text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Maintenance Calculations and Special Cases) Regulations 2000.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support Act 1991;
“ Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“ Contributions and Benefits (Northern Ireland) Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
“couple” means a man and a woman who are —
married to each other and are members of the same household; or
not married to each other but are living together as husband and wife;
“course of advanced education” means —
a full-time course leading to a postgraduate degree or comparable qualification, a first degree or comparable qualification, a Diploma of Higher Education, a higher national diploma, a higher national diploma or higher national certificate of the Business and Technology Education Council or the Scottish Qualifications Authority or a teaching qualification; or
any other full-time course which is a course of a standard above that of an ordinary national diploma, a national diploma or national certificate of the Business and Technology Education Council or the Scottish Qualifications Authority, the advanced level of the General Certificate of Education, a Scottish certificate of education (higher level), a Scottish certificate of sixth year studies or a Scottish National Qualification at Higher Level;
“day” includes any part of a day;
“day to day care” means —
care of not less than 104 nights in total during the 12 month period ending with the relevant week; or
where, in the opinion of the Secretary of State, a period other than 12 months is more representative of the current arrangements for the care of the child in question, care during that period of not less in total than the number of nights which bears the same ratio to 104 nights as that period bears to 12 months, and for the purpose of this definition —
where a child is a boarder at a boarding school or is a patient in a hospital or other circumstances apply, such as where the child stays with a person who is not a parent of the child, and which the Secretary of State regards as temporary, the person who, but for those circumstances, would otherwise provide day to day care of the child shall be treated as providing day to day care during the periods in question; and
“relevant week” shall have the meaning ascribed to it in the definition in this paragraph, except that in a case where notification is given under regulation 7C of the Decisions and Appeals Regulations to the relevant persons on different dates, “relevant week” means the period of 7 days immediately preceding the date of the latest notification;
“Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“disabled person’s tax credit” means a disabled person’s tax credit under section 129 of the Contributions and Benefits Act ;
“effective date” means the date on which a maintenance calculation takes effect for the purposes of the Act;
“employed earner” has the same meaning as in section 2(1)(a) of the Contributions and Benefits Act except that it shall include —
a person gainfully employed in Northern Ireland; and
a person to whom section 44(2A) of the Act applies;
“family” means —
a couple (including the members of a polygamous marriage) and any member of the same household for whom one or more of them is responsible and who is a child; or
a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child;
“home” means —
the dwelling in which a person and any family of his normally live; or
if he or they normally live in more than one home, the principal home of that person and any family of his, and for the purpose of determining the principal home in which a person normally lives no regard shall be had to residence in a residential care home or a nursing home during a period which does not exceed 52 weeks or, where it appears to the Secretary of State that the person will return to his principal home after that period has expired, such longer period as the Secretary of State considers reasonable to allow for the return of that person to that home;
“ Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseekers Act ” means the Jobseekers Act 1995 ;
“ Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
“net weekly income” has the meaning given in the Schedule to these Regulations;
“nursing home” has the same meaning as in regulation 19(3) of the Income Support Regulations;
“occupational pension scheme” means such a scheme within the meaning in section 1 of the Pension Schemes Act 1993 and which is approved for the purposes of Part XIV of the Income and Corporation Taxes Act 1988 ;
“partner” means —
in relation to a member of a couple, the other member of that couple;
in relation to a member of a polygamous marriage, any other member of that marriage with whom he lives;
“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a young offender institution within the meaning of the Criminal Justice Act 1982 or the Prisons (Scotland) Act 1989 who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-Patients) Regulations 1975 ;
“person” does not include a local authority;
“personal pension scheme” means such a scheme within the meaning in section 1 of the Pension Schemes Act 1993 and which is approved for the purposes of Part XIV of the Income and Corporation Taxes Act 1988;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and in respect of which any ceremony of marriage took place under the law of a country which at the time of that ceremony permitted polygamy;
“prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person whose detention is under the Mental Health Act 1983 or the Mental Health (Scotland) Act 1984 ;
“relevant week” means —
in relation to an application for child support maintenance —
where the application is made by a non-resident parent, the period of 7 days immediately before the application is made; and
in any other case, the period of 7 days immediately before the date of notification to the non-resident parent and for this purpose “the date of notification to the non-resident parent” means the date on which the non-resident parent is first given notice by the Secretary of State under the Maintenance Calculation Procedure Regulations that an application for a maintenance calculation has been made, or treated as made, as the case may be, in relation to which the non-resident parent is named as the parent of the child to whom the application relates;
where a decision (“the original decision”) is to be —
revised under section 16 of the Act; or
superseded by a decision under section 17 of the Act on the grounds that the original decision was made in ignorance of, or was based upon a mistake as to, some material fact or was erroneous in point of law,
the period of 7 days which was the relevant week for the purposes of the original decision;
where a decision (“the original decision”) is to be superseded under section 17 of the Act —
on an application made for the purpose on the basis that a material change of circumstances has occurred since the original decision was made, the period of 7 days immediately preceding the date on which that application was made;
subject to sub-paragraph (b), in a case where a relevant person is given notice under regulation 7C of the Decisions and Appeals Regulations, the period of 7 days immediately preceding the date of that notification,
