text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 2001 and shall come into force on 19th March 2001.
2
These Regulations extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 “the principal Regulations” shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
3
In regulation 2(1) (interpretation) insert the following definitions in the appropriate places in alphabetical order —
“dental list” shall be construed in accordance with regulation 4(1);
“general anaesthesia list” shall be construed in accordance with regulation 5D;
.
Amendment of regulation 4
4
In regulation 4 (dental list) —
a
delete “and” at the end of paragraph (2)(b)(ii); and
b
at the end of paragraph 2(b)(iii) add
; and
iv
whether the dentist’s name is on the general anaesthesia list.
.
Amendment of regulation 5
5
In regulation 5 (application for inclusion in the dental list) —
a
for “ FHSA ” in each place where that abbreviation occurs substitute the words “Health Authority”;
b
after paragraph (2) insert —
2A
Where the Health Authority determine in accordance with paragraph (2) that a dentist’s name should not be included in the dental list because the Health Authority are dissatisfied with the proposed practice premises following their inspection of them, the dentist may, within 28 days following the day he received notice of such determination, appeal to the Secretary of State against it.
2B
Where a dentist appeals in accordance with paragraph (2A), the Secretary of State shall make arrangements with the dentist to carry out an inspection of the proposed practice premises within 28 days following receipt of the dentist’s notice of appeal, or such longer period as may be mutually agreed.
2C
The inspection shall be carried out in the company of the dentist and a representative of the Health Authority.
2D
The Secretary of State shall, following the inspection, determine whether the proposed practice premises are proper and sufficient for the provision of general dental services.
2E
Where the Secretary of State determines, in accordance with paragraphs (2B) to (2D), that the proposed practice premises are proper and sufficient for the provision of general dental services, he shall notify the Health Authority forthwith and the Health Authority shall, on receiving such notification, include the dentist’s name in the dental list forthwith and inform the dentist accordingly.
.
General anaesthesia list
6
After regulation 5C insert —
General anaesthesia list
5D
1
The Health Authority shall draw up and maintain a list (in these Regulations referred to as the “general anaesthesia list”) of the names of those dentists who provide any treatment to patients under general anaesthesia and a dentist’s name may only be included in a Health Authority’s general anaesthesia list if his name is included in that Health Authority’s dental list.
2
The general anaesthesia list shall, in addition to containing the name of a dentist, contain the addresses of all of the practice premises at which he provides treatment to patients under general anaesthesia.
3
A dentist whose name is included in a Health Authority’s general anaesthesia list may only provide treatment under general anaesthesia at premises which are specified against his name in the list.
4
Any dentist whose name is, on 19th March 2001, on a Health Authority’s dental list shall have his name included in that Health Authority’s general anaesthesia list if he notifies the Health Authority in writing within 14 days of that date of his wish for his name to be included in that list.
5
Where paragraph (4) does not apply a dentist may apply to a Health Authority for the inclusion of his name in their general anaesthesia list by writing to the Health Authority specifying the premises at which he intends to perform treatments on patients under general anaesthesia.
6
Where a dentist makes an application in accordance with paragraph (5) the Health Authority shall inspect the dentist’s proposed practice premises and, unless the dentist otherwise agrees, the Health Authority shall determine that application within 14 days of such inspection.
7
Where the Health Authority determine in accordance with paragraph (6) that a dentist’s name should be included in their general anaesthesia list, they shall, as soon as is reasonably practicable, add the dentist’s name to their list and inform the dentist accordingly.
8
Where the Health Authority determine in accordance with paragraph (6) that a dentist’s name should not be included in their general anaesthesia list because the Health Authority are dissatisfied with the proposed practice premises following their inspection of them, the dentist may, within 28 days following the day he received notice of such determination, appeal in writing to the Secretary of State against it.
9
Where a dentist appeals in accordance with paragraph (8), the Secretary of State shall make arrangements with the dentist to carry out an inspection of the proposed practice premises within 28 days following receipt of the dentist’s notice of appeal, or such longer period as may be mutually agreed.
10
The inspection shall be carried out in the company of the dentist and a representative of the Health Authority.
11
The Secretary of State shall, following the inspection, determine whether the proposed practice premises are proper and sufficient for the provision of treatment under general anaesthesia.
12
Where the Secretary of State determines, in accordance with paragraphs (9) to (11), that the proposed practice premises are proper and sufficient for the provision of treatment under general anaesthesia, he shall notify the Health Authority forthwith and the Health Authority shall, on receiving such notification, add the dentist’s name to their general anaesthesia list forthwith and inform the dentist accordingly.
13
A dentist may apply for his name to be removed from the general anaesthesia list by notifying the Health Authority of his wish in writing.
14
A dentist’s name shall be removed from the general anaesthesia list forthwith if his name is removed for any reason from the Health Authority’s dental list.
Removal from or amendment of general anaesthesia list
5E
1
Where, following an inspection under paragraph 33A(6) of Schedule 1, the Health Authority determine that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, they shall inform the dentist accordingly and the dentist may, within 28 days following the day he received notice of such determination, appeal to the Secretary of State against it.
2
In a case falling within paragraph (1) the Health Authority shall ascertain whether the dentist has appealed and, where he has not done so, shall, subject to paragraph (8), remove his name from the general anaesthesia list forthwith.
3
Where a dentist appeals in accordance with paragraph (1), the Secretary of State shall make arrangements with the dentist to carry out an inspection of the practice premises within 28 days following receipt of the dentist’s notice of appeal, or such longer period as may be mutually agreed.
4
The inspection shall be carried out in the company of the dentist and a representative of the Health Authority.
5
The Secretary of State shall, following the inspection, determine whether the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia.
6
Where the Secretary of State determines, in accordance with paragraphs (3) to (5), that the practice premises continue to be proper and sufficient for the provision of treatment under general anaesthesia, he shall notify the Health Authority and the dentist forthwith.
7
Where the Secretary of State determines, in accordance with paragraph (3), that the practice premises are no longer proper and sufficient for the provision of treatment under general anaesthesia, he shall notify the Health Authority forthwith and the Health Authority shall, on receiving such notification, but subject to paragraph (8), remove the dentist’s name from their general anaesthesia list forthwith.
