text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Invalid Care Allowance) Amendment Regulations 2001 and shall come into force on 6th April 2001.
Amendment of Regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976
2
In paragraph (1) of regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 (circumstances in which a person is or is not to be treated as gainfully employed), for the sum “£50”, in each place where it occurs, there shall be substituted the words “an amount equal to the lower earnings limit in force by virtue of regulations under section 5 of the Contributions and Benefits Act on the last day of that week”.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
23rd February 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Terrorism (United Nations Measures) (Channel Islands) Order 2001 and shall come into force on 10th October 2001.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.
3
Particulars of the decisions referred to in paragraph (2) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
4
This Order shall extend to the Channel Islands so as to be law, respectively in Guernsey and Jersey.
5
Articles 4, 5, 6, 7, 8, 10 and 11 shall apply to any person within Guernsey or Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or Jersey; or
b
is a body incorporated or constituted under the law of any part of Guernsey or, as the case may be, Jersey.
Interpretation: general
2
1
In this Order, unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“licensing authority” means —
in the application of this Order to Guernsey, the Attorney General; and
in the application of this Order to Jersey, the Policy and Resources Committee;
“professional legal adviser” in the application of this Order to Jersey, means an advocate or solicitor;
“relevant institution” means —
in the application of this Order to Guernsey a financial services business within the meaning of section 49 of and the Schedule to the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law 1999; and
in the application of this Order to Jersey, a financial services business within the meaning of Article 36(1) and the Second Schedule to the Proceeds of Crime (Jersey) Law 1999;
“the standard scale” means —
in the application of this Order to Guernsey, the standard scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended; and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
Interpretation: terrorism
3
1
In this Order “terrorism” means the use or threat of action where the action falls within paragraph (2) below, the use or threat is designed to influence the government or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious or ideological cause.
2
Action is terrorism if it —
a
involves serious violence against a person,
b
involves serious damage to property,
c
endangers a person’s life, other than that of the person committing the action,
d
creates a serious risk to the health or safety of the public or a section of the public, or
e
is designed seriously to interfere with or seriously to disrupt an electronic system.
3
Notwithstanding paragraph (1) above, the use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not the use or threat is designed to influence the government or to intimidate the public or a section of the public.
4
For the purposes of this article —
a
“action” includes action outside Guernsey or Jersey,
b
a reference to any person or to property is a reference to any person, or to property, wherever situated,
c
a reference to the public includes a reference to the public of a country or territory other than that of Guernsey or Jersey, and
d
“the government” includes the States of Guernsey, the States of Alderney and the Chief Pleas of Sark, the States of Jersey, or of a country or territory other than Guernsey or Jersey.
Collection of Funds
4
1
Any person who invites another to provide funds, and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
2
Any person who receives funds, and intends that they should be used, or knows or has reasonable cause to suspect that they may be used, for the purposes of terrorism, shall be guilty of an offence.
3
Any person who provides funds, and knows or has reasonable cause to suspect that they will or may be used for the purposes of terrorism, shall be guilty of an offence.
4
In this article a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
5
Any person who, except under the authority of a licence granted by the licensing authority under this article, makes any funds or financial (or related) services available to, or for the benefit of —
a
persons who commit, attempt to commit, facilitate or participate in the commission of terrorism,
b
persons controlled or owned directly or indirectly by persons referred to in paragraph (a) above, or
c
persons acting on behalf of, or on the direction of, persons referred to in paragraph (a) above,
shall be guilty of an offence.
Freezing of funds on suspicion
6
1
Where the licensing authority has reasonable grounds for suspecting that the person by, for, or on behalf of whom any funds are held is or may be —
a
a person who commits, attempts to commit, participates in or facilitates the commission of terrorism,
b
a person controlled or owned directly or indirectly by a person referred to in sub-paragraph (a) above,
c
a person acting on behalf of, or at the direction of, a person referred to in sub-paragraph (a) above,
the licensing authority may by notice direct that those funds are not to be made available to that person, except under the authority of a licence granted under this article.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3) below.
3
The licensing authority may by notice revoke a direction given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 5 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Any person who contravenes a direction under paragraph (1) above shall be guilty of an offence.
8
A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) shall be guilty of an offence.
Facilitation of activities prohibited under articles 4, 5 and 6(7)
7
Any person who intentionally engages in any activities knowing that the object or effect of those activities is to enable or facilitate the commission (by that person or another) of an offence under article 4, 5 or 6(7) shall be guilty of an offence.
Offences in connection with licences
8
1
Any person who, for the purposes of obtaining a licence under article 5 or 6, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority and who fails to comply with the conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Failure to disclose knowledge or suspicion of offences
9
1
A relevant institution is guilty of an offence under this Order if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a person who commits, attempts to commit, participates in or facilitates terrorism; or
ii
has committed an offence under articles 4, 5, 6(7) or 8; and
b
it does not disclose to the relevant licensing authority the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where relevant institution discloses to the licensing authority —
a
its knowledge or suspicion that a person is a person who commits, attempts to commit, participates in or facilitates terrorism or a person who has committed an offence under articles 4, 5, 6(7) or 8, or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
10
1
Without prejudice to any other provision of this Order, or any provision of any other law, the licensing authority may request any person to furnish to the authority any information in his possession or control, or to produce to the authority any document in his possession or control, which the authority may require for the purpose of securing compliance with or detecting evasion of this Order or any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom or the Isle of Man or any territory listed in the Schedule to this Order; and any person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request.
