text:
Citation and commencement
1
These Rules may be cited as the Young Offender Institution (Amendment) (No. 3) Rules 2000 and shall come into force on 24th October 2000.
Amendment of Rules
2
The Young Offender Institution Rules 1988 are amended as follows.
3
In rule 2(1) the following definitions shall be added:
“communication” includes any written or drawn communication from a prisoner to any other person, whether intended to be transmitted by means of a postal service or not, and any communication from a prisoner to any other person transmitted by means of a telecommunications system;
“intercepted material” means the contents of any communication intercepted pursuant to these Rules;
“telecommunications system” means any system (including the apparatus comprised in it) which exists for the purpose of facilitating the transmission of communications by any means involving the use of electrical or electro-magnetic energy.
.
4
For rule 10 there shall be substituted the following rule:
10
1
Without prejudice to sections 6 and 19 of the Prison Act 1952 and except as provided by these Rules, an inmate shall not be permitted to communicate with any person outside the prison, or such person with him, except with the leave of the Secretary of State or as a privilege under rule 7.
2
Notwithstanding paragraph (1) above, and except as otherwise provided in these Rules, the Secretary of State may impose any restriction or condition, either generally or in a particular case, upon the communications to be permitted between an inmate and other persons if he considers that the restriction or condition to be imposed —
a
Does not interfere with the convention rights of any person; or
b
i
is necessary on grounds specified in paragraph (3) below;
ii
reliance on the grounds is compatible with the convention right to be interfered with; and
iii
the restriction or condition is proportionate to what is sought to be achieved.
3
The grounds referred to in paragraph (2) above are —
a
the interests of national security;
b
the prevention, detection, investigation or prosecution of crime;
c
the interests of public safety;
d
securing or maintaining security or good order and discipline in the young offender institution;
e
the protection of health or morals;
f
the protection of the reputation of others;
g
maintaining the authority and impartiality of the judiciary; or
h
the protection of the rights and freedoms of any person.
4
Subject to paragraph (2) above, the Secretary of State may require that any visit, or class of visits, shall be held in facilities which include special features restricting or preventing physical contact between an inmate and a visitor.
5
Every visit to an inmate shall take place within the sight of an officer or employee of the young offender institution authorised for the purposes of this rule by the governor (in this rule referred to as an “authorised employee”), unless the Secretary of State otherwise directs, and for the purposes of this paragraph a visit to an inmate shall be taken to take place within the sight of an officer or authorised employee if it can be seen by an officer or authorised employee by means of an overt closed circuit television system.
6
Subject to rule 13, every visit to an inmate shall take place within the hearing of an officer or authorised employee, unless the Secretary of State otherwise directs.
7
The Secretary of State may give directions, either generally or in relation to any visit or class of visits, concerning the day and times when inmates may be visited.
8
In this rule —
a
references to communications include references to communications during visits;
b
references to restrictions and conditions upon communications include references to restrictions and conditions in relation to the length, duration and frequency of communications; and
c
references to convention rights are to the convention rights within the meaning of the Human Rights Act 1998 .
.
5
After rule 11 there shall be inserted the following rules:
Interception of communications
11A
1
The Secretary of State may give directions to any governor concerning the interception in a young offender institution of any communication by any inmate or class of inmates if the Secretary of State considers that the directions are —
a
necessary on grounds specified in paragraph (4) below; and
b
proportionate to what is sought to be achieved.
2
Subject to any directions given by the Secretary of State, the governor may make arrangements for any communication by an inmate or class of inmates to be intercepted in a young offender institution by an officer or an employee of the young offender institution authorised by the governor for the purposes of this rule (referred to in this rule as an “authorised employee”) if he considers that the arrangements are —
a
necessary on grounds specified in paragraph (4) below; and
b
proportionate to what is sought to be achieved.
3
Any communication by an inmate may, during the course of its transmission in a young offender institution, be terminated by an officer or an authorised employee if he considers that to terminate the communication is —
a
necessary on grounds specified in paragraph (4) below; and
b
proportionate to what is sought to be achieved by the termination.
4
The grounds referred to in paragraphs (1)(a), (2)(a) and (3)(a) above are —
a
the interests of national security;
b
the prevention, detection, investigation or prosecution of crime;
c
the interests of public safety;
d
securing or maintaining prison security or good order and discipline in the young offender institution;
e
the protection of health or morals; or
f
the protection of the rights and freedoms of any person.
5
Any reference to the grounds specified in paragraph (4) above in relation to the interception of a communication by means of a telecommunications system in a prison, or the disclosure or retention of intercepted material from such a communication, shall be taken to be a reference to those grounds with the omission of sub-paragraph (f).
6
For the purposes of this rule “interception” —
a
in relation to a communication by means of a telecommunications system, means any action taken in relation to the system or its operation so as to make some or all of the contents of the communications available, while being transmitted, to a person other than the sender or intended recipient of the communication; and the contents of a communication are to be taken to be made available to a person while being transmitted where the contents of the communication, while being transmitted, are diverted or recorded so as to be available to a person subsequently; and
b
in relation to any written or drawn communication, includes opening, reading, examining and copying the communication.
Permanent log of communications
11B
1
The governor may arrange for a permanent log to be kept of all communications by or to an inmate.
2
The log referred to in paragraph (1) above may include, in relation to a communication by means of a telecommunications system in a prison, a record of the destination, duration and cost of the communication and, in relation to any written or drawn communication, a record of the sender and addressee of the communication.
