads) Order 2001”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE;
ii
“the Trunk Road”
means the A428 Trunk Road, known locally asSt Neots Road;
iii
“the main new trunk road” and “the slip roads”
have the meanings given in Article 2 of this Order; and
iv
“the new trunk roads”
mean the highways mentioned in Article 2 of this Order.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W. S. C. Wadrup
A Divisional Director in the Highways Agency
19th July 2001


text:
Title, extent and commencement
1
These Regulations extend to England only, may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2001 and shall come into force on 31st December 2001.
Amendment of the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
Schedule 7, Part III, to the Welfare of Animals (Slaughter or Killing) Regulations 1995 , shall be amended as follows —
a
for paragraph 7(2) there shall be substituted the following:
2
In this Part “gas mixture” means either —
a
argon, nitrogen or other inert gases, or any mixture of these gases, in atmospheric air with a maximum of 2% oxygen by volume; or
b
any mixture of argon, nitrogen, or other inert gases with atmospheric air and carbon dioxide provided that the carbon dioxide concentration does not exceed 30% by volume and the oxygen concentration does not exceed 2% by volume.
;
b
in paragraph 8(c)(iii)(bb) (which provides for a warning signal if the concentration of carbon dioxide rises above or falls below certain levels) for the words “falls below 25% or rises above 30%” there shall be substituted the words “rises above 30%”; and
c
in paragraph 10(b)(ii) (which provides that no bird shall enter the chamber if the displayed concentration of carbon dioxide is above or below a certain volume) for the words “below 25% by volume or above 30% by volume” there shall be substituted the words “above 30% by volume”.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
30th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Ashford (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 Ashford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Ashford (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Ashford
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty-five 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, parish wards, parishes and parish wards 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 Ashford
3
1
The ordinary elections of all councillors of the borough of Ashford 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 Great Chart with Singleton
4
1
The parish of Great Chart with Singleton shall be divided into two parish wards which shall bear the names Great Chart with Singleton North and Singleton South; and each parish ward shall comprise the area of the borough ward bearing the same name.
2
The number of councillors to be elected for the Great Chart with Singleton North parish ward shall be five, and for the Singleton South parish ward shall be six.
Wards of the parish of Kingsnorth
5
1
The existing wards of the parish of Kingsnorth shall be abolished.
2
The parish of Kingsnorth shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be two.
Wards of the parish of Sevington
6
The parish of Sevington 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 borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be one.
Wards of the parish of Stanhope
7
1
The parish of Stanhope shall be divided into two parish wards which shall bear the names Stanhope Central and Stanhope Speldhurst; the Stanhope Central parish ward shall comprise the area of the borough ward of Stanhope; and the Stanhope Speldhurst parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the Stanhope Central parish ward shall be ten, and for the Stanhope Speldhurst parish ward shall be one.
Wards of the parish of Tenterden
8
1
The existing wards of the parish of Tenterden shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names St Michaels, Tenterden North, Tenterden South and Tenterden West; the parish wards of St Michaels, Tenterden North and Tenterden South shall comprise the areas of the borough wards of the same name; and the Tenterden West parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the St Michaels and Tenterden South parish wards shall be five, for the Tenterden North parish ward shall be four, and for the Tenterden West parish ward shall be two.
Revocation
9
The Borough of Ashford (Electoral Arrangements) Order 1975 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 and commencement
1
This Order may be cited as the Bristol Education Action Zone (Variation) Order 2001 and shall come into force on 6th April 2001.
Variation and Amendment of the Bristol Education Action Zone Order 2000
2
1
The Bristol Education Action Zone Order 2000 shall be varied in accordance with paragraph (2) of this article, and amended in accordance with paragraphs (3) and (4).
2
In Schedule 2 before the words “Cabot Primary School” there shall be inserted the words “Bristol Gateway School, DfEE number 8017001, Mogg Street, St Werburgh's, Bristol BS2 9UR.”
3
In paragraph (c) of Article 5 the word “five” shall be replaced by the word “six”.
4
In Schedule 1 the name, address and company details of the partner “Include” shall be deleted.
Estelle Morris
Minister of State,
Department for Education and Employment
7th March 2001