2
Nothing in the foregoing paragraph shall be taken to require any person who has acted as a professional legal adviser for any person to furnish or produce any privileged information or document in his possession in that capacity.
3
Where a person is convicted of failing to furnish information or produce a document when requested to do so under this article the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
4
The power conferred by this article to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
5
The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
6
Any person who —
a
without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any request made under this article by any person who is empowered to make it; or
b
furnishes any information or produces any document which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request; or
c
otherwise wilfully obstructs any person in the exercise of his powers under this article; or
d
with intent to evade the provisions of this article, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence.
Disclosure of information
11
1
No information furnished or document produced (including any copy of an extract made of any document produced) by a person in pursuance of a request made under this Order shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced or the person from whom the document was seized:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person who would have been empowered under this Order to request that it be furnished or produced; or
c
to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the government of any territory listed in the Schedule to this Order;
d
on the authority of the licensing authority, to any organ of the United Nations or to any person in the service of the United Nations or to the government of any other country for the purpose of assisting the United Nations or that government in securing compliance with or detecting evasion of measures in relation to terrorism decided upon by the Security Council of the United Nations; or
e
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
within any of the Channel Islands, for an offence under this Order; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, the Isle of Man or any territory listed in the Schedule to this Order.
2
Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) above shall be guilty of an offence.
Penalties and proceedings
12
1
Any person guilty of an offence under article 4, 5, 6(7), 7 or 8(2) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine not exceeding level 4 on the standard scale, or to both.
2
Any person guilty of an offence under article 8(1), 10(6)(b) or (d) or 11(2) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine not exceeding level 4 on the standard scale, or to both.
3
Any person guilty of an offence under article 6(8), 9 or 10(6)(a) or (c) shall be liable in Guernsey on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale, and in Jersey on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale, or to both.
4
Where any body corporate is guilty of an offence under this Order, 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, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
6
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Functions of the licensing authority
13
The licensing authority may, to such extent and subject to such restrictions and conditions as the authority may think proper, delegate or authorise the delegation of any of the authority’s powers under this Order to any person, or class or description of persons, approved by the authority, and references in this Order to the licensing authority shall be construed accordingly.
Licences
14
1
A licence under this Order shall be in writing and may be either general or special, may be subject to or without conditions, and may be limited so as to expire on a specified date unless renewed.
2
A special licence may be varied or revoked at any time by written notice given by the licensing authority to each recipient of the licence.
3
The licensing authority shall publish a general licence in such manner as the authority thinks fit. A general licence may be varied or revoked at any time by written notice, which shall be published by the licensing authority in the same manner as the licence.
4
A notice under paragraph (2) above may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
A K Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pennine Care National Health Service Trust (Establishment) and the Tameside and Glossop Community and Priority Services National Health Service Trust (Dissolution) Order 2001 and subject to paragraph (2), shall come into force on 9th November 2001.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 9th November 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Pennine Care National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Pennine Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Tameside General Hospital, Ashton-under-Lyne, Lancashire, OL6 9RW and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The West Pennine Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (3) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Dissolution of NHS trust
8
1
The Tameside and Glossop Community and Priority Services National Health Service Trust established by the Tameside and Glossop Community and Priority Services National Health Service Trust (Establishment) Order 1993 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
29th October 2001


text:
1
This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Commencement No. 1 and Consequential Provisions) Order 2001.
2
1
The following provisions of the Anti-terrorism, Crime and Security Act 2001 (“ the Act ”), namely —
a
section 1, together with Schedule 1,
b
section 2,
c
section 3, together with Schedule 2, and
d
Part 1 of Schedule 8,
shall come into force on 20th December 2001.
2
The coming into force of the repeal of section 31 of the Terrorism Act 2000 in Part 1 of Schedule 8 to the Act shall not affect the continuance in force of the Magistrates' Courts (Terrorism Act 2000) Rules (Northern Ireland) 2001 .
3
The code of practice in operation under Schedule 14 to the Terrorism Act 2000 is modified in accordance with the Schedule to this Order as from 20th December 2001.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
17th December 2001


text:
1
This Order may be cited as the Sea Fish (Conservation) (Channel Islands) (Amendment) Order 2001 and shall come into force on 3rd April 2001.
2
The Sea Fish (Conservation) (Channel Islands) Order 1981 shall be amended in accordance with the provisions of the Schedule to this Order.
