text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Road Vehicles (Display of Registration Marks) Regulations 2001 and shall come into force —
a
for the purposes of this paragraph and regulation 17, on 21st March 2001, and
b
for all other purposes, on 1st September 2001.
2
The regulations specified in Schedule 1 are hereby revoked.
Interpretation: general
2
1
In these Regulations the following expressions shall have the following meanings —
“ the Act ” means the Vehicle Excise and Registration Act 1994;
“agricultural machine” means a vehicle which is —
an agricultural tractor, as defined in paragraph 4B(2) of Schedule 1 to the Act , or
an off-road tractor, as defined in paragraph 4B(4) of that Schedule, or
a light agricultural vehicle, as defined in paragraph 4C(2) of that Schedule, or
an agricultural engine, or
a mowing machine;
“the Council Regulation ” means Council Regulation ( EC ) No. 2411/98 on the recognition in intra-community traffic of the distinguishing signs of member states in which motor vehicles are registered;
“dual purpose plate” means a plate or other device which displays both the registration mark of the vehicle and the international distinguishing sign of the United Kingdom in accordance with the Council Regulation;
“ 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;
“motor cycle” means a vehicle having 2 wheels and includes a vehicle of that description in combination with a sidecar;
“motor tricycle” means a vehicle having 3 wheels symmetrically arranged;
“quadricycle” means a vehicle having four wheels, a maximum net engine power not exceeding 15 kilowatts and an unladen mass (excluding the mass of batteries in the case of an electrically-powered vehicle) not exceeding —
550 kilograms in the case of a goods vehicle, and
400 kilograms in any other case;
“registration plate” means a plate or other device displaying the registration mark of the vehicle and in the case of a dual purpose plate means such part of the plate as is not intended for the display the international distinguishing sign of the United Kingdom in accordance with the Council Regulation;
“prescribed font” means the style shown in Schedule 4 for a character of the height specified in that Schedule;
“relevant date” means —
in Great Britain, 1st October 1938, and
in Northern Ireland, 1st January 1948;
“works truck” means a vehicle which is —
designed for use in private premises, and
used on public roads only —
for carrying goods between private premises and a vehicle on a road in the immediate vicinity, or
in passing from one part of private premises to another or between private premises and other private premises in the immediate vicinity, or
in connection with road works at or in the immediate vicinity of the site of the works.
2
Unless the context otherwise requires, a reference in these Regulations to —
a
a registration plate fixed or to be fixed to a vehicle, or
b
a registration mark displayed or to be displayed on a plate,
is to be construed, where the vehicle is towing a trailer, so as to include a reference to the registration plate which is required under these Regulations to be fixed to the trailer or a reference to the mark displayed on the plate fixed to that trailer.
Exempt vehicles
3
Nothing in these Regulations applies to —
a
an invalid vehicle, that is a vehicle the unladen weight of which does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from a physical disability and solely used by that person; or
b
a pedestrian-controlled vehicle, that is a vehicle the unladen weight of which does not exceed 450 kilograms which is neither constructed nor adapted for the carriage of a driver or passenger.
PART II
REGISTRATION PLATES
Interpretation of Part II
4
In this Part the following expressions shall have the following meanings —
“diagonal length”, in relation to a relevant area, means the length of a line drawn diagonally across the square enclosing the area (so that the extent of the relevant area is thereby delimited);
“relevant area”, in relation to a registration plate, means the area contained in a square described on the ground —
in front of the vehicle in the case of a plate fixed on the front of the vehicle, and
behind the vehicle in the case of a plate fixed on the rear of the vehicle,
where one corner of the square is immediately below the middle of the plate and the diagonal of the square from that corner is parallel to the longitudinal axis of the vehicle;
“relevant type-approval directive” means —
in the case of a motor cycle, motor tricycle or quadricycle —
Council Directive 93/94/ EEC (as amended by Commission Directive 99/26/EC ) as regards the space to be provided for fixing of the rear registration plate, and
Council Directive 93/92/EEC as regards the rear registration plate lamp;
in the case of any other vehicle or a trailer —
Council Directive 70/222/EEC as regards the space to be provided for fixing of the rear registration plate, and
Council Directive 76/760/EEC (as amended by Commission Directive 97/31/EC ) as regards the rear registration plate lamp.
Fixing of rear registration plates: vehicles registered on or after the relevant date
5
1
This regulation applies to vehicles, other than works trucks, road rollers and agricultural machines, first registered on or after the relevant date.
2
A registration plate must be fixed on the rear of —
a
the vehicle, or
b
where the vehicle is towing a trailer, the trailer, or
c
where the vehicle is towing more than one trailer, the rearmost trailer.
3
Where a vehicle (or, in a case where the plate is required to be fixed on a trailer, that trailer) has been constructed so as to satisfy the requirements of the relevant type-approval directive, whether or not it is required by law to satisfy them, the plate may be fixed in the space provided in accordance with those requirements but if it is not so fixed it must be fixed in the manner required by paragraph (5).
4
Except as provided in paragraph (3) the plate must be fixed in the manner required by paragraph (5).
5
This paragraph requires the plate to be fixed —
a
vertically or, where that is not reasonably practicable, in a position as close to the vertical as is reasonably practicable, and
b
in such a position that in normal daylight the characters of the registration mark are easily distinguishable from every part of a relevant area having the diagonal length specified in paragraph (6).
6
The diagonal length of the relevant area is —
a
in the case of a mark having characters the width of which is at least 57 millimetres, 22 metres,
b
in the case of a mark having characters the width of which is 50 millimetres, 21.5 metres,
c
in the case of a mark having characters the width of which is 44 millimetres, 18 metres.
Fixing of front registration plates: vehicles registered on or after the relevant date
6
1
This regulation applies to vehicles, other than works trucks, road rollers and agricultural machines, first registered on or after the relevant date.
2
Except as provided in paragraph (5), a registration plate must be fixed on the front of the vehicle in the manner required by paragraph (3).