text:
1
This Order may be cited as the Finance Act 2001, section 24 and Schedule 4, (Appointed Day) Order 2001.
2
The date appointed as the day on which paragraphs 5 and 6 of Schedule 4 to the Finance Act 2001 come into force is 20th December 2001.
3
The date appointed as the day on which section 24 of and paragraphs 1, 2, 3, 4, 7 and 8 of Schedule 4 to the Finance Act 2001 come into force is 11th January 2002.
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
19th December 2001


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Personal Injuries (Civilians) Amendment Scheme 2001 and shall, subject to articles (2) to (6), come into force on 9th April 2001 (“the commencement date”).
2
In this Scheme, “the principal Scheme” means the Personal Injuries (Civilians) Scheme 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Scheme which bears that number.
Amendments to the principal Scheme and application
2
1
The amendments to the principal Scheme contained in Schedule 1 to this Scheme shall have effect.
2
Paragraphs 1, 3, 4, 5(a), (b) and (d), and 9 to 11, 16(b) and (c) and 18 to 21 of Schedule 1 to this Scheme (which amend articles 2, 14, 15, 16, 18(2), (2A) and (7), 25A, 26A, 33 to 35, 76(3)(b) and Schedule 5 and insert article 76(2A)) shall apply for the purposes of decisions made on or after the commencement date.
3
Paragraph 5(c) of Schedule 1 to this Scheme (which amends paragraph (5)(b) of article 18) shall apply for the purposes of claims made on or after the date which is six months after the commencement date.
4
Paragraphs 12 and 13(a) of Schedule 1 to this Scheme (which amend articles 64 and 67(1)(c)) shall apply for the purposes of deductions of pensions and allowances made for any day on or after the commencement date.
5
Paragraphs 13(b) and 14 of Schedule 1 to this Scheme (which amend articles 67(1)(d) and 68) shall apply for the purposes of decisions to withhold or forfeit a pension made on or after the commencement date.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
13th February 2001
We approve
Jim Dowd
Clive J. C. Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
14th February 2001


text:
1
These Regulations may be cited as the Air Passenger Duty (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
The Air Passenger Duty Regulations 1994 (“the Regulations”) shall be amended by substituting the form of return set out in the Schedule for the form of return set out in Schedule 3 to the Regulations.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London SE1 9PJ
8th March 2001


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority (Miscellaneous Amendments) (No. 2) Order 2001 and shall come into force on the day after the day on which it is made.
Amendment of enactments
2
The amendments of the enactments indicated in the Schedule to this Order shall have effect.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
19th November 2001


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of Schedule 1 to the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2000 . The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article: —
a
by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and
b
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
2
The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2000 is hereby revoked.
3
a
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
b
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
c
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
d
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2001.
2
This Order shall come into operation on the first day of January 2002.
Dated this fifth day of June 2001
J Laws
G F Tattersall
H M Morgan
M G S Farrell
C A Pym
T E Allen
Approved by the General Synod
D M Williams
Clerk to the Synod
the 6th day of July 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 7) Regulations 2001 and shall come into force on 1st January 2002.
2
These regulations extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
1
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of this Regulation.
2
In regulation 2(1) (interpretation) —
a
the definition of “general anaesthesia list” is omitted; and
b
in the definition of “treatment” the words “general anaesthesia and” are omitted.
3
In regulation 4(2) (dental list) —
a
at the end of sub-paragraph (b)(ii) the word “and” is inserted;
b
at the end of sub-paragraph (b)(iii) the words “; and” are omitted; and
c
head (iv) of sub-paragraph (b) is omitted.
4
Regulation 5D (general anaesthesia list) and regulation 5E (removal from or amendment of general anaesthesia list) are omitted.
5
In Schedule 1 (terms of services for dentists) —
a
in paragraph 4(3)(g) the words “general anaesthesia or” are omitted;
b
in paragraph 16(3)(c) the following words are omitted “wholly under general dental services or”;
c
in paragraph 21, sub-paragraphs (1) and (4) are omitted;
d
paragraph 33A is omitted; and
e
paragraph 40 is omitted.
Signed by authority of the Secretary of State.
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th December 2001