8
Where a case falls within paragraph (2) or (7) but the dentist provides treatment to patients under general anaesthesia at more than one set of premises, the address of the premises in question shall be erased from the general anaesthesia list but the dentist’s name shall continue to be included in the list unless all of the premises at which he provides such treatment are no longer proper and sufficient for the provision of treatment under general anaesthesia.
.
Amendment of Schedule 1
7
1
Schedule 1 (terms of service for dentists) is amended as follows.
2
In paragraph 16 (mixing of general dental services and private care and treatment) —
a
at the end of sub-paragraph (3)(a) delete “and”; and
b
after sub-paragraph (3)(b) add —
or;
c
where the treatment involves the administration of general anaesthesia, in which case the treatment shall be provided wholly under general dental services or wholly privately.
.
3
In paragraph 21 (general anaesthesia and sedation) —
a
in sub-paragraph (1) after “is necessary,” insert “he shall do so only if his name is included in the Health Authority’s general anaesthesia list and”;
b
in sub-paragraph (1)(a) for “a doctor or another dentist experienced in the administration of general anaesthesia” substitute “an appropriately qualified doctor”; and
c
after sub-paragraph (3) add —
4
In this paragraph “an appropriately qualified doctor” means a doctor who is —
a
on the specialist register of the General Medical Council as an anaesthetist; or
b
working under supervision as part of a Royal College of Anaesthetists' approved training programme; or
c
an anaesthetist other than a consultant anaesthetist employed by a health service hospital under the supervision of a named consultant anaesthetist employed by the anaesthetic department of the same health service hospital.
.
4
After paragraph 33 (premises etc. ) insert —
Premises: general anaesthesia
33A
1
A dentist whose name has been included in the general anaesthesia list shall notify the Health Authority of any change of address of his practice premises, and inform the Health Authority whether he wishes to perform treatment under general anaesthesia at his new practice premises.
2
Where the dentist informs the Health Authority that he does not wish to perform treatment under general anaesthesia at his new practice premises, the Health Authority shall remove the dentist’s name from the general anaesthesia list forthwith.
3
Where the dentist informs the Health Authority that he wishes to perform treatment under general anaesthesia at his new practice premises, he shall apply to the Health Authority in writing to continue to be included in their general anaesthesia list.
4
The provisions of paragraphs (6) to (12) of regulation 5D shall be applied to an application under paragraph (3) as if it were an application for inclusion in the general anaesthesia list.
5
The dentist shall not provide treatment under general anaesthesia at his new practice premises unless his application or, in the case of an appeal, his appeal, is determined in his favour.
6
A dentist whose name is included in the general anaesthesia list shall, at any time during the hours during which his practice premises are usually open for the provision of general dental services, admit a dental officer or a person authorised by the Health Authority for the purpose of inspecting any practice premises of his at which treatment under general anaesthesia is or may be provided, whether or not notice has been given.
.
5
In paragraph 40 (general anaesthetics), delete “or another dentist”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
4th February 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Berkshire Healthcare National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act
“establishment date” means 19th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Berkshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Berkshire Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from the Church Hill House Hospital, Crowthorne Road, Bracknell, Berkshire RG12 7EP and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Berkshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th February 2001


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2001.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 2001–02, is £7,500.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 4) Order 2001 and shall come into force on 24th January 2002.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers or departments
2
1
For the purposes of section 2(2) of the Act, the Secretary of State is designated in relation to the matter specified in the Schedule to this Order.
2
In relation to the matter for which the Secretary of State is designated by this Order, where any other Minister or government is designated by any other Order in relation to that matter for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matter specified in the Schedule to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
In relation to the matter for which any Northern Ireland department is designated by this Order, where any other Minister or government department is designated by this or any other Order in relation to that matter for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of the National Assembly for Wales
4
1
For the purposes of section 2(2) of the Act, the National Assembly for Wales is designated in relation to the matter specified in the Schedule to this Order.
2
Regulations made by the National Assembly for Wales pursuant to this Order shall apply in relation to Wales only.
3
In relation to the matter for which the National Assembly for Wales is designated by this Order, where any other Minister or government department is designated by this or any other Order in relation to that matter for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Portsmouth (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“city” means the city of Portsmouth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Portsmouth (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Portsmouth
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into fourteen wards which shall bear the names set out in the Schedule.
3
The St Jude ward shall comprise Clarence, Kings and Owens Garden parish wards of the parish of Southsea, and the other wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines.
4
The number of councillors to be elected for each ward shall be three.
5
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Portsmouth
3
1
Subject to the following provisions of this article, elections of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 for each ward of the city —
a
one shall retire in 2003 being, subject to paragraphs (5) and (6), the councillor elected by the smallest number of votes;
b
one shall retire in 2004 being, subject to those paragraphs, the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 2006.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The City of Portsmouth (Electoral Arrangements) Order 1979 and article 9 of the Hampshire (Cities of Portsmouth and Southampton) (Structural Change) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th March 2001


text:
1
This Order may be cited as the A15 Trunk Road (North of the M180 Motorway Junction 5 including the Link Road to the A63 Trunk Road) (Detrunking) Order 2001 and shall come into force on 1st July 2001.
2
In this Order —
i
“the plan”
means the plan numbered HA 10/PS/224, marked “The A15 Trunk Road (North of the M180 Motorway Junction 5 including the Link Road to the A63 Trunk Road) (Detrunking) Order 2001,” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Department of the Environment, Transport and the Regions, Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A15 Trunk Road and the link road from Humber Fields Roundabout to the A63 Trunk Road.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be trunk roads and shall be classified as principal roads from the date on which this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Kevin Lasbury
A Divisional Director in The Highways Agency
26th March 2001


text:
Citation and commencement
1
This Order shall be cited as the CfBT/Lambeth Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“CfBT/Lambeth Education Action Zone” means the Education Action Zone established by the CfBT/Lambeth Education Action Zone Order 1998 .
