text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Pensions (Amendment No. 2) Regulations 2000 and shall come into force on 2nd October 2000.
2
In these Regulations “the principal Regulations ” means the Teachers' Pensions Regulations 1997 .
Amendment of principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 7.
3
In regulation A3(1)(c) from the words “within the meaning of” to the end of the paragraph there shall be substituted the words —
within the meaning of regulation B3A(1), in connection with —
i
the performance of the functions which it performs on behalf of,
ii
the exercise of the functions of, or
iii
the provision of services for the purposes of or in connection with the exercise of a function of,
the local education authority.
.
4
In regulation B1(1)(c) for the words from “in the performance of” to the end of the paragraph there shall be substituted the words —
within the meaning of regulation B3A(1), in connection with —
i
the performance of the functions which it performs on behalf of,
ii
the exercise of functions of, or
iii
the provision of services for the purposes of or in connection with the exercise of functions of,
the local education authority.
.
5
In regulation E4(4) for the words from “regulation 10(2) or (10)” to the end of the paragraph there shall be substituted the words —
regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000 by reason of that person’s misconduct on the grounds mentioned in paragraph (b) (misconduct) or paragraph (c) (not a fit and proper person) of section 218 (6ZA) of the Education Reform Act 1988 to direct that he be not appointed to or employed in relevant employment as defined in regulation 4 of those Regulations.
.
6
In regulation E4(8)(b), for the words “regulation 10(2) or (10) of the Education (Teachers) Regulations 1993” there shall be substituted the words “regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000”.
7
In Schedule 1 for the definition of “Function provider” there shall be substituted the following definition —
“Function provider”
A body corporate (other than another local education authority) which —
provides any services referred to in a best value arrangement,
is nominated to exercise a function specified in a direction made under section 15 of the Local Government Act 1999 , or
is specified in a direction made under section 497A of the 1996 Act to perform a function,
and “best value arrangement” means a contract or other arrangement made with a local education authority for the provision of, or making available of, services for the purposes of or in connection with the exercise of a function of that local education authority.
.
Estelle Morris
Minister of State,
Department for Education and Employment
5th September 2000
We consent
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2000


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 2000 and shall come into force on 13th December 2000.
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of the principal Regulations.
3
In regulation 2(1)(b) after the definition of “authorised unit trust” there shall be inserted the following definition —
“depositary interest” means the rights of the person mentioned in paragraph (b), under a certificate or other record (whether or not in the form of a document) acknowledging —
that a person holds relevant investments or evidence of the right to them, and
that another person is entitled to rights in or in relation to those or identical relevant investments, including the right to receive such investments, or evidence of the right to them or the proceeds from such investments, from the person mentioned in paragraph (a).
In this definition “relevant investments” means investments which —
in the case of investment under a general plan, are exclusively qualifying investments for general plans falling within any of regulation 6(2)(a) to (ba), or
in the case of investment under a single company plan are exclusively shares which are either qualifying investments for single company plans, or shares transferred in accordance with regulation 4A(2) or shares purchased in accordance with regulation 5(6)(b),
and the reference to rights in paragraph (b) of this definition is a reference to rights which are exclusively rights in or in relation to relevant investments;
.
4
In regulation 4A after paragraph (3) there shall be inserted the following paragraph —
3A
The references to “shares” in paragraphs (2) and (3) shall include references to a depositary interest where the relevant investments in question (referred to in paragraphs (a) and (b) of the definition of “depositary interest”) are shares falling within both paragraphs (2) and (3), (and the reference to “shares” in regulation 6B(3) shall be construed accordingly).
5
In regulation 6(2) after sub-paragraph (ba) there shall be inserted the following sub-paragraph —
bb
a depositary interest;
.
6
In regulation 6B(2) —
a
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
ca
a depositary interest;
;
b
in sub-paragraph (d) for the words from “such” to the end there shall be substituted the words “qualifying investments for single company plans falling within any of sub-paragraphs (a) to (ca)”.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Food (Peanuts from Egypt) (Emergency Control) (England and Wales) Order 2000 and shall come into force on 23rd February 2000.
2
This Order applies to England and Wales.
Interpretation
2
In this Order–
“ the Act ” means the Food Safety Act 1990;
“the Commission Decision” means Commission Decision 2000/49/ EC repealing Decision 1999/356/EC and imposing special conditions on the imports of peanuts and certain products derived from peanuts originating in or consigned from Egypt;
“Egyptian peanuts” means–
peanuts falling within CN code 1202 10 90 in shell or 1202 20 00 shelled, whether or not broken, and
roasted peanuts falling within CN code 2008 11 92 in immediate packs of a net content exceeding 1 kg or 2008 11 96 (not exceeding 1 kg) originating in or consigned from Egypt which are intended for human consumption or to be used as an ingredient in foodstuffs;
“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“free circulation” has the same meaning as in Article 23.2 of the Treaty establishing the European Community;
“port health authority” includes a port local authority and a joint port local authority;
and in the definition of “Egyptian peanuts” terms used have the same meaning as in the Commission Decision.
Prohibition of import
3
1
No person shall import into England and Wales any Egyptian peanuts, except in accordance with the conditions in Article 1.1 to 3 of the Commission Decision.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales from another member State of the European Community of Egyptian peanuts which are in free circulation in that member State.