Disclosure of material
11C
1
The governor may not disclose to any person who is not an officer of a young offender institution or of the Secretary of State or an employee of the young offender institution authorised by the governor for the purposes of this rule any intercepted material, information retained pursuant to rule 11B or material obtained by means of an overt closed circuit television system used during a visit unless —
a
he considers that such disclosure is —
i
necessary on grounds specified in rule 11A(4); and
ii
proportionate to what is sought to be achieved by the disclosure; or
b
i
in the case of intercepted material or material obtained by means of an overt closed circuit television system used during a visit, all parties to the communication or visit consent to the disclosure; or
ii
in the case of information retained pursuant to rule 11B, the prisoner to whose communication the information relates, consents to the disclosure.
Retention of material
11D
1
The governor shall not retain any intercepted material or material obtained by means of an overt closed circuit television system used during a visit for a period longer than 3 months beginning with the day on which the material was intercepted or obtained unless he is satisfied that continued retention of it is —
a
necessary on grounds specified in rule 11A(4); and
b
proportionate to what is sought to be achieved by the continued retention.
2
Where such material is retained for longer than 3 months pursuant to paragraph (1) above the governor shall review its continued retention at periodic intervals until such time as it is no longer held by the governor.
3
The first review referred to in paragraph (2) above shall take place not more than 3 months after the decision to retain the material taken pursuant to paragraph (1) above and subsequent reviews shall take place not more than 3 months apart thereafter.
4
If the governor, on a review conducted pursuant to paragraph (2) above or at any other time, is not satisfied that the continued retention of the material satisfies the requirements set out in paragraph (1) above, he shall arrange for the material to be destroyed.
.
6
After rule 49A there shall be inserted the following rule:
Observation of inmates by means of an overt closed circuit television system
49B
1
Without prejudice to his other powers to supervise the young offender institution, inmates and other persons in the young offender institution whether by use of an overt closed circuit television system or otherwise, the governor may make arrangements for any inmate to be placed under constant observation by means of an overt closed circuit television system while the inmate is in a cell, dormitory or other place in the young offender institution if he considers that —
a
such supervision is necessary for —
i
the health and safety of the inmate or any other person;
ii
the prevention, detection or prosecution of crime; or
iii
securing or maintaining young offender institution security or good order and discipline in the young offender institution; and
b
it is proportionate to what is sought to be achieved.
2
If an overt closed circuit television system is used for the purposes of this rule, the provisions of rules 11C and 11D shall apply to any material obtained.
.
7
For paragraph (1) of rule 71A there shall be substituted the following paragraph:
1
Without prejudice to any other powers to prohibit or restrict entry to young offender institutions, or his powers under rules 9 and 10, the Secretary of State may prohibit visits by a person to a young offender institution or to an inmate in a young offender institution for such periods of time as he considers necessary if the Secretary of State considers that such a prohibition is —
a
necessary on grounds specified in rule 11A(4); and
b
is proportionate to what is sought to be achieved by the prohibition.
.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
23rd September 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2000 and shall come into force on 4th December 2000.
Amendment of regulation 10 of the Asylum Support Regulations 2000
2
In the Table in paragraph (2) of regulation 10 of the Asylum Support Regulations 2000 (kind and levels of support for essential living needs), in the second column, opposite the entry in the first column relating to a person aged under 16, for the amount “£26.60” there shall be substituted the amount “£30.95”.
Barbara Roche
Minister of State
Home Office
11th November 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Conservation Measures) Order 2000 and shall come into force on 15th May 2000.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“the Council Regulation” means Council Regulation ( EC ) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms , as corrected by Corrigendum to Annex XII of the Council Regulation , and amended by Council Regulation (EC) No. 308/1999 , Council Regulation (EC) No. 1459/99 and Council Regulation (EC) No. 2723/1999 ;
“fish” includes crustacea, molluscs and parts of fish;
“fisheries products” includes fish;
“fishing boat” includes a receiving vessel and a third country vessel, within the meaning of Regulation 2847/93;
“local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 ;
“Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy ;
“Regulation 894/97” means Council Regulation (EC) No. 894/97 laying down certain technical measures for the conservation of fishery resources ;
“Regulation 2742/99” means Council Regulation (EC) No. 2742/1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No. 66/98 , as corrected by a Corrigendum ;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;
“relevant offence” means an offence under:
article 3 of this Order, or
any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“specified Community measure” means a provision of Regulation 894/97 or of the Council Regulation or of Regulation 2742/99, which is specified in column 1 of the Schedule, as read with any qualifying words relating to that provision in that column;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 .
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
Any reference in this Order —
a
to “the Schedule” is a reference to the Schedule to this Order; and
b
to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
4
Column 2 of the Schedule (which provides in relation to each specified Community provision an indication of the subject matter of the provision) shall not be read as limiting the scope of any specified Community provision and shall be disregarded in relation to any question arising as to the construction of this Order.
Offences
3
1
Where there is, in respect of —
a
any relevant British fishing boat wherever it may be;
b
any other fishing boat which is within relevant British fishery limits;
c
the entry into relevant British fishery limits by any fishing boat; or
d
any fisheries products, premises or vehicle in England or Northern Ireland,
a contravention of, or failure to comply with, any specified Community measure, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Subject to paragraph (3) below, any person who, in England or Northern Ireland, lands, transports, stores, sells, displays or offers for sale —
a
any fish in contravention of article 19(1) of the Council Regulation, or
b
any salmon ( Salmo salar ) or sea trout ( Salmo trutta ) in contravention of articles 26(1) or 36 of the Council Regulation,
shall be guilty of an offence.
3
Paragraph (2) above shall not apply to a person who lands a fish, salmon or sea trout if that person is guilty of an offence under paragraph (1) above as respects the landing of that fish, salmon or sea trout.
Penalties
4
1
A person guilty in England or Northern Ireland of an offence under article 3(1) of this Order, or under any equivalent provision in any other order extending to any part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified in column 3 of the Schedule in relation to the specified Community measure, the contravention of, or failure to comply with, which founded the offence;
b
on conviction on indictment to a fine.