Extension of the CfBT/Lambeth Education Action Zone
3
The CfBT/Lambeth Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Amendment of the CfBT/Lambeth Education Action Zone Order 1998
4
There shall be inserted after article 9 of the CfBT/Lambeth Education Action Zone Order 1998 the following article:
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or with which he had a connection, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 5(a), (b) or (c), if that person no longer appears to represent the interests of the businesses, Southwark Diocesan Board of Education, or the institutions in respect of which he was appointed, as the case may be;
e
in the case of a member appointed pursuant to articles 5(d), (e), (f), (g), (i) or (j), if that person no longer appears to represent the sector, organisation, head teachers or staff at the zone, in respect of which he was appointed, as the case may be;
f
in the case of a member appointed pursuant to article 5(h), if that person is no longer a member of the Council of the London Borough of Lambeth;
g
in the case of a member appointed pursuant to article 5(k), if that person no longer appears to the Forum to be able to further the objects of the zone.
Variation of the CfBT/Lambeth Education Action Zone Order 1998
5
1
The CfBT/Lambeth Education Action Zone Order 1998 is varied as follows:
2
The words in Schedule 2 after “schools comprising for zone” shall be deleted and instead will be substituted:
Archbishop Sumner’s C.E. Primary School, Reedworth Street, London SE11 4PH 3307 Ashmole Primary School, Ashmole Street, London, SW8 1NT 2022 Christ Church (Brixton) C.E. Primary School, Cancell Road, London SW9 6HN 3324 Effra Primary School, Barnwell Road, London SW2 1PL 2191 Effra Nursery School, Barnwell Road, London SW2 1PL 1043 Etheried Nursery School, 10 Lollard Street, London SE11 6UP 1049 Henry Fawcett Primary School, Bowling Green Street, SE11 5BZ 2901 Hillmead Primary School, Moorlands Road, London SW9 8QJ 2898 Jessop Primary School, Lowden Road, Herne Hill, SE24 0BJ 2331 Johanna Primary School, Johanna Street, Lower Marsh, London SE1 7RH 2332 Larkhall Infants School, Smedley Street, Clapham, SW4 6PH 2371 Larkhall Junior School, Smedley Street, Clapham, SW4 6PH 2369 Lilian Baylis School, Lollard Street, London SE11 6PY 4321 Loughborough Infants School, Minet Road, Brixton, SW9 7UA 2853 Loughborough Junior School, Minet Road, Brixton, SW9 7UA 2817 Reay Primary School, Hackford Road, London SW9 0EN 5206 St Andrew’s C.E. Primary School, Kay Road, London SW9 9DE 3403 St Helen’s R.C. Primary School, Knowle Close, London SW9 0TH 3641 St John’s C.E. Primary School, 85 Angell Road, London SW9 7HH 3466 St Jude’s C.E. Primary School, Regent Road, Herne Hill, SE24 0LX 3491 St Mark’s C.E. Primary School, Harleyford Road, Vauxhall, SE11 5SL 3502 St Saviour’s C.E. Primary School, Herne Hill Road, SE24 0AY 3589 St Stephen’s C.E. Primary School, Dorset Road, London SW8 1EJ 3596 Stockwell Park School, Clapham Road, London SW9 9TG 2902 Stockwell Primary School, Stockwell Road, London SW9 9TG 2902 Vauxhall Primary School, Vauxhall Street, London SE11 5LG 2617 Walnut Tree Walk Primary School, Walnut Tree Walk, London SE11 6DS 2628 Wyvil Primary School, Wyvil Road, Vauxhall, London SW8 2TJ 2664
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the M25 Motorway (Junctions 10 to 16) (Variable Speed Limits) Regulations 2001 and shall come into force on 18th December 2001.
General interpretation
2
1
In these Regulations —
“the 1982 Regulations ” means the Motorway Traffic (England and Wales) Regulations 1982 ;
“carriageway”, “hard shoulder”, “motorway” and “verge” have the same meaning as in the 1982 Regulations;
“the relevant roads”, subject to regulation 3, means the lengths of motorway comprised in —
the clockwise carriageway of the M25 between marker posts 72/2 and 102/8;
the carriageways of the relevant clockwise slip roads;
the anti-clockwise carriageway of the M25 between marker posts 102/8 and 72/6;
the carriageways of the relevant anti-clockwise slip roads;
together with the adjacent hard shoulders and verges;
“speed limit sign” means a traffic sign for indicating that a specified maximum speed limit other than the national speed limit is in force; and
“national speed limit” has the meaning given by regulation 5(2) of the Traffic Signs Regulations 1994 .
2
For the purposes of these Regulations, a vehicle shall be regarded as passing a particular traffic sign if and only if —
a
it passes the sign while being driven on a motorway;
b
the sign is on or near that motorway; and
c
the sign is directed at traffic on the carriageway on which the vehicle is being driven or, if the vehicle is being driven on a hard shoulder or verge, the carriageway to which that hard shoulder or verge is adjacent
3
References in these Regulations to the M3, the M4, the M25 and the M40 are references to the lengths of motorway known respectively as the M3, the M4, the M25 and the M40.
4
A reference in these Regulations to a junction followed by a number is a reference to the junction of the M25 of that number.
Interpretation of references to slip roads
3
1
In the definition of “the relevant roads” in regulation 2(1), the reference to the relevant clockwise slip roads is a reference to —
a
the on-slip road which connects the clockwise carriageway of the M25 with the A3 at junction 10; and
b
the on-slip roads and off-slip roads which connect the clockwise carriageway of the M25 with —
the A320 at junction 11,
the A30 at junction 13, and
the A3113 at junction 14, and
c
the lengths of road in the vicinity of junction 12 specified in Part II of Schedule 1 to these Regulations; and
d
the lengths of road in the vicinity of junction 15 specified in Part II of Schedule 2 to these Regulations; and
e
the lengths of road in the vicinity of junction 16 specified in Part II of Schedule 3 to these Regulations.
2
In the definition of “the relevant roads” in regulation 2(1), the reference to the relevant anti-clockwise slip roads is a reference to —
a
the off-slip road which connects the anti-clockwise carriageway of the M25 with the A3 at junction 10; and
b
the on-slip roads and off-slip roads which connect the anti-clockwise carriageway of the M25 with —
the A317 at junction 11,
the A30 at junction 13, and
the A3113 at junction 14; and
c
the lengths of road in the vicinity of junction 12 specified in Part III of Schedule 1 to these Regulations; and
d
the lengths of road in the vicinity of junction 15 specified in Part III of Schedule 2 to these Regulations; and
e
the lengths of road in the vicinity of junction 16 specified in Part III of Schedule 3 to these Regulations.