Enforcement
4
1
It shall be the duty of each port health authority to enforce and execute this Order within its district.
2
The enforcement and execution of this Order in relation to any place not situated in the district of a port health authority shall be the duty of any food authority for the area in which that place is situated.
3
Each port health or food authority, as appropriate, shall give such assistance and information to the Minister as he may request for the purpose of his duties under section 13 of the Act in connection with this Order.
Application of various provisions of the Act
5
1
The following provisions of the Act shall apply, subject to paragraph (2) below, for the purposes of this Order and any reference in those provisions to the Act shall be construed for the purposes of this Order as a reference to this Order–
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
2
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation of previous Order in relation to England and Wales
6
The Food (Peanuts from Egypt) (Emergency Control) Order 1999 , in so far as it applies to England and Wales, is hereby revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
21st February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Amendment) Regulations 2000 and shall come into force on 18th August 2000.
Amendment of the Motor Vehicles (Approval) Regulations 1996
2
The Motor Vehicles (Approval) Regulations 1996 are amended as follows.
3
In paragraph (1) of regulation 3, sub-paragraph (b) shall be omitted.
4
In paragraph (1) of regulation 5, the word “and” shall be inserted after sub-paragraph (a) and the words from “and” after sub-paragraph (b) to the end of sub-paragraph (c) shall be omitted.
5
In paragraph (2) of regulation 12, for sub-paragraph (a) shall be substituted —
a
the letter “R” if the certificate is being issued otherwise than on a basis specified in sub-paragraphs (aa) to (d) below
.
6
In Schedule 1, paragraph 1 shall be omitted.
Signed by authority of the Secretary of State.
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th July 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Special Health Authorities (Duty of Quality) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations extend to England only.
Extension of the duty of quality
2
The duty in section 18 of the Health Act 1999 (duty of quality) shall extend to the following Special Health Authorities–
a
the National Blood Authority ;
b
the Ashworth Hospital Authority ;
c
the Broadmoor Hospital Authority ;
d
the Rampton Hospital Authority .
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
9th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Mansfield (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Mansfield;
“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 District of Mansfield (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Mansfield
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen wards, which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas 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 (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Warsop
3
1
The existing wards of the parish of Warsop shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Birklands and Meden; 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 six.
Revocation
4
The District of Mansfield (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
15th December 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 3) Regulations 2000 and shall come into force on 13th November 2000.
2
In these Regulations —
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
3
These Regulations extend to England only.
Amendment of regulation 4 of the principal Regulations
2
Regulation 4 of the principal Regulations is amended by substituting, for the words “Regulation 3(1) applies to any person who, at the time when the relevant charge is made or when the relevant travelling expenses are incurred is”, the following words:
4
1
Regulation 3(1) applies —
a
in the case of the charges for dental appliances and dental treatment mentioned in regulation 3(2)(b) —
i
to any person who, either, at the time the arrangements for the treatment are made or at the time the relevant charges are made, is a person described in paragraph (2), and
ii
as respects the course of treatment to which the relevant charges relate;
b
in any other case to any person mentioned in paragraph (2) who, at the time when the relevant charges are made or when the relevant travelling expenses are incurred, is a person described in paragraph (2).
2
The persons described in this paragraph are —
.
Amendment of regulation 6 of the principal Regulations
3
Regulation 6 of the principal Regulations is amended by substituting, in paragraph (2)(b), for the words “at the date when he paid the relevant charge or travelling expenses” the words “at the date when the relevant charges or travelling expenses are paid in full”.
Amendment of Schedule 1 to the principal Regulations
4
Schedule 1 to the principal Regulations is amended as follows —
a
In Part I, Table A (modifications of provisions of the Income Support Regulations for the purpose of calculating claimants' resources under the principal Regulations), after the entry modifying regulations 54 to 60 there is inserted —
Regulation 61 As if, in the case of a student supported by the Student Awards Agency for Scotland, in the definition of “year”, for “1 st September” there were substituted “1 st August”.
.
b
In Part I, Table A, for the entry modifying regulations 62(3A), 63(2) and 64(1)(c) there is substituted —
Regulation 62
As if in paragraph (3) from the beginning to the words “shall be apportioned” there were substituted “Subject to paragraph (3A), a student’s grant income shall be apportioned”.
As if in paragraph (3A) the words “under the provisions referred to in paragraph (3)” and the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.
As if paragraph (3B) were omitted.
Regulation 63 As if in paragraph (2) the words “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted. Regulation 64 As if in paragraph (1)(c) the words, “or, if there are 53 benefit weeks (including part-time weeks) in the year, 53” were omitted.
.
c
In Part I, Table A, in the entry modifying regulation 66A of the Income Support Regulations, for the sub-paragraph beginning with the words “As if in paragraph (2)” there is substituted —
As if for paragraph (2) there were substituted —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
except where sub-paragraph (b) applies, the loan shall be apportioned equally between the 52 weeks in the academic year;
b
in the case of a loan which is payable in respect of the final academic year of the course or if the course is only of one academic year’s duration, in respect of that year the loan shall be apportioned equally between the weeks in the period beginning with the start of the final academic year, or as the case may be, the single academic year and ending with the last day of the course,
and, in the case of a person to whom paragraph (2A), (2B) or (2C) applies, from the weekly amount so apportioned there shall be disregarded £10.
