text:
PART I
GENERAL
Citation, commencement, application and extent
1
1
These Regulations may be cited as the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2000 and shall come into force on 1st September 2000.
2
These Regulations apply in the case of —
a
any application under section 36 of the Electricity Act 1989 for consent to construct, extend or operate a generating station; or
b
any application under section 37 of the Electricity Act 1989 for consent to install or keep installed an electric line above ground,
which is received by the Secretary of State on or after the date on which these Regulations come into force.
3
These Regulations extend throughout England and Wales.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Electricity Act 1989 and references to sections are references to sections of the Act;
“the consultative bodies” means —
(other than in relation to development which is or is to be situated in the English area) the local planning authority and any principal council for the area where the land is situated, if not the local planning authority;
where the application or proposed application relates to a site in England, the Countryside Agency and the Nature Conservancy Council for England ;
where the application or proposed application relates to a site in Wales, the Countryside Council for Wales ; and
where the application or proposed application relates to a section 36 consent, the Environment Agency ;
“development” means the carrying out of building, engineering or other operations in, on, over or under land or sea in pursuance of any application to which these Regulations apply;
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ EIA development” means development which is —
Schedule 1 development;
Schedule 2 development which falls within regulation 3(2); or
any other development which the Secretary of State determines is EIA development in accordance with regulation 3(4);
“electric line” has the same meaning as in section 64;
“the English area” means the area so defined in Article 1(2) of the Civil Jurisdiction (Offshore Activities) Order 1987 ;
“environmental information” means the environmental statement prepared by the applicant, any representations duly made by any consultative body or any other person consulted pursuant to regulation 11(2)(a)(ii) and any representations duly made by any other person about the likely environmental effects of the proposed development;
“environmental statement” means a statement prepared in respect of development in accordance with regulation 4(1) (including any further information submitted by the applicant pursuant to a requirement under regulation 13(1));
“generating station” has the same meaning as in section 64;
“local planning authority” has the same meaning as is assigned to “ relevant planning authority” by sub-paragraph (a), (aa) or (ab) (as the case may be) of paragraph 2(6) of Schedule 8 to the Act ;
“principal council” has the same meaning as in section 270(1) of the Local Government Act 1972 ;
“register” means the register kept pursuant to section 69 of the Town and Country Planning Act 1990 ;
“Schedule 1 development” means development of a description set out in Schedule 1;
“Schedule 2 development” means development of a description set out in Schedule 2;
“scoping opinion” means a written statement of opinion of the Secretary of State given in accordance with regulation 7;
“screening opinion” means a written statement of opinion of the Secretary of State as to whether the development in question is EIA development;
“section 36 consent” means a consent under section 36 to construct, extend or operate a generating station; and
“section 37 consent” means a consent under section 37 to install or keep installed an electric line above ground.
2
Except where the context otherwise requires, in these Regulations any reference to a numbered regulation or Schedule is a reference to the regulation in or the Schedule to these Regulations bearing that number and any reference in a regulation to a paragraph is a reference to a paragraph of that regulation.
Prohibition of grant of consent without consideration of environmental information
3
1
The Secretary of State shall not grant a section 36 consent or a section 37 consent which relates to EIA development unless the requirements of regulation 4 have been satisfied.
2
Schedule 2 development shall constitute EIA development if one of the events set out in paragraph (3) has occurred.
3
The events referred to in paragraph (2) are:
a
the submission by the applicant in relation to the proposed development of a document referred to by the applicant as an environmental statement for the purposes of these Regulations; or
b
a determination by the Secretary of State (whether pursuant to a request for a screening opinion or regulation 6), having taken into account such of the criteria set out in Schedule 3 as are relevant to the development, that the application relates to EIA development as the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
4
In spite of the fact that any development is not Schedule 1 development or Schedule 2 development, the Secretary of State may, having taken into account such of the criteria set out in Schedule 3 as are relevant to the development, make a determination (whether pursuant to a request for a screening opinion or regulation 6) that an application for a section 36 consent or a section 37 consent is for EIA development as the development is likely to have significant effects on the environment by virtue of factors such as its nature, size or location.
Procedure for grant of consent where an environmental statement is required
4
1
An applicant shall submit in relation to any application for a section 36 consent or a section 37 consent which relates to EIA development an environmental statement which includes —
a
at least the information referred to in Part II of Schedule 4; and
b
such of the information referred to in Part I of Schedule 4 as is reasonably required to assess the environmental effects of the development and which, having regard in particular to current knowledge and methods of assessment, the applicant can reasonably be required to compile, taking into account the terms of any scoping opinion given.
2
In relation to any application for a section 36 consent or a section 37 consent which relates to EIA development, the Secretary of State shall not grant the required consent unless —
a
he is satisfied that the applicant has complied with his obligations under paragraph (l);
b
he has taken into consideration the environmental information (including without limitation any views expressed by other EEA States under regulation 12) and states in his decision in relation to that consent that he has done so; and
c
the procedures laid down in regulations 9, 11, 12, 13 and 14 have been followed in so far as they are applicable.
PART II
SCREENING
Procedure for a screening opinion by Secretary of State
5
1
A person who is minded to apply for a section 36 consent or a section 37 consent for development which he considers may be EIA development may make a written request to the Secretary of State for a screening opinion.
2
A request for a screening opinion shall be accompanied by —
a
a plan sufficient to identify the site which is the subject of the proposed development;
b
a brief description of the nature and purpose of the proposed development and of its possible effects on the environment; and
c
such further information or representations as the person making the request may wish to provide or make.
3
The Secretary of State, on receiving a request for a screening opinion shall, if he considers that he has not been provided with sufficient information to give an opinion, within three weeks of the receipt of the request by him give notice to the person making the request of the particular points on which he requires further information.
4
Where the Secretary of State considers that he has sufficient information he shall consult the local planning authority within whose area the land which is the subject of the proposed application is situated (or, in relation to a proposed development in, on, over or under the sea, such local planning authority or local planning authorities as he considers appropriate) as to its views on whether the proposed development is EIA development, unless the person requesting a screening opinion has already conveyed that authority’s views to the Secretary of State.
5
A local planning authority shall give its views to the Secretary of State within three weeks of the date on which it was consulted under paragraph (4) (or such longer period as the Secretary of State may determine).
6
When the Secretary of State considers that he has sufficient information he shall give a screening opinion within three weeks of whichever is the latest of —
a
the date of receipt of the request by the Secretary of State;
b
the date by which he has received all the further information required by him in a notice given under paragraph (3); and
c
the date by which the local planning authority is required to give its views under paragraph (5) (or, if earlier, the date by which the Secretary of State has received the views of the local planning authority),
or within such longer period as may be agreed in writing with the person making the request.
7
Where the Secretary of State determines that the application for consent is for EIA development, he shall provide with the screening opinion a written statement giving full reasons for his determination.
Application made without an environmental statement
6
1
Where an application is made to the Secretary of State for a section 36 consent or a section 37 consent but —
a
the application is not accompanied by a document referred to by the applicant as an environmental statement; and
b
the proposed development has not previously been the subject of a screening opinion,
the Secretary of State shall make a determination as to whether or not the application for consent is for EIA development within three weeks of whichever is the latest of —
i
the date of receipt of the application by the Secretary of State;
ii
the date by which he has received all the further information required by him in a notice given pursuant to a notice under regulation 5(3) as applied by paragraph (2); and
iii
the date by which the local planning authority is required to give its views under regulation 5(5) as applied by paragraph (2) (or, if earlier, the date by which the Secretary of State has received the views of the local planning authority),
or within such longer period as may be agreed in writing with the applicant and give notice to the applicant in writing accordingly, giving full reasons for his determination.
2
When making any determination under paragraph (1) the Secretary of State may have recourse to procedures laid down in regulation 5 as if the applicant had made a request for a screening opinion and in particular may require the applicant to provide the information set out in regulation 5(2), may require further information in accordance with regulation 5(3) and consult the relevant local planning authority in accordance with regulation 5(4) and regulation 5(5).
3
The applicant may, within three weeks beginning with the date a notice is given pursuant to paragraph (1) that the proposed development is EIA development, write to the Secretary of State to inform him that he proposes to provide an environmental statement.
4
If pursuant to paragraph (1) the Secretary of State determines that the proposed development is EIA development and the applicant takes no action in accordance with paragraph (3) the consent applied for shall be deemed to be refused at the end of the three week period referred to in paragraph (3).
PART III
PREPARATION OF AN ENVIRONMENTAL STATEMENT
Procedure for a scoping opinion by Secretary of State
7
1
A person who is minded to apply for a section 36 consent or a section 37 consent for development which is or may be EIA development may make a written request for the Secretary of State to state in writing his opinion as to the information to be provided in the environmental statement (a “ scoping opinion ”).