3
In this regulation a reference to an on-slip road is a reference to a slip road intended for the use of traffic entering the M25; and a reference to an off-slip road shall be construed accordingly.
4
Part I of Schedule 1 to these Regulations shall have effect for the purpose of interpreting Parts II and III of that Schedule.
5
Part I of Schedule 2 to these Regulations shall have effect for the purpose of interpreting Parts II and III of that Schedule.
6
Part I of Schedule 3 to these Regulations shall have effect for the purpose of interpreting Parts II and III of that Schedule.
Speed limits
4
1
Subject to paragraphs (4) and (5) below, where a motor vehicle being driven on any part of the relevant roads on any occasion passes a speed limit sign (“the sign in question”) no person shall, during the relevant period, drive the vehicle on any part of the relevant roads at a speed exceeding the relevant speed.
2
For the purposes of paragraph (1) above, the relevant period is the period that begins immediately after the vehicle passes the sign in question and ends immediately before one of the following events occurs thereafter, namely —
a
the vehicle passes a traffic sign which indicates that the national speed limit or any other specified maximum speed limit is in force; or
b
the vehicle goes outside the area comprising the relevant roads.
3
For the purposes of paragraph (1) above, “relevant speed” means the speed limit indicated by the sign in question at the time that the vehicle passes it.
4
If —
a
a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at a particular location; and
b
apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would not have been subject to a speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case,
the vehicle shall not be subject to any speed limit by virtue of this regulation.
5
If —
a
a motor vehicle being driven on any part of the relevant roads passes a speed limit sign at a particular location; and
b
apart from this paragraph, the vehicle would be subject to a speed limit by virtue of this regulation, but would be subject to a higher speed limit by virtue of this regulation had it passed that location ten seconds earlier than was in fact the case,
paragraph (1) above shall have effect in relation to the vehicle as if it had passed that location ten seconds earlier than was in fact the case.
Revocation
5
The M25 Motorway (Junctions 10 to 15) (Variable Speed Limits) Regulations 1995 are hereby revoked.
Saving
6
Nothing in these Regulations shall prejudice the operation of any other regulations made or having effect as if made under section 17 of the Road Traffic Regulation Act 1984.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State
Department of Transport, Local Government and the Regions
16th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Excise Duty (Payments in Case of Error or Delay) Regulations 2001 and come into force on 1st November 2001.
Claim for payment
2
1
Any claim for a payment under Part 1 of Schedule 3 to the Finance Act 2001 must be made in the form and manner and contain the matters prescribed by this regulation.
2
A claim must be made in writing to the Commissioners.
3
A claim must, by reference to documents that are in the possession of the claimant, state the amount of the claim and the method by which that amount was calculated.
4
A claim must include a statement setting out the full particulars of the error on the part of the Commissioners that the claimant relies on to satisfy the first condition in paragraph 1 of Schedule 3 to the Finance Act 2001 or, as the case may be, the second condition in paragraph 2 of that Schedule.
Claim for interest
3
1
Any claim for interest under paragraphs 7 to 10 of Schedule 3 to the Finance Act 2001 must be made in the form and manner and contain the matters prescribed by this regulation.
2
A claim must be made in writing to the Commissioners.
3
A claim must identify —
a
the paragraph of Schedule 3 to the Finance Act 2001 under which it is made, and
b
the claim for payment, repayment, remission, rebate or drawback to which it relates.
4
A claim for interest under paragraphs 7 to 10 of Schedule 3 to the Finance Act 2001 may be combined with the claim for payment, repayment, remission, rebate or drawback to which it relates but each claim must be separately identified within the document that constitutes the combined claim.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
2nd October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government Best Value (Exclusion of Non-commercial Considerations) Order 2001 and shall come into force on the day after the day on which it is made.
2
In this Order —
“the 1988 Act ” means the Local Government Act 1988 ;
“the 1999 Act ” means the Local Government Act 1999;
“public supply or works contract” means a contract for the supply of goods or materials, for the supply of services or for the execution of works.
Application
2
1
This Order applies —
a
in relation to England, to all best value authorities;
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the 1999 Act (police and fire authorities).
Matters not to be non-commercial matters in relation to best value authorities
3
The matters specified in section 17(5)(a) and the conduct of contractors or workers in industrial disputes between them as specified in section 17(5)(d) of the 1988 Act (Local and other public authority contracts: exclusion of non-commercial considerations) shall cease to be non-commercial matters for the purposes of section 17 of that Act —
a
to the extent that a best value authority considers it necessary or expedient, in order to permit or facilitate compliance with the requirements of Part I of the 1999 Act (Best Value), to exercise the functions regulated by that section in relation to its public supply or works contracts with reference to those matters; or
b
for the purposes of any functions regulated by that section in relation to a public supply or works contract which involves a transfer of staff to which the provisions of the Transfer of Undertakings (Protection of Employment) Regulations 1981 may apply.
Signed by the authority of the Secretary of State
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
12th March 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Control of Transfers of Business Done at Lloyd's) Order 2001 and comes into force on 1st December 2001.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the Council” and “the Society” have the same meaning as in Lloyd’s Act 1982 ;
“former underwriting member” has the meaning given by section 324(1) of the Act.
3
The following provisions, that is to say —
a
sections 104 and 107 to 114 of the Act;
b
any regulations made under section 108 of the Act; and
c
Part I of Schedule 12 to the Act;
apply in relation to schemes for the transfer of the whole or any part of the business carried on by one or more members of the Society or former underwriting members (“the members concerned”) in the same way as they apply in relation to insurance business transfer schemes, but only if the conditions specified by article 4 are satisfied.
4
The conditions referred to in article 3 are —
a
that the scheme results in the business transferred being carried on from an establishment of the transferee in an EEA State;
b
that the Council of Lloyd’s has by resolution authorised one person to act, in connection with the transfer for the members concerned, as transferor; and
c
that a copy of the resolution has been given to the Authority.