3
1
Any order, prohibition, restriction or exemption made, imposed or given effect to under or by virtue of the Sea Fish (Conservation) Act 1967, as extended to Guernsey, before the coming into force of this Order —
a
shall not be invalidated or cease to have effect in consequence of the amendments and modifications made by this Order; and
b
if in force at the time when this Order comes into force, shall be treated as if made, imposed or given effect to under or by virtue of that Act (as extended to Guernsey) as amended and modified by this Order, in so far as that may be necessary for continuing its effect after that time.
2
In relation to any time which falls after the coming into force of this Order, any reference (express or implied) in any Act, subordinate legislation or other document to a provision of the Sea Fish (Conservation) Act 1967 as extended to Guernsey shall, except where the context otherwise requires, be construed as or as including a reference to that provision as amended or modified by virtue of this Order.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Harlow (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“district” means the district of Harlow;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Harlow (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Harlow
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into eleven wards which shall bear the names Bush Fair, Church Langley, Great Parndon, Harlow Common, Little Parndon and Hare Street, Mark Hall, Netteswell, Old Harlow, Staple Tye, Sumners and Kingsmoor, and Toddbrook.
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.
Elections of the council of the district of Harlow
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 —
a
the first to retire, in 2003, shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire, in 2004, shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
c
The remaining councillor shall retire in 2006.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The District of Harlow (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation, commencement and extent
1
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance, Approved Investments and Contracts — Amendment) (England) Regulations 2001.
2
These Regulations shall come into force on 1st April 2001.
The Local Authorities (Capital Finance) Regulations 1997
2
The Local Authorities (Capital Finance) Regulations 1997 shall be amended in accordance with regulations 3 to 8 below.
Other leases excluded from section 48
3
In regulation 24(2) after sub-paragraph (g) insert:
; or (h) any scheme under paragraph 33 of Schedule 14 to the Access to Justice Act 1999 ; or
regulations under paragraph 35 of Schedule 14 to the Access to Justice Act 1999, to the extent that where accommodation is provided to the Greater London Magistrates' Courts Authority under regulations under that paragraph, it is leased to that authority.
.
Excluded private finance transactions
4
In regulation 40(1) for the words “for the financial year in which the credit arrangement comes into being” substitute “for any financial year during the term of the credit arrangement”.
Credit ceiling increased by amount of debt transferred from another authority
5
After regulation 118A insert the following regulation:
118B
Where an authority transfer some or all of their debt to another authority (“the transferee”), the credit ceiling of the transferee shall be increased by the amount of debt so transferred.
.
Credit ceiling reduced by amount of debt transferred to another authority
6
After regulation 119A insert the following regulation:
119B
Where an authority (“the transferor”) transfer some or all of their debt to another authority, the credit ceiling of the transferor shall be reduced by the amount of debt so transferred.
.
Determining the non-housing reduction
7
In regulation 148(1) in sub-paragraph (a) for “regulation 119A” substitute “regulations 119A and 119B”.
Determining the non-housing increase
8
In regulation 149(1):
a
at the end of sub-paragraph (c) omit the word “and”;
b
after sub-paragraph (d) add:
; and
under regulation 118B.
.
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990
9
1
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended as follows.
2
In regulation 1(2), in the definition of “relevant lender” , for “28 to 35” substitute “28 to 36”.
3
At the end of Part II of the Schedule , add —
36
The Greater London Magistrates' Courts Authority.
.
The Local Authorities (Contracts) Regulations 1997
10
1
The Local Authorities (Contracts) Regulations 1997 shall be amended as follows.
2
In regulation 5(1), at the end of sub-paragraph (g) omit “and” and after sub-paragraph (h)16 221 (j) insert —
; and (i) the Greater London Magistrates' Courts Authority.
.
3
In regulation 6(1) —
a
after “Schedule 10 to the Greater London Authority Act” insert “1999 or, in the case of the Greater London Magistrates' Courts Authority, section 59A(2) of the Justices of the Peace Act 1997” ; and
b
in sub-paragraph (b), after “Schedule 10 to the Greater London Authority Act” insert “1999 or, in the case of the Greater London Magistrates' Courts Authority, section 59A(2) of the Justices of the Peace Act 1997.”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
5th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 2001 and shall come into force on 17th June 2001.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 24th June 2001; or
ii
if the claim for income support is for a period commencing after 24th June 2001, from the first day of the first benefit week commencing after 17th June 2001;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 24th June 2001,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “7.44 per cent.” there shall be substituted the words “6.94 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 2) Regulations 2000
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2000 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
10th May 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st February 2001.
Revocation
2
In regulation 8 of the Motor Vehicles (Driving Licences) (Amendment) Regulations 2001, paragraph (4) (amendment of regulation 43(3) of the Motor Vehicles (Driving Licences) Regulations 1999) is hereby revoked.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
3
1
Regulation 43 of the Motor Vehicles (Driving Licences) Regulations 1999 shall be further amended as follows.
2
In paragraph (3) for the words preceding “in addition” there shall be substituted “Subject to paragraphs (5) and (6), the licence shall”.
