text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Authorities (Establishment and Abolition) (England) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the 1977 Act ” means the National Health Service Act 1977;
“the material date” means 1st April 2001;
“the new Authorities” means the Health Authorities established by this Order, which are specified in Schedule 1 to this Order;
“the old Authorities” means the Health Authorities specified in column (1) of Schedule 2 to this Order;
“the principal Order ” means the Health Authorities (England) Establishment Order 1996 ;
“the relevant new Authority” means, in relation to any old Authority specified in column (1) of Schedule 2 to this Order, the new Authority which is specified in column (2) of that Schedule in relation to that old Authority.
Abolition of Health Authorities
2
The old Authorities are hereby abolished, and accordingly their names and the description of their areas are omitted from columns (1) and (2) of the Schedule to the principal Order.
Establishment, names and areas of the new Authorities
3
For each of the areas described in column (2) of Schedule 1 to this Order there is established a Health Authority which shall be known by the name specified in column (1) of that Schedule in relation to that area.
Transfer of staff
4
1
Subject to paragraph (2), this article applies to any person who, immediately before the material date, was employed by any of the old Authorities.
2
This article does not apply to any person who is to be transferred on the material date to a Primary Care Trust by an order under paragraph 23(1) of Schedule 5A to the 1977 Act .
3
The persons to whom this article applies shall be transferred on the material date from the old Authorities to the employment of the relevant new Authorities.
4
The contract of employment of a person to whom this article applies is not terminated by the transfer under paragraph (3) above and has effect from the material date as if originally made between that person and the relevant new Authority.
5
Without prejudice to paragraph (4) above —
a
all the rights, powers, duties and liabilities of the old Authority from which an employee is transferred under paragraph (3) above under or in connection with his contract of employment shall by virtue of this paragraph be transferred to the relevant new Authority; and
b
anything done before the material date by or in relation to the old Authority from which he is so transferred in respect of the employee or the contract of employment shall be deemed from that date to have been done by or in relation to the new Authority to which he is transferred.
6
Paragraphs (4) and (5) above do not transfer a person’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old Authority from which they would be transferred that he objects to the transfer.
7
Where a person objects as mentioned in paragraph (6) above, his contract of employment with the old Authority from which he would be transferred shall be terminated immediately before the material date; but he shall not be treated, for any purpose, as having been dismissed by that Authority.
8
This article is without prejudice to any right of a person to which this article applies 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 only by reason that, under this article, the identity of his employer changes unless the person shows that, in all the circumstances, the change is a significant change and is to his detriment.
Transfer of property, rights and liabilities
5
1
Subject to paragraph (2) below, all the property, rights and liabilities of the old Authorities, not mentioned in article 4 above, are transferred in each case from the old Authority in question to the relevant new Authority.
2
Paragraph (1) above does not apply to any property, rights or liabilities which are to be transferred on the material date to a Primary Care Trust by an order under paragraphs 21(1) or 23(1) of Schedule 5A to the 1977 Act.
Accounts of old Authorities
6
Any duty imposed on any of the old Authorities by or under section 98 of the 1977 Act, but not performed by the material date, shall be performed by the relevant new Authority.
Winding up of affairs of old Authorities
7
It is the duty of each new Authority to take such action as may be necessary for the winding up of the affairs of any old Authority in relation to which it is the relevant new Authority.
Provision for continuity in the exercise of functions
8
1
Anything duly done by, and any application duly made by, or any direction, authorisation or notice given to or by any of the old Authorities in relation to any of its property, rights or liabilities shall be deemed to have been duly done by or made by or given to or by the relevant new Authority.
2
Any instrument made by any of the old Authorities continues in force in relation to the relevant new Authority until it is varied or revoked by the relevant new Authority.
3
Any form supplied by any of the old Authorities, or any form supplied by the Secretary of State in relation to any of the old Authorities continues to be a valid form in relation to the relevant new Authority until it is cancelled or withdrawn by the Secretary of State or the relevant new Authority, as if any reference contained in that form to the old Authority in question were a reference to the relevant new Authority.
Investigation of complaints by the Health Service Commissioner
9
1
A complaint made under the Health Service Commissioners Act 1993 to the Health Service Commissioner for England in relation to any of the old Authorities, whether made before, on or after the material date may be investigated by the Commissioner notwithstanding the abolition of the old Authorities as if the complaint has been made in relation to the relevant new Authority.
2
The Health Service Commissioner for England, where he conducts such an investigation, shall send a report of the result of his investigation to the relevant new Authority.
Amendment of the principal Order
10
1
In column (1) of the Schedule to the principal Order, the name of each new Authority is inserted at the appropriate place.
2
In column (2) of that Schedule, opposite each such name, there is inserted the description of the area for which, by virtue of article 3 of this Order, the Authority of that name is established.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th March 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Acquire) (Discount) Order 2001 and shall come into force on 18th May 2001.
2
In this Order “area” means “county” or “district” as defined by section 270 of the Local Government Act 1972 , a London borough or the City of London.
Amount of Discount
2
1
Subject to paragraph (2), in relation to a dwelling in an area specified in Column 1 of the Schedule to this Order, the sum specified in Column 2 of that Schedule is the specified amount of discount for the purposes of section 17(1)(a) of the Housing Act 1996 (the right to acquire).
2
Where the amount of discount under paragraph (1) is greater than 50% of the value of the dwelling at the relevant time determined in accordance with section 127 of the Housing Act 1985 , as it applies by virtue of regulation 2(1) of the Housing (Right to Acquire) Regulations 1997 , the amount of discount shall be 50% of the value so determined of the dwelling.
Revocation
3
The Housing (Right to Acquire) (Discount) Order 2000 is hereby revoked.