.
d
in Part II, Table B (modifications of provisions of the Income Support Regulations for the purpose of calculating claimants' requirements under the principal Regulations) in the entry modifying Schedule 2 and beginning with the words “As if in paragraph 2” there is substituted for sub-paragraph (b) —
b
for column (1) there were substituted —
Persons aged —
a
less than 16 years;
b
not less than 16 years but less than 19 years
.
e
In Part II, Table B after the entry modifying paragraph 2A of Schedule 2 of the Income Support Regulations, there is inserted —
As if in paragraph 3 —
a
in sub-paragraph (1)(a) the words “to whom the conditions in both sub-paragraphs (2) and (3) apply” were omitted;
b
sub-paragraphs (2) to (7) were omitted.
.
Signed by authority of the Secretary of State for Health
Hunt,
Parliamentary Under-Secretary of State,
Department of Health
20th October 2000


text:
1
1
This Order may be cited as the Education (Listed Bodies) (England) Order 2000 and shall come into force on 22nd December 2000.
2
This Order extends to England only .
2
The bodies which are specified in the Schedule to this Order comprise all those bodies which appear to the Secretary of State to fall within section 216(3) of the Education Reform Act 1988.
3
The Education (Listed Bodies) Order 1999 is hereby revoked.
Tessa Blackstone
Minister of State,
Department for Education and Employment
11th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County of Northamptonshire (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 3rd May 2001, on 10th October 2000;
b
for all other purposes, on 3rd May 2001.
3
In this Order —
“county” means the county of Northamptonshire;
“existing”, in relation to a division or ward, means the division or ward as it exists on the date this Order is made; references to wards, unless the context otherwise requires, are references to district and borough wards in the county ; 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 County of Northamptonshire (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Divisions of the county of Northamptonshire
2
1
The existing divisions of the county shall be abolished.
2
The county shall be divided into seventy-three divisions which shall bear the names set out in column (1) of the Schedule.
3
The divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, or wards and parishes or, where no area is so described, the area designated on the map by reference to the name of the division and demarcated by red lines; and the number of councillors to be elected for each division shall be one.
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.
Revocation
3
The County of Northamptonshire (Electoral Arrangements) Order 1981 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
11th September 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Wiltshire College (Government) Regulations 2000, and shall come into force on 1st September 2000.
Application
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Wiltshire College” shall be set out in Schedules 1 and 2 to these Regulations respectively.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
8th August 2000


text:
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 2) Order 2000 and shall come into force at 5 p.m. on 13th September 2000.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State designates the further filling stations and fuel depots mentioned in the list entitled “Department of Trade and Industry: Third List of Designated Filling Stations and Fuel Depots” published by him on 13th September 2000.
Helen Liddell
Minister for Energy and Competitiveness in Europe
13th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2000 and shall come into force on 1st March 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2 —
a
after the definition of “costs” there shall be inserted the following definition —
“the enactments relating to stamp duty” means section 13(4) of the Stamp Act 1891 and Part II of Schedule 17 to the Finance Act 1999;
b
in the definition of “proceedings” after paragraph (h) there shall be added the following paragraph —
i
any appeal to the Special Commissioners under the enactments relating to stamp duty;
.
4
In regulation 24 —
a
in paragraph (3) for “paragraph (4)” there shall be substituted the words “paragraphs (4) and (5)”;
b
after paragraph (4) there shall be added the following paragraph —
5
Any penalty determined by the Tribunal under paragraph (1) or (2) above in proceedings relating to an appeal under the enactments relating to stamp duty shall for all purposes be treated as if it were a penalty, other than a penalty under section 15B of the Stamp Act 1891 (penalty on late stamping) , determined by an officer of the Board, and due and payable, under those enactments.
Signed on behalf of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
23rd January 2000
The Scottish Ministers consent to the making of these Regulations
Jim Wallace
Minister for Justice A member of the Scottish Executive
8th February 2000


text:
Citation, commencement, expiry and interpretation
1
1
These Regulations may be cited as the Social Security (Payments to Reduce Under-occupation) Regulations 2000.
2
These Regulations shall come into force on 3rd April 2000 and shall cease to have effect on 31st March 2003.
3
In these Regulations, unless the context otherwise requires —
“designated office” has the same meaning as in the Housing Benefit Regulations ;
“Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“ineligible service charges” means those amounts referred to in regulation 10(3)(a), (b) and (c) of, and determined in accordance with Schedule 1 to, the Housing Benefit Regulations;
“payment” means a payment to reduce under-occupation in accordance with these Regulations;
“rent” means all those payments in respect of a dwelling specified in regulation 10(1) of the Housing Benefit Regulations subject to any apportionment in accordance with paragraphs (4) and (5) of that regulation and, in relation to any year in which there is or will be a rent-free period (as referred to in regulation 70 of the Housing Benefit Regulations), the rent shall be averaged over 52 weeks.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation or Schedule is to the regulation in, or the Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Entitlement to payment to reduce under-occupation by housing benefit claimants
2
A housing benefit claimant who —
a
is entitled to housing benefit;
b
occupies a dwelling in an area of a local authority named in Schedule 1; and
c
meets the under-occupation criteria specified in regulation 4,
shall be entitled to a payment.