2
A request for a scoping opinion shall be accompanied by —
a
a plan sufficient to identify the site which is the subject of the proposed development;
b
a brief description of the nature and purpose of the proposed development and of its possible effects on the environment; and
c
such further information or representations as the person making the request may wish to provide or make.
3
The Secretary of State, on receiving a request for a scoping opinion shall, if he considers that he has not been provided with sufficient information to give an opinion, within three weeks of the receipt of the request by him give notice to the person making the request of the particular points on which he requires further information.
4
When the Secretary of State considers that he has sufficient information he shall consult —
a
the person making the request under paragraph (1);
b
the appropriate consultative bodies; and
c
any other person who in the opinion of the Secretary of State is likely to be concerned by the proposed development by reason of his specific environmental responsibilities,
and give them three weeks (or such longer period as that person and the Secretary of State may agree) to make representations regarding the content of the scoping opinion.
5
The Secretary of State shall not give a scoping opinion until he is satisfied that the requirements for consultation provided for in paragraph (4) have been met and he has considered any representations received by him pursuant to such consultation regarding the scoping opinion which he proposes to give.
6
The Secretary of State shall give a scoping opinion within three weeks of whichever is the latest of —
a
the date of receipt of the request by the Secretary of State;
b
the date by which he has received all the further information required by him in a notice given under paragraph (3); and
c
the last date by which any person consulted under paragraph (4) is required to make representations (or if earlier, the date by which the Secretary of State has received the last of the representations of such persons),
or within such longer period as may be agreed in writing with the person making the request for a scoping opinion.
7
Before giving a scoping opinion the Secretary of State shall, having regard to current knowledge and methods of assessment, take into account —
a
the specific characteristics of the proposed development;
b
the specific characteristics of that type of development; and
c
the environmental features likely to be affected.
8
Where a person has, at the same time as making a request for a screening opinion under regulation 5(1), asked the Secretary of State for a scoping opinion under paragraph (1), and the Secretary of State has given a screening opinion to the effect that the development is EIA development, the Secretary of State shall begin the procedures relating to scoping on the date on which he gives the screening opinion.
Procedure to facilitate preparation of an environmental statement
8
1
A prospective applicant may give the Secretary of State notice in writing that he intends to make an application for a section 36 consent or a section 37 consent in relation to any development and to submit an environmental statement with his application.
2
A notice under paragraph (1) shall include the information necessary to identify, or be accompanied by documents identifying, the location and the nature and purpose of the proposed development, and shall indicate the main environmental consequences to which the prospective applicant proposes to refer to in his environmental statement.
3
Where the Secretary of State receives such a notice as is mentioned in paragraph (1), he shall —
a
give notice to the appropriate consultative bodies (and such other persons that are in his opinion likely to be concerned by the proposed development by reason of their specific environmental responsibilities) in writing of the name and address of the prospective applicant and of the duty imposed upon them by regulation 15 to make information available to the prospective applicant; and
b
give notice to the prospective applicant in writing of the names and addresses of the consultative bodies and persons so notified.
4
Where an application for a section 36 consent or a section 37 consent in relation to development has been made without an environmental statement, and —
a
the Secretary of State has given notice to the applicant pursuant to regulation 6 that the development constitutes EIA development; or
b
the applicant has informed the Secretary of State that he proposes to submit an environmental statement,
the Secretary of State shall take the action specified in paragraph (3)(a) and (b) which shall be read as if references to the prospective applicant were references to the applicant.
PART IV
PUBLICITY AND PROCEDURES
Publicity where an application is accompanied by an environmental statement
9
1
In any case where an applicant for a section 36 consent or a section 37 consent which relates to EIA development has provided the Secretary of State with an environmental statement the applicant shall publish in two successive weeks in one or more local newspapers circulating in the locality in which the land to which the application relates is situated (or, if the proposed development is in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed development) a notice containing the information specified in paragraph (2).
2
A notice to which paragraph (1) applies shall —
a
describe the application in question and state that it is accompanied by an environmental statement;
b
state that copies of the environmental statement may be inspected at or obtained from an address in the locality in which the land to which the application relates is situated (or, if the proposed development is in, on, over or under the sea, an address in England and Wales) and specify the amount of any payment required to be paid for a copy of the environmental statement; and
c
state a date, not less than four weeks after the date on which the notice is to be last published in accordance with paragraph (1), by which any person may make representations in relation to the application in question to the Secretary of State and specify the address to which any such representations are to be sent.
3
A notice under paragraph (1) may be combined with any other notice which the applicant may be required to publish in respect of his application.
4
A reasonable charge reflecting printing and distribution costs may be made in relation to the supply of a copy of an environmental statement to any person except that the copies served pursuant to regulation 11(1) or 11(3) shall be supplied free of charge.
Publicity of opinions, determinations and decisions
10
1
The Secretary of State shall send to the local planning authority within whose area the land which is the subject of the proposed application is situated (or, in relation to a proposed development in, on, over or under the sea, such local planning authority or local planning authorities as the Secretary of State considers appropriate) a copy of —
a
any screening opinion or determination under regulation 6; and
b
any scoping opinion,
and the relevant local planning authority shall take steps to ensure that such documents are made available for public inspection at all reasonable hours at the place where the register is kept.
2
If an application for a section 36 consent or a section 37 consent is made and any documents relating to it are sent to a local planning authority pursuant to paragraph (1), the local planning authority shall take steps to ensure that the documents received pursuant to paragraph (1) are also placed on Part I of the register (together with a copy of any environmental statement served on the local planning authority pursuant to regulation 11).
3
Where an application for a section 36 consent or a section 37 consent which relates to EIA development is determined by the Secretary of State, the Secretary of State shall inform the public by issuing a press notice (or by such other means as he considers appropriate) and shall send to the local planning authority within whose area the land which is the subject of the application is situated (or, in relation to a development in, on, over or under the sea, such local planning authority or local planning authorities as the Secretary of State considers appropriate) a statement containing —
a
the content of any decision and any conditions attached to any consent granted;
b
the main reasons and considerations on which the decision is based; and
c
a description where necessary of the principal measures to avoid, reduce and offset the major adverse effects of the development,
and that local planning authority shall make such statement available for public inspection at all reasonable hours at the place where the register is kept.
4
The Secretary of State shall also make the information contained in the press or other notice issued pursuant to paragraph (3) available to any EEA State consulted in accordance with regulation 12.
Procedure where Secretary of State receives an environmental statement
11
1
Where an applicant submits to the Secretary of State an environmental statement relating to an application for a section 36 consent or a section 37 consent and also serves a copy of the environmental statement on any appropriate consultative body, he shall —
a
serve with it a copy of the application and any plan submitted with it (unless he has already served those documents on the consultative body in question);
b
inform the consultative body that representations may be made to the Secretary of State; and
c
inform the Secretary of State of the name of every consultative body whom he has so served and of the date on which he did so.
2
Where the Secretary of State receives an environmental statement in connection with an application for a section 36 consent or a section 37 consent he shall within two weeks of receiving the environmental statement —
a
give notice to —
i
the appropriate consultative bodies upon whom the applicant has not served a copy of the environmental statement; and
ii
any other person that in his opinion is likely to be concerned by the proposed development by reason of his specific environmental responsibilities,
that an environmental statement will be taken into consideration in determining the application, elicit whether any such consultative body or person wishes to receive a copy of the environmental statement and inform them that they may make representations or express their views; and
b
give the applicant notice of the copies of the environmental statement required by those consultative bodies or persons and of the names and addresses of the consultative bodies or persons concerned.
3
The applicant shall serve copies of the environmental statement on any consultative body or person of whom he receives notice pursuant to paragraph (2)(b) and shall inform the Secretary of State of the date on which he did so.
4
The Secretary of State shall not determine the application until after the later of fourteen days from the last date on which a copy of the environmental statement was served in accordance with this regulation and the date stated in the notice published by the applicant pursuant to regulation 9(1).
Projects affecting other EEA States
12
1
Where —
a
an applicant submits to the Secretary of State an application for EIA development and it appears to the Secretary of State that the proposed EIA development is likely to have significant effects on the environment in another EEA State; or
b
another EEA State likely to be significantly affected by any proposed EIA development so requests,
the Secretary of State shall send to the EEA State in question as soon as possible and no later than the date on which the environmental statement in respect of that proposed EIA development is made available to the public in accordance with regulation 9 (except in a case where a request is made by an EEA State after that date) —
i
a description of the proposed EIA development, together with any available information on its possible significant effects on the environment in the other EEA State; and
ii
a notice explaining the nature of the decision as to whether or not to grant consent for the proposed EIA development and informing the EEA State in question that it may, within such reasonable period as may be specified in the notice, indicate that it wishes to participate in the procedure provided by these Regulations.