Application
4
Articles 1 to 3 of this Order do not apply in a case where a notice has been served claiming to exercise the right to acquire before this Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
19th April 2001


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 3) Order 2001 and shall come into force on 1st November 2001.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 1st November 2001.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Lichfield (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Lichfield;
“existing”, in relation to a ward, means the ward as its exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Lichfield (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Lichfield
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six 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, parish wards, or parishes and 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 Burntwood
3
1
The existing wards of the parish of Burntwood shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names All Saints, Boney Hay, Burntwood Central, Chasetown, Chase Terrace, Highfield and Summerfield; the parish wards of All Saints, Boney Hay, Burntwood Central, Chase Terrace, Highfield and Summerfield shall comprise the area of the district wards of the same name, and the Chasetown parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of All Saints, Boney Hay, Burntwood Central, Chasetown, Highfield and Summerfield parish wards shall be three, and for the Chase Terrace parish ward shall be four.
Wards of the parish of Drayton Bassett
4
The parish of Drayton Bassett shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hammerwich
5
1
The existing wards of the parish of Hammerwich shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Hammerwich, Pool and Triangle; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Triangle parish ward shall be seven, for the Hammerwich parish ward shall be three and for the Pool parish ward shall be one.
Wards of the city of Lichfield
6
1
The existing wards of the city of Lichfield shall be abolished.
2
The parish shall be divided into six city wards which shall bear the names Boley Park, Chadsmead, Curborough, Leomansley, St John’s and Stowe; and each city ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Boley Park, Curborough, Leomansley, St John’s and Stowe city wards shall be five, and for the Chadsmead city ward shall be three.
Number of parish councillors
7
The number of parish councillors to be elected for the parish of Longdon shall be eleven, of whom three shall be elected for the parish ward of Gentleshaw and eight for the parish ward of Longdon.
Revocation
8
The District of Lichfield (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2001


text:
1
This Order may be cited as the Education (Designated Institutions) (No. 2) Order 2001 and shall come into force on 1st August 2001.
2
The institution which is specified in the Schedule to this Order, being an institution which appears to the Secretary of State to fall within subsection (2) of section 129 of the Education Reform Act 1988, is hereby designated as an institution eligible to receive support from funds administered by the Higher Education Funding Council for England.
Margaret Hodge
Minister of State,
Department for Education and Skills
21st June 2001


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (The London Stock Exchange) Regulations 2001 and shall come into force on 26th February 2001.
Interpretation
2
In these Regulations unless the context otherwise requires —
“Board of directors” means the Board of directors of London Stock Exchange plc;
“clearing participant” means a member (as defined by this regulation) who is also a member of The London Clearing House Limited and who as such is permitted by the Board of directors and that clearing house to clear transactions made on the Exchange for a traded security;
“client” means a person who gives instructions to a participant for equity securities to be purchased or, as the case may be, sold on the Exchange;
“equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued or raised by a company not incorporated in the United Kingdom unless —
they are registered in a register kept in the United Kingdom by or on behalf of the company, or
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom;
“the Exchange” means the London Stock Exchange;
“member” in relation to London Stock Exchange plc means a person approved by the Board of directors as a participant;
“nominee” means a person whose business is or includes holding equity securities as a nominee for The London Clearing House Limited acting in its capacity as a person providing clearing services in connection with a transaction made on the Exchange, or as a nominee for a clearing participant (as the case may be);
“non-clearing participant” means a participant other than a clearing participant;
“participant” means a participant in the Exchange;
“section 117” means section 117 of the Finance Act 1991.
Prescribed persons for the purposes of section 117
3
For the purposes of section 117 —
a
The London Clearing House Limited is a recognised clearing house which is prescribed;
b
London Stock Exchange plc is a recognised investment exchange which is prescribed and, in relation to that exchange, a member who is a clearing participant is prescribed as a description of member of that exchange.
Prescribed circumstances for the purposes of section 117
4
1
In the circumstances prescribed by paragraph (2) below, a charge to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed are where, in connection with a transaction made on the Exchange —
a
equity securities of a particular kind are agreed to be transferred —
i
from a clearing participant or a nominee of a clearing participant to another clearing participant or nominee, or
ii
from a non-clearing participant or a client to a clearing participant or a nominee of a clearing participant, or
iii
from a clearing participant or a nominee of a clearing participant to The London Clearing House Limited or to a nominee of that clearing house, or
iv
from a person other than a clearing participant to The London Clearing House Limited or to a nominee of that clearing house, as a result of a failure by a clearing participant to fulfil his obligations in respect of the transaction concerned to transfer equity securities to The London Clearing House Limited or to a nominee of that clearing house, or
v
from The London Clearing House Limited or a nominee of that clearing house to a clearing participant or a nominee of a clearing participant; and
b
the person to whom those securities are agreed to be transferred under any of the agreements specified in sub-paragraph (a) above (“the relevant agreement”) is required on receipt of those shares to transfer equity securities under a matching agreement to another person or, in the case of an agreement falling within paragraph (iv) of that sub-paragraph, would have been so required if the failure referred to in that paragraph had not occurred.
3
In paragraph (2) above —
a
“matching agreement” means an agreement under which —
i
the equity securities agreed to be transferred are of the same kind as the equity securities agreed to be transferred under the relevant agreement, and
ii
the number and transfer price of the equity securities agreed to be transferred are identical to the number and transfer price of the equity securities agreed to be transferred under the relevant agreement;
b
references to The London Clearing House Limited are references to that clearing house in its capacity as a person providing clearing services in connection with a transaction made on the Exchange;
c
references to a clearing participant are references to a clearing participant in his capacity as such.
Consequential provision
5
1
Equity securities which are the subject of an agreement specified in regulation 4(2)(a) shall be dealt with by a clearing participant who is a party to the agreement in a separate designated account, and not otherwise.
2
In paragraph (1) above “designated account” means an account designated by The London Clearing House Limited for a clearing participant in connection with the equity securities concerned.
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
1st February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Forest of Dean (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Forest of Dean;
“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 Forest of Dean (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 Forest of Dean
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven 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 and 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.
Elections of the council of the district of Forest of Dean
3
1
The ordinary elections of all councillors of the district of Forest of Dean shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Cinderford
4
The parish shall be divided into two parish wards which shall bear the names Cinderford East and Cinderford West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the Cinderford East parish ward shall be six, and for the Cinderford West parish ward shall be nine.