2
A person found guilty in England or Northern Ireland of an offence under article 3(2) of this Order, or under any equivalent provision in any other order extending to any part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to a fine.
3
Subject to the following provisions of this article, the court by or before which a person is convicted of a relevant offence may order the forfeiture of:
a
any fish in respect of which the offence was committed; and
b
in respect of an offence under article 3(1) of this Order, any net or other fishing gear used in committing the offence.
4
Any person found guilty of a relevant offence shall, subject to paragraph (6), be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
5
A person shall not be liable to a fine under paragraph (4) in respect of a relevant offence if, under paragraph (3), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (4) in respect of any relevant offence, the court shall not have power under paragraph (3) to order the forfeiture of the fish in respect of which the relevant offence was committed.
6
Subject to paragraph (5), any fine to which a person is liable under paragraph (4) in respect of a relevant offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment.
Recovery of fines
5
1
Where a fine is imposed by a magistrate’s court in England or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 11 of this Order, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Article 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3(1) of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, any British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to —
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England and Northern Ireland,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Powers of other officers
9
1
For the purpose of enforcing article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, in so far as it applies to undersized fish, any of the following officers, that is to say —
a
any officer authorised by the Minister of Agriculture, Fisheries and Food or the Secretary of State for Northern Ireland,
b
any officer of a market authority in England or Northern Ireland, acting within the limits of any market which that authority has power to regulate, and
c
any fishery officer of a local fisheries committee acting within any part of the district of the committee which lies in England,
may in England and Northern Ireland, at all reasonable times, go on board any British fishing boat or enter any premises (other than a dwelling) used for carrying on any business in connection with the treatment, storage or sale of fish, may search for and examine any fish in any place, whether on board a fishing boat or elsewhere, and whether in a receptacle or not, and may seize any fish in respect of which he has reasonable grounds to suspect that a relevant offence in relation to undersized fish has been committed.
2
For the purpose of enforcing article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community measure, in so far as it relates to nets and other fishing gear, any fishery officer of a local fisheries committee may, within any part of the district of the committee which lies in England, go on board any British fishing boat and search for and examine all nets or other fishing gear and any fish carried in that boat and may seize any net or other fishing gear in respect of which he has reasonable grounds to suspect that a relevant offence in relation to nets or other fishing gear has been committed.
3
For the purpose of this article the district of a local fisheries committee shall be deemed to extend throughout the area of any council in England liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by this article on any fishery officer of a local fisheries committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of any county council or district council.
Protection of officers
10
An officer or a person assisting him by virtue of articles 6(2), 7(1)(b) or 7(3) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 9 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
11
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6, 7 or 8 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 9 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
12
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Proceedings
13
1
A local fisheries committee in England may take proceedings in respect of any offence occurring within any part of the district of the committee which lies in England under —
a
article 3(1) of this Order, where the offence is founded on a contravention of, or failure to comply with —
i
articles 4, 6, 7, 8, 9, 11, 14 to 16, 18, 19, 26 and 30 to 34 of the Council Regulation, or
ii
paragraphs 4, 6 and 9 of Annex V of Regulation 2742/99; or
b
article 3(2)(a) of this Order.
2
For the purpose of this article the district of a local fisheries committee shall be deemed to extend throughout the area of any council in England liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by this article on the committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of any county council or district council.
Admissibility in evidence of logbooks and other documents
14
1
Any —
a
logbook kept under Articles 6, 17.2 or 28c;
b
declaration submitted under Articles 8.1, 11, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Articles 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Revocation
15
1
The Sea Fishing (Enforcement of Community Conservation Measures) Order 1997 and the Sea Fishing (Enforcement of Community Conservation Measures) (Amendment) Order 1997 are hereby revoked, except in so far as:
a
they form part of the law of Scotland; or
b
they have effect in relation to Wales.
2
In paragraph (1), “Wales” has the same meaning as in section 155(1) of the Government of Wales Act 1998 .
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
11th April 2000
John Reid
Secretary of State for Scotland
10th April 2000
Paul Murphy
Secretary of State for Wales
14th April 2000
Peter Mandelson
Secretary of State for Northern Ireland
14th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2000 and shall come into force for all purposes other than article 2(b) on 29th November 2000 and for the purposes of article 2(b) on 1st April 2001.
2
In this Order “the principal Order ” means the National Health Service Trusts (Trust Funds: Appointment of Trustees) Order 2000 .
Amendment of the principal Order
2
The Schedule to the principal Order is amended by —
a
inserting in the appropriate place in the alphabetical order the following entries —
The Barts and The London National Health Service Trust
The Birmingham Children’s Hospital National Health Service Trust
The Newcastle upon Tyne Hospitals National Health Service Trust
The Sheffield Teaching Hospitals National Health Service Trust
The St George’s Healthcare National Health Service Trust
The University Hospital Birmingham National Health Service Trust
b
omitting the following entries —
The Central Sheffield University Hospitals National Health Service Trust
The Northern General Hospital National Health Service Trust.
Signed by authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
22nd November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Joint Claims: Consequential Amendments) Regulations 2000 and shall come into force on 19th March 2001.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definition —
“joint-claim couple” and “joint-claim jobseeker’s allowance” have the same meaning in these Regulations as they have in the Jobseekers Act by virtue of section 1(4) of that Act ;
.