text:
Citation and commencement
1
These Regulations shall be cited as the Social Security Amendment (Capital Disregards and Recovery of Benefits) Regulations 2001 and shall come into force on 12th April 2001.
Capital to be disregarded
2
1
There shall be added as paragraph 64 of Schedule 10 to the Income Support (General) Regulations 1987 and paragraph 57 of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 (capital to be disregarded) the following paragraph —
1
Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is —
a
a diagnosed person;
b
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
c
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made, or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is —
a
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
b
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
c
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
4
Where a payment as referred to in sub-paragraph (3) is made to —
a
a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
5
In this paragraph, a reference to a person —
a
being the diagnosed person’s partner;
b
being a member of the diagnosed person’s family; or
c
acting in the place of the diagnosed person’s parents,
at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.
.
2
There shall be added as paragraph 66 of Schedule 5 to both the Council Tax Benefit (General) Regulations 1992 and the Housing Benefit (General) Regulations 1987 (capital to be disregarded) the following paragraph —
1
Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant’s family who is —
a
a diagnosed person;
b
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of diagnosed person’s death;
c
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant’s family who is —
a
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
b
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
c
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
4
Where a payment as referred to in sub-paragraph (3) is made to —
a
a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
5
In this paragraph, a reference to a person —
a
being the diagnosed person’s partner;
b
being a member of the diagnosed person’s family; or
c
acting in the place of the diagnosed person’s parents,
at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“residential accommodation”, “residential care home” and “nursing home” shall have the same meanings as for the purposes of the Income Support (General) Regulations 1987;
“trust payment” means a payment under a relevant trust.
.
Amendment of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
3
In regulation 8(2) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (deductions from an award of a funeral payment), after the words “the Eileen Trust”, in the first place where those words appear, there shall be inserted the words “or under a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions”.
Amendment of the Social Security (Recovery of Benefits) Regulations 1997
4
In regulation 2(1) of the Social Security (Recovery of Benefits) Regulations 1997 (exempted trusts and payments), after sub-paragraph (d) there shall be added the following sub-paragraphs —
e
a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for interim payments in accordance with its provisions;
f
a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments, other than interim payments, in accordance with its provisions
.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
21st March 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Model Code of Conduct) (England) Order 2001 and shall come into force on 27th November 2001.
2
This Order applies in relation to these authorities in England —
a
a county council;
b
a district council;
c
a London borough council;
d
the Greater London Authority;
e
the London Fire and Emergency Planning Authority;
f
the Common Council of the City of London in its capacity as a local authority or police authority;
g
the Council of the Isles of Scilly;
h
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ; and
i
a joint authority established by Part IV of the Local Government Act 1985 ,
and references to “authority” shall be construed accordingly.
Model code of conduct — authorities operating executive arrangements
2
1
The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities which are operating executive arrangements and that code is set out in Schedule 1 to this Order.
2
For such authorities, all the provisions of the model code in Schedule 1 to this Order are mandatory .
3
Where an authority which is not operating executive arrangements begins to do so, Schedule 1 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority begins to operate those arrangements.
Model code of conduct — authorities not operating executive arrangements
3
1
The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities which are not operating executive arrangements and that code is set out in Schedule 2 to this Order.
2
For such authorities, all the provisions of the model code in Schedule 2 to this Order are mandatory.
3
Where an authority which is operating executive arrangements ceases to do so , Schedule 2 to this Order shall have effect in relation to that authority as if it consisted of mandatory provisions of a model code of conduct issued in a subsequent order made under section 51(2) of the Local Government Act 2000 on the day on which the authority ceases to operate those arrangements.
Transitional provision
4
1
On the day an authority’s code of conduct is adopted or applied to it, the following shall, where applicable to the authority, be disapplied as respects that authority until 27th July 2002 —
a
sections 94 to 98 and 105 of the Local Government Act 1972 ;
b
any order made under section 83 of the Local Government Act 1972 ;
c
section 30(3A) of the Local Government Act 1974 ;
d
any regulations made or code issued under sections 19 and 31 of the Local Government and Housing Act 1989 ;
e
in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b) ;
f
section 18 of the Audit Commission Act 1998 ;
g
any order made under section 28 of the Greater London Authority Act 1999 ; and
h
any guidance issued under section 66 of the Greater London Authority Act 1999.
2
Section 16(1) of the Interpretation Act 1978 shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
5th November 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Ascertainment of Value) (No. 5) Order 2001; it extends to England and comes into force on the 30th July 2001.
Ascertainment of value of an animal
2
1
For the purposes of paragraph 3(2) of Schedule 3 to the Animal Health Act 1981, the value of an animal slaughtered by the Minister because of foot-and-mouth disease shall be ascertained in accordance with this Order and not the Diseases of Animals (Ascertainment of Compensation) Order 1959 .
2
The value of an animal valued under this Order shall be the amount determined in writing by a valuer appointed and paid for by the Minister.
3
If within 14 days after the owner has received the valuation made in accordance with paragraph (2), he has not given notice in writing to the Minister that he disputes that valuation, he shall be deemed to have accepted that valuation.
4
Where the owner has given notice in accordance with paragraph (3) he may refer the question of the value of the animal to an arbitrator appointed jointly by the Minister and the owner of that animal, or failing such appointment, by an arbitrator appointed by the President of the Royal Institution of Chartered Surveyors.
5
Liability for the costs of the arbitration shall be determined by the arbitrator.
6
Once the value of the animal has been determined in accordance with paragraph (2), nothing in this article shall authorise any delay in the slaughtering of that animal pursuant to the powers of the Minister under section 31 of, and paragraph 3(1) of Schedule 3 to, the Animal Health Act 1981.
Revocation
3
The Foot-and-Mouth Disease (Ascertainment of Value) (No. 4) Order 2001 is revoked.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
27th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Great Ormond Street Hospital for Children (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 Barts and The London National Health Service Trust;
“the Special Trustees” means the Special Trustees for Great Ormond Street Hospital for Children;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 27th February 2001.
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 Special Trustees 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 and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Barts and The London National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th March 2001