5
1
The provisions which apply by virtue of paragraph (a) and (b) of article 3 do so as if —
a
any reference to the authorised person concerned were a reference to the members concerned; and
b
anything done in connection with the transfer by the person authorised in accordance with paragraph (a) of article 4 had been done by the members concerned for whom he acted.
2
In the application of Part I of Schedule 12 to the Act to the members concerned, the conditions in sub-paragraphs (2)(a), (3)(a) and (4)(a) of paragraph 1 of that Schedule are treated as satisfied.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 12) Order 2001.
2
In this Order, except where the context otherwise requires, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Appointed days
2
1
The day appointed for the coming into force of —
a
paragraph 5 of Schedule 2 (interim arrangements) so far as not already in force, and section 18 (miscellaneous amendments) so far as relating to it;
b
Part I of Schedule 13 (pensions: miscellaneous) in respect of the repeal in section 28(1) of the Pension Schemes Act 1993 (ways of giving effect to protected rights), and section 88 (repeals) so far as relating to it,
is 1st January 2002.
2
The day appointed for the coming into force of —
a
paragraph 14 of Schedule 2 (occupational pension schemes: certificates etc. relating to minimum funding requirement), and section 18 so far as relating to it;
b
Part I of Schedule 13 in respect of the repeal in section 58(6)(a) of the Pensions Act 1995 (schedules of contributions), and section 88 so far as relating to it,
is 1st February 2002.
3
The day appointed for the coming into force of —
a
paragraph 7 of Schedule 2 (mandatory payment of contributions equivalent premiums) so far as not already in force, and section 18 so far as relating to it;
b
Part I of Schedule 13 in respect of —
i
the repeal in section 55(2A) of the Pension Schemes Act 1993 (payment of state scheme premiums on termination of certified status),
ii
the repeal in section 51(2A) of the Pension Schemes (Northern Ireland) Act 1993 (payment of state scheme premiums on termination of certified status);
c
Part II of Schedule 13 (pensions on divorce etc ), in respect of the repeal of section 17 of the Family Law Act 1996 (division of pension assets: Scotland);
d
Part V of Schedule 13 (benefits: miscellaneous), in respect of —
i
the repeal of paragraph 24 of Schedule 8 to the Pension Schemes Act 1993 (consequential amendment to section 3 of the Social Security Administration Act 1992),
ii
the repeal in section 1(4) of the Jobseekers Act 1995 (the jobseeker’s allowance); and
e
section 88, so far as relating to the provisions in sub-paragraphs (b) to (d) of this paragraph,
is 6th April 2002.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
19th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Act ” means the Local Government Act 1999;
“ DETR ” means the Department of the Environment, Transport and the Regions;
“fire authority” means —
a fire authority constituted by a combination scheme;
a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
The Council of the Isles of Scilly in its capacity as a fire authority; or
a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 ;
“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980 ;
“unitary council” means a district council, a county council or a London borough which is the sole principal council for its local government area;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ; and
“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 .
3
In this Order a reference to a numbered indicator in a particular Schedule is to the indicator so numbered in column 1 of that Schedule which is described in column 2 of that Schedule.
Application
2
This order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).
General corporate health performance indicators
3
1
The performance of the best value authorities specified in paragraph (2) in exercising all of their functions shall be measured by reference to indicators 1 to 16 in Schedule 1 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London in its capacity as a local authority; and
f
unitary councils.
3
The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2 to 7 and 10 to 16 in Schedule 1 to this Order.
4
The performance of Transport for London in exercising all of its functions shall be measured by reference to indicators 2, 3, 5 to 7 and 10 to 16 Schedule 1 to this Order.
5
The performance of the London Development Agency in exercising all of its functions shall be measured by reference to indicators 2, 3, 5 to 7 and 10 to 16 in Schedule 1 to this Order.
6
The performance of county councils in exercising all of their functions shall be measured by reference to indicators to 1 to 7 and 10 to 16 in Schedule 1 to this Order.
7
The performance of National Park authorities and the Broads authority in exercising all of their functions shall be measured by reference to indicators 2, 3, 5, 6, 7, 11 to 14, 17 and 18 in Schedule 1 to this Order.
8
The performance of fire authorities in exercising all of their functions shall be measured by reference to indicators 2, 3, 7, 10, 11, 14 and 19 in Schedule 1 to this Order.
9
The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 in exercising all of their functions shall be measured by reference to indicators 3, 5, 6 and 10 to 16 in Schedule 1 to this Order.
General police performance indicators
4
The performance of police authorities in exercising all of their functions shall be measured by reference to indicators 1 to 11 in Schedule 2 to this Order.
Performance indicators for police services
5
The performance of police authorities in exercising their functions in relation to emergency services and non-emergency policing services shall be measured by reference to indicators 1 to 21 in Schedule 3 to this Order.
Performance indicators for community safety
6
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to community safety shall be measured by reference to indicators 1 to 7 in Schedule 4 to this order.
2
The best value authorities specified for the purposes of paragraph (1) are;
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London in its capacity as a local authority;
f
unitary councils; and
g
county councils.
Performance indicators for education
7
1
The performance of the best value authorities specified in paragraph (2) in exercising their education functions shall be measured by reference to indicators 1 to 25 in Schedule 5 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for social services
8
1
The performance of the best value authorities specified in paragraph (2) in exercising their social services functions shall be measured by reference to indicators 1 to 16 in Schedule 6 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for housing and related services
9
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing and housing related services shall be measured by reference to indicators 1 to 15 in Schedule 7 to this Order.
2
The best value authorities specified for the purposes of paragrah (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
3
For the purposes of the indicators specified by this article “dwelling” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.
Performance indicators for housing benefit and council tax benefit
10
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing benefit and council tax benefit shall be measured by reference to indicators 1 to 7 in Schedule 8 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
Performance indicators for environmental services
11
1
The performance of waste disposal authorities in exercising all of their functions shall be measured by reference to indicators 1, 2, 3, 4, 5, 6 and 8 in Schedule 9 to this Order.
2
The performance of waste collection authorities in exercising all of their functions shall be measured by reference to indicators 1, 2, 5, 6, 7, 9 and 10, in Schedule 9 to this Order.
3
The performance of principal litter authorities in exercising their functions in respect of litter and refuse shall be measured by reference to indicator 6 in Schedule 9 to this Order.