2
Where an EEA State indicates that it wishes to participate in the procedure provided by these Regulations in relation to the proposed EIA development, the Secretary of State shall, save to the extent he has already done so, send to that EEA State —
a
a copy of the application for consent in respect of the proposed EIA development;
b
the environmental statement in respect of the proposed EIA development; and
c
to the extent that it is not included in the items referred to in sub-paragraph (a) or (b) and subject to regulation 15(2), any other available information which is relevant to the proposed EIA development.
3
The Secretary of State, insofar as he is concerned, shall also —
a
arrange for the information referred to in paragraphs (1) and (2) to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of Council Directive 85/337/ EEC and the public concerned in the territory of the EEA State likely to be significantly affected; and
b
ensure that those authorities and the public concerned are given an opportunity, before consent for the development is given, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.
4
The Secretary of State shall enter into consultations with the EEA State concerned, for such reasonable period as may have been agreed with that EEA State, regarding, among other things, the possible significant effects of the proposed EIA development on the environment in that EEA State and the measures envisaged to reduce or eliminate such effects.
5
Where the Secretary of State notifies an applicant for EIA development that the provisions of this regulation apply in respect of the development, the applicant shall not make available to the public in accordance with regulation 9 the items referred to in that regulation until the Secretary of State has notified the applicant that he has sent to the EEA State concerned the information referred to in paragraph (1)(i) and (ii).
Further information and evidence respecting an environmental statement
13
1
The Secretary of State, when dealing with an application for a section 36 consent or a section 37 consent in relation to which an environmental statement has been provided, may in writing require the applicant to provide such further information as may be specified concerning any matter which is required to be, or may be, dealt with in the environmental statement.
2
The Secretary of State may in writing require an applicant to produce such evidence as he may reasonably call for to verify any information in the applicant’s environmental statement.
Publicity in relation to further information and timing of determination
14
1
In any case where an applicant for a section 36 consent or a section 37 consent which relates to EIA development is required in accordance with regulation 13 to provide further information the applicant shall publish in two successive weeks in one or more local newspapers circulating in the locality in which the land to which the application relates is situated (or, if the proposed development is in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed development) a notice containing the information specified in paragraph (2).
2
A notice to which paragraph (1) applies shall —
a
describe the application in question and state that further information is available supplementing the environmental statement which has already been produced;
b
state that copies of the further information may be inspected at or obtained from an address in the locality in which the land to which the application relates is situated (or, if the proposed development is in, on, over or under the sea, an address in England and Wales) and specify the amount of any payment required to be paid for a copy of the further information; and
c
state a date not less than four weeks after the date on which the notice is to be last published in accordance with paragraph (1) by which any person may make representations in relation to the further information to the Secretary of State and specify the address to which any such representations are to be sent.
3
The applicant shall serve a copy of the further information on any person on whom was served a copy of the environmental statement under regulation 11(1) or 11(3) together with a copy of the notice mentioned in paragraph (1).
4
A reasonable charge reflecting printing and distribution costs may be made in relation to the supply of a copy of the further information to any person except that the copies served pursuant to paragraph (3) shall be supplied free of charge.
5
The Secretary of State shall not determine the application until after the later of fourteen days from the last date on which a copy of the further information was served in accordance with this regulation and the date stated in the notice published pursuant to paragraph (1).
PART V
MISCELLANEOUS
Provision of information
15
1
Subject to paragraph (2), the consultative bodies (and any other person notified in accordance with regulation 11(2)(a)(ii)) shall, if requested by the applicant (or prospective applicant), or may without such a request, enter into consultation with the applicant to determine whether they have in their possession any information which they or the applicant consider relevant to the preparation of an environmental statement and, if they have any such information, they shall make it available to the applicant.
2
Nothing in these Regulations shall require the disclosure of any information which is subject to an obligation of confidentiality under the law of England and Wales (including any information which is capable of being treated as confidential or must be so treated under regulation 4 of the Environmental Information Regulations 1992 ).
Service of notices
16
Any notice or other document to be sent, served or given under these Regulations may be sent, served or given either —
a
by delivering it to the person on whom it is to be served or to whom it is to be given;
b
by leaving it at the usual or last known place of abode of that person, or, in a case where an address for service has been given by that person, at that address;
c
by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode, or, in a case where an address for service has been given by that person, at that address; or
d
in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at its registered or principal office, or by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
Revocation, transitional and savings
17
1
Subject to paragraph (2), the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 , the Electricity and Pipe-line Works (Assessment of Environmental Effects) (Amendment) Regulations 1996 and the Electricity and Pipe-line Works (Assessment of Environmental Effects) (Amendment) Regulations 1997 are hereby revoked.
2
The regulations referred to in paragraph (1) shall continue to apply to any application for a section 36 consent or a section 37 consent within the meaning of the Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990 which was received before the date on which these Regulations come into force.
Helen Liddell,
Minister for Energy and Competitiveness in Europe,
Department of Trade and Industry
17th July 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Immigration (Regularisation Period for Overstayers) Regulations 2000 and shall come into force on the day after the day on which they are made.
2
In these Regulations `the Act' means the Immigration and Asylum Act 1999.
Manner of application
2
1
An application under section 9(1) of the Act shall be made in the following manner.
2
The application shall be made in writing, setting out the information required by paragraph (4), and attaching the material required by paragraph (5).
3
The application shall either:
a
be sent by post to the following address:
Regularisation Scheme for Overstayers
Initial Consideration Unit
Immigration and Nationality Directorate
Block C
Whitgift Centre
Croydon
CR9 1AT; or
b
be delivered by hand to the Home Office at:
The Public Caller Unit
Immigration and Nationality Directorate
Block C
Whitgift Centre
Wellesley Road
Croydon.
4
The information referred to in paragraph (2) is:
a
the applicant’s full name, date of birth and nationality;
b
the applicant’s home address or, if none, an address where he may be contacted;
c
the name and address of any representative who is acting on behalf of the applicant;
d
the date of each occasion on which leave to enter or remain has been granted to the applicant since his first arrival in the United Kingdom, if known;
e
in relation to each date specified in accordance with sub-paragraph (d), the period for which leave was granted, if known;
f
the applicant’s Home Office reference, if known;
g
the fact that the application is made under section 9 of the Act; and
h
all the circumstances which the applicant wishes the Secretary of State to take into account when considering his application, including:
i
his length of residence in the United Kingdom;
ii
the strength of his connections with the United Kingdom;
iii
his personal history, including character, conduct and employment record;
iv
his domestic circumstances; and
v
any compassionate circumstances.
5
The material referred to in paragraph (2) is:
a
the applicant’s current passport, if he has one and it is available to him;
b
any other passports (whether expired or not) which have been used by the applicant and which are available to him; and
c
any document or copy document which the applicant considers is evidence supporting his application.
Prescribed days
3
1
The day prescribed for the purposes of section 9(2) of the Act (the start of the regularisation period) is the day on which these Regulations come into force or, if later, 1st February 2000.
2
The day prescribed for the purposes of section 9(3) of the Act (the end of the regularisation period in certain circumstances) is 1st October 2000.
Delivery of applications
4
1
Paragraph (2) applies to an application sent by recorded delivery, addressed to the address set out in regulation 2(3)(a).
2
Such an application shall be taken to have been delivered for the purposes of these Regulations and section 9 of the Act on the second day after the day on which it was posted, if not received earlier.
Barbara Roche
Minister of State
Home Office
7th February 2000


text:
Citation and commencement
1
This Order may be cited as the Metropolitan Police (Capital Finance) Order 2000 and shall come into force on 3rd July 2000.
Credit ceiling
2
— In relation to the Metropolitan Police Authority, Part III of Schedule 3 to the Local Government and Housing Act 1989 shall apply as if —
a
for paragraph 8 there were substituted —
8
The credit ceiling of the Metropolitan Police Authority at 3rd July 2000 (in this Schedule referred to as the Authority’s “initial credit ceiling”) is £160,645,003.
;
b
paragraph 9 were omitted;
c
for each reference in paragraphs 10 to 14 to 1st April 1990 there were substituted a reference to 3rd July 2000.
Amendment of Capital Finance Regulations
3
1
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in accordance with the following provisions of this article.