except that where, under paragraph 15 of Schedule 1 to the Act, the Secretary of State makes separate maintenance calculations in respect of different periods in a particular case, because he is aware of one or more changes of circumstances which occurred after the date which is applicable to that case, the relevant week for the purposes of each separate maintenance calculation made to take account of each such change of circumstances shall be the period of 7 days immediately before the date on which notification was given to the Secretary of State of the change of circumstances relevant to that separate maintenance calculation;
“residential care home” has the same meaning as in regulation 19(3) of the Income Support Regulations;
“retirement annuity contract” means an annuity contract for the time being approved by the Board of Inland Revenue as having for its main object the provision of a life annuity in old age or the provision of an annuity for a partner or dependant and in respect of which relief from income tax may be given on any premium;
“self-employed earner” has the same meaning as in section 2(1)(b) of the Contributions and Benefits Act except that it shall include a person gainfully employed in Northern Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment);
“student” means a person, other than a person in receipt of a training allowance, who is aged less than 19 and attending a full-time course of advanced education or who is aged 19 or over and attending a full-time course of study at an educational establishment; and for the purposes of this definition —
a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the last day of the course or such earlier date as he abandons it or is dismissed from it;
a person on a sandwich course (within the meaning of paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) ( No. 2) Regulations 1993 ) shall be treated as attending a full-time course of advanced education or, as the case may be, of study;
“training allowance” means an allowance payable under section 2 of the Employment and Training Act 1973 , or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ;
“work-based training for young people or, in Scotland, Skillseekers training” means —
arrangements made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 (power of Defence Council to make regulations as to engagement of persons in regular forces),
for purposes which include the training of persons who, at the beginning of their training, are under the age of 18;
“working families' tax credit” means a working families' tax credit under section 128 of the Contributions and Benefits Act ; and
“year” means a period of 52 weeks.
3
The following other description of children is prescribed for the purposes of paragraph 10C(2)(b) of Schedule 1 to the Act (relevant other children) —
children other than qualifying children in respect of whom the non-resident parent or his partner would receive child benefit under Part IX of the Contributions and Benefits Act but who do not solely because the conditions set out in section 146 of that Act (persons outside Great Britain) are not met.
4
Subject to paragraph (5), these Regulations shall come into force in relation to a particular case on the day on which Part I of Schedule 1 to the 1991 Act as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case.
5
Paragraphs (1) and (2) of regulation 4 and, for the purposes of those provisions, this regulation shall come into force on 31st January 2001.
PART II
CALCULATION OF CHILD SUPPORT MAINTENANCE
Calculation of amounts
2
1
Where any amount is to be considered in connection with any calculation made under these Regulations or under Schedule 1 to the Act, it shall be calculated as a weekly amount and, except where the context otherwise requires, any reference to such an amount shall be construed accordingly.
2
Subject to paragraph (3), where any calculation made under these Regulations or under Schedule 1 to the Act results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.
3
Where the calculation of the basic rate of child support maintenance or the reduced rate of child support maintenance results in a fraction of a pound that fraction shall be treated as a pound if it is either one half or exceeds one half, otherwise it shall be disregarded.
4
In taking account of any amounts or information required for the purposes of making a maintenance calculation, the Secretary of State shall apply the dates or periods specified in these Regulations as applicable to those amounts or information, provided that if he becomes aware of a material change of circumstances occurring after such date or period, but before the effective date, he shall take that change of circumstances into account.
5
Information required for the purposes of making a maintenance calculation in relation to the following shall be the information applicable at the effective date —
a
the number of qualifying children;
b
the number of relevant other children;
c
whether the non-resident parent receives a benefit, pension or allowance prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act;
d
whether the non-resident parent or his partner receives a benefit prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act; and
e
whether paragraph 5(a) of Schedule 1 to the Act applies to the non-resident parent.
Reduced Rate
3
The reduced rate is an amount calculated as follows —
F + ( A × T )
where —
F is the flat rate liability applicable to the non-resident parent under paragraph 4 of Schedule 1 to the Act;
A is the amount of the non-resident parent’s net weekly income between £100 and £200; and
T is the percentage determined in accordance with the following Table —
1 qualifying child of the non-resident parent 2 qualifying children of the non-resident parent 3 or more qualifying children of the non-resident parent Number of relevant other children of the non-resident parent 0 1 2 3 or more 0 1 2 3 or more 0 1 2 3 or more
T (%) 25 20.5 19 17.5 35 29 27 25 45 37.5 35 32.5
Flat rate
4
1
The following benefits, pensions and allowances are prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act —
a
under the Contributions and Benefits Act —
i
bereavement allowance under section 39B ;
ii
category A retirement pension under section 44 ;
iii
category B retirement pension under section 48C ;
iv
category C and category D retirement pensions under section 78 ;
v
incapacity benefit under section 30A ;
vi
invalid care allowance under section 70;
vii
maternity allowance under section 35 ;
viii
severe disablement allowance under section 68 ;
ix
industrial injuries benefit under section 94;
x
widowed mother’s allowance under section 37;
xi
widowed parent’s allowance under section 39A; and
xii
widow’s pension under section 38;
b
contribution-based jobseeker’s allowance under section 1 of the Jobseekers Act;
c
a social security benefit paid by a country other than the United Kingdom;
d
a training allowance (other than work-based training for young people or, in Scotland, Skillseekers training); and
e
a war disablement pension or war widow’s pension within the meaning of section 150(2) of the Contributions and Benefits Act or a pension which is analogous to such a pension paid by the government of a country outside Great Britain.