3
In regulation 4 (making a claim for benefit) —
a
in paragraph (1B) —
i
at the beginning of sub-paragraph (a) there shall be inserted the words “subject to paragraph (1BA),”;
ii
in sub-paragraph (e), after the words “making the claim” there shall be inserted the words “or, in the case of a claim for a jobseeker’s allowance by a joint-claim couple, either member of that couple,”;
b
after paragraph (1B) there shall be inserted the following paragraph —
1BA
In the case of a joint-claim couple claiming a jobseeker’s allowance jointly, paragraph (1B)(a) shall not apply to the extent that it is reasonably practicable for a member of a joint-claim couple to whom that sub-paragraph applies to obtain assistance from the other member of that couple.
;
c
in paragraph (3B) , for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
where there is no entitlement to a contribution-based jobseeker’s allowance on a claim made —
i
by a member of a joint-claim couple, he subsequently claims a joint-claim jobseeker’s allowance with the other member of that couple, the claim made by the couple shall be treated as having been made on the date on which the member of that couple made the claim for a jobseeker’s allowance in respect of which there was no entitlement to contribution-based jobseeker’s allowance;
ii
by one partner and the other partner wishes to claim income-based jobseeker’s allowance, the claim made by that other partner shall be treated as having been made on the date on which the first partner made his claim;
;
d
in paragraph (5) , after the word “he” there shall be inserted the words “, or if he is a member of a joint-claim couple, either member of that couple”;
e
in paragraph (6)(a) , for the words “notice under regulation 23” there shall be substituted the words “notification under regulation 23 or 23A”;
f
for paragraph (7A) , there shall be substituted the following paragraphs —
7A
In the case of a claim for income support, if a defective claim is received, the Secretary of State shall advise the person making the claim of the defect and of the relevant provisions of regulation 6(1A) relating to the date of claim.
7B
In the case of a claim for a jobseeker’s allowance, if a defective claim is received, the Secretary of State shall advise —
a
in the case of a claim made by a joint-claim couple, each member of the couple of the defect and of the relevant provisions of regulation 6(4ZA) relating to the date of the claim;
b
in any other case, the person making the claim of the defect and of the relevant provisions of regulation 6(4A) relating to the date of claim.
.
4
In regulation 6 (date of claim) —
a
after paragraph (4) there shall be inserted the following paragraphs —
4ZA
Where a member of a joint-claim couple notifies the employment officer (by whatever means) that he wishes to claim a jobseeker’s allowance jointly with the other member of that couple, the claim shall be treated as made on the relevant date specified in accordance with paragraphs (4ZB) to (4ZD).
4ZB
Where each member of a joint-claim couple is required to attend under regulation 4(6)(a) —
a
if each member subsequently attends for the purpose of jointly claiming a jobseeker’s allowance at the time and place specified by the employment officer and complies with the requirements of paragraph (4AA)(a), the claim shall be treated as made on whichever is the later of the first notification of intention to make that claim and the first day in respect of which the claim is made;
b
if, without good cause, either member fails to attend for the purpose of jointly claiming a jobseeker’s allowance at either the time or place so specified or does not comply with the requirements of paragraph (4AA)(a), the claim shall be treated as made on the first day on which a member of the couple attends at the specified place and complies with the requirements of paragraph (4AA)(a).
4ZC
Where only one member of the couple is required to attend under regulation 4(6)(a) —
a
subject to the following sub-paragraphs, the date on which the claim is made shall be the date on which a properly completed claim is received in an appropriate office or the first day in respect of which the claim is made, if later, provided the member of the couple who is required to attend under regulation 4(6)(a) does so attend;
b
where a properly completed form is received in an appropriate office within one month of first notification of intention to make that claim, the date of claim shall be the date of that notification;
c
if, without good cause, the member of the couple who is required to attend under regulation 4(6)(a) fails to attend for the purpose of making a claim at either the time or place so specified or does not comply with the requirements of paragraph (4AA), the claim shall be treated as made on the first day on which that member does attend at that place and does provide a properly completed claim.
4ZD
Where, as at the day on which a member of a joint-claim couple (“the first member”) notifies the employment officer in accordance with paragraph (4ZA), the other member of that couple is temporarily absent from Great Britain in the circumstances specified in regulation 50(6B) of the Jobseeker’s Allowance Regulations, the date on which the claim is made shall be the relevant date specified in paragraph (4ZB) or (4ZC) but nothing in this paragraph shall treat the claim as having been made on a day which is more than three months after the day on which the first member notified the employment officer in accordance with paragraph (4ZA).
;
b
in paragraph (4A) —
i
after the words “a person” there shall be inserted the words “who is not a member of a joint-claim couple”;
ii
in sub-paragraph (a), after the words “paragraph (4AA)” in both places where those words occur, there shall be inserted “(b)”;
c
for paragraph (4AA) , there shall be substituted the following paragraph —
4AA
Unless the Secretary of State otherwise directs, a properly completed claim form shall be provided —
a
in a case to which paragraph (4ZA) applies, at or before the time when a member of the joint-claim couple is first required to attend for the purpose of making a claim for a jobseeker’s allowance;
b
in any other case, at or before the time when the person making the claim for a jobseeker’s allowance is required to attend for the purpose of making a claim.
.
5
In regulation 19 (time for claiming benefit), after paragraph (7)(h) , there shall be added the following sub-paragraph —
i
in the case of a claim for a jobseeker’s allowance by a member of a joint-claim couple where the other member of that couple failed to attend at the time and place specified by the Secretary of State for the purposes of regulation 6.
.
6
In regulation 21 (direct credit transfer), after paragraph (5), there shall be inserted the following paragraph —
5A
In relation to payment of a joint-claim jobseeker’s allowance, references in this regulation to the person entitled to benefit shall be construed as references to the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act.
.
7
In regulation 30 (payments on death) —
a
in paragraph (2), for the words “paragraph (4)” there shall be substituted the words “paragraphs (4) and (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
In a case where a joint-claim jobseeker’s allowance has been awarded to a joint-claim couple and one member of that couple dies, the amount payable under that award shall be payable to the other member of that couple.