Wards of the parish of Coleford
5
The parish shall be divided into two parish wards which shall bear the names Coleford Central and Coleford East; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the Coleford Central parish ward shall be five, and for the Coleford East parish ward shall be eight.
Wards of the parish of Drybrook
6
The parish of Drybrook shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Lydney
7
1
The parish of Lydney shall be divided into three parish wards which shall bear the names Lydney East, Lydney North and Lydney West; the parish wards of Lydney East and Lydney North shall comprise the area of the district wards of the same name, and the Lydney West parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the Lydney East parish ward shall be nine, and for the Lydney North and Nydney West parish wards shall be three.
Wards of the parish of Newent
8
1
The existing wards of the parish of Newent shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of West Dean
9
1
The existing wards of the parish of West Dean shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
10
The District of Forest of Dean (Electoral Arrangements) Order 1980 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
30th November 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Controllers) (Exemption) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
Friendly societies
2
1
In any case where a person (“the acquirer”) —
a
proposes to take, in relation to a relevant friendly society, such a step as is mentioned in section 178(1) of the Act, or
b
acquires control, an additional kind of control or an increase in a relevant kind of control (in each case, within the meaning of Part XII of the Act) over a relevant friendly society without himself taking any such step,
the acquirer is exempt from any obligation imposed by section 178 of the Act to notify the Authority of his proposal or acquisition.
2
In any case where a controller of a relevant friendly society —
a
proposes to take, in relation to that relevant friendly society, such a step as is mentioned in section 190(1) of the Act, or
b
ceases to have or reduces a relevant kind of control (within the meaning of Part XII of the Act) over that relevant friendly society without himself taking any such step,
the controller is exempt from any obligation imposed by section 190 of the Act to notify the Authority.
3
In this article, “relevant friendly society” means any UK authorised person (within the meaning of Part XII of the Act) who is a friendly society to which neither subsection (2) nor (3) of section 37 of the Friendly Societies Act 1992 applies.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2001


text:
Citation, extent and commencement
1
This Order, which extends to England only, may be cited as the Non-Domestic Rating (Former Agricultural Premises) (England) Order 2001 and shall come into force on 15th August 2001.
Rateable value limits
2
£6,000 is the amount prescribed as the amount of rateable value for the purposes of section 43(6F)(b) (mandatory relief on former agricultural premises) of the Local Government Finance Act 1988.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
17th July 2001


text:
Citation and commencement
1
This Order, which extend to England only, may be cited as the Non-Domestic Rating (Rural Settlements) (England) (Amendment) Order 2001 and shall come into force on 5th April 2001.
Amendment to rateable value limits
2
For article 3(1) of the Non-Domestic Rating (Rural Settlements) (England) Order 1997 there shall be substituted the following:
3
1
The amount prescribed as the maximum amount of the rateable value for the purposes of section 43(6B)(b) (mandatory relief for certain hereditaments) of the 1988 Act shall be —
a
in the case of a hereditament a part or the whole of which is used as a public house or petrol filling station (as each is defined in article 1(2) of the Non-Domestic Rating (Public Houses and Petrol Filling Stations) (England) Order 2001 ), £9,000:
b
in the case of any other hereditament, £6,000.
.
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
4th April 2001


text:
Citation
1
These Regulations may be cited as the Competition Act 1998 (Section 11 Exemption) Regulations 2001 and shall come into force on 30th September 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Competition Act 1998;
“the Community prohibition” means the prohibition contained in —
paragraph 1 of Article 81 of the Treaty;
any corresponding provision replacing, or otherwise derived from, that provision;
“the Director’s rules” means the Director’s rules set out in the Schedule to the Competition Act 1998 (Director’s rules) Order 2000 ;
“the enforcement regulations ” means the EC Competition Law (Articles 84 and 85) Enforcement Regulations 2001 .
Exemption
3
1
The prescribed circumstances in which agreements in relation to which a ruling may be given by virtue of Article 84 of the Treaty are exempt from the Chapter I prohibition are —
a
that an agreement is exempt from the Community prohibition by virtue of a decision by the Director under the enforcement regulations; and
b
that the Director has not found that an agreement which would otherwise benefit from a section 11 exemption has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.
2
A section 11 exemption —
a
subject to paragraph (3), takes effect on the date on which the relevant exemption from the Community prohibition takes effect, and
b
ceases to have effect on the date on which —
i
a cancellation of the relevant exemption from the Community prohibition pursuant to the enforcement regulations takes effect;
ii
the relevant exemption from the Community prohibition otherwise ceases to have effect; or
iii
a finding is made by the Director that the agreement to which the relevant exemption relates has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act.
3
A section 11 exemption may, if the Director considers it appropriate and so determines, take effect from a date specified by the Director which is earlier than the date on which the exemption from the Community prohibition takes effect.
4
The Director shall not make a finding that the agreement to which the relevant exemption relates has effects in the United Kingdom, or a part of it, which are incompatible with the conditions laid down in section 9 of the Act unless he does so in the manner specified in rule 21 of the Director’s rules.
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
28th August 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) (Amendment) Order 2001, and comes into force on 5th December 2001.
Amendment of the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001
2
The Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001 is amended by inserting, after article 4 —
4A
There is prescribed, as a market to which section 118 of the Act applies, the market known as OFEX.
Tony McNulty
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheltenham and Tewkesbury Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“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 Cheltenham and Tewkesbury Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Cheltenham and Tewkesbury Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
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, 5 officer members and 5 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 the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
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
6
1
The Gloucestershire 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 Gloucestershire Health Authority shall make premises and other facilities of the Authority available to the trust during the preparatory period.
4
The Severn 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.
5
The East Gloucestershire 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.
6
The Gloucestershire Royal 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.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
These Regulations may be cited as the Proscribed Organisations (Applications for Deproscription) Regulations 2001 and shall come into force on 19th February 2001.
Interpretation
2
In these Regulations —
“the 2000 Act ” means the Terrorism Act 2000; and
“an application” means an application to the Secretary of State for the exercise of his power under section 3(3)(b) of the 2000 Act to remove an organisation from Schedule 2 to that Act.