3
This paragraph requires the plate to be fixed —
a
vertically or, where that is not reasonably practicable, in a position as close to the vertical as is reasonably practicable,
b
in such a position that in normal daylight the characters of the registration mark are easily distinguishable from every part of a relevant area having the diagonal length specified in paragraph (4).
4
The diagonal length of the relevant area is —
a
in the case of a mark having characters the width of which is at least 57 millimetres, 22 metres,
b
in the case of a mark having characters the width of which is 50 millimetres, 21.5 metres,
c
in the case of a mark having characters the width of which is 44 millimetres, 18 metres.
5
In the case of a motor cycle or a motor tricycle which does not have a body of a type which is characteristic of the body of a four-wheeled vehicle —
a
a registration plate must not be fixed on the front of a vehicle if it was first registered on or after 1st September 2001,
b
a plate need not be fixed on the front of the vehicle if it was first registered before 1st September 2001.
Fixing of registration plates: vehicles registered before the relevant date
7
1
This regulation applies to vehicles, other than works trucks, road rollers and agricultural machines, first registered before the relevant date.
2
Except as provided in paragraph (4), a registration plate must be fixed in the manner required by paragraph (3) on —
a
the front of the vehicle, and
b
the rear of —
i
the vehicle or,
ii
where the vehicle is towing a trailer, the trailer or,
iii
where the vehicle is towing more than one trailer, the rearmost trailer.
3
This paragraph requires each plate to be fixed —
a
in a vertical position or, where that is not possible, in a position as close to the vertical as is reasonably practicable, and
b
in such a position that in normal daylight the characters of the registration mark are easily distinguishable, in the case of a plate fixed on the front of the vehicle, from in front of the vehicle and, in the case of a plate fixed on the rear of the vehicle or trailer, from behind the vehicle or trailer.
4
In the case of a motor cycle and a motor tricycle which does not have a body of a type which is characteristic of the body of a four-wheeled vehicle, a registration plate need not be fixed on the front of the vehicle.
Fixing of registration plates: works trucks, road rollers and agricultural machines
8
1
This regulation applies to works trucks, road rollers and agricultural machines.
2
A registration plate must be fixed on the vehicle in a vertical position or, where that is not possible, in a position as close to the vertical as is reasonably practicable —
a
on both sides of the vehicles, so that the characters of the mark are easily distinguishable from both sides of the vehicle, or
b
on the rear of the vehicle, so that the characters of the mark are easily distinguishable from behind the vehicle, or
c
where the vehicle is towing a trailer or trailers and the plate is not fixed on the sides of the vehicle, on the trailer or the rearmost trailer (as the case may be) so that the characters of the mark are easily distinguishable from behind the trailer.
3
Where the towing vehicle is an agricultural machine, a plate fixed on the trailer may, instead of displaying the registration mark of the towing vehicle, display the mark of any other agricultural machine kept by the keeper of the towing vehicle.
Lighting of rear registration plates
9
1
This regulation applies to vehicles other than —
a
works trucks,
b
road rollers,
c
agricultural machines, and
d
vehicles first registered before the relevant date.
2
Where the vehicle is being used on a road between sunset and sunrise the registration plate fixed on the rear of —
a
the vehicle, or
b
where the vehicle is towing a trailer, the trailer or,
c
where the vehicle is towing more than one trailer, the rearmost trailer,
must be lit in accordance with this regulation.
3
Where a vehicle (or, in a case where the plate is required to be fixed on a trailer, that trailer) has been constructed so as to satisfy the requirements of the relevant type-approval directive, whether or not it is required by law to satisfy them, that plate may be lit by a lamp which complies with those requirements but if it is not so lit it must be lit in the manner required by paragraph (5).
4
Except as provided in paragraph (3) that plate must be lit in the manner required by paragraph (5).
5
This paragraph requires the plate to be lit so that it is easily distinguishable from every part of a relevant area having a diagonal length —
a
in the case of a plate displaying a mark having characters with a width of 44 millimetres, of 15 metres, and
b
in any other case, of 18 metres.
Specifications for registration plates
10
1
A registration mark must be displayed on a registration plate conforming to the requirements prescribed by this regulation.
2
In the case of a vehicle first registered on or after 1st September 2001 the registration plate must conform to the requirements set out in Part 1 of Schedule 2.
3
Subject to paragraph (4), in the case of a vehicle first registered on or after 1st January 1973 but before 1st September 2001 the registration plate must conform either to the requirements set out in Part 2 of Schedule 2 or to the requirements set out in Part 1 of that Schedule.
4
Where on or after 1st September 2001 a new registration plate is fixed to a vehicle to which paragraph (3) applies to replace a plate previously fixed thereto, the plate must conform to the requirements set out in Part 1 of Schedule 2.
5
In the case of a vehicle first registered before 1st January 1973, the registration plate must conform either to one of the requirements set out in Part 3 of Schedule 2 or to the requirements set out in Part 2 of that Schedule or to the requirements set out in Part 1 of that Schedule.
6
The corners of a registration plate may be rounded off provided that the requirements of regulation 14(9) (margins around registration marks) are not thereby infringed.
Further requirements for registration plates
11
1
No reflex-reflecting material may be applied to any part of a registration plate and the plate must not be treated in such a way that the characters of the registration mark become, or are caused to act as, retroreflective characters.
2
A registration plate must not be treated in any other way which renders the characters of the registration mark less easily distinguishable to the eye or which would prevent or impair the making of a true photographic image of the plate through the medium of camera and film or any other device.
3
A registration plate must not be fixed to a vehicle —
a
by means of a screw, bolt or other fixing device of any type or colour,
b
by the placing of a screw, bolt or other fixing device in any position, or
c
in any other manner,
which has the effect of changing the appearance or legibility of any of the characters of the registration mark, which renders the characters of the registration mark less easily distinguishable to the eye or which prevents or impairs the making of a true photographic image of the plate through the medium of camera and film or any other device.