3
After paragraph (5) there shall be added the following paragraph —
6
In relation to the first item of Schedule 2 (category A), the effect of paragraph (3) shall be that a licence authorising the driving of vehicles in category A shall in addition authorise the driving of vehicles in category B1, if and only if, the test, or as the case may be the practical test, is passed before 1st February 2001.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
31st January 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Southend-on-Sea) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the borough of Southend-on-Sea.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th April 2001


text:
Citation and commencement
1
This Order shall be cited as the Newcastle Education Action Zone (Extension) Order 2001 and shall come into force on 30th August 2001.
Interpretation
2
In this Order —
“Newcastle Education Action Zone” means the Education Action Zone established by the Newcastle Education Action Zone ( No. 2) Order 1998 .
Extension of the Newcastle Education Action Zone
3
The Newcastle Education Action Zone is extended for a further period of two years beginning with 31st August 2001.
Variation of the Newcastle Education Action Zone (No. 2) Order 1998
4
There shall be inserted after article 10 of the Newcastle Education Action Zone (No. 2) Order 1998 the following article:
Removal from office by Forum
10A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 5(a) or article 6, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 5(a) or 6, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 5(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 6, if that person no longer appears to the Forum to represent the interests of either business, parents of compulsory school age children, or the voluntary sector in the area served by zone schools, as the case may be.
Variation of the Newcastle Education Action Zone (No. 2) Order 1998
5
1
The Newcastle Education Action Zone Order 1998 is varied as follows:
2
In Schedule 1 of that Order the words “Marks and Spencer plc” and “Tyneside Training and Enterprise Council” are deleted.
3
In Schedule 2 the words “Cowgate Primary School” are deleted.
4
In Schedule 2 the words, “Chevyside Middle School”, “Denton Park Middle School”, “Firfield Community School”, and “West Denton High School”, are inserted after “Westerhope First School”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security Amendment (Joint Claims) Regulations 2001 and shall, subject to paragraph (2) below, come into force on 19th March 2001.
2
Regulation 2(1) to (4), (6) and (7) of these Regulations shall come into force immediately after the Jobseeker’s Allowance (Joint Claims) Regulations 2000 .
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)), after the words “where at least one member” there shall be inserted the words “is aged 18 or over and”.
3
For regulation 3D(1)(c) (further circumstances in which a joint-claim couple may be entitled to a joint-claim jobseeker’s allowance), there shall be substituted the following sub-paragraph —
c
the other member satisfies the condition in section 1(2)(e) and (h) but is not required to satisfy the other conditions in section 1(2B)(b) because, subject to paragraph (3), he is a person to whom any paragraph in Schedule A1 applies; and
.
4
In regulation 3E(2) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple), in both sub-paragraphs (g) and (k), for the words “more than 16 hours” there shall be substituted the words “16 hours or more”.
5
At the end of regulation 47(4)(b)(ii) (jobseeking period), there shall be added the words “or on which the claimant is a member of a joint-claim couple and a joint-claim jobseeker’s allowance is not payable or is reduced because he is subject to sanctions by virtue of section 20A”.
6
In Schedule A1 (categories of members of a joint-claim couple who are not required to satisfy the conditions in section 1(2B)(b)) —
a
in the heading, for “Regulation 3D(1)(c)(iii)” there shall be substituted “Regulation 3D(1)(c)”;
b
for paragraph 2(1) and (2) there shall be substituted the following sub-paragraphs —
2
1
A member —
a
who, at the date of claim, is aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act;
b
who, at the date of claim, is a full-time student; or
c
to whom (a) or (b) does not apply but to whom sub-paragraph (1A) or (2) does apply.
1A
This sub-paragraph applies to a member who —
a
as at the date of claim —
i
had applied to an educational establishment to commence a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year after the date of claim and that application has not been rejected; or
ii
had been allocated a place on a full-time course of study commencing from the beginning of the next academic term or, as the case may be, the next academic year; and
b
is either —
i
aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or
ii
a full-time student.
2
This sub-paragraph applies to a member who has applied to an educational establishment to commence a full-time course of study (other than a course of study beyond a first degree course or a comparable course) —
a
within one month of —
i
the last day of a previous course of study; or
ii
the day on which the member received examination results relating to a previous course of study; and
b
who is either —
i
aged 16 or over but under 19 and is receiving full-time education for the purposes of section 142 of the Benefits Act; or
ii
a full-time student.
.
7
In the first column of paragraph 20M(4)(i) of Schedule 1 (applicable amounts), for “20I(3)” there shall be substituted “20I(4)”.