Application for deproscription
3
1
An application may be made at any time after the organisation in question has been proscribed.
2
An application must be made in writing and must state —
a
the name of the organisation to which the application relates;
b
whether the application is being made by the organisation or by a person affected by the organisation’s proscription; and
c
the grounds on which the application is being made.
Application by organisation — additional information
4
Where the application is being made by the organisation the application must also state:
a
the name and address of the person submitting the application; and
b
the position which he holds in the organisation or his authority to act on behalf of the organisation, and must be signed by him.
Application by person affected by proscription — additional information
5
Where the application is made by a person affected by the organisation’s proscription the application must also state —
a
the manner in which the applicant is so affected; and
b
the applicant’s name and address, and must be signed by him.
Address for sending or delivery
6
An application must be sent or delivered to the Organised and International Crime Directorate of the Home Office.
Change of Address
7
The person whose name and address are stated under regulation 4(a) or 5(b) above must inform the Secretary of State if the address changes.
Period of Determination
8
The Secretary of State shall determine an application within a period of 90 days from (but excluding) the day on which he receives the application.
Refusal to deproscribe
9
Where the Secretary of State refuses an application he shall immediately in writing inform the applicant of his refusal and notify the applicant of the procedures for appealing against the refusal to the Proscribed Organisations Appeals Commission.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
20th January 2001


text:
1
1
This Order may be cited as the A249 Trunk Road (Neatscourt Roundabout to Queenborough Improvement) Order 2001 and shall come into force on 5 July 2001.
2
In this Order measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/299 marked “The A249 Trunk Road (Neatscourt Roundabout to Queenborough Improvement) Order 2001” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure, or prescription, the Secretary of State shall be under no duty to maintain the part in question.
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
David W. Ward
Divisional Director Project Services Highways Agency
13 June 2001


text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 2001/02) (England) Regulations 2001 and shall come into force on 1st April 2001.
Rate of discount
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 2001 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 7.5 per cent.
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
13th February 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 2) Order 2001 and shall come into force on 31st March 2001.
2
This Order extends to England only .
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State for the Environment, Transport and the Regions to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England:
NewSchools (Cornwall) Limited ; and
United Waste Services (South Gloucestershire) Limited .
Restrictions on agreements — NewSchools (Cornwall) Limited
3
Agreements which may be entered into by NewSchools (Cornwall) Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods and services to NewSchools (Cornwall) Limited by Cornwall County Council; and
b
that any such agreements are made in connection with the provision of education services in the area of Cornwall County Council.
Restrictions on agreements — United Waste Services (South Gloucestershire) Limited
4
Agreements which may be entered into by United Waste Services (South Gloucestershire) Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods and services to United Waste Services (South Gloucestershire) Limited by South Gloucestershire Council; and
b
that any such agreements are made in connection with the provision of waste management services in the area of South Gloucestershire Council.
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
5th March 2001


text:
Title, extent and commencement
2
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) (Amendment) (No. 2) Regulations 2001; they extend to England and come into force at 11.45 p.m. on 18th May 2001.
Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) Regulations 2001
2
1
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) Regulations 2001 are amended in accordance with this regulation.
2
In paragraph (2) of regulation 1 of those Regulations, for “18th May 2001”, substitute “19th June 2001”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
18th May 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Child Minding and Day Care (Applications for Registration) (England) Regulations 2001 and shall come into force on 2nd July 2001.
2
These Regulations extend only to England.
Interpretation
2
In these Regulations —
“date of birth” means in the case of a corporate body the date of incorporation;
“person in charge” means in relation to day care the individual appointed as the person in charge of providing actual day care by the applicant.
Applications for registration
3
Applicants for registration as a child minder or as a provider of day care shall include in their applications the information about the matters specified in the Schedule to these Regulations.
Margaret Hodge
Parliamentary Under-Secretary of State,
Department for Education and Employment
9th May 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Plant Protection Products (Amendment) (No.3) Regulations 2001, extend to England and Wales, and come into force on 1st January 2002.
Amendment of the Plant Protection Products Regulations 1995
2
In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive” in relation 2(1), the following definition —
“the Directive” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market as amended by —
Commission Directive 93/71/EEC
Commission Directive 94/37/ EC
Commission Directive 94/79/EC
Commission Directive 95/35/EC
Commission Directive 95/36/EC
Commission Directive 96/12/EC
Commission Directive 96/46/EC
Commission Directive 96/68/EC
Council Directive 97/57/EC
Commission Directive 2000/80/EC
Commission Directive 2001/21/EC
Commission Directive 2001/28/EC
Commission Directive 2001/36/EC
Commission Directive 2001/47/EC
Commission Directive 2001/49/EC
Transitional arrangements for provisional approvals
3
In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be modified so that —
a
the inclusion of the active substance flupyrsulfuron-methyl in Annex I shall not make it necessary to revoke any approval granted under regulation 7(1) (provisional approvals), or extended pursuant to regulation 7(5), in respect of any plant protection products containing that active substance, and any such approval shall continue to have effect until the date a decision made on an application for approval under regulation 5(1) (standard approvals) has effect, or 30th November 2002, whichever is the earlier; and
b
the inclusion of the active substance fenhexamid in Annex I shall not make it necessary to revoke any approvals issues pursuant to regulation 7(1), or extended under regulation 7(5), in respect of any plant protection products containing that active substance, and any such approvals which have expired shall be deemed to have revived until the date a decision made on an application for approval of the product under regulation 5(1) has effect, or 1st August 2002, whichever is the earlier.
Revocation
4
The Plant Protection Products (Amendment)( No. 2) Regulations 2001 are revoked.
Consequential modification of other regulations
5
The Plant Protection Products (Fees) Regulations 2001 shall be read in relation to England and Wales as if any reference in them to the Plant Protection Products Regulations 1995 were inserted after the coming into force of these Regulations.
Signed on behalf of the National Assembly for Wales
D Elis-Thomas
Presiding Officer National Assembly for Wales
29th November 2001
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
30th November 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 4) Regulations 2001; they extend to England and Northern Ireland and come into force on 17th March 2001.