.
8
Regulation 34 (payment to another person on the beneficiary’s behalf) shall be renumbered regulation 34(1) and —
a
at the beginning of the renumbered regulation 34(1) there shall be inserted the words “Except in a case to which paragraph (2) applies,”;
b
after the renumbered paragraph (1) there shall be added the following paragraph —
2
The Secretary of State may direct that a joint-claim jobseeker’s allowance shall be paid wholly or in part to a natural person who is not the member of the joint-claim couple who is the nominated member for the purposes of section 3B of the Jobseekers Act if such a direction as to payment appears to the Secretary of State to be necessary for protecting the interests of the other member of that couple or, as the case may be, both members of that couple.
.
Amendment of the Social Security (Work-focused Interviews) Regulations 2000
3
In regulation 5 of the Social Security (Work-focused Interviews) Regulations 2000 (exemptions) —
a
in paragraph (1), at the beginning of both sub-paragraphs (b) and (c), there shall be inserted the words “except in a case to which paragraph (1A) applies,”;
b
after paragraph (1) there shall be inserted the following paragraph —
1A
Notwithstanding paragraph (1)(b) and (c), a claim for a specified benefit shall give rise to an interview under regulation 4 where —
a
at the time the claim is made, the person making the claim is a member of a joint-claim couple as defined for the purposes of the Jobseeker’s Allowance Regulations 1996 ; and
b
it has been decided that that person is a person to whom a paragraph of Schedule A1 to those Regulations applies (categories of members of joint-claim couples who are not required to satisfy the conditions in section 1(2B)(b) of the Jobseekers Act 1995).
.
Amendment of the Housing Benefit (General) Regulations 1987 and of the Council Tax Benefit (General) Regulations 1992
4
In regulation 2(3A) of both the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 (interpretation) —
a
after “19” in both places where that figure occurs there shall be inserted the words “or 20A”;
b
after sub-paragraph (b), there shall be added the following sub-paragraph —
c
in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Act 1995 and no joint-claim jobseeker’s allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of section 20A of that Act.
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
5
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 —
a
in regulation 3(6) (revision of decisions), after “19” there shall be inserted “or 20A”;
b
in regulation 6(2)(f) (supersession of decisions), after the word “Act” there shall be added the words “or ceases to be payable or is reduced by virtue of section 20A(5) of that Act”;
c
in regulation 7(8) (date from which a decision superseded under section 10 takes effect) —
i
in sub-paragraph (a), after “19(2)” there shall be inserted the words “or 20A(3)”;
ii
in sub-paragraph (b); after “19(3)” there shall be inserted the words “or 20A(4)”.
Amendment of the Social Security Benefit (Members of the Forces) Regulations 1975
6
In regulation 3 of the Social Security Benefit (Members of the Forces) Regulations 1975 (unemployment benefit) —
a
in paragraph (1), after “19” there shall be inserted the words “or 20A”;
b
in paragraph (2), after the words “Section 19(6)(b) and (d)” there shall be inserted the words “or section 20A(2)(e) and (g)”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
24th July 2000


text:
1
This Instrument may be cited as “The Essex County Council (Mayrose Bridge) Scheme 1999 Confirmation Instrument 2000” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Essex County Council (Mayrose Bridge) Scheme 1999 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department of the Environment, Transport and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of the Council of The Essex County Council at The Corporate Information Unit, ‘E’ Block, County Hall, Chelmsford.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
R. C. Dobbie
Regional Director, Government Office for the North East
28th September 2000


text:
Citation and commencement
1
This Order may be cited as the Data Protection (Subject Access Modification) (Health) Order 2000 and shall come into force on 1st March 2000.
Interpretation
2
In this Order —
“ the Act ” means the Data Protection Act 1998;
“the appropriate health professional” means —
the health professional who is currently or was most recently responsible for the clinical care of the data subject in connection with the matters to which the information which is the subject of the request relates; or
where there is more than one such health professional, the health professional who is the most suitable to advise on the matters to which the information which is the subject of the request relates; or
where —
there is no health professional available falling within paragraph (a) or (b), or
the data controller is the Secretary of State and data to which this Order applies are processed in connection with the exercise of the functions conferred on him by or under the Child Support Act 1991 and the Child Support Act 1995 or his functions in relation to social security or war pensions,
a health professional who has the necessary experience and qualifications to advise on the matters to which the information which is the subject of the request relates;
“care” includes examination, investigation, diagnosis and treatment;
“request” means a request made under section 7;
“section 7” means section 7 of the Act; and
“war pension” has the same meaning as in section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
Personal data to which Order applies
3
1
Subject to paragraph (2), this Order applies to personal data consisting of information as to the physical or mental health or condition of the data subject.
2
This Order does not apply to any data which are exempted from section 7 by an order made under section 38(1) of the Act.
Exemption from the subject information provisions
4
1
Personal data falling within paragraph (2) and to which this Order applies are exempt from the subject information provisions.
2
This paragraph applies to personal data processed by a court and consisting of information supplied in a report or other evidence given to the court by a local authority, Health and Social Services Board, Health and Social Services Trust, probation officer or other person in the course of any proceedings to which the Family Proceedings Courts (Children Act 1989) Rules 1991 , the Magistrates' Courts (Children and Young Persons) Rules 1992 , the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 , the Act of Sederunt (Child Care and Maintenance Rules) 1997 or the Children’s Hearings (Scotland) Rules 1996 apply where, in accordance with a provision of any of those Rules, the information may be withheld by the court in whole or in part from the data subject.
Exemptions from section 7
5
1
Personal data to which this Order applies are exempt from section 7 in any case to the extent to which the application of that section would be likely to cause serious harm to the physical or mental health or condition of the data subject or any other person.