text:
1
This Order may be cited as the A556 Trunk Road in Cheshire (A556/A54 Junction to M6 Motorway) (Detrunking) Order 2001 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan”
means the plan numbered HA10/PS/253 consisting of sheets 1 and 2 and marked “The A556 Trunk Road in Cheshire (A556/A54 Junction to M6 Motorway) (Detrunking) Order 2001” signed by authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A556 Trunk Road
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Highways Agency
21st November 2001


text:
Citation
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 4 and Transitional Provision) Order 2001.
Appointed days
2
1
3rd July 2001 is the day appointed for the coming into force of —
a
paragraph 6 of Schedule 20 to the Act (amendment of the Tribunals and Inquiries Act 1992 ); and
b
section 432(1) of the Act, for the purpose of introducing Schedule 20 to that extent.
2
19th July 2001 is the day appointed for the coming into force of paragraphs 7 and 8 of Schedule 1 to the Act (arrangements for the investigation of complaints), for the purpose of enabling the Authority to make the complaints scheme and appoint the investigator.
Transitional saving in relation to the Financial Services Tribunal
3
Notwithstanding paragraph 6 of Schedule 20 to the Act, Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under supervision of the Council on Tribunals) is to be treated as if it still contained the existing entry relating to financial services and paragraph 18 (which refers to the Financial Services Tribunal established under section 96 of the Financial Services Act 1986 ), for as long as that Tribunal retains functions conferred by or under any enactment.
Nick Ainger
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd July 2001