Application for a payment to reduce under-occupation by housing benefit claimants
3
1
A housing benefit claimant may apply in writing for a payment to the local authority in whose area the dwelling which he occupies is situated and he shall provide that authority with such information as is necessary to enable the authority to consider the application and calculate the amount of the payment (if any).
2
Where a housing benefit claimant is for the time being unable to act, any person able to act on his behalf in relation to housing benefit may act on his behalf in relation to a payment .
3
Anything required by these Regulations to be done by or to any housing benefit claimant who is for the time being unable to act may be done by or to the person able to act on his behalf in relation to housing benefit and the receipt of any such person shall be a good discharge to the authority for any payment made.
4
A local authority to whom an application for a payment is made shall —
a
consider whether the claimant satisfies the conditions of entitlement to a payment; and
b
reply to the claimant (making a payment offer if appropriate),
within 14 days of receiving all necessary information or as soon as reasonably practicable thereafter.
Under-occupation criteria
4
The under-occupation criteria are that —
a
the housing benefit claimant occupies a dwelling in the public or social rented sector at the time he applies for a payment;
b
that dwelling exceeds the accommodation needs of its occupiers determined in accordance with the size criteria which are set out in Schedule 2;
c
the housing benefit claimant has expressed an interest in moving to a qualifying dwelling (whether or not in the same local authority area as the dwelling he currently occupies);
d
the rent in respect of the qualifying dwelling after deducting ineligible service charges in respect of that dwelling is less than the rent in respect of the dwelling occupied after deducting ineligible service charges in respect of that dwelling; and
e
once the person has moved to the qualifying dwelling, the owner of the property vacated will have vacant possession of the dwelling.
Calculation of a payment to reduce under-occupation by housing benefit claimants
5
1
A payment shall be calculated according to the formula —
1 2 × ( A - B ) × 156
where —
A is the housing benefit claimant’s rent in respect of the dwelling he occupies at the time he applies for a payment less the ineligible service charges in respect of that dwelling; and
B is the housing benefit claimant’s rent in respect of the qualifying dwelling to which he has expressed an interest in moving less the ineligible service charges in respect of that dwelling.
2
The calculation described in paragraph (1) does not require that an application be made to a rent officer for a determination and accordingly the exception described in regulation 10(3)(b) of the Housing Benefit Regulations will not apply in calculating the ineligible service charges.
Reductions in payment
6
1
A local authority may reduce the amount of a payment by an amount equal to the sum of —
a
any arrears of rent payable by the person whether in respect of his current dwelling or any formerly occupied by him; and
b
any amount paid to that person by way of housing benefit which is a recoverable overpayment within the meaning of the Housing Benefit Regulations.
2
If the local authority reduces a payment it shall pay to the person or persons to whom the rent arrears are, or overpayment is, due an amount equal to the deduction that was made in respect of those arrears or that overpayment.
Reply to application and offer of payment
7
1
A local authority which receives an application for a payment from a housing benefit claimant shall reply advising him —
a
whether or not he is entitled to the payment and the reasons for that decision; and
b
of his right under regulation 9 to make written representations to the authority about the reply and the last day on which representations can be made.
2
Where a person is entitled to a payment, the authority shall also make a payment offer which shall —
a
state the amount of the payment and how it has been calculated (including any deductions which have been made);
b
state that the amount will be payable if the person accepts the offer and moves to the qualifying dwelling within six months of that accepance;
c
inform the person that —
i
he is under no obligation to accept the payment and move from his current dwelling;
ii
it would be in his interests to seek independent advice about how accepting the payment and moving to the qualifying dwelling would affect him (including the effect, if any, on the person’s right to buy and security of tenure);
iii
if he wishes to accept the offer he must do so within 21 days of its receipt; and
iv
if he does not accept the offer he may make written representations to the local authority about it within 21 days of its receipt.
Time and manner of replies and offers to applicants or representations
8
1
Any application or other document that is to be given or sent to a local authority shall be deemed to have been given or sent on the day it is received at any one of its designated offices.
2
Any reply or offer or other document that is to be given or sent by a local authority to any person shall be deemed to have been given or sent if sent by post to that person’s last known or notified address, on the date it was posted.
3
The times specified by regulation 9 for making representations may be extended for special reasons by the local authority, even though the time specified may have already expired.
4
Any application for an extension of time shall be in writing, shall be sent or delivered to any one of the designated offices and shall be determined by the local authority.
5
There shall be no review or appeal of a decision of the authority under paragraphs (3) or (4).
Review of decision and payment offer
9
1
A person to whom the local authority has replied in respect of an application (and offered a payment as the case may be) may make written representations to that authority about that decision and, if appropriate, any offer made within 21 days of the reply being given.
2
Any written representations must be signed and dated by the person who is making them.
3
The authority shall review its decision (including the offer as the case may be) in the light of those representations within 14 days of receiving the representations or as soon as reasonably practicable thereafter.
4
The authority shall notify the person who made the representations of the outcome of its review.
5
The notification shall include a statement —
a
as to whether or not the authority’s decision in respect of the application (including the offer as the case may be) has been revised;
b
of the reasons for any revision made; and
c
of the matters referred to in regulation 7(2) except that instead of informing the person of his right to make representations the notice shall inform him of his right to appeal and shall specify the last date on which an appeal can be brought.