Amendment of the Social Security (Credits) Regulations 1975
3
In regulation 8A(5) of the Social Security (Credits) Regulations 1975 (credits for unemployment) —
a
after sub-paragraph (c) there shall be inserted the following sub-paragraph —
cc
a week in respect of which a joint-claim jobseeker’s allowance was not payable or was reduced pursuant to section 20A of that Act because the person was subject to sanctions for the purposes of that section, even though the couple of which he was a member satisfied the conditions for entitlement to that allowance;
;
b
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
dd
a week in respect of which a joint-claim jobseeker’s allowance was payable in respect of a joint-claim couple of which the person is a member only by virtue of regulation 146C of the Jobseeker’s Allowance Regulations 1996 (circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship);
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
4
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 —
a
in regulation 1(3) (citation, commencement and interpretation) after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definitions —
“a joint-claim couple” has the same meaning as in section 1(4) of the Jobseekers Act 1995;
“a joint-claim jobseeker’s allowance” has the same meaning as in section 1(4) of the Jobseekers Act 1995;
;
b
in regulation 26 (decisions against which an appeal lies), after paragraph (c) there shall be inserted the following —
;or
under section 59 of, and Schedule 7 to, the Welfare Reform and Pensions Act 1999 (couples to make joint-claim for jobseeker’s allowance) where one member of the couple is working and the Secretary of State has decided that both members of the couple are not engaged in remunerative work,
;
c
in paragraph 8 of Schedule 3A —
i
in sub-paragraph (a), after the words “section 3(1)(a)” there shall be inserted the words “or 3A(1)(a)”;
ii
after paragraph (d), there shall be inserted the following —
;or
a joint-claim couple ceases to be a married or an unmarried couple,
.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5
After regulation 30 of the Social Security (Claims and Payments) Regulations 1987 , there shall be inserted the following regulation —
Payments of arrears of joint-claim jobseeker’s allowance where the nominated person can no longer be traced
30A
Where —
a
an award of joint-claim jobseeker’s allowance has been awarded to a joint-claim couple;
b
that couple ceases to be a joint-claim couple; and
c
the member of the joint-claim couple nominated for the purposes of section 3B of the Jobseekers Act cannot be traced,
arrears on the award of joint-claim jobseeker’s allowance shall be paid to the other member of the former joint-claim couple.
.
Amendment of the Housing Benefit (General) Regulations 1987 and of the Council Tax Benefit (General) Regulations 1992
6
In both the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 —
a
after paragraph 4 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), there shall be inserted the following paragraph —
4A
Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Act 1995 and his partner is on an income-based jobseeker’s allowance, the whole of the claimant’s income.
;
b
after paragraph 5 of Schedule 5 (capital to be disregarded), there shall be inserted the following paragraph —
5A
Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Act 1995 and his partner is on an income-based jobseeker’s allowance, the whole of the claimant’s capital.
.
Signed in relation to regulation 2(2) to (4) and (6) by authority of the Secretary of State for Education and Employment.
Michael Wills
Parliamentary Under-Secretary of State,
Department for Education and Employment
20th February 2001
Signed in relation to the remainder of these Regulations by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
22nd February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Homerton Hospital National Health Service Trust (Change of Name) Order 2001 and shall come into force on 29th October 2001.
2
In this Order —
“ the Order ” means the Homerton Hospital National Health Service Trust (Establishment) Order 1994 :
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Homerton University Hospital National Health Service Trust instead of the Homerton Hospital National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, before the word “Hospital” there shall be inserted the word “University”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Consequential provision
3
In article 3 of the Order, in paragraph (2), before the word “Hospital”, there shall be inserted the word “University”.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
19th October 2001


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 4) Order 2001 and shall come into force on 1st September 2001.
2
The Education (School Teachers' Pay and Conditions) (No. 3) Order 2000 , the Education (School Teachers' Pay and Conditions (No. 4) Order 2000 , the Education (School Teachers' Pay and Conditions) Order 2001 , the Education (School Teachers' Pay and Conditions (No. 2) Order 2001 and the Educational (School Teachers' Pay and Conditions (No. 3) Order 2001 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 2001” (“ the Document ”) shall have effect from 1st September 2001.
Stephen Timms
Minister of State,
Department for Education and Skills
10th August 2001


text:
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 7) Order 2001.
2
The following provisions of the Child Support, Pensions and Social Security Act 2000 shall come into force on 1st April 2001 —
a
section 82;
b
section 83;
c
Schedule 8;
d
Part IX of Schedule 9 and section 85(1) in so far as it relates to that Part.
Irvine of Lairg, C.
Dated 6th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Essex Mental Health Partnership National Health Service Trust (Establishment) Order 2001 and shall come into force on 16th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1, to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the North Essex Mental Health Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established on NHS trust which shall be called the North Essex Mental Health Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Cuton Hall, Cuton Hall Lane, Springfield, Chelmsford, Essex CM2 5BX and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The North Essex Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust, and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State
Department of Health
5th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security Amendment (Students and Income-related Benefits) Regulations 2001 and shall come into force —
a
for the purposes of this regulation and regulations 2 and 5 on 1st August 2001;
b
for the purposes of regulations 3, 4 and 6 in so far as those regulations relate to income support and jobseeker’s allowance —
i
in the case of a student whose period of study begins on or after 1st August 2001 but before 27th August 2001, on the day the period of study begins;
ii
in any other case, on 27th August 2001;
c
for the purposes of regulations 3, 4 and 6 (in so far as those regulations relate to housing benefit and council tax benefit) and of regulation 7 —
i
in the case of a student whose period of study begins on or after 1st August 2001 but before 27th August 2001, on the first Monday of that period;
ii
in any other case, on 27th August 2001.