4
Section 59(2)(a) of the Act (regulations the contravention of which attracts a level 3 fine) applies to paragraphs (1), (2) and (3) of this regulation.
PART III
REGISTRATION MARKS
Interpretation of Part III
12
1
In this Part and in Schedule 3, the following expressions shall have the following meanings —
a
“diagram” means a diagram shown in Part 2 of Schedule 3 and a reference to a numbered diagram is a reference to the diagram identified by that number in that part of that Schedule,
b
“Table A” means the table in Part 1 of Schedule 3,
c
“Table B” means the table in Part 3 of Schedule 3,
d
a reference to “relevant character height” is a reference to the height of the characters in the registration mark shown at the head of column (2), (3) or (4) of Table B as the case may be.
2
Any provision as to measurement contained in this Part or in Schedule 3 shall be taken to be complied with —
a
in the case of a provision prescribing character height, if the height of the character is not more than 1 millimetre more or less than the measurement prescribed herein, and
b
in the case of a provision prescribing any other dimension, if the dimension of the character or the space in question is not more than 0.5 millimetres more or less than the measurement prescribed herein.
3
For the purpose of any provision contained in this Part or in Schedule 3 as to the spacing between characters or between groups of characters or as to the width of a margin the measurement shall be made —
a
in the case of a horizontal spacing requirement, between vertical lines passing through the extreme edges of each character or group of characters or between a vertical line passing through the extreme edge of a character and the lateral edge of the plate (as the case may be), and
b
in the case of a vertical spacing requirement, between horizontal lines passing through the extreme edges of each group of characters or between a horizontal line passing through the extreme edge of a group of characters and the top or bottom edge of the plate (as the case may be).
Layout of marks
13
1
Subject to paragraphs (2) and (3), a registration mark of a description specified in column (1) of Table A must be laid out on the registration plate in conformity with one of the diagrams specified in relation to that description in column (2) of Table A.
2
A mark displayed on a motor cycle may not be laid out in conformity with diagram 1a, 2a, 3a, 4a, 5a, 6a, 7a, 8a or 9a.
3
A mark may not be laid out in conformity with diagram 2c, 3c, 4b or 7b if it is displayed on —
a
a registration plate fixed to a vehicle first registered on or after 1st September 2001, or
b
a new registration plate fixed to a vehicle on or after 1st September 2001 to replace a plate previously fixed thereto (except where the vehicle was first registered before 1st January 1973).
Size and spacing of characters
14
1
Except in the cases mentioned in paragraphs (2) and (3), each character in a registration mark must be 79 millimetres high.
2
In the case of a registration mark displayed on a vehicle first registered before 1st September 2001, a character in a registration mark may be 89 millimetres high unless —
a
the vehicle was first registered on or after 1st January 1973 and the mark is displayed on a new registration plate fixed to the vehicle to replace a plate previously fixed thereto, or
b
the vehicle is a motor cycle, motor tricycle, quadricycle, agricultural machine, works truck or road roller.
3
In the case of a registration mark fixed on a motor cycle, motor tricycle, quadricycle, agricultural machine, works truck or road roller, each character of the mark may be 64 millimetres high.
4
The width of each character of a mark other than the letter “I” and the figure “1” must be —
a
in the case of a mark displayed —
i
on a registration plate fixed to a vehicle first registered on or after 1st September 2001, or
ii
on a new registration plate fixed to a vehicle on or after 1st September 2001 to replace a plate previously fixed thereto (except where the vehicle was first registered before 1st January 1973),
that shown in line 1 of Table B in relation to the relevant character height,
b
in any other case, that shown in line 2 of Table B in relation to the relevant character height.
5
The width of every part of the stroke forming a character in a mark must be that shown in line 3 of Table B in relation to the relevant character height.
6
Except in a case to which paragraph (11) applies, the spacing between any two characters within a group must be that shown in line 4 of Table B in relation to the relevant character height.
7
The horizontal spacing between groups of characters in a mark must be that shown in line 5 of Table B in relation to the relevant character height.
8
The vertical spacing between groups of characters must be that shown in line 6 of Table B in relation to the relevant character height.
9
The width of a margin between the mark and the top, bottom and lateral edges of the registration plate must be not less than that shown in line 7 of Table B in relation to the relevant character height.
10
Paragraph (11) applies where —
a
one or both of the characters is “I” or “1”,
b
those characters are either 79 millimetres or 89 millimetres high,
c
the mark is displayed on a vehicle first registered before 1st September 2001,
d
the registration plate displaying the mark was fixed to the vehicle before 1st September 2001 or, if that is not the case, the vehicle was first registered before 1st January 1973 and,
e
the plate is made of cast or pressed metal with raised characters.
11
Where this paragraph applies the spacing between —
b
two characters one of which is “I” or “1” must be within the limits shown in line 8 of Table B in relation to the relevant character height, and
c
two characters both of which are “I” or “1” must be within the limits shown in line 9 of Table B in relation to the relevant character height,
but where one or more characters in a group is “I” or “1” all the characters within that group must be evenly spaced.
Style of characters
15
1
In the case of a registration mark displayed —
a
on a registration plate fixed to a vehicle first registered on or after 1st September 2001, or
b
on a new registration plate fixed to a vehicle on or after 1st September 2001 to replace a plate previously fixed thereto (except where the vehicle was first registered before 1st January 1973),
each of the characters of the mark must be in the prescribed font.
2
Except in a case to which paragraph (1) applies, each of the characters of the registration mark must either be in the prescribed font or in a style which is substantially similar to the prescribed font so that the character is easily distinguishable and in particular, but without prejudice to the generality of those requirements, characters must not be formed in any way described in paragraph (4) or in a manner which is similar to any of those ways.
3
For the purposes of paragraph (2), a character shall not be treated as being in a style which is not substantially similar to the prescribed font merely by virtue of the fact that it has, or does not have, serifs.