2
Subject to article 7(1), a data controller who is not a health professional shall not withhold information constituting data to which this Order applies on the ground that the exemption in paragraph (1) applies with respect to the information unless the data controller has first consulted the person who appears to the data controller to be the appropriate health professional on the question whether or not the exemption in paragraph (1) applies with respect to the information.
3
Where any person falling within paragraph (4) is enabled by or under any enactment or rule of law to make a request on behalf of a data subject and has made such a request, personal data to which this Order applies are exempt from section 7 in any case to the extent to which the application of that section would disclose information —
a
provided by the data subject in the expectation that it would not be disclosed to the person making the request;
b
obtained as a result of any examination or investigation to which the data subject consented in the expectation that the information would not be so disclosed; or
c
which the data subject has expressly indicated should not be so disclosed,
provided that sub-paragraphs (a) and (b) shall not prevent disclosure where the data subject has expressly indicated that he no longer has the expectation referred to therein.
4
A person falls within this paragraph if —
a
except in relation to Scotland, the data subject is a child, and that person has parental responsibility for that data subject;
b
in relation to Scotland, the data subject is a person under the age of sixteen, and that person has parental responsibilities for that data subject; or
c
the data subject is incapable of managing his own affairs and that person has been appointed by a court to manage those affairs.
Modification of section 7 relating to data controllers who are not health professionals
6
1
Subject to paragraph (2) and article 7(3), section 7 of the Act is modified so that a data controller who is not a health professional shall not communicate information constituting data to which this Order applies in response to a request unless the data controller has first consulted the person who appears to the data controller to be the appropriate health professional on the question whether or not the exemption in article 5(1) applies with respect to the information.
2
Paragraph (1) shall not apply to the extent that the request relates to information which the data controller is satisfied has previously been seen by the data subject or is already within the knowledge of the data subject.
Additional provision relating to data controllers who are not health professionals
7
1
Subject to paragraph (2), article 5(2) shall not apply in relation to any request where the data controller has consulted the appropriate health professional prior to receiving the request and obtained in writing from that appropriate health professional an opinion that the exemption in article 5(1) applies with respect to all of the information which is the subject of the request.
2
Paragraph (1) does not apply where the opinion either —
a
was obtained before the period beginning six months before the relevant day (as defined by section 7(10) of the Act) and ending on that relevant day, or
b
was obtained within that period and it is reasonable in all the circumstances to re-consult the appropriate health professional.
3
Article 6(1) shall not apply in relation to any request where the data controller has consulted the appropriate health professional prior to receiving the request and obtained in writing from that appropriate health professional an opinion that the exemption in article 5(1) does not apply with respect to all of the information which is the subject of the request.
Further modifications of section 7
8
In relation to data to which this Order applies —
a
section 7(4) of the Act shall have effect as if there were inserted after paragraph (b) of that subsection
or,
c
the information is contained in a health record and the other individual is a health professional who has compiled or contributed to the health record or has been involved in the care of the data subject in his capacity as a health professional
.
b
section 7(9) shall have effect as if —
i
there was substituted —
9
If a court is satisfied on the application of —
a
any person who has made a request under the foregoing provisions of this section, or
b
any other person to whom serious harm to his physical or mental health or condition would be likely to be caused by compliance with any such request in contravention of those provisions,
that the data controller in question is about to comply with or has failed to comply with the request in contravention of those provisions, the court may order him not to comply or, as the case may be, to comply with the request.
; and
ii
the reference therein to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in this Order.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
17th February 2000


text:
1
The Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 4) Order 2000.
2
The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall come into force on 4th September 2000:
a
section 34 (complainants in proceedings for sexual offences);
b
section 35 (child complainants and other child witnesses);
c
section 38 (defence representation for purposes of cross-examination);
d
section 39 (warning to jury);
e
section 40 (funding of defence representation);
f
subject to article 3 below, in Schedule 6 (repeals), the entry relating to section 34A of the Criminal Justice Act 1988 ; and
g
paragraph 4 of Schedule 7.
3
The repeal of section 34A of the Criminal Justice Act 1988 shall not affect the operation of that section in relation to proceedings instituted before 4th September 2000.
Paul Boateng
Minister of State
Home Office
29th July 2000


text:
1
This Order may be cited as the Value Added Tax (Charities and Aids for the Handicapped) Order 2000 and shall come into force on 1st April 2000 and shall have effect in relation to supplies made on or after that date.
2
Group 12 (zero-rating for drugs, medicines, aids for the handicapped, etc. ) of Schedule 8 to the Value Added Tax Act 1994 shall be varied in accordance with articles 3 and 4 below.
3
For item 11 there shall be substituted —
11
The supply to a charity of a service of providing, extending or adapting a bathroom, washroom or lavatory for use by handicapped persons —
a
in residential accommodation, or
b
in a day-centre where at least 20 per cent. of the individuals using the centre are handicapped persons,
where such provision, extension or adaptation is necessary by reason of the condition of the handicapped persons.
.
4
After Note (5I) there shall be inserted —
5J
For the purposes of item 11 “residential accommodation” means —
a
a residential home, or
b
self-contained living accommodation,
provided as a residence (whether on a permanent or temporary basis or both) for handicapped persons, but does not include an inn, hotel, boarding house or similar establishment or accommodation in any such type of establishment.
5K
In this Group “washroom” means a room that contains a lavatory or washbasin (or both) but does not contain a bath or a shower or cooking, sleeping or laundry facilities.
.
5
Group 15 (zero-rating for charities etc.) of Schedule 8 to the Value Added Tax Act 1994 shall be varied in accordance with articles 6 to 9 below.