2
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Definitions
2
1
In the provisions specified in paragraph (2) below —
a
immediately before the first definition there shall be inserted the following definition —
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;
;
b
in the definition of “access funds” —
i
in paragraph (a), for the words “and described as “access bursary funds” or “hardship funds”” there shall be substituted the words “for the purpose of providing funds on a discretionary basis to be paid to students”;
ii
the word “or” at the end of paragraph (b) shall be omitted and after paragraph (c) there shall be added the following —
or
d
discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000 ;
;
c
in the definition of “contribution” —
i
after the words “Secretary of State” in the first place where those words appear there shall be inserted the words “, the Scottish Ministers”;
ii
for the words “Secretary of State” in the other two places where those words appear there shall be substituted the words “Scottish Ministers”;
d
for paragraph (c) of the definition of “standard maintenance grant” there shall be substituted the following —
c
in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980 , the amount of money specified as the “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland , or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authority and paid under the Further and Higher Education (Scotland) Act 1992 ;
;
e
at the end of the definition of “student loan” there shall be added the words “and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 ”;
f
the definition of “year” shall be omitted.
2
The provisions specified for the purposes of paragraph (1) above (interpretation) are —
a
regulation 38(1) of the Council Tax Benefit Regulations;
b
regulation 46(1) of the Housing Benefit Regulations;
c
regulation 61(1) of the Income Support Regulations;
d
regulation 130 of the Jobseeker’s Allowance Regulations.
3
In —
a
paragraphs (a) and (c) of the definition of “full-time course of study” in regulation 61(1) of the Income Support Regulations;
b
paragraphs (a) and (c) of the definition of “full-time course of advanced education” in both regulation 61(1) of the Income Support Regulations and regulation 1(3) of the Jobseeker’s Allowance Regulations; and
c
paragraph (b)(i) and (iii) of the definition of “full-time student” in regulation 1(3) of the Jobseeker’s Allowance Regulations,
for the words “Secretary of State for Scotland”, wherever those words appear, there shall be substituted the words “Scottish Ministers”.
4
In the definition of “full-time course of study” in both regulation 38(1) of the Council Tax Benefit Regulations and regulation 46(1) of the Housing Benefit Regulations —
a
in paragraph (a), for the words from “a full-time course of study” to the end of the paragraph there shall be substituted the words “a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers”;
b
in paragraph (c), for the words “Secretary of State for Scotland”, there shall be substituted the words “Scottish Ministers”.
Disregards and deductions
3
1
In sub-paragraph (a) of each of the provisions specified in paragraph (3) below, for the sum “£255” there shall be substituted the sum “£260”.
2
For sub-paragraph (b) of each of the provisions specified in paragraph (3) below there shall be substituted the following sub-paragraph —
b
the sum of £319 towards the costs of books and equipment,
.
3
The provisions specified for the purposes of paragraphs (1) and (2) above (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are —
a
regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;
b
regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;
c
regulations 62(2A) and 66A(5) of the Income Support Regulations;
d
regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
4
There shall be inserted as —
a
regulation 42(3A) of the Council Tax Benefit Regulations;
b
regulation 53(2B) of the Housing Benefit Regulations;
c
regulation 62(2B) of the Income Support Regulations;
d
regulation 131(3A) of the Jobseeker’s Allowance Regulations,
the following paragraph —
There shall also be excluded from a student’s grant income —
a
any grant of £250 for an only or eldest dependent child payable under regulation 15(1)(c) of the Education (Student Support) Regulations 2001 ;
b
any grant of £500 in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 15(8) of those Regulations;
c
any grant for child care costs payable under regulation 16 of those Regulations;
d
any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice.
.
5
In regulation 51(1) of the Housing Benefit Regulations (eligible rent) —
a
in sub-paragraph (a), for the sum “£27.75” there shall be substituted the sum “£28.40”;
b
in sub-paragraph (b), for the sum “£19.20” there shall be substituted the sum “£19.65”.
Treatment of student loans
4
After sub-paragraph (a) in —
a
regulation 47(2) of the Council Tax Benefit Regulations;
b
regulation 57A(2) of the Housing Benefit Regulations;
c
regulation 66A(2) of the Income Support Regulations;
d
regulation 136(2) of the Jobseeker’s Allowance Regulations,
there shall be inserted the following sub-paragraph —
aa
in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week immediately following that which includes the first day of that academic year and ending with the benefit week which includes the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
.
Treatment of loan income of former students
5
1
For regulation 40(3A) of the Income Support Regulations (calculation of income other than earnings), there shall be substituted the following paragraphs —
3A
Paragraph (3AA) applies where —
a
a relevant payment has been made to a person in an academic year; and
b
that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
3AA
The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula —
A - ( B × C ) D
where —
A
the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 66A(5);
B
the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;
C
the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 66A(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to income support immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to income support;
D
the number of benefit weeks in the assessment period.