2
After regulation 58A, insert the following regulation —
Payments to the Metropolitan Police Authority
58B
A sum received by the Metropolitan Police Authority in respect of a repayment of principal to be made by it in relation to financial liabilities which, by virtue of a scheme made under section 409(2) of the Greater London Authority Act 1999, have been transferred to it, shall be a capital receipt.
.
3
After regulation 68A, insert the following regulation —
Payments to the Metropolitan Police Authority
68B
The reserved part shall be 100 per cent. in the case of a sum which is a capital receipt by virtue of regulation 58B.
.
4
In regulation 116, after “1st April 1997” insert —
(or in the case of the Metropolitan Police Authority 3rd July 2000)
.
5
In regulation 125, add the following paragraph —
2
The starting point for determining the Metropolitan Police Authority’s adjusted credit ceiling on 3rd July 2000 shall be £145,169,757.
.
6
After regulation 129, insert the following regulation —
Amount set aside — the Metropolitan Police Authority
129A
In determining their adjusted credit ceiling at any time, the Metropolitan Police Authority shall disregard any reduction in their credit ceiling which results from the setting aside under section 59(1) of the reserved part of a capital receipt where the sum received is a capital receipt by virtue of regulation 58B.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
5th June 2000


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
This Order may be cited as the Immigration (Leave to Enter and Remain) Order 2000.
2
Articles 1 to 12, 14 and 15(1) of this Order shall come into force on 28th April 2000 or, if later, on the day after the day on which it is made and articles 13 and 15(2) shall come into force on 30th July 2000.
3
In this Order —
“ the Act ” means the Immigration Act 1971;
“control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the Act;
“the Immigration Acts ” means:
the Act;
the Immigration Act 1988 ;
the Asylum and Immigration Appeals Act 1993 ;
the Asylum and Immigration Act 1996 ; and
the Immigration and Asylum Act 1999.
“responsible third party” means a person appearing to an immigration officer to be:
in charge of a group of people arriving in the United Kingdom together or intending to arrive in the United Kingdom together;
a tour operator;
the owner or agent of a ship, aircraft, train, hydrofoil or hovercraft;
the person responsible for the management of a control port or his agent; or
an official at a British Diplomatic Mission or at a British Consular Post or at the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance;
“tour operator” means a person who, otherwise than occasionally, organises and provides holidays to the public or a section of it; and
“visit visa” means an entry clearance granted for the purpose of entry to the United Kingdom as a visitor under the immigration rules.
PART II
ENTRY CLEARANCE AS LEAVE TO ENTER
Entry clearance as Leave to Enter
2
Subject to article 6(3), an entry clearance which complies with the requirements of article 3 shall have effect as leave to enter the United Kingdom to the extent specified in article 4, but subject to the conditions referred to in article 5.
Requirements
3
1
An entry clearance shall not have effect as leave to enter unless it complies with the requirements of this article.
2
The entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom.
3
The entry clearance must be endorsed with:
a
the conditions to which it is subject; or
b
a statement that it is to have effect as indefinite leave to enter the United Kingdom.
Extent to which Entry Clearance is to be Leave to Enter
4
1
A visit visa, during its period of validity, shall have effect as leave to enter the United Kingdom on an unlimited number of occasions, in accordance with paragraph (2).
2
On each occasion the holder arrives in the United Kingdom, he shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being:
a
six months if six months or more remain of the visa’s period of validity; or
b
the visa’s remaining period of validity, if less than six months.
3
In the case of any other form of entry clearance, it shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom:
a
in the case of an entry clearance which is endorsed with a statement that it is to have effect as indefinite leave to enter the United Kingdom, for an indefinite period; or
b
in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of expiry of the entry clearance.
4
In this article “period of validity” means the period beginning on the day on which the entry clearance becomes effective and ending on the day on which it expires.
Conditions
5
An entry clearance shall have effect as leave to enter subject to any conditions, being conditions of a kind that may be imposed on leave to enter given under section 3 of the Act, to which the entry clearance is subject and which are endorsed on it.
Incidental, supplementary and consequential provisions
6
1
Where an immigration officer exercises his power to cancel leave to enter under paragraph 2A(8) of Schedule 2 to the Act or article 13(7) below in respect of an entry clearance which has effect as leave to enter, the entry clearance shall cease to have effect.
2
If the holder of an entry clearance —
a
arrives in the United Kingdom before the day on which it becomes effective; or
b
seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance,
an immigration officer may cancel the entry clearance.
3
If the holder of an entry clearance which does not, at the time, have effect as leave to enter the United Kingdom seeks leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom and is refused leave to enter under article 7, the entry clearance shall not have effect as leave to enter.
PART III
FORM AND MANNER OF GIVING AND REFUSING LEAVE TO ENTER
Grant and refusal of leave to enter before arrival in the United Kingdom
7
1
An immigration officer, whether or not in the United Kingdom, may give or refuse a person leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom.
2
In order to determine whether or not to give leave to enter under this article (and, if so, for what period and subject to what conditions), an immigration officer may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act.
3
An immigration officer may also require the person seeking leave to supply an up to date medical report.
4
Failure by a person seeking leave to supply any information, documents, copy documents or medical report requested by an immigration officer under this article shall be a ground, in itself, for refusal of leave.
Grant or refusal of leave otherwise than by notice in writing
8
1
A notice giving or refusing leave to enter may, instead of being given in writing as required by section 4(1) of the Act, be given as follows.
2
The notice may be given by facsimile or electronic mail.
3
In the case of a notice giving or refusing leave to enter the United Kingdom as a visitor, it may be given orally, including by means of a telecommunications system.
4
In paragraph (3), “leave to enter the United Kingdom as a visitor” means leave to enter as a visitor under the immigration rules for a period not exceeding six months, subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).
Grant or refusal of leave by notice to a responsible third party
9
1
Leave to enter may be given or refused to a person by means of a notice given (in such form and manner as permitted by the Act or this Order for a notice giving or refusing leave to enter) to a responsible third party acting on his behalf.
2
A notice under paragraph (1) may refer to a person to whom leave is being granted or refused either by name or by reference to a description or category of persons which includes him.
Notice of refusal of leave
10
1
Where a notice refusing leave to enter to a person is given under article 8(3) or 9, an immigration officer shall as soon as practicable give to him a notice in writing stating that he has been refused leave to enter the United Kingdom and stating the reasons for the refusal.
2
Where an immigration officer serves a notice under the Immigration (Appeals) Notices Regulations 1984 or under regulations made under paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 in respect of the refusal, he shall not be required to serve a notice under paragraph (1).
3
Any notice required by paragraph (1) to be given to any person may be delivered, or sent by post to —
a
that person’s last known or usual place of abode; or
b
any address provided by him for receipt of the notice.
Burden of proof
11
Where any question arises under the Immigration Acts as to whether a person has leave to enter the United Kingdom and he alleges that he has such leave by virtue of a notice given under article 8(3) or 9, the onus shall lie upon him to show the manner and date of his entry into the United Kingdom.
12
1
This article applies where —
a
an immigration officer has commenced examination of a person (`the applicant') under paragraph 2(1)(c) of Schedule 2 to the Act (examination to determine whether or not leave to enter should be given);
b
that examination has been adjourned, or the applicant has been required (under paragraph 2(3) of Schedule 2 to the Act) to submit to a further examination, whilst further inquiries are made (including, where the applicant has made an asylum claim, as to the Secretary of State’s decision on that claim); and
c
upon the completion of those inquiries, an immigration officer considers he is in a position to decide whether or not to give or refuse leave to enter without interviewing the applicant further.
2
Where this article applies, any notice giving or refusing leave to enter which is on any date thereafter sent by post to the applicant (or is communicated to him in such form or manner as is permitted by this Order) shall be regarded, for the purposes of the Act, as having been given within the period of 24 hours specified in paragraph 6(1) of Schedule 2 to the Act (period within which notice giving or refusing leave to enter must be given after completion of examiniation).
PART IV
LEAVE WHICH DOES NOT LAPSE ON TRAVEL OUTSIDE COMMON TRAVEL AREA
13
1
In this article “leave” means —
a
leave to enter the United Kingdom (including leave to enter conferred by means of an entry clearance under article 2); and
b
leave to remain in the United Kingdom.
2
Subject to paragraph (3), where a person has leave which is in force and which was:
a
conferred by means of an entry clearance (other than a visit visa) under article 2; or
b
given by an immigration officer or the Secretary of State for a period exceeding six months,
such leave shall not lapse on his going to a country or territory outside the common travel area.
3
Paragraph (2) shall not apply:
a
where a limited leave has been varied by the Secretary of State; and
b
following the variation the period of leave remaining is six months or less.
4
Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but —
a
where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
b
any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.