4
The ways of forming characters referred to in paragraph (2) are their formation —
a
in italic script,
b
using a font, other than italic script, in which the characters are not vertical,
c
using a font in which the curvature or alignment of the lines of the stroke is substantially different from the prescribed font,
d
using multiple strokes,
e
using a broken stroke,
f
in such a way as to make a character or more than one character appear like a different character or characters.
PART IV
MISCELLANEOUS
International distinguishing signs and other material
16
1
No material other than a registration mark may be displayed on a registration plate except material complying with the requirements of any of the relevant standards mentioned in Schedule 2.
2
Where a mark is displayed on a dual purpose plate —
a
no material other than the international distinguishing sign of the United Kingdom displayed in accordance with the Council Registration may be placed in the space provided on the plate for that purpose;
b
no part of the international distinguishing sign must encroach beyond the extreme left of the registration mark (that is to say the outside edge of the margin prescribed by these Regulations).
3
Unless it forms part of a dual purpose plate a registration plate may not be combined with a plate or device of any kind containing material which would not be permitted to be displayed on a dual purpose plate.
Optional early use of new-specification plates and prescribed font
17
1
This regulation applies in a case where, on or after 21st March and before 1st September 2001 a registration mark on a vehicle —
a
is displayed on a registration plate which conforms to the specification set out in Part 1 of Schedule 2 and is otherwise fixed on the vehicle and lit in accordance with the requirements of Part II of these Regulations,
b
conforms to the requirements of regulations 13 and 14 as to layout and spacing of characters in so far as they apply to vehicles first registered on or after 1st September 2001, and
c
is comprised of characters each of which is in the prescribed font.
2
Where this regulation applies —
a
regulations 17 to 22 of the Road Vehicles (Registration and Licensing) Regulations 1971 or, as the case may be,
b
regulations 18 to 23 of the Road Vehicles (Registration and Licensing) Regulations (Northern Ireland) 1973 ,
(which provide for the format and means of display of registration plates and marks) shall cease to apply in respect of that vehicle and any trailer being towed by it and the provisions of these Regulations shall apply instead.
Saving for vehicles constructed before 1st January 1973
18
For the purposes of these Regulations a vehicle which was first registered on or after 1st January 1973 shall be treated as if it was first registered before that date if —
a
it is an exempt vehicle for the purposes of paragraph 1A(1) of Schedule 2 to the Act , or
b
not being such a vehicle, it was constructed before 1st January 1973.
Offences under section 59 of the Act
19
1
For the purposes of section 59(1) of the Act (regulations: offences), the person responsible for complying with these Regulations is the person driving the vehicle or, where it is not being driven, the person keeping it.
2
Paragraph (1) does not apply to a regulation the breach of which would constitute an offence under section 42(1) of the Act (not fixing a registration mark as required by virtue of section 23).
Signed on behalf of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary,
Department for the Environment, Transport and the Regions
26th February 2001


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Suckler Cow Premium Regulations 2001 and shall come into force on 4th May 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“applicant” means a producer who has applied for premium;
“the appropriate authority” means —
where the Minister is the relevant competent authority in relation to the holding in question, the Minister; and
where the National Assembly is the relevant competent authority in relation to the holding in question, the National Assembly;
“authorised person” means a person (whether or not an officer of the appropriate authority) who is authorised by the appropriate authority, either generally or specifically, to act in matters arising under these Regulations;
“cattle” means cows and heifers;
“ Commission Regulation 3887/92 ” means Commission Regulation ( EEC ) No. 3887/92 laying down detailed rules for applying the integrated administration and control system for certain Community aid schemes ;
“ Commission Regulation 2342/1999 ” means Commission Regulation ( EC ) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes (as amended by Commission Regulation (EC) No. 1042/2000 , Commission Regulation (EC) No. 1900/2000 , Commission Regulation (EC) No. 2733/2000 and Commission Regulation (EC) No. 192/2001 );
“Council Regulation 3508/92” means Council Regulation (EEC) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“ Council Regulation 820/97 ” means Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products ;
“ Council Regulation 1254/1999 ” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“forage area” has the meaning given by Article 12(2)(b) of Council Regulation 1254/1999;
“holding” has the meaning given by Article 3(b) of Council Regulation 1254/1999;
“the IACS Regulations ” means the Integrated Administration and Control System Regulations 1993 ;
“livestock unit” means the unit of measurement used to establish the stocking density of the forage area on a holding, and calculated in accordance with Article 12 of, and Annex III to, Council Regulation 1254/1999 by reference to the number of animals on that forage area;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“the National Assembly” means the National Assembly for Wales;
“overgrazing” means grazing land with livestock in such numbers as adversely to affect the growth, quality or species composition of vegetation (other than vegetation normally grazed to destruction) on that land to a significant degree, and “overgrazed” shall be construed accordingly;
“premium” means the premium for maintaining suckler cows and heifers which is payable under Article 6 of Council Regulation 1254/1999;
“premium animal” means, in respect of a given scheme year, a suckler cow or heifer in respect of which an application for premium has been or will be made in that scheme year;
“producer” has the meaning given by Article 3(a) of Council Regulation 1254/1999;
“ Regulation 1760/2000 ” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and requiring the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 ;
“relevant competent authority” has the same meaning as in the IACS Regulations;
“retention period” means the retention period for premium animals referred to in Article 6(2) of Council Regulation 1254/1999 and starting as indicated in Article 16 of Commission Regulation 2342/1999;
“scheme year” means any calendar year in respect of which premium may be paid but also includes any part of a retention period in relation to an application for premium in respect of a given calendar year which falls within the following calendar year;
“specified control measure” means any check which a Member State is required to carry out under Article 6 of Commission Regulation 3887/92;
“specified record” means any record which an applicant is required to retain by virtue of —
regulation 7(1);
article 9(1) of the Bovine Animals (Identification, Marking and Breeding Records) Order 1990 ;
article 5(1) of the Bovine Animals (Records, Identification and Movement) Order 1995 ;
Articles 7(1) and (4) of Council Regulation 820/97 and the Cattle Identification (Enforcement) Regulations 1997 ;
Articles 7(1) and (4) of Council Regulation 820/97 and the Cattle Identification Regulations 1998 ; or
Articles 7(1) and (4) of Regulation 1760/2000 and the Cattle Identification Regulations 1998;
and
“unsuitable supplementary feeding methods” means providing supplementary feed (other than to maintain livestock during abnormal weather conditions) in such a manner as to result in damage to vegetation through excessive trampling or poaching of land by animals or excessive rutting by vehicles.