6
For items 1 and 2 there shall be substituted —
1
The sale, or letting on hire, by a charity of any goods donated to it for —
a
sale,
b
letting,
c
sale or letting,
d
sale or export,
e
letting or export, or
f
sale, letting or export.
1A
The sale, or letting on hire, by a taxable person of any goods donated to him for —
a
sale,
b
letting,
c
sale or letting,
d
sale or export,
e
letting or export, or
f
sale, letting or export,
if he is a profits-to-charity person in respect of the goods.
2
The donation of any goods for any one or more of the following purposes —
a
sale by a charity or a taxable person who is a profits-to-charity person in respect of the goods;
b
export by a charity or such a taxable person;
c
letting by a charity or such a taxable person.
.
7
For item 8 there shall be substituted —
8
The supply to a charity of a right to promulgate an advertisement by means of a medium of communication with the public.
8A
A supply to a charity that consists in the promulgation of an advertisement by means of such a medium.
8B
The supply to a charity of services of design or production of an advertisement that is, or was intended to be, promulgated by means of such a medium.
8C
The supply to a charity of goods closely related to a supply within item 8B.
.
8
For Note (1) there shall be substituted —
1
Item 1 or 1A does not apply unless the sale or letting —
a
takes place as a result of the goods having been made available —
i
to two or more specified persons, or
ii
to the general public,
for purchase or hire (whether so made available in a shop or elsewhere), and
b
does not take place as a result of any arrangements (whether legally binding or not) relating to the goods and entered into, before the goods were made so available, by —
i
each of the parties to the sale or letting, or
ii
the donor of the goods and either or both of those parties.
1A
For the purposes of items 1, 1A and 2, goods are donated for letting only if they are donated for —
a
letting, and
b
re-letting after the end of any first or subsequent letting, and
c
all or any of —
i
sale,
ii
export, or
iii
disposal as waste,
if not, or when no longer, used for letting.
1B
Items 1 and 1A do not include (and shall be treated as having not included) any sale, or letting on hire, of particular donated goods if the goods, at any time after they are donated but before they are sold, exported or disposed of as waste, are whilst unlet used for any purpose other than, or in addition to, that of being available for purchase, hire or export.
1C
In Note (1) “specified person” means a person who —
a
is handicapped, or
b
is entitled to any one or more of the specified benefits, or
c
is both handicapped and so entitled.
1D
For the purposes of Note (1C) the specified benefits are —
a
income support under Part VII of the Social Security Contributions and Benefits Act 1992 or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
b
housing benefit under Part VII of the Social Security Contributions and Benefits Act 1992 or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
c
council tax benefit under Part VII of the Social Security Contributions and Benefits Act 1992;
d
an income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 or article 3(4) of the Jobseekers (Northern Ireland) Order 1995 ;
e
working families' tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ; and
f
disabled person’s tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 or Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
1E
For the purposes of items 1A and 2 a taxable person is a “profits-to-charity” person in respect of any goods if —
a
he has agreed in writing (whether or not contained in a deed) to transfer to a charity his profits from supplies and lettings of the goods, or
b
his profits from supplies and lettings of the goods are otherwise payable to a charity.
1F
In items 1, 1A and 2, and any Notes relating to any of those items, “goods” means goods (and, in particular, does not include anything that is not goods even though provision made by or under an enactment provides for a supply of that thing to be, or be treated as, a supply of goods).
.
9
After note (10) there shall be inserted —
10A
Neither of items 8 and 8A includes a supply where any of the members of the public (whether individuals or other persons) who are reached through the medium are selected by or on behalf of the charity.
For this purpose “selected” includes selected by address (whether postal address or telephone number, e-mail address or other address for electronic communications purposes) or at random.
10B
None of items 8 to 8C includes a supply used to create, or contribute to, a website that is the charity’s own.
For this purpose a website is a charity’s own even though hosted by another person.
10C
Neither of items 8B and 8C includes a supply to a charity that is used directly by the charity to design or produce an advertisement.
.
David Jamieson
Jim Dowd
Two of the Lord Commissioners of Her Majesty’s Treasury
21st March 2000


text:
Citation and commencement
1
This Order may be cited as the Northern Ireland Act 1998 (Modification) Order 2000 and shall come into force on 13th April 2000.
Modification of the Northern Ireland Act 1998
2
In subsection (6) of section 87 of the Northern Ireland Act 1998 at the end there shall be added the following paragraph–
n
the Welfare Reform and Pensions Act 1999 and the Welfare Reform and Pensions (Northern Ireland) Order 1999
.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nelson and West Merton Primary Care Trust (Establishment) Order 2000 and shall come into force on 16th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Nelson and West Merton Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Nelson and West Merton Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive, Director of Finance, Clinical Director, Public Health and Health Promotion Advisor and Nurse Director;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
one person appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Merton, Sutton and Wandsworth Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members 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 members of the trust;
c
liability for the remuneration of officers of 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 its operational date.
3
The Merton, Sutton and Wandsworth Health Authority shall make officers available to the trust during the preparatory period.
4
The South West London Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
5th February 2000


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Health Education Authority (Abolition) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the Agency” means the Health Development Agency established by the Health Development Agency (Establishment and Constitution) Order 1999 ;
“the Authority” means the Health Education Authority established by the Health Education Authority (Establishment and Constitution) Order 1987 ;
“designated officer” means an officer mentioned in the list marked “The Health Education Authority (Abolition) Order 2000 (Transfer of Officers to the Lambeth, Southwark and Lewisham Health Authority) List of Designated Officers” signed on behalf of the Secretary of State on 9th March 2000 ;
“the Property Rights and Liabilities Agreement” means the agreement relating to the transfer of property, rights and liabilities signed on behalf of the Secretary of State and the Lambeth, Southwark and Lewisham Health Authority and dated 9th March 2000 .