5
For the purposes of paragraphs 2 and 2A of Schedule 2 to the Act (examination by immigration officers, and medical examination), leave to remain which remains in force under this article shall be treated, upon the holder’s arrival in the United Kingdom, as leave to enter which has been granted to the holder before his arrival.
6
Without prejudice to the provisions of section 4(1) of the Act, where the holder of leave which remains in force under this article is outside the United Kingdom, the Secretary of State may vary that leave (including any conditions to which it is subject) in such form and manner as permitted by the Act or this Order for the giving of leave to enter.
7
Where a person is outside the United Kingdom and has leave which is in force by virtue of this article, that leave may be cancelled:
a
in the case of leave to enter, by an immigration officer; or
b
in the case of leave to remain, by the Secretary of State.
8
In order to determine whether or not to vary (and, if so, in what manner) or cancel leave which remains in force under this article and which is held by a person who is outside the United Kingdom, an immigration officer or, as the case may be, the Secretary of State may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act and may also require the holder of the leave to supply an up to date medical report.
9
Failure to supply any information, documents, copy documents or medical report requested by an immigration officer or, as the case may be, the Secretary of State under this article shall be a ground, in itself, for cancellation of leave.
10
Section 3(4) of the Act (lapsing of leave upon travelling outside the common travel area) shall have effect subject to this article.
PART V
CONSEQUENTIAL ANDTRANSITIONAL PROVISIONS
14
Section 9(2) of the Act (further provisions as to common travel area: conditions applicable to certain arrivals on a local journey) shall have effect as if, after the words “British Citizens”, there were inserted “and do not hold leave to enter or remain granted to them before their arrival”.
15
1
Article 12 shall apply where an applicant’s examination has begin before the date that article comes into force, as well as where it begins on or after that date.
2
Article 13 shall apply with respect to leave to enter or remain in the United Kingdom which is in force on the date that article comes into force, as well as to such leave given after that date.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th April 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Gatwick Express Class 460 Vehicles) Exemption Order 2000 and shall come into force on 10th April 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 and any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations.
3
This Order applies to the rail vehicles which are numbered 67901 to 67908, 67911 to 67918, 74401 to 74408, 74411 to 74418, 74421 to 74428, 74431 to 74438, 74441 to 74448 and 74451 to 74458 and which form the electrical multiple-units numbered 460001 to 460008 of the class known as “Class 460” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by Gatwick Express Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are–
regulation 4(2), but only in so far as it relates to the emission of warning sounds outside the exempted vehicle, and (3)(b);
regulation 5(1)(a) and, in so far as it relates to doors in the ends of exempted vehicles, (c);
regulation 5(1)(b), but only in so far as it relates to doors in the ends of exempted vehicles and only in so far as it relates to the maximum pressure in newtons required to operate the door control;
regulation 6(1)(d);
regulation 8(3), but only to the extent specified in paragraph (3) below;
regulation 10(1)(b), but only in so far as it relates to the height of the bottom edge of the coloured marking measured from the floor;
regulation 11(1)(a), but only in so far as it specifies as a minimum for the lower point for fitting a handrail of not more than 700 millimetres above the floor;
regulation 11(2)(c), but only in so far as it relates to a handrail at the short draught-screen in the vestibule adjacent to a wheelchair space;
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are inside the passenger saloon;
regulation 15(3), but subject to the condition specified in paragraph (4) below;
regulation 18(1);
regulation 20(1)(d) and (e); and
regulation 20(1)(f), but subject to the condition specified in paragraph (5) below.
3
The exemption given by paragraph (2) above in relation to regulation 8(3) shall extend only to the following seat specifications–
a
in respect of priority seats in the exempted vehicles which are numbered 67901 to 67908, all the dimensions shown in diagrams B1, B2, B3 and B4 other than the 1250 millimetres minimum clear headroom shown in diagrams B2, B3 and B4;
b
in respect of priority seats in the other exempted vehicles–
i
in diagrams B2, B3 and B4, the vertical distance of 430 to 460mm specified for the distance between the passenger compartment floor and the highest point of the seat cushion;
ii
in diagram B2, the 600mm horizontal distance between facing seats;
iii
in diagram B3 the 680mm horizontal distance specified between the rear of the seat cushion and the back of the seat in front, and the 230mm horizontal distance specified for the clear space between seats;
iv
in diagram B4, the 230mm minimum horizontal distance between either side of the table and the fronts of the seats adjacent to that table.
4
The exemption given by paragraph (2) above in relation to regulation 15(3) shall apply only where a train consists of 8 to 11 exempted vehicles and there are not less than 2 wheelchair spaces in that train.
5
The exemption given in paragraph (2) above in relation to regulation 20(1)(f) is given on the condition that, until a handrail compliant with regulation 20(1)(f) is installed, no other hinged handrail is installed to the side of the toilet in the nearest toilet cubicle to a wheelchair space.
5
1
The exemption given in respect of regulation 4(2) shall cease at the end of 31st December 2001.
2
The exemption given in respect of regulations 4(3)(b), 10(1)(b) and 18(1) shall cease at the end of 31st December 2000.
3
The exemption given in respect of regulations 5(1)(a), 6(1)(d), 11(1)(a), 11(2)(c) and 20(1)(d) and (e) shall cease at the end of 28th April 2011.
4
The exemption given in respect of regulation 5(1)(b) shall cease at the end of 30th September 2000.
5
The exemption given in respect of regulation 5(1)(c) shall cease–
a
at the end of 28th April 2011; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in all the doorways inside, and in both ends of, that vehicle and the control systems for those doorways are replaced before that date, when such replacement occurs.
6
The exemption given in respect of regulation 8(3) shall cease–
a
in relation to the specifications described in article 4(3)(a) above at the end of 28th April 2011;
b
in relation to the specifications described in article 4(3)(b)(i) above–
i
at the end of 28th April 2011, or
ii
in respect of an exempted vehicle in which all the seats are replaced before that date, when such replacement occurs;
c
in relation to the specifications mentioned in article 4(3)(b)(ii), (iii) and (iv) above at the end of 31st December 2001.
7
The exemption given in respect of regulation 13(7) shall cease at the end of 30th September 2004.
8
The exemption given in respect of regulation 15(3) shall cease at the end of 31st March 2005.
9
The exemption given in respect of regulation 20(1)(f) shall cease at the end of 31st March 2001.
6
The authorisation shall cease forthwith in respect of an exempted vehicle–
a
which is operated by a person other than Gatwick Express Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
which is operated on any route other than a route between Gatwick Airport station and a railway terminus in London via East Croydon station.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th March 2000


text:
Title, commencement, extent and extension of definitions
1
1
This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) (No.2) Order 2000 and shall come into force on 6th July 2000.
2
This Order shall extend to England only.
3
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definitions of animals and poultry in subsection (1) and (4) of section 87 of that Act are extended so as to comprise all mammals except man and all birds; and
b
the definitions of disease in subsections (1) and (3) of section 88 of that Act are extended so as to comprise all diseases of animals and poultry.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“animal” includes bird;
“means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it.
2
In this Order, any reference to a numbered article or Schedule is a reference to the article or Schedule so numbered in this Order.
3
Any notice served under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Cleansing and disinfection in relation to the transport of hoofed animals and poultry
3
1
This article shall apply in relation to the cleansing and disinfection of means of transport used for the following animals (other than in the circumstances specified in Schedule 2) —
a
hoofed animals;
b
racing pigeons; and
c
the following if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game: domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites.
2
The user of any means of transport which has been used to transport any animal or anything which may give rise to a risk of transmission of disease shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and its equipment are cleansed and disinfected in accordance with Schedule 1 or (in the case of a container) destroyed.
3
No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and its equipment have been cleansed and disinfected in accordance with Schedule 1 since it was last used to transport any animal or anything which may give rise to a risk of transmission of disease.
4
If a means of transport has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless it has been again cleansed and disinfected in accordance with paragraphs 3 and 4 of Schedule 1.
5
Any person transporting any animal shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as possible.
Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances
4
1
This article shall apply in relation to the transport of —
a
all mammals other than hoofed animals;
b
all birds not included in article 3; and
c
animals and birds specified in article 3 in the circumstances specified in Schedule 2;
but shall not apply in the case of —
i
transport which is not of a commercial nature;
ii
an individual animal accompanied by a person having responsibility for the animal during transport;
iii
the transport of pet animals accompanying their owner on a private journey.
2
Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that —
a
they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected in accordance with Schedule 1; and
b
dead animals, soiled litter and excreta are removed as soon as possible.