2
Other expressions used in these Regulations have, in so far as the context admits, the same meanings as in Council Regulation 1254/1999, Commission Regulation 2342/1999 and Commission Regulation 3887/92.
3
In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
4
In these Regulations any reference to —
a
a numbered regulation shall be construed as a reference to the regulation so numbered in these Regulations; and
b
the Schedule shall be construed as a reference to the Schedule to these Regulations.
Application
3
1
These Regulations shall apply to applicants, and in relation to the holdings of such applicants, to the specified extent.
2
For the purposes of paragraph (1), “the specified extent”, in relation to an applicant, is the extent to which the appropriate authority is the relevant competent authority in relation to his holding for the purposes of the IACS Regulations.
Applications for premium etc.
4
1
For the purposes of Article 6(2)(b) of Council Regulation 1254/1999, the total individual reference quantity which must not be exceeded shall be 180,000 kilograms of milk or milk products.
2
For the purposes of Article 30(2) of Commission Regulation 2342/1999, the period in each calendar year during which an application for premium may be submitted shall be the period from and including 1st July to and including 6th December in that calendar year.
3
A producer shall not be entitled to submit more than one application for premium during any one calendar year.
4
Where in respect of any given calendar year a number of applications for premium are submitted by persons who have in respect of that year made more than one area aid application under Article 6 of Council Regulation 3508/92 but who are regarded as a single farmer within the meaning of Article 1(4) of that Regulation, the applications concerned shall be deemed to be a single application made by one producer for the purposes of paragraph (3).
5
Where any additional payment provided for by —
a
Article 1 of Council Regulation (EC) No. 2443/96 providing for additional measures for direct support of producers' incomes or for the beef and veal sector , or
b
Article 14 of Council Regulation 1254/1999,
is made to a successful applicant, then —
i
he shall be deemed to have applied for that payment under this regulation in the like manner that he applied for the premium concerned;
ii
the application he is deemed to have made as aforesaid shall for the purposes of paragraph (3) of this regulation be regarded as one and the same as the application he did make and which attracted that additional payment; and
iii
the additional payment shall for the purposes of regulations 5 to 15 be regarded as a payment of premium.
Overgrazing
5
1
Subject to paragraph (2) below, where, in the year preceding the opening date for submitting claims for premium in respect of any given scheme year, the appropriate authority forms the opinion that any parcel of land is being overgrazed, that authority may notify the occupier of the maximum number of premium animals which may be grazed and maintained on that parcel in that scheme year, which number shall be determined by taking account of the number of other animals (expressed in terms of livestock units) likely to be grazed and maintained on the parcel concerned in the scheme year in question and having regard to such conditions as may be specified in the notification.
2
The appropriate authority may in the year preceding the opening date for submitting claims for premium in respect of any given scheme year issue a notification under paragraph (1) above even where there is no evidence that the parcel of land to which it relates is being overgrazed if that authority has previously made such a notification under paragraph (1) or any of the provisions specified in paragraph (5) in respect of that parcel having formed the opinion that it was being overgrazed.
3
Where the appropriate authority has made a notification under paragraph (1) or any of the provisions specified in paragraph (5), no premium shall be paid in respect of the scheme year for which it was issued on any number of premium animals grazed and maintained in that scheme year on the parcel of land to which it relates in excess of the maximum number of such animals specified in it.
4
Where the appropriate authority has made a notification under paragraph (1) above and is satisfied that —
a
any condition specified in that notification has been breached; or
b
more premium animals than the maximum number specified in the notification have been grazed and maintained on the parcel of land to which it relates in the scheme year for which it was issued, that authority may withhold or recover on demand the whole or any part of the premium otherwise payable or as the case may be already paid to the recipient of the notification for the scheme year to which it relates.
5
The provisions referred to in paragraphs (2) and (3) are —
a
regulation 3A of the Suckler Cow Premium Regulations 1993 ;
b
regulation 11 of the Beef Special Premium Scheme Regulations 1996 ;
c
where the Minister is the appropriate authority, regulation 8 of the Slaughter Premium Regulations 2000 ;
d
where the National Assembly is the appropriate authority, regulation 8 of the Slaughter Premium (Wales) Regulations 2001 ;
e
regulation 3A of the Sheep Annual Premium Regulations 1992 ; and
f
regulation 10 of the Hill Livestock (Compensatory Allowances) Regulations 1999 .
Unsuitable supplementary feeding methods
6
1
Where, in any scheme year, the applicant uses unsuitable supplementary feeding methods, the appropriate authority may —
a
in accordance with paragraph (2), reduce or withhold the amount of premium otherwise payable to him in respect of that scheme year; or
b
where premium has already been paid to him, recover any premium so paid.
2
Where the applicant was not penalised for using unsuitable supplementary feeding methods under paragraph (1) nor under any of the provisions specified in paragraph (3) in the preceding scheme year, the amount of premium referred to in paragraph (1) may be reduced by ten per cent; where the applicant was so penalised in the preceding scheme year, but not in the scheme year before that, that amount may be reduced by twenty per cent; and where the applicant was so penalised in each of the two preceding scheme years that amount may be withheld.
3
The provisions referred to in paragraph (2) are —
a
regulation 3B of the Suckler Cow Premium Regulations 1993;
b
regulation 12 of the Beef Special Premium Scheme Regulations 1996;
c
where the Minister is the appropriate authority, regulation 9 of the Slaughter Premium Regulations 2000;
d
where the National Assembly is the appropriate authority, regulation 9 of the Slaughter Premium (Wales) Regulations 2001;
e
regulation 3B of the Sheep Annual Premium Regulations 1992; and
f
regulation 8(3) of the Hill Livestock (Compensatory Allowances) Regulations 1999.