Appeals
10
1
Subject to paragraph (2), a person may appeal to a County Court or a Sheriff Court against —
a
a local authority’s decision on a payment where the decision has been confirmed on review, or
b
a decision on a payment given by a local authority on review.
2
An appeal may only be made to a Sheriff Court if the appellant is resident in the area over which that Court has jurisdiction and has been so resident since the date the local authority gave notice of the outcome of its review.
3
An appeal must be made within 21 days of the date the local authority gives notice of the outcome of its review and shall be made by —
a
filing an appellant’s notice, in the case of an appeal to a County Court, or
b
summary application, in the case of an appeal to a Sheriff Court.
Payments by local authorities
11
Where a person has —
a
accepted a payment offer; and
b
moved to the qualifying dwelling in respect of which the payment was calculated not later than six months after accepting that offer,
the local authority that made the offer shall pay to that person an amount equal to that stated in the payment offer.
Effect of payment to reduce under-occupation on benefits
12
1
In the Schedules to the Regulations mentioned in paragraph (2) below the following paragraph shall be added (in each case at the end of the Schedule and taking the next consecutive number) —
Any payment made to a person under regulation 11 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000, but only for a period of 52 weeks from the date of payment.
2
The Schedules to the Regulations are —
a
Schedule 5 to the Housing Benefit Regulations;
b
Schedule 5 to the Council Tax Benefit (General) Regulations 1992 ;
c
Schedule 10 to the Income Support (General) Regulations 1992 ; and
d
Schedule 8 to the Jobseeker’s Allowance Regulations 1996 .
Overpayments
13
1
Where a payment has been made to a person and the local authority that made the payment subsequently determines that the value at the time the payment offer was made of A or B (as defined in regulation 5) differs from the value of A or B that was used to calculate the payment, the payment made is in excess of entitlement to the extent that it exceeds the amount that would have been offered if the values of A or B as subsequently determined had been used to calculate the payment.
2
A payment in excess of entitlement shall not be recoverable if it was caused by official error where the person who made the application (whether the housing benefit claimant or a person acting on his behalf) could not, at the time of receipt of the payment offer or the payment reasonably have been expected to realise that the payment was in excess of entitlement.
3
In paragraph (2) “official error” means a mistake made, whether in the form of an act or omission, by the local authority to whom the application was made, any other local authority from which that authority has obtained information needed to consider the application, an officer or person acting for either authority, an officer of the Department of Social Security or the Department of Employment acting as such or a person providing services to either Department, where the person who made the application (whether the housing benefit claimant or a person acting on his behalf) did not cause or materially contribute to that mistake, act or omission.
Reimbursement of local authorities by the Secretary of State
14
1
Where a local authority has submitted a final audited claim in accordance with Schedule 3 and complied with that Schedule as required and the authority’s auditor has certified on the claim form that he is satisfied that —
a
the final claim is properly calculated; and
b
the payments for which reimbursement is claimed have been properly paid,
the Secretary of State shall reimburse the local authority in respect of payments to which that final audited claim relates.
2
Where a local authority has submitted an interim claim in accordance with Schedule 3 and complied with that Schedule as required the Secretary of State may pay to the local authority such sum as he considers appropriate in the circumstances, but —
a
the sum paid following the submission of the interim claim made under paragraph 1(1)(a) of Schedule 3 shall not exceed the sum claimed; and
b
the sum paid following the submission of the interim claim made under paragraph 1(1)(b) of Schedule 3 shall not exceed the difference between the sum claimed in respect of the year and the sum, if any, paid following the submission of the interim claim made under paragraph 1(1)(a) of Schedule 3.
3
Where the Secretary of State has paid sums to an authority following receipt of an interim claim the reimbursement under paragraph (1) shall not exceed that balance payable after deducting the sums already paid.
4
Where it appears to the Secretary of State that the sums or reimbursement paid to a local authority under this article exceeds the amount needed to reimburse that authority the Secretary of State may recover that excess.
5
Without prejudice to any other method of recovery that excess may be recovered by withholding further reimbursement from that authority.
Time limits on replies and payment offers
15
Nothing in these Regulations shall authorise a local authority to reply or make a payment offer in respect of an application for a payment made on or after 31st March 2003.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities and Administration Arrangements) Amendment Regulations 2000 and shall come into force on 1st April 2000.
2
In these Regulations “the principal Regulations ” means the National Health Service (Functions of Health Authorities and Administration Arrangements) Regulations 1996 .
Amendment of principal Regulations
2
1
The principal Regulations are amended in accordance with the following provisions of this regulation.
2
In regulation 4 (restrictions on the exercise of functions by Health Authorities) after paragraph (3) there is inserted the following paragraph–
3A
In exercising the functions of the Secretary of State under section 4 of the Act a Health Authority may enter into an NHS contract for the provision of high security psychiatric services with the following providers only–
a
Ashworth Hospital Authority , Broadmoor Hospital Authority or Rampton Hospital Authority or
b
an NHS trust approved by the Secretary of State under paragraph 10(2) and (3) of Schedule 2 to the 1990 Act
and may not arrange with any other person or body (including voluntary organisations) for that person or body to provide such services.