4
In this article “principal litter authority” shall have the same meaning as in section 86(2) of the Environmental Protection Act 1990 .
Performance standards for waste authorities
12
1
A waste authority which achieved, in the financial year beginning with 1st April 1998 —
a
a recycling and composting rate specified in column (1) of Part I of Schedule 10 to this Order shall, in relation to indicators 1 and 2 in Schedule 9 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;
b
a recycling and composting rate specified in column (1) of Part II of that Schedule shall, in relation to indicators 1 and 2 in Schedule 9 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (3) of that Part.
2
For the purposes of this Article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies” (published on 1st March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of its recycling and composting rates is treated for the purposes of;
a
sub-paragraph (1)(a) of this Article and Part I of Schedule 10 to this Order as having a recycling and composting rate of 16% or more; and
b
sub-paragraph (1)(b) of this Article and Part II of Schedule 10 to this Order as having a recycling and composting rate of 19% or more.
3
For the purposes of this Article“waste authority” means a waste collection authority or a waste disposal authority.
Performance indicators for transport
13
1
The performance of the best value authorities specified in paragraph (2) in exercising their transport functions shall be measured by reference to indicators 1 to 10 in Schedule 11 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
metropolitan district councils; and
e
unitary councils.
3
The performance of London borough councils in exercising their transport functions shall be measured by reference to indicators 1, 3 to 7, 9 and 10 in Schedule 11 to this Order.
4
The performance of Transport for London in exercising its transport functions shall be measured by reference to indicators 1 to 4 and 6 to 10 in Schedule 11 to this Order.
5
The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions shall, in addition to any indicators mentioned in paragraphs (1) or (3), be measured by reference to indicator 11 in Schedule 11 to this Order.
Performance indicators for planning
14
1
The performance of the best value authorities specified in paragraph (2) in exercising their planning functions shall be measured by reference to indicators 1 to 7 in Schedule 12 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
London Borough Councils;
e
non-metropolitan district councils; and
f
unitary councils.
3
The performance of the best value authorities specified in paragraph (4) in exercising their planning functions shall be measured by reference to indicators 2 to 6 in Schedule 12 to this order.
4
The best value authorities specified for the purposes of paragraph (3) are;
a
county councils which are not unitary councils;
b
the Broads authority; and
c
National park authorities.
Performance standard for planning
15
1
The best value authorities specified in paragraph (2) in exercising their planning functions shall, in relation to indicator 4 in Schedule 12 to this Order, meet the standard specified in Schedule 13 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are;
a
Corby Borough Council;
b
East Hampshire District Council;
c
Epping Forest Borough Council;
d
Guildford Borough Council;
e
Harborough District Council;
f
London Borough of Kingston upon Thames;
g
London Borough of Lambeth;
h
London Borough of Merton;
i
Oxford City Council;
j
Reading Borough Council;
k
Restormel Borough Council;
l
Sevenoaks District Council;
m
Trafford Metropolitan Borough Council;
n
Wokingham Council; and
o
Wychavon District Council.
Performance indicator for Environmental Health and Trading Standards
16
1
The performance of the best value authorities specified in paragraph (2) in exercising their environmental health and trading standards functions shall be measured by reference to the indicator contained in Schedule 14 to this order.
2
The best value authorities specified for the purpose of paragraph (1) are;
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London Borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Performance indicator for cultural and related services
17
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to cultural and related services shall be measured by reference to indicators 1 to 7 in Schedule 15 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
London borough councils;
d
metropolitan district councils; and
e
unitary councils.
3
The performance of the best value authorities specified in paragraph (4) in exercising their functions in relation to cultural and related services shall be measured by reference to indicators 1, 2, 4, 6 and 7 in Schedule 15 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
the Council of the Isles of Scilly; and
b
non-metropolitan district councils.
5
The performance of the Greater London Authority in exercising those of its functions which are exercised through the Mayor in relation to cultural and related services shall be measured by reference to indicator 2 in Schedule 15 to this Order.
Performance indicators for fire services
18
The performance of fire authorities in exercising their functions in respect of the provision of fire services shall be measured by reference to indicators 1 to 11 in Schedule 16 to this Order.
Performance indicator for community legal services
19
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to community legal services shall be measured by reference to the indicator in Schedule 17 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Revocation
20
The Local Government (Best Value) Performance Indicators Order 2000 is hereby revoked.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
6th March 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2001, and shall come into force on the twenty eighth day after the day on which they are made.
2
In these Regulations “the 1989 Regulations ” means the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 .
3
These Regulations extend to England only.
Fees for certain applications under the General Permitted Development Order
2
In regulation 11A of the 1989 Regulations for paragraph (1) substitute —
1
Where an application is made to a local planning authority for their determination as to whether the prior approval of the authority will be required in relation to development under Schedule 2 to the General Permitted Development Order a fee shall be paid to that authority of the following amounts —
a
for an application under Parts 6, 7 or 31, £35; and
b
for an application under Part 24, £190
.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
25th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Shepway (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Shepway;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Shepway (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 , and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Shepway
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-two wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Shepway
3
1
The ordinary elections of all councillors of the district of Shepway shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Hythe
4
1
The existing wards of the parish of Hythe shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Hythe East, Hythe North, Hythe South and Hythe West; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Lyminge
5
The parish of Lyminge shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of New Romney
6
The parish of New Romney shall be divided into two parish wards which shall bear the names New Romney Coast and New Romney Town; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of St Mary in the Marsh
7
The parish of St Mary in the Marsh shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors
8
The number of parish councillors to be elected for the parish of Lympne shall be seven.
Revocation
9
The District of Shepway (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Postal Services Act 2000 (Determination of Turnover for Penalties) Order 2001 and shall come into force on 26th March 2001.
2
In this Order, “the licence” means the licence a condition of which the Commission is satisfied has been or is being contravened.
Determination of turnover
2
1
Subject to paragraphs (2) and (3) below, the turnover of a licence holder shall be the licence holder’s annual turnover.
2
Where the Commission is satisfied that a licence holder has contravened any condition of the licence for a period which is greater than 1 year but less than 2 years, the turnover shall be the annual turnover multiplied by 2.