2
These Regulations shall apply until midnight on 27th March 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/172/ EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC as amended by Commission Decision 2001/190/EC and Commission Decision 2001/209/EC ;
“export” means export outside the British Islands;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (in England), or the Department of Agriculture and Rural Development (in Northern Ireland) or a local authority, and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of the manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products );
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (in England), or the Department of Agriculture and Rural Development (in Northern Ireland).
Import and export of live animals
3
1
No person shall export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Minister (in England) or the Department of Agriculture and Rural Development (in Northern Ireland) may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England or Northern Ireland from another member State.
Export of fresh meat
4
1
No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat obtained before 1st February 2001, provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for dispatch outside the United Kingdom; or
b
fresh meat obtained from cutting plants situated in the United Kingdom under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a); fresh meat from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter; or fresh meat from animals reared and slaughtered outside the United Kingdom;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on animal health problems affecting intra-Community trade in fresh meat );
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for export.
3
Meat consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of meat products
5
1
No person shall export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animals health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared before 1st February 2001, provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for export; or
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must conform to the conditions in regulation 4(2);
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the United Kingdom;
iii
all meat products must bear the health mark in accordance with Chapter VII of Annex A to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for export.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk
6
1
No person shall export milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ) followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments situated in the United Kingdom under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the United Kingdom;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for export; and
d
transport of raw milk from outside the United Kingdom to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the United Kingdom keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk either —
a
is consigned in hermetically sealed containers, or
b
has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk products
7
1
No person shall export milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6;
c
milk products subjected to heat treatment at a temperature of at least 72°C for 15 seconds or an equivalent treatment; and
d
milk products destined for export to a third country where import conditions permit such products to treatment other than laid down in these Regulations.
3
The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the United Kingdom;
b
all milk products used in the final product will either conform to the conditions of paragraph (2)(a), (b) or (c) or be made from milk obtained from animals outside the United Kingdom;
c
the establishment shall be under strict veterinary control; and
d
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for export.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2)(a), (b) or (c) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of semen, etc.
8
1
No person shall export semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos produced before 1st February 2001.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine semen consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ) accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of hides and skins
9
1
No person shall export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either —
a
paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 to Annex I to Council Directive 92/118/EEC
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed (in the case of sub-paragraph (b)) in accordance with regulation 12.
Export of animal products
10
1
No person shall export animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall export dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3.00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in Chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check; or
iii
Change of pH to pH5 or lower for at least two hours, followed by an effectiveness check;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC .
4
The animal products must be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 (or, in Northern Ireland, the Products of Animal Origin (Import and Export) Regulations (Northern Ireland ) endorsed in accordance with regulation 12 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (c) of paragraph (3) which are accompanied by a commercial document stating either —
a
that the products have undergone factory washing or have been obtained from tanning; or
b
that the products comply with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these regulations and they have a commercial document endorsed in accordance with regulation 12.
Exemptions
11
The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment approved by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) from pre-processed products originating outside the United Kingdom which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for export; and
ii
accompanied by a commercial document or official certificate as required by these Regulations.
Endorsement of commercial documents
12
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Third country certificates
13
No person shall export anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Export of horses
14
1
Any person exporting equidae to another member State shall ensure that they are accompanied by an Animal Health Certificate in accordance with the model in Annex C of Directive 90/426/EEC on animal health conditions governing the movement and import from third countries of equidae .
2
An inspector shall only issue a certificate referred to in paragraph (1) if he is satisfied that the animal has not been in an infected area (other than in transit through an infected area by road without being unloaded) to which Part III of the Foot-and-Mouth Disease Order 1983 (in Great Britain) or Part II of the Foot-and-Mouth Disease Order (Northern Ireland) 1962 in Northern Ireland applies at any time in the 15 days prior to certification.
Powers of inspectors
15
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
16
A customs officer may detain any vehicle, vessel, container or anything which he reasonably suspects to contain animals or products controlled by these Regulations for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
17
1
Where an inspector knows or suspects that animals or animal products are intended for export and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the export of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall export anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
4
Animals imported in contravention of these Regulations shall be dealt with as specified in the regulation 13 of the Animals and Animal Products (Import and Export) Regulations .
Obstruction
18
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
19
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
20
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 18(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, etc. issued in Wales or Scotland
21
Where these Regulations require any certificate, licence or approval to be issued or granted by the Minister or the Department of Agriculture and Rural Development, an equivalent certificate, licence or approval issued in Wales or Scotland by the relevant competent authority is valid.
Enforcement
22
In England these Regulations shall be enforced by the Minister or the local authority, and in Northern Ireland they shall be enforced by the Department of Agriculture and Rural Development.
Revocation
23
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) Regulations 2001 are revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
1.40 pm, 17th March 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Access to Justice Act 1999 (Commencement No. 7, Transitional Provisions and Savings) Order 2001.
2
In this Order “ the Act ” means the Access to Justice Act 1999, and references to a section, Part, Schedule or paragraph by number alone mean the section, Part, Schedule or paragraph so numbered in the Act.
Commencement of provisions of Access to Justice Act 1999
2
The following provisions of the Act come into force on 1st April 2001:
a
in Part V:
i
to the extent that they are not already in force, section 83 and Schedule 12 (Greater London Magistrates' Courts Authority);
ii
section 90 and Schedule 13 (transfer of clerks' functions to chief executives); and
iii
section 91 (accounting etc. functions of chief executives); and
b
in Part VI:
i
sections 98 (justices and clerks: immunity from costs), 99 (justices and clerks: indemnity), and 100 (assistant justices' clerks: immunity from action); and
ii
so far as they extend to England and Wales and Northern Ireland only, sections 101 (General Commissioners: immunity from action), 102 (General Commissioners; immunity from costs and expenses), and 103 (General Commissioners and clerks: indemnity); and
c
in Part VII:
i
so far as they have not already been effected, the repeals in Part V(6) of Schedule 15;
ii
the repeals in Part V(7) of Schedule 15;
iii
the repeal in Part VI of Schedule 15; and
iv
so far as it relates to those repeals, section 106.