Retention of records
7
1
An applicant shall retain for a period of four years from the relevant date any bill, account, receipt, voucher or other record relating to —
a
the number of cattle kept on his holding during the period of six months following that date; and
b
any transaction concerning cattle, milk or milk products carried out by him on that date and during the period of twelve months following that date.
2
For the purpose of this regulation “relevant date” means, in relation to an applicant, the date on which his application was submitted to the appropriate authority.
Powers of authorised persons
8
1
An authorised person may at all reasonable hours and on producing, if so required, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
carrying out any specified control measure; or
b
ascertaining whether an offence under regulation 12(d) has been or is being committed.
2
An authorised person may enter any land, other than land used only as a dwelling, which is, or which such person has reasonable cause to believe to be, a holding occupied by, or in the possession of, an applicant.
3
An authorised person who has entered any land by virtue of this regulation may —
a
inspect and verify the total area of land, including forage area, farmed by an applicant;
b
inspect and count any cattle on that land;
c
carry out any other activity which is a specified control measure; and
d
inspect that land for the purpose of determining whether or not it has been overgrazed or unsuitable supplementary feeding methods have been used on it.
4
An authorised person entering any land by virtue of this regulation may take with him such other persons as he considers necessary.
5
An authorised person may —
a
require an applicant or any employee, servant or agent of an applicant to produce any specified record and to supply such additional information in that person’s possession or under his control relating to an application for premium as the authorised person may reasonably request;
b
inspect any such specified record and, where any such record is kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with that specified record;
c
require that copies of, or extracts from, any specified record be produced;
d
seize and retain any such specified record which he has reason to believe may be required as evidence in proceedings under these Regulations and, where any such record is kept by means of a computer, require it to be produced in a form in which it may be taken away.
Assistance to authorised persons
9
An applicant or any employee, servant or agent of an applicant shall give to an authorised person such assistance as the authorised person may reasonably request so as to enable the authorised person to exercise any power conferred by regulation 8 and in particular, in relation to any cattle, shall arrange for the collection, penning and securing of such cattle, if so requested.
Withholding and recovery of premium
10
1
Where at any time during a scheme year an applicant fails to —
a
comply with the requirements of regulation 7(1);
b
comply with the requirements of article 7(4) of Council Regulation 1760/2000 or the Cattle Identification Regulations 1998; or
c
in the reasonable opinion of the appropriate authority, keep any specified record in a form which is accurate and up to date,
the appropriate authority may withhold or recover on demand the whole or any part of any premium payable or, as the case may be, paid to the producer in respect of that scheme year.
2
Where an applicant intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 8, or fails without reasonable excuse to comply with a request made by an authorised person when exercising such a power, the appropriate authority shall be entitled to recover on demand from that applicant the whole or any part of any premium paid to him.
3
Where a person (other than an applicant) intentionally obstructs an authorised person, or a person accompanying such authorised person and acting under his instructions, from exercising a power conferred by regulation 8, or fails without reasonable excuse to comply with a request made by an authorised person for the purpose of exercising such a power, the appropriate authority shall be entitled, where such person was at the time of such obstruction or failure an employee, servant or agent of an applicant, to recover on demand from that applicant the whole or any part of any premium paid to that applicant.
Rate of interest
11
Except where the appropriate authority recovers from any applicant any premium or part of any premium paid to that applicant as a result of an error of that authority, for the purpose of Article 14(1) of Commission Regulation 3887/92, interest shall be charged at the rate of one percentage point above the sterling three months London Interbank Offered Rate on a day to day basis for the period specified in that Article.
Offences
12
It shall be an offence for a person —
a
without reasonable excuse, to fail to comply with the provisions of regulation 7(1);
b
intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 8;
c
without reasonable excuse, to fail to comply with a request made under regulation 9; or
d
knowingly or recklessly —
i
to make a statement which is false or misleading in a material particular where the statement is made in a specified record; or
ii
to make a statement or furnish any information which is false or misleading in a material particular where the statement is made or the information is furnished for the purposes of obtaining for himself or any other person the whole or any part of any premium.
Punishment of offences
13
1
A person guilty of an offence under regulation 12(a), (b) or (c) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
2
A person guilty of an offence under regulation 12(d) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Time limit for prosecutions
14
1
Proceedings for an offence under regulation 12 may, subject to paragraph (2) below, in England and Wales be brought, and in Scotland be commenced, within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be brought by virtue of this regulation more than twelve months after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Offences by bodies corporate
15
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director”, in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate.
3
Where an offence under these Regulations is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
Revocations and saving
16
1
Subject to paragraph (2), the Regulations specified in the Schedule are hereby revoked in so far as they apply to the same extent as these Regulations apply pursuant to regulation 3.
2
Paragraph (1) shall not affect the continued operation of regulations 4 to 12 of the Suckler Cow Premium Regulations 1993 in respect of premium paid under those Regulations.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
4th April 2001
Signed on behalf of the National Assembly for Wales
John Marek
The Deputy Presiding Officer of the National Assembly
3rd April 2001


text:
Citation and commencement
1
This Order may be cited as the Halton General Hospital and the Warrington Hospital National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Halton General Hospital National Health Service Trust established by the Halton General Hospital National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Warrington Hospital National Health Service Trust esablished by the Warrington Hospital National Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
18th March 2001


text:
Citation and commencement
1
1
These Regulations may be cited at the Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2001.
2
This regulation and regulations 2, 8 and 10 shall come into force on 16 October 2001 and regulations 3, 4, 5, 6, 7, 9, 11 and 12 shall come into force on 1st May 2002.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended as follows.
Interpretation
3
1
Regulation 3 shall be amended as follows.