3
Where the Commission is satisfied that a licence holder has contravened any provision of the licence for a period greater than 2 years, the turnover shall be the annual turnover multiplied by 3.
4
For the purposes of this Article, annual turnover shall be calculated in accordance with Article 3.
Calculation of annual turnover
3
1
Subject to paragraph (2) below, a licence holder’s annual turnover is the relevant turnover derived by the licence holder from the provision of relevant services during the financial year (as defined by the licence) preceding the date on which the Commission gives notice of a proposed penalty under section 32(1)(a) of the Act .
2
Where —
a
the period beginning with the day on which the licence was granted and ending on the day on which the Commission gives notice of a proposed penalty under section 32(1)(a) of the Act does not include a financial year, or
b
the licence holder’s financial year is not defined by the licence,
a licence holder’s annual turnover is the amount which bears the same proportion to the relevant turnover derived by the licence holder from the provision of relevant services during the licence period as 365 bears to the number of days in the licence period.
3
In this Article —
“the Act” means the Postal Services Act 2000;
“licence period” means the period beginning with the day on which the licence was granted and ending on the last day of the month preceding that in which the Commission gives notice of a proposed penalty under section 32(1)(a) of the Act;
“relevant services” means the services which the licence holder is authorised by the licence to provide;
“relevant turnover” means turnover after deduction of sales rebates, value added tax and other taxes directly relating to turnover.
Alan Johnson
Parliamentary Under Secretary of State for Competitiveness,
Department of Trade and Industry
22nd March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001, and come into force on the day on which section 1 of the Act comes into force.
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“appropriate person” means —
an individual to whom a relevant document may be given, in accordance with regulation 3(1), in order to give that document to a person who is not an individual, or
in the case of a relevant document given to an appointed representative, his principal;
“business day” means any day except Saturday, Sunday or a bank holiday, where “bank holiday” includes Christmas Day and Good Friday;
“document” means a notice, direction or document (as defined in section 417 of the Act) of any kind;
“host state regulator” has the meaning given in paragraph 11 of Schedule 3 to the Act;
“an investigating authority” means the Authority or the Secretary of State, as the case may be;
“investigator” means a person appointed by an investigating authority under section 97(2), 167, 168(3) or (5), 169(1)(b) or 284 of the Act, or under regulations made under section 262 of the Act, to carry out an investigation;
“nominee”, in relation to any person to whom a document is to be given (“A”), means a person (“B”) who is authorised for the time being to receive relevant documents on behalf of A, to whom relevant documents may be given —
if A has notified the Authority in writing that B is so authorised, by any relevant authority, or
if A has notified a relevant authority in writing that B is so authorised, by that relevant authority;
“ombudsman” has the meaning given in paragraph 1 of Schedule 17 to the Act;
“relevant authority” means —
the Authority,
the Secretary of State,
the Director General of Fair Trading,
an investigator,
the scheme manager,
the scheme operator, or
an ombudsman;
“ a relevant document” means —
a document in relation to which a provision of or made under the Act (other than a provision of or made under Part IX or Part XXIV of the Act) requires a document of that kind to be given, or
where a provision of or made under the Act (other than a provision of or made under Part IX or Part XXIV) authorises the imposition of a requirement, a document by which such a requirement is imposed.
3
For the purposes of these Regulations, the scheme operator and ombudsmen are treated as the same relevant authority (with the effect, in particular, that a document given to one is to be treated as also given to the other).
4
In these Regulations references to a requirement to give any document apply however the requirement is expressed (and so, in particular, include any requirement for a document to be served or sent).
5
For the purposes of these Regulations, writing includes any means of electronic communication which may be processed to produce a legible text.
6
These Regulations have effect subject to any contrary provision made by a relevant authority under the Act with respect to the service of documents.
Methods of service
2
1
This regulation has effect in relation to any relevant document given by a relevant authority to any person (“the recipient”) other than a relevant authority.
2
Any such document must be given by one of the following methods —
a
by delivering it to the recipient, the recipient’s nominee or the appropriate person;
b
by leaving it at the proper address of the recipient, the recipient’s nominee or the appropriate person, determined in accordance with regulation 4;
c
by posting it to that address; or
d
by transmitting it by fax or other means of electronic communication to the recipient, the recipient’s nominee or the appropriate person, in accordance with regulation 5.
3
For the purposes of this regulation, “posting” a relevant document means sending that document pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver by post outside the United Kingdom within such a period as is reasonable in all the circumstances.
Appropriate person to be served
3
1
A relevant document which is required to be given by a relevant authority to a person (other than a relevant authority) who is not an individual may —
a
where that person is a body corporate (other than a limited liability partnership), be given to the secretary or the clerk of that body, or to any person holding a senior position in that body;
b
where that person is a limited liability partnership, be given to any designated member, within the meaning given in section 8 of the Limited Liability Partnerships Act 2000 ;
c
where that person is a partnership (other than a limited liability partnership), be given to any partner;
d
where that person is an unincorporated association other than a partnership, be given to any member of the governing body of the association.
2
A relevant document which is required to be given to an appointed representative may be given to his principal.
3
For the purposes of this regulation, persons holding a senior position in a body corporate include —
a
a director, the treasurer, secretary or chief executive, and
b
a manager or other officer of that body who, in either case, has responsibility for the matter to which the relevant document relates.
Proper address for service
4
1
The proper address —
a
in the case of any person who is required by any provision of or made under the Act to provide to the Authority an address of a place in the United Kingdom for the service of documents, is the address so provided, and
b
in the case of a person to whom no such requirement applies and subject to paragraph (3), is any current address provided by that person as an address for service of relevant documents.
2
In the case of any person who has not provided an address as mentioned in paragraph (1), the proper address is the last known address of that person (whether of his residence, or of a place where he carries on business or is employed), or any address under such of the following provisions as may be applicable —
a
in the case of a body corporate (other than a limited liability partnership), its secretary or its clerk, the address of its registered or principal office in the United Kingdom;
b
in the case of a limited liability partnership or any of its designated members, the address of its registered or principal office in the United Kingdom;
c
in the case of a partnership (other than a limited liability partnership) or any of its partners, the address of its principal office in the United Kingdom;
d
in the case of an unincorporated association other than a partnership, or its governing body, the address of its principal office in the United Kingdom;
e
in the case of a member of a designated professional body, if the member does not have a place of business in the United Kingdom, the address of that body.