3
The following provisions of the Act come into force on 2nd April 2001:
a
in Part I:
i
sections 12 to 18 and Schedule 3 (Criminal Defence Service); and
ii
to the extent that they are not already in force, section 24 and Schedule 4 (amendments consequential on Part I); and
b
in Part VII, so far as they have not already been effected, the repeals and revocations in Part I of Schedule 15 and, so far as it relates to those repeals and revocations, section 106.
Transitional provisions and savings
4
The transitional provisions and savings in Schedules 1 and 2 to this Order have effect.
Irvine of Lairg, C.
28th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Business Transfers) Order 2001 and comes into force on 1st December 2001.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means 1st December 2001;
“the Insurance Companies Act ” means the Insurance Companies Act 1982 ;
“ Schedule 2C ” means Schedule 2C to the Insurance Companies Act .
Saving of Schedule 2C — general
2
1
This Order applies notwithstanding any repeal of the Insurance Companies Act.
2
Any term used in any provision of Schedule 2C which continues to apply by virtue of this Order (including any provision as modified by this Order) which was defined by any provision of the Insurance Companies Act continues to have the meaning given by that Act.
3
Each reference in Schedule 2C to a person being, or not being —
a
a UK company;
b
a non-EC company;
c
an EC company; or
d
a Swiss general insurance company,
is to be treated as a reference to that person having that status immediately before commencement.
4
Where any provision of Schedule 2C continues to apply by virtue of this Order to a transfer to or from members of Lloyd's, each reference to a UK company (as modified by paragraph (3)) is also to be treated as including a reference to members of Lloyd's.
5
So far as it relates to things done or to be done on or after commencement, each reference in Schedule 2C to the Treasury is to be treated as a reference to the Authority.
6
In relation to any transfer to or from members of Lloyd’s to which provisions of Schedule 2C continue to apply by virtue of this Order, anything done in connection with the transfer (whether before, on or after commencement) by the person authorised in accordance with section 85(2)(b) of the Insurance Companies Act is to be treated as being done by the members for whom he acted.
7
In this article, each reference to members of Lloyd’s includes a reference to a former underwriting member of Lloyd’s (within the meaning of Lloyds Act 1982 ) who has ceased to be a member of Lloyd's, whether by resignation or otherwise, in accordance with Lloyd’s Act 1982 and any byelaw made under that Act.
Transfers of long term business
3
1
In this article, a “relevant petition” means an application by petition which was made before commencement under paragraph 1(1) of Schedule 2C for an order sanctioning a transfer scheme, but which had not been determined before commencement.
2
Sub-paragraph (2) of paragraph 1 of Schedule 2C continues to apply to any scheme which is the subject of a relevant petition and which involves a compromise or arrangement of the kind specified in that sub-paragraph.
3
Except in the case of a scheme of the kind specified in paragraph (2), no order may be made under —
a
sections 425 to 427 of the Companies Act 1985 ; or
b
articles 418 to 420 of the Companies (Northern Ireland) Order 1986 ;
in respect of so much of any compromise or arrangement as involves any transfer scheme which is the subject of a relevant petition.
4
Sub-paragraphs (1) to (5) of paragraph 2 of Schedule 2C continue to apply to a relevant petition.
5
Sub-paragraphs (1) to (6) of paragraph 3 of Schedule 2C continue to apply to a relevant petition, subject to the following modifications —
a
sub-paragraph (1) applies as if for sub-paragraph (a) there were substituted —
a
it is satisfied that the transferee company is, or will be immediately after the making of the order —
i
a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000, to effect and carry out contracts of long-term insurance of the class or classes to be transferred under the scheme; or
ii
authorised in accordance with Article 6 of the first long-term insurance Directive to carry on in an EEA State other than the United Kingdom long term business of the class or classes to be transferred under the scheme;
;
b
sub-paragraph (4)(b) applies as if for sub-paragraph (i) there were substituted —
i
the transferee company has permission to effect and carry out contracts of long-term insurance involving commitments of that kind by virtue of qualifying for authorisation under Schedule 3 to the Financial Services and Markets Act 2000; and
; and
c
sub-paragraph (5) applies as if for sub-paragraphs (a) and (b) and for the words following those sub-paragraphs there were substituted —
a
a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000; or
b
a person who has permission, by virtue of qualifying for authorisation under Schedule 3 to that Act,
to effect and carry out contracts of long-term insurance of the class or classes to be transferred under the scheme.
.
6
Paragraph 4 of Schedule 2C continues to apply where the court makes an order sanctioning a transfer scheme pursuant to a relevant petition.
Transfers of long-term business — supplementary provisions
4
Any order made under Part I of Schedule 2C sanctioning a transfer scheme, including an order made under that Part by virtue of this Order, is to be treated as an order under section 111(1) of the Act for the purposes of section 112(1) of the Act.
Transfers of general business
5
1
In this article, a “relevant application” means an application which was made before commencement under paragraph 6(1) of Schedule 2C for approval of a transfer of rights and obligations, but which had not been determined before commencement.
2
Sub-paragraph (2) of paragraph 6 of Schedule 2C continues to apply to any notice or other document authorised or required to be given or served under Part II of that Schedule in connection with a relevant application.
3
Sub-paragraphs (1) to (4) of paragraph 7 of Schedule 2C continue to apply to a relevant application.
4
Sub-paragraphs (1) to (8) of paragraph 8 of Schedule 2C continue to apply to a relevant application, subject to the following modifications —
a
sub-paragraph (1) applies as if for sub-paragraph (a) there were substituted —
a
it is satisfied that the transferee is, or will be immediately after the approval —
i
a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000, to effect and carry out contracts of general insurance of the class or classes to be transferred by the instrument; or
ii
authorised in accordance with Article 6 of the first general insurance Directive to carry on in an EEA State other than the United Kingdom general business of the class or classes to be transferred by the instrument;
;
b
sub-paragraph (4)(b) applies as if for sub-paragraph (i) there were substituted —
i
the transferee has permission to effect and carry out contracts of general insurance covering risks of that kind by virtue of qualifying for authorisation under Schedule 3 to the Financial Services and Markets Act 2000; and
; and
c
sub-paragraph (5) applies as if for sub-paragraph (a) there were substituted —
a
the transferee is, or will be immediately after the approval —
i
a person who has Part IV permission, within the meaning of the Financial Services and Markets Act 2000; or
ii
a person who has permission, by virtue of qualifying for authorisation under Schedule 3 to that Act,
to effect and carry out contracts of general insurance of the class or classes to be transferred by the instrument; and
.