.
3
In Schedule 1 (enactments conferring functions exercisable by Health Authorities), in column (1) (enactment), under the heading “The Act”, after the words “ section 3(1)(f)” there shall be inserted the words “section 4” and correspondingly in column (2) (subject matter) there shall be inserted the words “Providing high security psychiatric services”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
7th February 2000


text:
1
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 5) Order 2000 and shall come into force at 7 p.m. on 15th September 2000.
2
The Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 3) Order and the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 4) Order are hereby revoked.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State designates the filling stations and depots mentioned in the list entitled “Department of Trade and Industry: Sixth List of Designated Filling Stations and Fuel Depots” published by him on 15th September 2000.
Stephen Byers
Secretary of State for Trade and Industry
15th September 2000


text:
Citation and commencement
1
This Order may be cited as the Herefordshire Community Health National Health Service Trust (Dissolution) Order 2000 and shall come into force on 1st October 2000.
Dissolution of NHS trust
2
The Herefordshire Community Health National Health Service Trust established by the Herefordshire Community Health National Health Service Trust (Establishment) Order is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
4th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Conditional Access (Unauthorised Decoders) Regulations 2000 and shall come into force on 28th May 2000.
Amendments of the Copyright, Designs and Patents Act 1988
2
1
The Copyright, Designs and Patents Act 1988 shall be amended in accordance with the following paragraphs.
2
For section 297A there shall be substituted the following section —
Unauthorised decoders.
297A
1
A person commits an offence if he —
a
makes, imports, distributes, sells or lets for hire or offers or exposes for sale or hire any unauthorised decoder;
b
has in his possession for commercial purposes any unauthorised decoder;
c
instals, maintains or replaces for commercial purposes any unauthorised decoder; or
d
advertises any unauthorised decoder for sale or hire or otherwise promotes any unauthorised decoder by means of commercial communications.
2
A person guilty of an offence under subsection (1) is liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.
3
It is a defence to any prosecution for an offence under this section for the defendant to prove that he did not know, and had no reasonable ground for believing, that the decoder was an unauthorised decoder.
4
In this section —
“apparatus” includes any device, component or electronic data (including software);
“conditional access technology” means any technical measure or arrangement whereby access to encrypted transmissions in an intelligbile form is made conditional on prior individual authorisation;
“decoder” means any apparatus which is designed or adapted to enable (whether on its own or with any other apparatus) an encrypted transmission to be decoded;
“encrypted” includes subjected to scrambling or the operation of cryptographic envelopes, electronic locks, passwords or any other analogous application;
“transmission” means —
any programme included in a broadcasting or cable programme service which is provided from a place in the United Kingdom or any other member State; or
an information society service (within the meaning of Directive 98/34/ EC of the European Parliament and of the Council of 22nd June 1998 , as amended by Directive 98/48/EC of the European Parliament and of the Council of 20th July 1998 ) which is provided from a place in the United Kingdom or any other member State; and
“unauthorised”, in relation to a decoder, means that the decoder is designed or adapted to enable an encrypted transmission, or any service of which it forms part, to be accessed in an intelligible form without payment of the fee (however imposed) which the person making the transmission, or on whose behalf it is made, charges for accessing the transmission or service (whether by the circumvention of any conditional access technology related to the transmission or service or by any other means).
3
For section 298 there shall be substituted the following section —
Rights and remedies in respect of apparatus, &c. for unauthorised reception of transmissions.
298
1
A person who —
a
makes charges for the reception of programmes included in a broadcasting or cable programme service provided from a place in the United Kingdom or any other member State,
b
sends encrypted tranmissions of any other description from a place in the United Kingdom or any other member State, or
c
provides conditional access services from a place in the United Kingdom or any other member State,
is entitled to the following rights and remedies.
2
He has the same rights and remedies against a person —
a
who —
i
makes, imports, distributes, sells or lets for hire, offers or exposes for sale or hire, or advertises for sale or hire,
ii
has in his possession for commercial purposes, or
iii
instals, maintains or replaces for commercial purposes,
any apparatus designed or adapted to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so, or
b
who publishes or otherwise promotes by means of commercial communications any information which is calculated to enable or assist persons to access the programmes or other transmissions or circumvent conditional access technology related to the programmes or other transmissions when they are not entitled to do so,
as a copyright owner has in respect of an infringement of copyright.
3
Further, he has the same rights under section 99 or 100 (delivery up or seizure of certain articles) in relation to any such apparatus as a copyright owner has in relation to an infringing copy.
4
Section 72 of the Supreme Court Act 1981, section 15 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 and section 94A of the Judicature (Northern Ireland) Act 1978 (withdrawal of privilege against self-incrimination in certain proceedings relating to intellectual property) apply to proceedings under this section as to proceedings under Part I of this Act (copyright).
5
In section 97(1) (innocent infringement of copyright) as it applies to proceedings for infringement of the rights conferred by this section, the reference to the defendant not knowing or having reason to believe that copyright subsisted in the work shall be construed as a reference to his not knowing or having reason to believe that his acts infringed the rights conferred by this section.
6
Section 114 applies, with the necessary modifications, in relation to the disposal of anything delivered up or seized by virtue of subsection (3) above.