3
Where the address mentioned in paragraph (1)(b) is situated in a country or territory other than the United Kingdom, a relevant authority may give a relevant document by leaving it at, or posting it to, any applicable address of a place in the United Kingdom falling within paragraph (2).
Service by electronic means of communication
5
1
A relevant authority may give a relevant document by fax only if the person to whom it is to be given has indicated in writing to that authority (and has not withdrawn the indication) —
a
that he is willing to receive relevant documents by fax, and
b
the fax number to which such documents should be sent.
2
If a relevant authority gives a relevant document by fax it must, by the end of the business day following the day on which it did so, send a copy of that document to the person to whom the document is to be given by any method specified in regulation 2 other than fax.
3
A relevant authority may give a relevant document by any other electronic means of communication only if the person to whom it is to be given —
a
has indicated in writing to that authority (and has not withdrawn the indication) that he is willing to receive relevant documents by those means, and
b
has provided, in writing to that authority for this purpose, an e-mail address, or other electronic identification such as an ISDN or other telephonic link number.
4
A fax number, e-mail address or other electronic identification provided to the Authority for the purpose of accepting the service of relevant documents is sufficient indication, for any relevant authority, for the purposes of paragraph (1) or (3).
Deemed service
6
1
Subject to regulation 11, a relevant document which is given by a relevant authority to any person in accordance with these Regulations is to be treated as having been received on the day shown in the table below.
Method of giving Deemed day of receipt
Leaving the document at the proper address The business day after the day on which it is left at the proper address Post to an address in the United Kingdom The second business day after posting Post to an address in any EEA State (other than the United Kingdom) The fifth business day after posting Fax The business day after the day on which the document is transmitted Other electronic means of communication The business day after the day on which the document is transmitted
2
Where a relevant document is given by fax, that document is to be treated as having been received on the deemed day of receipt of the fax, determined in accordance with paragraph (1), regardless of whether a relevant authority has sent a copy of that document in accordance with paragraph (2) of regulation 5.
Service on a relevant authority
7
1
Subject to paragraphs (2) and (3) and regulations 8 and 10, a relevant document which is to be given to a relevant authority may be given by any method of serving or transmitting documents.
2
Where a relevant document is given by delivering it to the relevant authority, it must be delivered —
a
to the employee or other individual with responsibility for the matter to which the document relates, if the identity of that individual is known, or
b
in any other case, to the published address of that authority.
3
Where a relevant document is given to a relevant authority by leaving it at, or posting it to, the address of a relevant authority, it must be left at or posted to the published address of that authority.
4
For the purposes of this regulation, “posting” a document means sending it by a pre-paid postal service.
Electronic service on a relevant authority
8
1
Where a relevant document which is to be given to a relevant authority is given by fax or other electronic means it must be sent to a fax number, e-mail address or other electronic identification —
a
which has been notified to the sender by the relevant authority as the appropriate number, address or other electronic identification for the purpose of receiving relevant documents of the kind in question, or
b
in all other cases, which has been published by the relevant authority for the purpose of receiving relevant documents.
2
Where any provision of or made under the Act requires a person to give a relevant document to the Authority before the end of a specified period, that person may give that document by fax only if by the end of the business day following the day on which he did so, he sends a copy of that document to the Authority by any method other than fax.
Day of service on a relevant authority
9
1
No relevant document which is to be given to a relevant authority is to be treated as given until it is received by that authority in legible form, and for the purposes of any provision of or made under the Act which requires a relevant authority to take any action within a specified period beginning with the day on which a document was received by that authority, that day is the day on which the document is actually received in legible form.
2
For the purposes of paragraph (1), where a relevant document is given by fax and a copy sent in accordance with paragraph (2) of regulation 8, that document is to be treated as given to the Authority on either the day on which the fax is actually received by the Authority or the day on which the copy is actually received by the Authority, whichever day is the earlier.
Compliance with a requirement to serve a document on the Authority by a specified day
10
1
For the purposes of any provision of or made under the Act which requires a person to give a document to the Authority before the end of a specified period, that person is to be regarded as having complied with that requirement (irrespective of the day on which the document is in fact received by the Authority if it is sent by post, fax or other electronic means) if he sends the document to the Authority in accordance with any applicable directions before the end of the specified period or, where no such directions apply, if he —
a
delivers the document to an employee of the Authority with responsibility for the matter to which the document relates before the end of the specified period;
b
leaves the document at the Authority’s address before the end of the specified period, and obtains a time stamped receipt;
c
posts the document to the Authority’s address before the final day of the specified period;
d
sends the document to the Authority by fax before the end of the specified period, provided that he has also sent or subsequently sends a copy of that document in accordance with paragraph (2) of regulation 8; or
e
sends the document to the Authority by other electronic means of communication before the end of the specified period, and obtains electronic confirmation of receipt.
2
For the purposes of this regulation —
a
“posts” means —
i
where the person who is required to give a document is located in the United Kingdom, sending that document pre-paid by a postal service which seeks to deliver documents by post within the United Kingdom no later than the next working day in all or the majority of cases, and
ii
where the person who is required to give a document is located outside the United Kingdom, sending that document pre-paid by a postal service which seeks to deliver documents by post in the fastest time which is reasonable in the circumstances;
b
“applicable direction” means any direction given by the Authority under the Act which specifies the manner in which the relevant document in question is to be given.
Day of service on a host state regulator
11
No relevant document is to be treated as given by a relevant authority to a host state regulator until it is received by that regulator.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th April 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 in relation to England substitute —
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough.
The council of an inner London borough.
The Common Council of the City of London.
£53.92
A London waste disposal authority which comprises outer London boroughs.
The council of an outer London borough.
£47.55
The Greater Manchester Waste Disposal Authority.
The Merseyside Waste Disposal Authority.
The council of a metropolitan district.
£39.96 Any other waste disposal authority in England. £32.33 where the authority incurs any transport costs in disposing of similar wastes, and £23.44 in other cases.
Revocation
3
The Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2000 (which last substituted a new Schedule to the 1992 Regulations) are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 2001