5
Paragraph 9 of Schedule 2C continues to apply where the Authority approves a relevant application.
Transfers of general business — effect of approval
6
Paragraph 10 of Schedule 2C continues to apply to any instrument giving effect to a transfer approved under Part II of Schedule 2C, including a transfer approved under that Part by virtue of this Order.
Modification of section 104 of the Act
7
Any order made under Part I of Schedule 2C or any approval given under Part II of that Schedule, including any order made or approval given under that Schedule on or after commencement by virtue of this Order, is to be treated as an order under section 111(1) of the Act for the purposes of section 104 of the Act.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
8th November 2001


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No.2) Order 2001 and shall come into force on 1st April 2001.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2000 shall be amended with effect from 1st April 2001 as follows.
4
For paragraphs 4.1 to 4.3 there shall be substituted the following paragraphs —
4.1
From 1st April 2001 a head teacher shall be paid such salary based upon the leadership group pay spine set out in paragraph 4.5 as the relevant body shall determine in accordance with paragraph 5 or 6.
4.2
From 1st April 2001 a deputy head teacher shall be paid such salary based upon the leadership group pay spine set out in paragraph 4.5 as the relevant body shall determine in accordance with paragraph 12 or 13.
4.3
From 1st April 2001 and assistant head teacher shall be paid such salary based upon the leadership group pay spine set out in paragraph 4.5 as the relevant body shall determine in accordance with paragraph 15.
.
5
For the table in paragraph 4.5 there shall be substituted the following table —
Pay Spine from 1st April 2001
Spine point Annual Salary £
L1 29,499 L2 30,237 L3 30,993 L4 31,767 L5 32,559 L6 33,375 L7 34,278 L8 35,064 L9 35,940 L10 36,864 L11 37,821 L12 38,694 L13 39,660 L14 40,647 L15 41,658 L16 42,768 L17 43,755 L18 44,853 L19 45,963 L20 47,103 L21 48,270 L22 49,467 L23 50,694 L24 51,951 L25 53,238 L26 54,558 L27 55,911 L28 57,297 L29 58,719 L30 60,177 L31 61,668 L32 63,201 L33 64,767 L34 66,372 L35 68,019 L36 69,705 L37 71,439 L38 73,206 L39 74,988 L40 76,863 L41 78,783.
6
For the table in paragraph 7.3 there shall be substituted the following table —
Group Range of Spine points Salary range £
1 L6 — L16 33,375 — 42,768 2 L8 — L19 35,064 — 45,953 3 L11 — L22 37,821 — 49,467 4 L14 — L25 40,647 — 53,238 5 L18 — L29 44,853 — 58,719 6 L21 — L33 48,270 — 64,767 7 L24 — L37 51,951 — 71,439 8 L28 — L41 57,297 — 78,783
.
7
For paragraph 17.2 there shall be substituted the following paragraph —
17.2
From 1st April 2001 a classroom teacher shall be paid such salary based on the pay scale set out in paragraph 17.3 as the relevant body shall determine in accordance with paragraphs 17.4 and 35.1 (unqualified teacher becoming qualified).
.
8
For the table in paragraph 17.3 there shall be substituted the following table —
Pay Scale from 1st April 2001
Scale point Annual salary £
1 16,038 2 17,001 3 17,892 4 18,831 5 19,821 6 20,862 7 22,035 8 23,358 9 24,843
.
9
For paragraph 19.1 there shall be substituted the following paragraph —
19.1
From 1st April 2001 a teacher to whom paragraph 19.2 applies (“a post-threshold teacher”) shall be paid such salary based on the pay scale set out in paragraph 19.3 as the relevant body shall determine in accordance with paragraphs 19.4 to 19.8.
.
10
For the table in paragraph 19.3 there shall be substituted the following table —
Pay Scale from 1st April 2001
Scale point Annual salary £1
1 26,919 2 27,915 3 28,947 4 30,018 5 31,128
11
For paragraph 20.1 there shall be substituted the following paragraph —
20.1
The relevant body may award a first, second, third, fourth or fifth management allowance to a classroom teacher in accordance with paragraphs 20.2 to 20.4. From 1st April 2001 the annual value of a management allowance shall be determined in accordance with the following table:
Management allowances form 1st April 2001
Allowance Amount £
1st 1,539 2nd 3,111 3rd 5,343 4th 7,353 5th 9,927
.
12
For paragraph 21 there shall be substituted the following paragraph —
21.1
The relevant body may award a first, second, third, fourth or with effect from 1st April 2001 a fifth recruitment and retention allowance to a classroom teacher in accordance with paragraphs 21.2 to 21.7. From 1st April 2001 the annual value of a recruitment and retention allowance shall be determined in accordance with the following table:
Recruitment and retention allowances from 1st April 2001
Allowance Amount £
1st 942 2nd 1,848 3rd 2,802 4th 3,903 5th 5,085
21.2.1
The relevant body shall determine when making an award under paragraph 21.1 whether the allowance should be awarded for a fixed period of time or that it is to be retained while the classroom teacher remains in the same post.
21.2.2
The relevant body may review the award of an allowance under paragraph 21.1 and paragraph 21.2.1 at any time, but where the review takes place before the expiry of the fixed period of time for which the allowance was awarded or, as the case may be, while the classroom teacher is in the post in respect of which the allowance was awarded, they may not determine that a lower allowance should be awarded under paragraph 21.1 and paragraph 21.2.1 or that the allowance should be withdrawn.