2
The following items shall be added in the appropriate alphabetical order to the Table following regulation 3(2) —
1 2 Expression Meaning
anti-lock braking system (“ ABS ”) a part of a service braking system which automatically controls the degree of slip, in the direction of rotation of the wheel or wheels, on one or more wheels of the vehicle during braking. ISO International Organisation for Standardisation. ISO 7638 connector an electrical connector that complies with standard ISO 7638: 1997–1 or ISO 7638: 1997–2 and is used to provide a dedicated power supply and a communication link between the tow vehicle and trailer.
3
The definition of “Framework Directive” in the Table following regulation 3(2), for the words “and Commission Directive 93/81 ” substitute “, Commission Directive 93/81/ EEC and Commission Directive 98/14/ EC ”.
Exemptions
4
1
In regulation 4 the following items shall be added to the Table after item 8 —
9 A public works vehicle which has a maximum design weight of 7500kg and is specifically designed for use and used solely for the purpose of street cleansing. Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which require the fitting of ABS to goods vehicles over 3500kg in weight. 10 A vehicle being used by a Police Authority which has been authorised by a Chief Constable to perform accident reconstruction duties. Regulation 15(1E) and (5B) in respect of the requirements in Community Directive 98/12/EC and ECE Regulation 13.09 which prohibit the use of an isolation switch for the operation of ABS.
Amendment of regulation 15 (braking systems of certain vehicles first used on or after 1st April 1983)
5
1
Regulation 15 shall be amended as follows.
2
After paragraph (1D) there shall be inserted the following paragraph —
1E
Save as provided in paragraphs (2), (3), (3A), (5A) and (5B) the braking system of every wheeled vehicle of a class specified in an item in column 2 of the Table which, in the case of a motor vehicle, is first used on or after 1st May 2002 or which, in the case of a trailer, is manufactured on or after 1st May 2002 shall comply with the construction, fitting and performance requirements of Annexes I, II and VII to Community Directive 98/12/EC and if relevant, Annexes III , IV , V, VI , VIII , X, XI , XII , XIII and XIV to that Directive in relation to the category of vehicles specified in that item in column 3.
Provided that it shall be lawful for any vehicle of such a class which, in the case of a motor vehicle, was first used before 1st May 2002 or which, in the case of a trailer, was manufactured before 1st April 2002 to comply with the said requirements instead of complying with paragraphs (1), (1A), (1C) or (1D) or with regulations 16 and 17.
3
In paragraph (2), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
4
In paragraph (3), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
5
In paragraph (3)(a), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
6
In paragraph (3)(a)(ii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.
7
In paragraph (3)(b)(i), for “88/194 and 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
8
In paragraph (3)(b)(iii), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 and 98/12”.
9
In paragraph (3)(d)(i), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
10
In paragraph (3A), for “(1C) and (1D)” there shall be substituted “(1C), (1D) and (1E)”.
11
In paragraph (3B), for “paragraph (1D)” there shall be substituted “paragraph (1D) or (1E)”.
12
In paragraph (3B)(a), after “Directive 91/422” there shall be inserted “or Community Directive 98/12”.
13
In paragraph (4), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
14
In paragraph (5), for “13.05 or 13.06” there shall be substituted “13.05, 13.06, 13.07, 13.08 or 13.09”.
15
In paragraph (5A)(b), after “ECE Regulation 13.06” there shall be inserted “13.07, 13.08 or 13.09”.
16
After paragraph (5A), there shall be inserted the following paragraph —
5B
Instead of complying with paragraph (1E) of this regulation, a vehicle to which this regulation applies may comply with ECE Regulation 13.09.
17
In paragraph (7), for “88/194 or 91/422” there shall be substituted “88/194, 91/422 or 98/12”.
18
After paragraph (7), there shall be inserted the following paragraphs —
8
For the purposes of the preceding provisions of this regulation the date on which a trailer was manufactured shall be taken to be the date on which its manufacture was completed except that, in the case of a trailer whose manufacture has been completed for more than 8 years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988 , it shall be taken to be the date on which the notifiable alteration was completed.
9
A trailer, whose manufacture has been completed for more than eight years and which has been the subject of a notifiable alteration under regulation 30 of the Goods Vehicles (Plating and Testing) Regulations 1988, shall comply with all requirements of Community Directives relating to braking systems which applied to the trailer at the date when the notifiable alteration was completed.
Amendment of regulation 16 (braking systems of vehicles to which regulation 15 does not apply)
6
1
Regulation 16 shall be amended as follows.
2
For paragraph (2) there shall be substituted the following paragraph —
2
Paragraph (4) of this regulation does not apply to a vehicle which complies with regulation 15 by virtue of the proviso to regulation 15(1), (1A), (1C), (1D) or (1E), or which complies with Community Directive 79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09.
3
In the table after paragraph (5A) the following entry shall be inserted after item 4 —
5
Vehicles with three wheels (excluding two-wheeled vehicles with a sidecar attached) and with —
an engine capacity exceeding 50cc, or
a maximum design speed exceeding 50km/h.
L5
Amendment of regulation 17 (vacuum or pressure brakes warning devices)
7
1
Regulation 17 shall be amended as follows.
2
For paragraph (2)(a) there shall be substituted the following paragraph —
a
a vehicle to which paragraph (1), (1A), (1C), (1D) or (1E) of regulation 15 applies, or which complies with the requirements of that regulation, of Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or of ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09;
.
Amendment of regulation 17A (couplings on trailer pneumatic braking systems)
8
1
Regulation 17A shall be amended as follows.
2
In paragraph (1), for the definition of “ BS coupling” there shall be substituted —
“BS coupling” means a coupling which —
is of the type, shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b: 2000; and
complies with the dimensions shown in figure 1, 4 or 5 of the British Standard specification BS AU 138a: 1980 or figure 1, 2 or 3 of the British Standard specification BS AU 138b:2000;
.
3
In paragraph (1), in the definition of “the British Standard specification” after “BS AU 138a: 1980” insert “or BS AU 138b: 2000”.