Disposal of material after cleansing
5
The person responsible for cleansing the means of transport under this Order shall ensure that all feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are either —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals have no access to it.
Powers of inspectors, etc.
6
1
Where an inspector is satisfied that a means of transport, or any equipment carried with the means of transport, either —
a
has not been cleansed and disinfected in accordance with this Order; or
b
needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,
he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.
2
A notice served under the preceding paragraph may —
a
prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;
b
prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected;
c
require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or
d
require the person on whom the notice is served to dispose of all feedingstuffs to which the animals have had access, bedding, excreta and other material of animal origin in the way set out in the notice.
3
If a notice is served under the preceding paragraph, the cleansing and disinfection shall be carried out in accordance with Schedule 1 unless the notice specifies a different method of cleansing and disinfection.
4
An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him to cleanse and disinfect it as specified in the notice instead of in accordance with Schedule 1 if he is satisfied that this is necessary for animal health purposes.
5
Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.
Enforcement
7
This Order shall be enforced by the local authority.
Revocations and amendments
8
1
The Orders set out in the first column of the table in Part I of Schedule 3 are revoked in so far as they apply in England to the extent set out in the third column of that table.
2
The Transport of Animals (Cleansing and Disinfection) (England) Order 2000 is revoked.
3
The Order in Part II of Schedule 3 is amended in accordance with that Part in so far as it applies in England.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
15th June 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval of Reduced Pollution Adaptations) (Amendment) Regulations 2000 and shall come into force on 5th January 2001.
Amendment of the Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998
2
The Motor Vehicles (Type Approval of Reduced Pollution Adaptations) Regulations 1998 shall be amended in accordance with the following regulations.
3
In regulation 2, before the definition of “reduced pollution device” shall be inserted —
“Directive 1999/96” means Directive 1999/96/ EC of the European Parliament and of the Council of 13 December 1999 on the approximation of the laws of the Member States relating to measures to be taken against the emission of gaseous and particulate pollutants from compression ignition engines for use in vehicles, and the emission of gaseous pollutants from positive ignition engines fuelled with natural gas or liquefied petroleum gas for use in vehicles and amending Council Directive 88/77/ EEC ;
4
In regulation 3 —
1
in paragraph (2), in the table —
a
at item 3, in column (3) for the figure “0.08” shall be substituted “0.03”;
b
at item 4, in column (2) for the words “ European Commission Proposal (COM (97) 627) for a European and Council Directive amending Council Directive 88/77” shall be substituted “Directive 1999/96 Annex I paragraph 6.2.1. Rows A of Tables 1 and 2”;
c
at item 4, in column (3) for the figure “0.04” shall be substituted “0.03”; and
2
in paragraph (3), after the word “type” shall be inserted “, the marking being readily accessible on examination of the vehicle”
5
In the Schedule —
1
in paragraph 3, for the words preceding the table shall be substituted the following —
In relation to a vehicle which was first used on or after 1st October 2000 but before 1st October 2005 and has been used prior to the time of first applying for a reduced pollution certificate under the provisions of the Vehicle Excise Duty (Reduced Pollution) Regulations 1998 the design, construction and equipment requirements in Annex I paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of Directive 1999/96 shall be complied with.
In relation to a vehicle which was first used on or after 1st October 1997 but before 1st October 2000 the design, construction and equipment requirements in Annex I paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of Directive 1999/96 shall be complied with.
In relation to a vehicle which was first used before 1st October 1997 —
EITHER
The design, construction and equipment requirements in Annex I paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of Directive 1999/96 shall be complied with.
OR
The design, construction and equipment requirements in Annex I paragraphs 6, 6.1 and 6.2, as related to ETC particulates, of Directive 1999/96 shall, subject to the modifications of Annex III shown in the Table below, be complied with.
AND
In either case, in relation to a vehicle other than a vehicle solely powered by gas, it shall be shown to the satisfaction of the Secretary of State that particulate emissions are reduced by at least 75% in comparison with a similar engine to which no device has been fitted.
2
at the end of the Appendix there shall be inserted the diagram set out below.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
14th December 2000


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Amendment No. 3) (England) Regulations 2000 and shall come into force on 1st September 2000.
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 shall be amended as follows.
3
In regulation 2(1) —
a
the following definitions shall be inserted in the appropriate positions —
“governing body” in relation to a sixth form college has the same meaning as in section 90 (1) of the Further and Higher Education Act 1992 ;
“head teacher” includes the principal of a sixth form college;
“institution” means a relevant school, an independent school or a sixth form college in which an induction period may be served under these Regulations, as the context requires;
“school term” includes a term of a sixth form college;
“school year” includes the academic year of a sixth form college;
“sixth form college” means a further education institution principally concerned with the provision of full-time education suitable to the requirements of persons who have not attained the age of 19 years;
; and
b
the definition of “school day” shall be deleted.
4
In regulation 4 —
a
in sub-paragraph (b) “and” shall be deleted at the end;
b
in sub-paragraph (c) “and” shall be inserted at the end; and
c
the following sub-paragraph shall be inserted after sub-paragraph (c) —
d
the appropriate body in relation to a sixth form college is an authority.
.
5
In regulation 6 “or sixth form college” shall be inserted after “in a school”.
6
In regulation 7 —
a
in paragraph (1) “or” shall be inserted at the end of sub-paragraph (b), and the following sub-paragraph shall be inserted after sub-paragraph (b) —
c
in the circumstances prescribed in paragraph (3A) a sixth form college.
; and
b
the following paragraph shall be inseted after paragraph (3) —
3A
A person may serve an induction period in a sixth form college where —
a
before the start of the induction period, or
b
in the case of an induction period starting before 1st November 2000, before 1st November 2000,
the governing body of the college and an authority have agreed that the authority shall act as the appropriate body in relation to the college.
.
7
In regulation 8 —
a
in paragraph (1) there shall be substituted for the words “or schools” each time they occur in sub-paragraphs (a) to (c) “, a sixth form college or in two or more such institutions”;
b
in paragraph (2) “in a school, or in two or more schools” shall be inserted after “as a teacher”;
c
the following paragraph shall be inserted after paragraph (2) —
2A
The length of an induction period for a person in part-time service as a teacher in a sixth form college, in two or more sixth form colleges or in a combination of one or more schools and sixth form colleges is the period of time it would take in accordance with his contract of employment or the terms of his engagement for him to complete 189 working days falling in term time.
;
d
in paragraph (3)(a), “(2) or (2A)” shall be substituted for “or (2)”; and
e
the following paragraphs shall be inserted after paragraph (3) —
4
Where a person serving an induction period is employed in two or more schools simultaneously, the length of his induction period shall be determined in accordance with regulation 8(2).
5
Where a person serving an induction period is employed in two or more sixth form colleges simultaneously or in a combination of one or more schools or sixth form colleges simultaneously, the length of his induction served shall be determined in accordance with regulation 8(2A).
.
8
In regulation 9 —
a
the following paragraph shall be inserted after paragraph (1) —
1A
Subject to paragraph (2) any period of employment on or after 1st September 2000 as a qualified teacher in a sixth form college to which regulation 7(1) applies of not less than one term in duration counts towards an induction period.
;
b
in paragraph (2) “or sixth form college” shall be inserted after “school”; and
c
in paragraph (3) “or (1A)” shall be inserted after “paragraph (1)”.
9
In regulation 10 —
a
In paragraph (1) “working days falling in term time” shall be substituted for “school days”;
b
in paragraph (2) “regulation 7(1) of the Maternity and Parental Leave etc. Regulations 1999” shall be substituted for “section 73 of the Employment Rights Act 1996”; and
c
in paragraph (3)(b) “or (2A)” shall be inserted after “regulation 8(2).”
10
In regulation 12(1) “or sixth form college” shall be inserted after “school” each time it occurs.
11
The following regulation shall be inserted after regulation 12 —
Responsibility for an induction period served by a teacher employed in two or more institutions simultaneously
12A
1
Where a person serving an induction period is employed in two or more institutions simultaneously, the head teachers of all the institutions shall agree which of them shall act as the lead head teacher.
2
The lead head teacher shall be solely responsible for carrying out the functions of the head teacher specified in regulations 12 and 14(2).
3
The appropriate body in relation to the lead head teacher’s school or sixth form college shall be solely responsible for carrying out the functions of the appropriate body specified in regulations 10(3), 12 and 14.
.
12
In regulation 14 —
a
in paragraphs (2) and (5)(a)(ii) “or sixth form college” shall be inserted after “school”; and
b
in paragraph (5)(a)(iv) “on or after their establishment,” shall be omitted.
13
In regulation 18(a) “and sixth form colleges” shall be inserted after “schools”.