3AB
In paragraphs (3A) and (3AA) —
“academic year” and “student loan” shall have the same meanings as for the purposes of Chapter VIII of this Part;
“assessment period” means the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 62(3B) or both.
.
2
For regulation 103(5) of the Jobseeker’s Allowance Regulations (calculation of income other than earnings), there shall be substituted the following paragraphs —
5
Paragraph (5ZA) applies where —
a
a relevant payment has been made to a person in an academic year; and
b
that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
5ZA
The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (5) applies, shall be calculated by applying the formula —
A - ( B × C ) D
where —
A
the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 136(5);
B
the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week immediately before that which includes the day on which the person abandoned, or was dismissed from, his course;
C
the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 136(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to a jobseeker’s allowance immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to a jobseeker’s allowance;
D
the number of benefit weeks in the assessment period.
5ZB
In paragraphs (5) and (5ZA) —
“academic year” and “student loan” shall have the same meanings as for the purposes of Chapter IX of this Part;
“assessment period” means the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 131(5A) or both.
.
3
For regulation 24(4) of the Council Tax Benefit Regulations (calculation of income other than earnings) there shall be substituted the following paragraphs —
4
Paragraph (4A) applies where —
a
a relevant payment has been made to a person in an academic year; and
b
that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
4A
The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (4) applies, shall be calculated by applying the formula —
A - ( B × C ) D
where —
A
the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 47(5);
B
the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week which includes the day on which the person abandoned, or was dismissed from, his course;
C
the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 47(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to council tax benefit immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to council tax benefit;
D
the number of benefit weeks in the assessment period.
4B
In paragraphs (4) and (4A) —
“academic year” and “student loan” shall have the same meanings as for the purposes of Part V;
“assessment period” means the period beginning with the benefit week immediately following that which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 42(4B) or both.
.
4
For regulation 33(3A) of the Housing Benefit Regulations (calculation of income other than earnings) there shall be substituted the following paragraphs —
3A
Paragraph (3B) applies where —
a
a relevant payment has been made to a person in an academic year; and
b
that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.
3B
The amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (3A) applies, shall be calculated by applying the formula —
A - ( B × C ) D
where —
A
the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 57A(5);
B
the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week which includes the day on which the person abandoned, or was dismissed from, his course;
C
the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 57A(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to housing benefit immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to housing benefit;
D
the number of benefit weeks in the assessment period.
3C
In paragraphs (3A) and (3B) —
“academic year” and “student loan” shall have the same meanings as for the purposes of Part VII;
“assessment period” means the period beginning with the benefit week immediately following that which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person and for the purposes of this definition, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2001;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 53(3B) or both.
.
NHS Dependant Grants
6
At the beginning of —
a
regulation 42(4A) of the Council Tax Benefit Regulations;
b
regulation 53(3A) of the Housing Benefit Regulations;
c
regulation 62(3A) of the Income Support Regulations; and
d
regulation 131(5) of the Jobseeker’s Allowance Regulations,
(calculation of grant income) there shall be inserted the words “Any grant in respect of dependants paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and”.
Grants for school meals
7
In both regulation 46(2) of the Council Tax Benefit Regulations and regulation 57(2) of the Housing Benefit Regulations (other amounts to be disregarded), after “1998”, there shall be inserted the words “or under the Students' Allowance (Scotland) Regulations 1999 ,”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th June 2001


text:
Citation and commencement
1
This Order may be cited as the Defence Aviation Repair Agency Trading Fund Order 2001 and shall come into force on 1st April 2001.
Establishment of the fund
2
As from 1st April 2001, for all the operations of the Ministry of Defence known as the Defence Aviation Repair Agency, which operations are more particularly described in Schedule 1 to this Order, there shall be established a trading fund to be known as the Defence Aviation Repair Agency Trading Fund (hereinafter referred to as “the fund”).
Source of Loans
3
The Secretary of State for Defence is hereby designated as the source of issues to the fund by way of loan.
Assets, liabilities and public dividend capital
4
1
The Crown assets and liabilities set out in Schedule 2 to this Order shall be appropriated as assets and liabilities of the fund.
2
Fifty per cent of the amount by which the values of the assets exceed the amounts of the liabilities shall be treated as public dividend capital of the fund.
Maximum borrowing etc.
5
The aggregate of the following shall not exceed £300,000,000 —
a
the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the 1973 Act (other than as originating debt), and
b
the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of that Act.
Geoffrey Hoon
Secretary of State for Defence
22nd March 2001
We concur
David Jamieson
David Clelland
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 6) Regulations 2001 and shall come into force on 31st October 2001.
Amendment of the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001
2
1
The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001 shall be amended as follows.
2
In regulation 3(1), for the words “until 31st October 2001” there shall be substituted the words “until 30th December 2001”.
3
For regulation 3(2) there shall be substituted the following:
2
In relation to the driving of a vehicle in the exceptional circumstances and for the purposes mentioned in paragraph (1) above, the said Council Regulation shall have effect as if in Article 6, paragraph 1 first sentence, for the reference to “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted.