4
For paragraph (3)(a) there shall be substituted —
a
is of the type showin in figure 2 of the British Standard specification BS AU 138a:1980 or figure 4 of the British Standard specification BS AU 138b:2000;
.
5
For paragraph (4)(a) there shall be substituted —
a
is of the type shown in figure 3 of the British Standard specification BS AU 138a:1980 or figure 5 of the British Standard specification 138b:2000;
.
6
For paragraph (5)(a) there shall be substituted —
a
is of the type shown in figure 6 of the British Standard specification BS AU 138a:1980 or figure 6 of the British Standard specification BS AU 138b:2000;
.
7
For paragraph (7) there shall be substituted —
7
Paragraph (3) does not prevent a line being equipped with a relevant coupling which fulfils the requirements of —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State;
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to couplings, a level of safety and compatibility with BS couplings of the type shown in figure 1 of the British Standard specification BS AU 138a:1980 or figure 1 of the British Standard specification BS AU 138b:2000 equivalent to that provided by those specifications as modified in accordance with paragraph (6).
8
For paragraph (8) there shall be substituted —
8
Paragraph (7) shall have effect —
a
in relation to paragraph (4), as if for the words “paragraph (3)” there were substituted the words “paragraph (4)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 4” and “figure 2” respectively; and
b
in relation to paragraph (5), as if for the words “paragraph (3)” there were substituted the words “paragraph (5)” and for the words “figure 1” in the first and second places in which they occur there were substituted the words “figure 5” and “figure 3” respectively.
Amendment of regulation 18 (maintenance and efficiency of brakes)
9
1
Regulation 18 shall be amended as follows.
2
After paragraph (1B) the following paragraph shall be inserted —
1C
Where a goods vehicle of category N 2 or N 3 is being used to tow a trailer of category O 3 or O 4 and both vehicles are fitted with an ISO 7638 connector to provide a dedicated power supply to the ABS, then these connectors shall be used regardless of any alternative method available on the vehicles to provide such power.
3
Table I shall be amended as follows —
in item 1 for the words “Community Directives 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted —
Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09
.
4
Paragraph (8) shall be amended as follows —
for the words “Community Directives 79/489, 85/647, 88/194 or 91/422 or with ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted —
Community Directives 79/489, 85/647, 88/194, 91/422 or 98/12 or with ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09
.
Amendment of regulation 61A (emission of smoke, vapour, gases, oily substances etc. — further requirements for certain motor vehicles first used on or after 1st January 2001)
10
In paragraph (4), for the words “Subject to paragraphs (5) to (7) and Schedule 7XA, where” there shall be substituted “Where”.
Amendment of Schedule 2 (Community directives)
11
1
Schedule 2 shall be amended as follows.
2
In Table I, after item 77, there shall be inserted the following item —
1 2 3 4
“77A 98/12 27.1.98 L81,18.3.98, p.1 The braking devices of certain vehicles and their trailers 71/320 as amended by 74/132, 75/524, 79/489, 85/647, 88/184, 91/422 and 98/12”
2
In Table II, after item 4C, there shall be inserted the following items.
1 2 3 4
“4D 13.08 13 29.5.69 Brakes 26.3.95 — — 4E 13.09 13 29.5.69 Brakes 28.8.96 — — ”
Amendment of Schedule 3 (braking requirements)
12
1
Schedule 3 shall be amended as follows.
2
In item 4 in the Table, for the words “78/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”.
3
In item 6 in the Table, for the words “79/489, 85/647, 88/194 or 91/422 or ECE Regulation 13.03, 13.04, 13.05 or 13.06” there shall be substituted “79/489, 85/647, 88/194, 91/422 or 98/12 or ECE Regulation 13.03, 13.04, 13.05, 13.06, 13.07, 13.08 or 13.09”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
20th September 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 2001 and shall come into force on 9th April 2001.
2
In these Regulations “the principal Regulations ” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended as follows —
a
after regulation 16 (provisions in relation to entitlement to child benefit for the purposes of a widowed mother’s allowance), insert —
Provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance
16ZA
1
For the purpose only of determining whether a man or a woman who has been widowed (“the surviving spouse”) satisfies the requirements of subsection (2)(a) of section 39A of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act ”) —
a
a person shall be treated for the purposes of subsection (3) (b) or (c) of that section as having been entitled to child benefit in respect of a child where that person would have been so entitled had —
i
that child not been absent from Great Britain, and
ii
a claim for child benefit been made in respect of the child in the manner prescribed under section 13 of the Social Security Administration Act 1992 ; and
b
the surviving spouse shall be treated, for the purposes of subsection (2)(a) of section 39A, as entitled to child benefit in respect of the child who, by virtue of sub-paragraph (a) above, falls within subsection (3) of that section.
2
In determining whether a surviving spouse who has been more than once married and who was not residing with the deceased spouse immediately before his or her death is entitled to a widowed parent’s allowance under section 39A of the 1992 Act, the deceased spouse shall, for the purposes of subsection (3)(b) of that section, be treated as having been entitled to child benefit in respect of any child in respect of whom —
a
a previous spouse of that surviving spouse by a marriage which ended with that previous spouse’s death was, immediately before his or her death, entitled or treated as entitled to child benefit; and
b
that surviving spouse was entitled or treated as entitled to child benefit immediately before the death of the deceased spouse.
;
b
in regulation 16A (which disapplies to claims for widowed mother’s allowance certain requirements under section 1(1A) of the Social Security Administration Act 1992 regarding the claimant’s national insurance number), and in the heading, after “widowed mother’s allowance” insert “or widowed parent’s allowance”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 2001


text:
1
This Order may be cited as the Coventry Technical College (Dissolution) Order 2001 and shall come into force on 1st February 2002.
2
On 1st February 2002 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Tile Hill College of Further Education, Coventry being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st February 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st February 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Tile Hill College of Further Education, Coventry.
Margaret Hodge
Minister of State,
Department for Education and Skills
18th December 2001