14
In regulation 19 “or sixth form college” shall be inserted after “school” each time it occurs.
15
The following paragraph shall be added at the end of Schedule 1 —
13
A person who has successfully completed an induction period for teachers under arrangements approved and supervised by the Isle of Man Department of Education.
.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Foundation Body) (England) Regulations 2000.
2
These Regulations shall come into force on 15th November 2000.
3
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations:
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the Change of Category Regulations ” means the Education (Change of Category of Maintained Schools) (England) Regulations 2000 ;
“the clerk” means the clerk to the foundation body appointed in accordance with regulation 15;
“community member” means a member of the foundation body nominated by the governing bodies of schools within the group and appointed by the governor members of the foundation body under regulation 6(b) or 9(4);
“the dissolution date” means the date on which a foundation body is to be dissolved, specified in an order of the Secretary of State in accordance with regulation 25(1) or regulation 10(5);
“the formation date” means the date on which a group is to be formed, specified in writing by the Secretary of State under regulation 7(1);
“governor member” means a member of the foundation body appointed by the governing body of a school under regulation 9(1) or (3) or regulation 22(8);
“group” means the group of three or more schools for which a foundation body performs the following functions, namely
to hold property of those schools for the purposes of those schools, and
to appoint foundation governors for those schools;
“initial governor member” shall be construed in accordance with regulation 5(4);
“the joining date” means the date on which a school joins a group, specified in writing by the Secretary of State under regulation 22(3); and
“the leaving date” means the date on which a school leaves a group, specified in writing by the Secretary of State under regulation 23(1).
2
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to a numbered regulation or, as the case may be, to a numbered Schedule to these Regulations.
3
Where any land is transferred to and vests in any body in accordance with these Regulations, any rights or liabilities —
a
enjoyed or incurred by the transferor in connection with the land; and
b
subsisting immediately before the transfer of the land,
shall also be transferred to, and by virtue of these Regulations vest in, that body.
4
Expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions set out opposite thereto in the second column.
Table
financial year section 579(1) of the Education Act 1996 foundation section 21(3) of the 1998 Act foundation body section 21(4) of the 1998 Act foundation governor paragraph 2 of Schedule 9 to the 1998 Act.
5
A reference to a category in any provision of these Regulations is a reference to one of the categories set out in section 20(1) of the 1998 Act.
Foundation bodies and groups
3
1
Subject to paragraph (2) below —
a
a school may only form part of a group; and
b
the governing body of a school may only apply to the Secretary of State for the establishment of a foundation body,
if that school is a foundation or voluntary school or if it is a community school which the governing body propose should become a foundation or voluntary school.
2
A school which has a foundation, other than a foundation body, may not form part of a group and its governing body may not propose the establishment of a foundation body.
Change of Category
4
1
Where a school proposes to enter, join or leave a group under a different category from its existing category, or to become on or prior to the dissolution date of its foundation body a school of a different category, the Change of Category Regulations shall apply with the modifications set out in Schedule 1.
2
The provisions of Schedule 6 to the Change of Category Regulations so applied are set out as modified in Schedule 2.
Establishment of foundation bodies
5
1
A foundation body may only be established under section 21 of the 1998 Act in accordance with the following provisions of this regulation.
2
The governing bodies of the three or more schools which wish a particular foundation body to be established and which propose to form the group for which the foundation body will act shall together apply to the Secretary of State for the establishment of that foundation body.
3
The application shall contain —
a
a statement that the application has been agreed by the governing body of each school;
b
a draft instrument of government for the foundation body based on the model set out in Schedule 3; and
c
a statement containing —
i
the names of the initial governor members of the foundation body to be appointed in accordance with regulation 9(1),
ii
the date on which it is proposed that the foundation body will be established, and
iii
the category in which it is proposed that each school will enter the group or a statement that a particular school will enter in its existing category.
4
If the Secretary of State approves the application, a foundation body shall be established as a body corporate under section 21 of the 1998 Act on a date specified by him in writing. On the date of establishment, the initial governor members specified in the application, subject to any changes agreed by the Secretary of State with the governing body or bodies in question, shall be the initial governor members of the foundation body.
6
After establishment of the foundation body and before the formation date, the initial governor Members shall —
a
adopt the instrument of government in the form approved by the Secretary of State;
b
appoint community members from those nominated in accordance with regulation 9(2); and
c
select persons to be appointed as foundation governors to schools in the group,
and the foundation body may only exercise its powers before that date for or in connection with those purposes.
7
1
If the Secretary of State is satisfied that the membership of the foundation body has been properly constituted, that the instrument of government has been adopted and that the schools have or will on entering the group become schools of the category specified in the application then he shall by notice in writing provide that —
a
the foundation body shall perform the functions conferred on it by these Regulations for the schools in the group as from a date specified by him; and
b
the schools specified in the application shall on that date form the group for which the foundation body is to act.
2
If the Secretary of State is not so satisfied within what is, in his opinion, a reasonable time in all the circumstances he may by order dissolve the foundation body on such date as he may specify in the order.
3
Where any of the schools is entering the group under a different category from its existing category, the date specified in accordance with paragraph (1) of this regulation shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.
4
Subject to paragraph (5), on the date specified in accordance with paragraph (1) above any land, other than land held on trust, which immediately before that date is held by the governing body of any school entering the group for the purposes of that school shall on that date be transferred to, and by virtue of this regulation vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.
5
Paragraph (4) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school is entering the group in a different category from its existing category.
8
The governing body of a school in or to be in the group which is not entering the group in a different category from its existing category shall notify the local education authority that the instrument of government for the school should identify the foundation body as the appointing body for the purpose of appointing foundation governors.
Membership of foundation bodies
9
1
The governing body of each school which proposes the establishment of the foundation body shall appoint a member of the governing body to be a governor member of that foundation body.
2
The governing bodies of the schools which propose the establishment of the foundation body shall nominate persons to be community members.
3
If a governor member ceases to hold office then —
a
the clerk shall notify all the governing bodies of schools in the group; and
b
the governing body who appointed that governor member shall appoint a new governor member at their next full meeting.
4
If a community member ceases to hold office or there is a need to appoint a new community member because a school has joined the group, the clerk shall notify the governing bodies of all schools in the group. The governor members of the foundation body shall appoint a replacement or a new community member on the basis of nominations made by the governing bodies of schools in the group.
10
1
The quorum for a decision of the governing body of a school under regulation 9 shall be two-thirds (rounded up to a whole number) of the governors in post who are entitled to vote.
2
The term of office of a member of a foundation body shall be four years but a member may be re-appointed.
3
A person may not vote for his own appointment or re-appointment as a member of a foundation body.
4
Vacancies must be filled by the next meeting of the foundation body or the meeting after if the vacancy arises fewer than three months before the next meeting.
5
If a vacancy of a member is not filled then the Secretary of State may by order on such date as he may specify in the order dissolve the foundation body and the provisions of regulation 25(1)(d) and (e) and 25(2) to (5) shall apply to such a dissolution, save that the 6 months period referred to in paragraph 25(2) shall commence on such date as may be specified by the Secretary of State in writing.
Eligibility and disqualification
11
1
A foundation governor who has been appointed to a school in the group by a foundation body may not be a governor member of that foundation body and may not vote on appointments to the foundation body.
2
A community member must —
a
have business or other interests in the local community;
b
not be a parent of a registered pupil, a member of the governing body, teaching or non-teaching staff or a registered pupil, at any school in the group;
c
not be an elected member of a local education authority which maintains any school in the group or a person employed by such an authority in their capacity as a local education authority; and
d
have attained the age of 18 years at the date of his appointment.
3
A governor member of the foundation body shall cease to hold office on ceasing to be a member of the governing body of the school which appointed him.
4
A member of the foundation body may not be an employee of that body.
Disqualification for holding office
12
Schedule 4 to these Regulations shall have effect in relation to the disqualification of a person for holding, or for continuing to hold, office as a member of a foundation body.
13
A member may resign at any time by notice in writing to the clerk.
Restrictions
14
A member of a foundation body shall receive no payment, other than reasonable and necessary out-of-pocket expenses, and may take no direct or indirect benefit from any contracts entered into by the foundation body or have any interest in any land held by the foundation body.
Clerk
15
1
The foundation body shall appoint a person to be the clerk to the foundation body.
2
A member of a foundation body may not act as clerk except that, where the clerk fails to attend a meeting, the foundation body may appoint a member to be the clerk for the purposes of that meeting (but without prejudice to his position as a member).