21.2.3
Where the relevant body determines that a classroom teacher who holds a recruitment and retention allowance awarded under paragraph 21.1 and paragraph 21.2.1 while he remains in the same post should be awarded a higher recruitment and retention allowance which is awarded for a fixed period, that teacher shall retain his original recruitment and retention allowance while he remains in the same post if the higher recruitment and retention allowance is subsequently withdrawn following the expiry of the fixed period.
21.2.4
Where in accordance with paragraph 21.4 of the 2000 Document the relevant body first review the award of a recruitment and retention allowance which was made under paragraph 21 of that Document, they may determine to withdraw the allowance or to replace it with an allowance or allowances under this paragraph.
21.3
The relevant body may for the current or previous pay year award a recruitment and retention allowance, or part of such allowance, in the form of a lump sum.
21.4.1
With effect from 1st April 2001, the relevant body may award a classroom teacher a recruitment and retention allowance, or part of such allowance, in the form of a lump sum payable at the end of a period of unbroken employment at the same school or in the case of an unattached teacher with the same authority.
21.4.2
The period of unbroken employment referred to in paragraph 21.4.1 shall not —
a
start before the beginning of the school term in which the award is made, or
b
exceed three years.
21.4.3
An award under paragraph 21.4.1 may if the teacher agrees replace in whole or in part an existing award of a recruitment and retention allowance.
21.5
The value of a classroom teacher’s total recruitment and retention allowance in a pay year including recruitment and retention allowance payments made otherwise than pursuant to an award under paragraph 21.4.1 shall not exceed the annual value in that pay year of the fifth recruitment and retention allowance.
21.6.1
Subject to paragraph 21.6.2 the relevant body shall determine the terms and conditions of any award under paragraph 21.4.1.
21.6.2
The terms and conditions shall provide that, in the event of the teacher’s death or (as the case may be) early retirement on grounds of ill-health before the end of the period covered by the award, he shall be entitled to the proportion of the award that the period before his death or early retirement bears to the period covered by the award.
21.7
The relevant body shall not award a recruitment and retention allowance under paragraph 21.3 where they consider that the classroom teacher’s service in the previous pay year has not been satisfactory, or make a payment pursuant to an award under paragraph 21.4.1 in respect of a period during which they consider that the teacher’s service has not been satisfactory.
.
13
For paragraph 22.1 there shall be substituted the following paragraph —
22.1
From 1st April 2001, the annual value of a first special educational needs allowance referred to in paragraph 22 is £1,572, and the annual value of a second special educational needs allowance referred to in paragraph 22 is £3,111.
.
14
1
In paragraph 29.3.3 —
a
at the beginning of the paragraph there shall be inserted “with effect from 1st April 2001”; and
b
for “£500” wherever it occurs there shall be substituted “£250”.
2
After paragraph 29.3.4 there shall be inserted the following paragraph —
29.3.5
In paragraph 29.3 “increase” includes the payment of an allowance pursuant to an award under paragraph 21.4.1 but excludes the award of such an allowance or the determination or redetermination of a teacher’s salary with the effect from 1st September 2000.
.
15
For paragraph 31.1 there shall be substituted the following paragraph —
31.1
From 1st April 2001 an advanced skills teacher shall be paid such salary based on the following pay spine as the relevant body shall determine in accordance with paragraphs 31.2 to 31.8.
Pay spine from 1st April 2001
Spine Point Annual Salary £
1 27,939 2 28,437 3 28,938 4 29,436 5 29,934 6 30,435 7 30,936 8 31,434 9 31,932 10 32,430 11 32,931 12 33,597 13 34,260 14 34,926 15 35,589 16 36,255 17 36,921 18 37,587 19 38,253 20 38,919 21 39,582 22 40,413 23 41,247 24 42,075 25 42,909 26 43,737 27 44,571
.
16
For paragraph 32.1 there shall be substituted the following paragraph —
32.1
From 1st April 2001 an unqualified teacher shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 32.2 to 32.7 and 34 —
Pay scale from 1st April 2001
Scale point Annual Salary £
1 12,456 2 13,014 3 13,557 4 14,121 5 14,691 6 15,237 7 15,798 8 17,103 9 18,585 10 19,698
.
17
For paragraph 37.1 there shall be substituted the following paragraph —
37.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area, £3,000 per annum from 1st April 2001;
b
if he is serving in the Outer London Area, £1,974 per annum from 1st April 2001; and
c
if he is serving in the Fringe Area, £765 per annum from 1st April 2001.
.
18
1
In paragraph 40.4 (a) (ii) after “paragraphs 20 to 22” there shall be inserted “except for an allowance payable pursuant to an award under paragraph 21.4.1”.
2
In paragraph 40.4 (b) (ii) after “paragraphs 20 to 22” there shall be inserted “except for an allowance payable pursuant to an award under paragraph 21.4.1”.
19
After paragraph 46 there shall be inserted the following paragraph —
Recruitment incentives and benefits
46A.1
The relevant body, and where they are the teacher’s employers the authority, may as an incentive for the recruitment of new teachers and the retention in their service of existing teachers make payments or provide other financial assistance, support or benefits to a teacher for the purposes set out in paragraph 46A.2.
46A.2
The purposes are to assist the teacher with —
a
the provision of housing;
b
relocation expenses incurred by him; or
c
travel expenses incurred in connection with his journey to and from his place of work.
.
Estelle Morris,
Minister of State,
Department for Education and Employment
28th March 2001


text:
Citation and commencement
1
This Order may be cited as The Free Zone (Liverpool) Designation Order 2001 and shall come into force on 10th August 2001.
Designation of area as free zone
2
1
An area of 383.28 hectares, in the County of Merseyside, comprising 269.56 hectares in the Metropolitan Borough of Sefton, 77.87 hectares in the Metropolitan Borough of Wirral and 35.85 hectares within the City of Liverpool, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 1:2500, and signed by a Collector of Customs and Excise, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or the copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be the Mersey Docks and Harbour Company whose Head Office is at Pier Head, Liverpool.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall —
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
6
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Graham Stringer
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2001