3
In relation to the driving of a vehicle in the exceptional circumstances mentioned in paragraph (1) above and for the purpose only of the movement of livestock, the said Council Regulation shall have effect as if in Article 8, for paragraph 3 there were substituted the following:
3
In the course of each week, one of the rest periods referred to in paragraphs 1 and 2 shall be extended, by way of weekly rest, to a total of 24 consecutive hours. Every third week this rest period shall be extended to a total of 45 consecutive hours.
.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
29th October 2001


text:
Citation and commencement
1
This Order may be cited as the Hillingdon Primary Care Trust (Establishment) Amendment Order 2001 and shall come into force on 1st May 2001.
Amendment of Establishment Order
2
In the Hillingdon Primary Care Trust (Establishment) Order 2000 —
a
in article 1(2), the definition of “community health services” shall be omitted; and
b
article 8 (exercise of functions) shall be omitted.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
23rd April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Fareham (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Fareham;
“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 Borough of Fareham (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Fareham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
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 Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Fareham
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Fareham (Electoral Arrangements) Order 1975 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
14th March 2001


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2001 and shall come into force on 6th April 2001.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
28th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Sefton & West Lancashire Community National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the North Sefton & West Lancashire Community National Health Service Trust (Establishment) Order 1999 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of NHS trust Establishment Order
2
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from Ormskirk & District General Hospital, Wigan Road, Ormskirk, Lancashire L39 2JW
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health.
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Employment Zones (Amendment) Regulations 2001 and shall come into force on 26th February 2001.
Amendment of the Employment Zones Regulations 2000
2
The Schedule to the Employment Zones Regulations 2000 shall be amended as follows —
a
in relation to the employment zone of Brent, after “the London borough of Brent” there shall be added “the London borough of Barnet, the London borough of Camden and the City of Westminster”;
b
in relation to the employment zone of Doncaster, after “the metropolitan district of Doncaster” there shall be added “and the metropolitan district of Rotherham”.
Tessa Jowell
Minister of State,
Department for Education and Employment
30th January 2001


text:
Citation and commencment
1
This Order shall be cited as the Hackney Education Action Zone (Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Hackney Education Action Zone” means the Education Action Zone established by the Hackney Education Action Zone Order 1999 .
Variation of the Hackney Education Action Zone Order 1999
3
1
The Hackney Education Action Zone Order 1999 is varied as follows:
2
In Schedule 2 of that Order the words “St John and St James CE Primary School, DfEE No. 3000, Isabella Road, London, E9 6DU” are added.
3
In Schedule 2 of that Order the words “Woodbury Down Community Primary School” are substituted for “Woodbury Down Infants and Junior School”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the Gas (Connection Charges) Regulations 2001 and shall come into force on 1st October 2001.
2
Regulation 3 shall apply in respect of any main laid before the coming into force of these Regulations as if —
a
for sub-paragraph (c) of that regulation there were substituted the following sub-paragraph —
c
the amount required does not exceed any amount paid in respect of those expenses by such a person or by any person previously required to make a payment under these Regulations or the Gas (Connection Charges) Regulations 1986 ;
and
b
for sub-paragraph (e)(iii) of that regulation there were substituted the following sub-paragraph —
iii
the amounts paid in respect of those expenses by the persons for whom the main was laid, or by persons previously required to make a payment under these Regulations or the Gas (Connection Charges) Regulations 1986
.
Revocation
2
The Gas (Connection Charges) Regulations 1986 are revoked.
Entitlement to recover amount in respect of expenses
3
A gas transporter may require a person requiring a connection to a relevant main under section 10(2) of the Gas Act 1986 to pay to the transporter an amount in respect of the expenses of the laying of the main used for the purpose of making that connection to a relevant main if —
a
the connection to a relevant main is required within five years after the laying of the main;
b
a person for whom the main was laid has made a payment to the gas transporter in respect of those expenses;
c
the amount required does not exceed any amount paid in respect of those expenses by such a person or by any person previously required to make a payment under these Regulations;
d
the gas transporter has not recovered those expenses in full; and
e
the gas transporter has made available to the person requiring the connection to a relevant main such information as may have been reasonably requested by that person for the purpose of ascertaining —
i
the expenses of the laying of the main;
ii
the date of the laying of the main; and
iii
the amounts paid in respect of those expenses by the persons for whom the main was laid, or by persons previously required to make a payment under these Regulations.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
M. C. McCarthy,
A member of the Authority
21st September 2001
I Consent
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
28th September 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) (Amendment) Regulations 2001 and shall come into force on 30th March 2001.
Amendment of the Air Navigation (Dangerous Goods) Regulations 1994
2
The Air Navigation (Dangerous Goods) Regulations 1994 shall be further amended by substituting for the definition of “Technical Instructions” in regulation 3(1) —
“Technical Instructions” means the 1999–2000 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air as amended by the addendum to those Instructions dated 8th December 2000 which was approved and published by decision of the Council of the International Civil Aviation Organisation;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
9th March 2001