Conduct and meetings
16
1
The foundation body shall —
a
elect a member as chairman who shall be elected (or re-elected) at the first ordinary meeting of each year;
b
define a quorum which cannot be less than half (rounded up to the nearest whole number) the total number of members of the foundation body when complete; and
c
keep minutes of the proceedings of meetings and make them available to the governing bodies of schools in the group on request.
2
At the first meeting the foundation body shall appoint foundation governors to schools in the group in accordance with the instruments of government of the schools in question.
Annual report and records
17
1
The foundation body shall publish an annual report of its activities for the information of the governing bodies of the schools in the group setting out —
a
the names of each member, including any changes since the last annual report and identifying the chairman;
b
a summary of the decisions and actions of the foundation body since the last annual report was published unless minutes of the foundation body’s meetings are published separately;
c
a statement of any income and expediture showing the balance as at the end of each financial year falling within the period of the report; and
d
a statement of any significant disposals, purchases or gifts and of any outstanding liabilities at the end of each financial year falling within the period of the report.
2
The first report shall be issued within two years of the formation date and may deal with a period longer than a year.
3
Following the first report, annual reports must be issued no later than the next meeting after the end of the year being reported on.
Accounts
18
1
The foundation body shall maintain acounts and ensure that they are audited by independent external auditors. The foundation body shall publish in each financial year a copy of the accounts for the previous financial year as audited together with a statement that they have been audited.
2
The foundation body shall comply within 1 month with a written request from any person that he be supplied with a copy of the body’s most recent accounts.
Information and records
19
1
The foundation body shall provide the Secretary of State with such information as he requests from time to time.
2
The foundation body shall keep all records for at least 6 years.
Functions of foundation bodies
20
Foundation bodies shall have the following functions —
a
to hold land and other property of schools in the group for the purposes of those schools;
b
to appoint foundation governors to every school in the group; and
c
to promote co-operation between schools in the group.
Additional powers
21
1
Foundation bodies may in connection with their functions —
a
borrow such sums as the foundation body thinks fit and in connection with such borrowing, grant any mortgage, charge or other security over any land or other property of the foundation body;
b
accept gifts of money, land or other property, and apply it or hold it for the purposes of the schools in the group;
c
engage in fund raising so far as is compatible with their charitable status;
d
acquire and dispose of any land or property;
e
enter into contracts including contracts of employment;
f
make standing orders for the management of the foundation body and any committees and for the conduct of their business;
g
appoint committees;
h
delegate the exercise of any powers to individual members or to committees, except those relating to the appointment of foundation governors, the granting of any security or the disposal of any land; and
i
employ such staff (who cannot be members) as are necessary and to make all necessary provisions for those staff.
2
The power to borrow sums and grant security or to dispose of any land mentioned above may only be exercised with the written consent of the Secretary of State.
Joining a group after the initial establishment of the foundation body
22
1
A school may only join a group with the agreement of the governing bodies of all the schools already in the group.
2
An application to the Secretary of State shall be made jointly in writing by the governing body of the school seeking to join the group and the foundation body and shall contain —
a
a statement that the governing bodies of all the schools in the group agree to the school joining the group; and
b
a statement of the category in which it is proposed that the school will enter the group or a statement that the school will enter in its existing category.
3
The Secretary of State shall, if he considers it appropriate, declare in writing that the school forms part of the group as from such date and on satisfaction of such conditions as he specifies.
4
Where the school joining the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (3) above shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.
5
The foundation body shall seek approval from the Secretary of State to the modification of the instrument of government.
6
Subject to paragraph (7), on the date specified in accordance with paragraph (3) above any land, other than land held on trust, which immediately before that date is held by the governing body for the purposes of the school shall be transferred to, and by virtue of this regulation vest in, the foundation body for the purposes of the schools comprising the group for which that body acts.
7
Paragraph (6) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school is joining the group in a different category from its existing category.
8
On the date specified in accordance with paragraph (3) above, the governing body of the school joining the group shall appoint a member of their governing body to be a governor member of the foundation body.
9
Where the school joining the group is not doing so under a different category from its existing category, the governing body shall apply to the local education authority for that authority to vary or replace the instrument of government for the school so as to name the foundation body as the appointing body for the purpose of appointing foundation governors and the local education authority shall do so in order that the appointment of foundation governors can take effect from the date that the school joins the group.
Leaving a group
23
1
If the governing body of a school wish that school to leave the group they shall serve a notice in writing of at least 3 months on the governing bodies of all the other schools in the group, on the foundation body and on the Secretary of State. On the expiry of that period the Secretary of State may declare in writing that the school leaves the group and on such date as he may specify.
2
Where the school leaving the group is doing so under a different category from its existing category, the date specified in accordance with paragraph (1) of this regulation shall be the date on which it is intended that the change of category should take place in accordance with the Change of Category Regulations.
3
Subject to paragraph (4), on the date specified in accordance with paragraph (1) above, any land which immediately before that date is held by the foundation body for the purposes of the schools in the group and used for the purposes of that school shall be transferred to, and by virtue of this regulation vest in, the governing body of the school.
4
Paragraph (3) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school is leaving the group in a different category from its existing category.
5
Where the school leaving the group is not doing so under a different category from its existing category, the governing body shall apply to the local education authority for the instrument of government of the school to be varied or replaced so that references to the foundation body can be removed as from the leaving date.
24
If a school leaves a group or is discontinued and the group still has three or more members the foundation body shall modify the instrument of government with the approval of the Secretary of State.
Winding-up of foundation bodies
25
1
If membership of a group would fall below three as a result of one or more schools leaving or being discontinued then —
a
the clerk shall inform the Secretary of State that this is the case;
b
the notice to leave given by the school or the publication of the proposals to discontinue shall be taken as a notice of dissolution;
c
the foundation body shall be dissolved on such date as the Secretary of State may by order specify;
d
the governing body of each school in the group (other than a school which is to be discontinued) shall apply to the local education authority for their own instrument of government to be modified (so that references to the foundation body can be removed as from the dissolution date); and
e
the governing body of a foundation school shall replace foundation governors with partnership governors as from the dissolution date unless by that date it has either applied to join another group or has applied, together with the governing bodies of two or more other schools, for the establishment of a foundation body.
2
The governing body of a voluntary school must publish change of category proposals in accordance with the Change of Category Regulations to become a foundation or community school, if (as the case may be) within 6 months of the date of the notice to leave given by the school or within 6 months of the approval of the proposals to discontinue the school it has not —
a
formed or joined another group; or
b
established a foundation, other than a foundation body, which satisfies the Secretary of State that it can meet any requirements that may be specified from time to time under paragraph 4(2)(b) of Schedule 8 to the 1998 Act.
3
At any time after the expiry of the relevant 6 months period referred to in paragraph (2) above, the Secretary of State can require the governing body of a school to publish proposals for the school to change to another specified category.
4
Subject to paragraph (5), in the case of a school which is not being discontinued, on the dissolution date any land or other property which immediately before that date is held by the foundation body for the purposes of the schools in the group and used for the purposes of that school shall be transferred to, and by virtue of this regulation vest in, the governing body of the school.
5
Paragraph (4) does not apply in relation to a school where, following approval of proposals published in accordance with the Change of Category Regulations, the school becomes on or before the dissolution date a school of another category.
Resolution of Disputes
26
Where there is a dispute between the governing bodies of schools in the group or between the governing body of one or more schools in the group and the foundation body then one of the parties to that dispute can apply in writing to the Secretary of State for him to determine the matter.
Use of Land
27
The transfer of land to a foundation body under these Regulations or under the Change of Category Regulations as modified by Schedule 1 to these Regulations shall not affect the rights of the governing body in relation to that land under Schedule 13 to the 1998 Act.
Transfers of land
28
Regulations 7(4), 22(6), 23(3) and 25(4) are subject to section 198 of the Education Reform Act 1988 (which with Schedule 10 to that Act makes further provision in relation to transfers of property, rights and liabilities), and references in that Schedule as applied by virtue of this regulation to the transfer date are (as the case may be) to the formation date, the joining date, the leaving date or the dissolution date.
Revocation
29
The Foundation Body Regulations 1999 are hereby revoked in relation to England.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
20th October 2000


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (Dividends, etc.) (Revocations) Regulations 2000 and shall come into force on 27th December 2000.
Revocations
2
1
The Regulations specified in Part I of the Schedule to these Regulations are hereby revoked in relation to any United States dividend received by a person in the United Kingdom on or after 1st January 2001.
2
The Regulations specified in Part II of the Schedule to these Regulations are hereby revoked in relation to any dividend to which any of those Regulations would, but for the revocation, have applied that is paid on or after 1st April 2001 and received by a person in the United Kingdom.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
19th December 2000