7
In this section “apparatus”, “conditional access technology” and “encrypted” have the same meanings as in section 297A, “transmission” includes transmissions as defined in that section and “conditional access services” means services comprising the provision of conditional access technology.
Amendments of the Telecommunications Act 1984
3
1
Section 42A of the Telecommunications Act 1984 shall be amended in accordance with the following paragraphs.
2
In subsection (1), after the words “Subsection (2) below applies if a person has in his custody or under his control anything” there shall be inserted the words “(other than an unauthorised decoder as defined in section 297A(4) of the Copyright, Designs and Patents Act 1988)”.
3
In subsection (3), after the words “Subsection (4) below applies if a person supplies or offers to supply anything” there shall be inserted the words “(other than an unauthorised decoder as defined in section 297A(4) of the Copyright, Designs and Patents Act 1988)”.
Repeals
4
Section 179(1) of the Broadcasting Act 1990 and sections 140 and 141 of the Broadcasting Act 1996 are repealed.
Patricia Hewitt,
Minister for Small Business and E-Commerce,
Department of Trade and Industry
27th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Ealing (Electoral Changes) Order 2000.
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 —
“borough” means the London borough of Ealing;
“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 London Borough of Ealing (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Ealing
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-three wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas 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 three.
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.
Revocation
3
The London Borough of Ealing (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th February 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2000.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
3
These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation), after sub-paragraph (c) in the definition of “family” there shall be added the following sub-paragraph–
d
where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999 , it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom he has included in that claim.
.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3(3) of the principal Regulations (entitlement to full remission and payment) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a), after the words “in attending a hospital” there shall be inserted the words “or any other place”.
3
After sub-paragraph (b), there shall be added the following sub-paragraph–
c
in attending an establishment managed by a Primary Care Trust for the purpose of availing himself of services provided under the care of a consultant in pursuance of the Act.
.
Amendment of regulation 4 of the principal Regulations
4
At the end of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) there shall be added the following paragraphs–
, or
n
an asylum-seeker for whom support is provided under Part VI of the Immigration and Asylum Act 1999; or
o
a member of the same family as a person described in paragraph (n) of this regulation
.
Amendment of regulation 5A of the principal Regulations
5
For paragraph (a) of regulation 5A of the principal Regulations (payment of travelling expenses) there shall be substituted the following paragraph–
a
in a case where the travelling expenses are incurred or to be incurred by a person in attending a hospital or any other place which is managed by an NHS trust or a Primary Care Trust, by that NHS trust or that Primary Care Trust;
.
Amendment of regulation 5B of the principal Regulations
6
1
Regulation 5B of the principal Regulations (payment to persons resident in the Isles of Scilly) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1), the words “and Wales” shall be omitted.
3
In paragraph (2)(a), for the words “that difference” there shall be substituted the words “any travelling expenses incurred in excess of that difference”.
4
In paragraph (2)(b), for “£5” in the second place where it occurs there shall be substituted “any travelling expenses incurred in excess of £5”.
Amendment of regulation 7 of the principal Regulations
7
1
Regulation 7(1) of the principal Regulations (claims for remission or payment) shall be amended in accordance with the following provisions of this regulation.
2
In sub-paragraph (a)(ii), for “(e), (f) or (m)” there shall be substituted “ (e), (f), (m), (n) or (o)”.
3
For sub-paragraph (b) there shall be substituted the following sub-paragraph–
b
provide any declaration of entitlement required under regulation 3(3) or 4(3) or any declaration or evidence of entitlement required under regulation 5(3) or 6(3) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
.
Amendment of regulation 8 of the principal Regulations
8
1
Regulation 8 of the principal Regulations (payment) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4)–
a
after the words “an NHS trust”, in both places where they occur there shall be inserted the words “or a Primary Care Trust”;
b
after the words “the NHS trust”, there shall be inserted the words “ or the Primary Care Trust”;
c
in sub-paragraph (a)(i)–
i
after “5(1)” there shall be inserted “or in regulation 6(1)”; and
ii
for “1989” there shall be substituted “2000”; and
d
in sub-paragraph (a)(ii), after “hospital” there shall be inserted the words “or any other place”.
3
In paragraph (5) after the words “the NHS trust”, there shall be inserted the words “or the Primary Care Trust”.
Amendment of regulation 8A of the principal Regulations
9
1
Regulation 8A of the principal Regulations (reimbursement of payments made in respect of relevant travelling expenses) shall be amended in accordance with the following provisions of this regulation.
2
After the words “Where a Health Authority”, there shall be inserted the words “, a Primary Care Trust”.
3
For the words “in whose district that person resides” there shall be substituted the words “or the Primary Care Trust, as the case may be, for which those services are provided”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
9th March 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sulphur Content of Liquid Fuels (England and Wales) Regulations 2000 and shall come into force on 27th June 2000.
2
These Regulations extend to England and Wales only.