3
This Order extends to England and Wales .
Abolition of the Authority and revocation of Orders
2
The Authority is hereby abolished and the Health Education Authority (Establishment and Constitution) Order 1987 and the Health Education Authority (Establishment and Constitution) Amendment Order 1991 are hereby revoked.
Transfer of Staff
3
1
Subject to paragraph (2), any person who, immediately before the coming into force of this Order, was an officer of the Authority shall, on the coming into force of this Order, be transferred to the employment of the relevant new employer.
2
This regulation shall not apply to an officer of the Authority whose contract of employment terminates on the day immediately preceding the coming into force of this Order.
3
The contract of employment of an officer transferred under paragraph (1) —
a
is not terminated by the transfer, and
b
has effect from the time of the transfer as if originally made between the officer and the relevant new employer.
4
Without prejudice to paragraph (3) —
a
any right or liability of the Authority under or in connection with the officer’s contract of employment shall by virtue of this paragraph be transferred to the relevant new employer;
b
anything done before the date of the transfer by or in relation to the Authority in respect of the officer or the contract of employment shall be deemed from that time to have done by or in relation to the relevant new employer.
5
Paragraphs (1), (3) and (4) do not transfer an officer’s contract of employment, or any right or liability under or in connection with it, if he informs the Authority or the relevant new employer that he objects to the transfer.
6
Where an officer objects as mentioned in sub-paragraph (5) his contract of employment with the Authority shall be treated as having been terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by the Authority.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that the identify of his employer changes unless the officer shows, that, in all the circumstances, the change is a significant change and is to his detriment.
8
For the purposes of this article, the relevant new employer is —
a
in the case of a designated officer, the Lambeth, Southwark and Lewisham Health Authority;
b
in any other case, the Agency.
Transfer of property, rights and liabilities
4
1
Subject to paragraph (2), the property rights and liabilities of the Authority specified in the Property Rights and Liabilities Agreement shall be transferred to the Lambeth, Southwark and Lewisham Health Authority.
2
Any copyright or other intellectual property of the Authority and any right or liability relating to it shall be transferred to the Secretary of State on behalf of the Crown.
3
Any other property right or liability of the Authority shall be transferred to the Agency.
Winding-up of affairs of the Authority
5
It shall be the duty of the Agency to take such action as may be necessary for the winding-up of the affairs of the Authority, including the preparation of the outstanding accounts of the Authority and the performance of all statutory duties relating to those accounts.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State,
Department of Health
9th March 2000


text:
This Order may be cited as The Professions Supplementary to Medicine (Registration) (Amendment) Rules Order of Council 2000 and shall come into force on 1st December 2000.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Teachers' Pensions (Sharing of Pensions on Divorce or Annulment) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1997 Regulations ” means the Teachers' Pensions Regulations 1997 , and
“the 1994 Regulations ” means the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 .
Amendments to the 1997 Regulations
2
1
There shall be inserted after Part H of the 1997 Regulations the Part contained in Schedule 1.
2
The definitions in Schedule 2 shall be inserted in the appropriate place in alphabetical order in Schedule 1 to the 1997 Regulations.
3
Further amendments to the 1997 Regulations are contained in Schedule 3.
Amendments to the 1994 Regulations
3
1
After regulation 13 of the 1994 Regulations there shall be inserted the regulation contained in Schedule 4.
2
Further amendments to the 1994 Regulations are contained in Schedule 5.


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 4) Order 2000 and shall come into force on 31st August 2000.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
2
In Article 8(5) of the principal Order, the words after “Compliance Unit,” shall be replaced by the words “the Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.”.
3
1
The following amendments shall be made in Part III of Schedule 1 to the principal Order.
2
In entry PL 5031.a., the word “utility” shall be deleted.
3
Entry PL 5001.c. shall be replaced by the following text —
c
Restraints specially designed for restraining human beings, as follows:
1
Leg-irons;
2
Gangchains;
3
Electric shock belts;
4
Shackles having a maximum locked dimension exceeding 240mm overall (i.e., including cuffs and connecting chain);
5
Individual cuffs having an internal perimeter dimension when fully locked exceeding 165mm and shackles made therewith.
.
Stephen Byers,
Secertary of State for Trade and Industry
4th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Rushcliffe (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 —
“borough” means the borough of Rushcliffe;
“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 Rushcliffe (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Rushcliffe
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-eight wards, which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bingham
3
The parish of Bingham shall be divided into two parish wards which shall bear the names Bingham East and Bingham West; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Radcliffe-on-Trent
4
1
The existing wards of the parish of Radcliffe-on-Trent shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be nine.
Numbers of parish councillors
5
1
The number of councillors to be elected for the parish of Gamston shall be seven.
2
The number of councillors to be elected for the parish of Holme Pierrepoint shall be three.
Revocation
6
The Borough of Rushcliffe (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
15th December 2000


text:
Commencement and citation
1
These regulations may be cited as the Employment Zones (Amendment) Regulations 2000 and shall come into force on the 5th June 2000.
Amendment of the Employment Zones Regulations 2000
2
The Employment Zones Regulations 2000 shall be amended in accordance with the following paragraphs of this regulation.
1
In regulation 3 (Areas designated as employment zones) for the words “ wards and electoral divisions” there shall be substituted the words “ districts, London boroughs, counties and county boroughs” and there shall be added at the end of the regulation the words “as the boundaries to those districts, London boroughs, counties and county boroughs stand on the 5th June 2000”.
2
For the schedule to the regulations there shall be substituted the schedule hereto.
Tessa Jowell
Minister of State,
Department for Education and Employment
10th May 2000