Interpretation and application
2
1
In these Regulations —
a
“combustion plant” means any technical apparatus in which fuels are oxidized in order to use the heat generated;
b
“gas oil” means —
i
any petroleum derived liquid fuel falling within CN code 2710 00 67 or 2710 00 68; or
ii
any petroleum derived liquid fuel which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 per cent by volume (including losses) distills at 350°C by the ASTM D86 method,
but shall not include diesel fuels, as defined in Article 2(2) of Council Directive 98/70/ EC relating to the quality of petrol and diesel fuels and fuels used in non-road mobile machinery and agricultural tractors;
c
“heavy fuel oil” means —
i
any petroleum derived liquid fuel falling within CN code 2710 00 71 to 2710 00 78; or
ii
any petroleum derived liquid fuel, other than gas oil or marine gas oil, which, by reason of its distillation limits, falls within the category of heavy oils intended for use as fuel and of which less than 65 per cent by volume (including losses) distills at 250°C by the ASTM D86 method or of which the distillation cannot be determined by that method;
d
“marine gas oil” means fuel intended for marine use which is gas oil or which has a viscosity or density falling within the ranges of viscosity or density defined for marine distillates in Table I of ISO 8217 (1996) ;
e
“sulphur content of liquid fuels permit” has the meaning given in regulation 3(6)(b)(iii).
2
In paragraph (1) —
a
“ASTM method” means the methods laid down by the American Society for Testing and Materials in the 1976 edition of standard definitions and specifications for petroleum and lubricating products ;
b
the reference to a numbered CN code is a reference to the code set out in the Integrated Customs Tariff of the United Kingdom (2000 edition) as the CN code with that number .
3
These Regulations do not apply to —
a
the use of fuel, other than of marine gas oil, by seagoing ships;
b
the use of marine gas oil by ships crossing a frontier between a third country and a Member State;
c
the use of fuel intended for processing prior to final combustion; and
d
the use of fuel to be processed in the refining industry.
4
Words used in these Regulations which are also used in Council Directive 1999/32/EC relating to a reduction in the sulphur content of certain liquid fuels have the same meaning as in that Directive.
Maximum sulphur content of heavy fuel oil
3
1
Subject to the following provisions of this regulation, any person who, on or after 1st January 2003, uses heavy fuel oil with a sulphur content exceeding 1 per cent by mass shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
Paragraph (1) shall not apply to the use of heavy fuel oil in a new large combustion plant which is operated in accordance with a condition in a permit which contains emission limit values for sulphur dioxide which are at least as stringent as those set out for such plant in Annex IV to Council Directive 88/609/ EEC .
3
Paragraph (1) shall not apply to the use of heavy fuel oil in a combustion plant which is not a new large combustion plant and which is operated in accordance with a condition in a permit which prohibits the emissions of sulphur dioxide from the plant exceeding 1,700 mg/Nm 3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis.
4
Paragraph (1) shall not apply to the use of heavy fuel oil in a combustion plant which —
a
is not a new large combustion plant;
b
is used for combustion in a refinery with other combustion plant; and
c
is operated in accordance with a condition in a permit which provides that the plant may only be operated if (irrespective of the type of fuel or fuel combination used) the monthly average of emissions of sulphur dioxide averaged over all of the plant in the refinery (excluding new large combustion plant) does not exceed 1,700 mg/Nm 3 at an oxygen content in the flue gas of 3 per cent by volume on a dry basis.
5
An authority which grants a permit referred to in paragraphs (2) to (4) shall ensure that the appropriate monitoring of emissions of sulphur dioxide is carried out for the purpose of checking compliance with the conditions referred to in those paragraphs.
6
In this regulation —
a
“new large combustion plant” means new plant, within the meaning of Article 2(9) of Directive 88/609/EEC , which falls within the scope of that Directive;
b
“permit” means, in relation to a combustion plant —
i
an authorisation under Part I of the Environmental Protection Act 1990 (pollution control) , if the operation of the plant requires such an authorisation;
ii
a permit under regulations made under section 2 of the Pollution Prevention and Control Act 1999 (regulation of polluting activities) , if the operation of the plant requires such a permit; or
iii
in any other case, a permit granted for the purpose of these Regulations (a “sulphur content of liquid fuels permit”).
7
Schedule 1 shall have effect in relation to applications for, the grant of, and other matters relating to, sulphur content of liquid fuels permits.
Maximum sulphur content in gas oil
4
1
Any person who, on or after 1st July 2000 and before 1st January 2008, uses gas oil or marine gas oil with a sulphur content exceeding 0.2 per cent by mass shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
2
Any person who, on or after 1st January 2008, uses gas oil or marine gas oil with a sulphur content exceeding 0.1 per cent by mass shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Sampling and analysis
5
1
The Secretary of State shall take all necessary measures to ensure that sampling is carried out of heavy fuel oil and gas oil used in England and Wales to check that the use of the fuel complies with regulations 3(1) and 4(1) and (2).
2
Sampling under paragraph (1) shall begin —
a
for the purpose of checking for compliance with regulation 3(1), by 1st July 2003;
b
for the purpose of checking for compliance with regulation 4(1), by 1st January 2001;
c
for the purpose of checking for compliance with regulation 4(2), by 1st July 2008.
3
Sampling under paragraph (1) shall be carried out with sufficient frequency and in such a way that the samples are representative of the fuel examined.
4
Schedule 2 shall apply for the purpose of determining the sulphur content of fuel sampled under paragraph (1).
Revocation
6
The Marketing of Gas Oil (Sulphur Content) Regulations 1994 are hereby revoked in so far as they extend to England and Wales.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th June 2000