2
The benefits prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act are —
a
income support under section 124 of the Contributions and Benefits Act; and
b
income-based jobseeker’s allowance under section 1 of the Jobseekers Act.
3
Where the non-resident parent is liable to a pay a flat rate by virtue of paragraph 4(2) of Schedule 1 to the Act —
a
if he has one partner, then the amount payable by the non-resident parent shall be half the flat rate; and
b
if he has more than one partner, then the amount payable by the non-resident parent shall be the result of apportioning the flat rate equally among him and his partners.
Nil rate
5
The rate payable is nil where the non-resident parent is —
a
a student;
b
a child within the meaning given in section 55(1) of the Act;
c
a prisoner;
d
a person who is 16 or 17 years old and —
i
in receipt of income support or income-based jobseeker’s allowance; or
ii
a member of a couple whose partner is in receipt of income support or income-based jobseeker’s allowance;
e
a person receiving an allowance in respect of work-based training for young people, or in Scotland, Skillseekers training;
f
a person in a residential care home or nursing home who —
i
is in receipt of a pension, benefit or allowance specified in regulation 4(1) or (2); or
ii
has the whole or part of the cost of his accommodation met by a local authority;
g
a patient in hospital who is in receipt of income support whose applicable amount includes an amount under paragraph 1(a) or (b) of Schedule 7 to the Income Support Regulations (patient for more than 6 weeks);
h
a person in receipt of a benefit specified in regulation 4(1) the amount of which has been reduced in accordance with the provisions of regulations 4(d) and 6 of the Social Security Hospital In-Patients Regulations 1975 (circumstances in which personal benefit is to be adjusted and adjustment of personal benefit after 52 weeks in hospital) ; or
i
a person who would be liable to pay the flat rate because he satisfies the description in paragraph 4(1)(c) of Schedule 1 to the Act but his net weekly income, inclusive of —
aa
any benefit, pension or allowance that he receives which is prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act; and
bb
any benefit that he or his partner receives which is prescribed for the purposes of paragraph 4(1)(c) of Schedule 1 to the Act,
is less than £5 a week.
Apportionment
6
If, in making the apportionment required by regulation 4(3) or paragraph 6 of Part I of Schedule 1 to the Act, the effect of the application of regulation 2(2) (rounding) would be such that the aggregate amount of child support maintenance payable by a non-resident parent would be different from the aggregate amount payable before any apportionment, the Secretary of State shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which she would have received if no adjustment had been made under this paragraph.
Shared care
7
1
For the purposes of paragraphs 7 and 8 of Part I of Schedule 1 to the Act a night will count for the purposes of shared care where the non-resident parent —
a
has the care of a qualifying child overnight; and
b
the qualifying child stays at the same address as the non-resident parent.
2
For the purposes of paragraphs 7 and 8 of Part I of Schedule 1 to the Act, a non-resident parent has the care of a qualifying child when he is looking after the child.
3
Subject to paragraph (4), in determining the number of nights for the purposes of shared care, the Secretary of State shall consider the 12 month period ending with the relevant week and for this purpose “relevant week” has the same meaning as in the definition of day to day care in regulation 1 of these Regulations.
4
The circumstances in which the Secretary of State may have regard to a number of nights over less than a 12 month period are where there has been no pattern for the frequency with which the non-resident parent looks after the qualifying child for the 12 months preceding the relevant week, or the Secretary of State is aware that a change in that frequency is intended, and in that case he shall have regard to such lesser period as may seem to him to be appropriate, and the Table in paragraph 7(4) and the period in paragraph 8(2) of Schedule 1 to the Act shall have effect subject to the adjustment described in paragraph (5).
5
Where paragraph (4) applies, the Secretary of State shall adjust the number of nights in that lesser period by applying to that number the ratio which the period of 12 months bears to that lesser period.
6
Where a child is a boarder at a boarding school, or is a patient in a hospital, the person who, but for those circumstances, would otherwise have care of the child overnight shall be treated as providing that care during the periods in question.
PART III
SPECIAL CASES
Persons treated as non-resident parents
8
1
Where the circumstances of a case are that —
a
two or more persons who do not live in the same household each provide day to day care for the same qualifying child; and
b
at least one of those persons is a parent of the child,
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this special case a parent who provides day to day care for a child of his is to be treated as a non-resident parent for the purposes of the Act in the following circumstances —
a
a parent who provides such care to a lesser extent than the other parent, person or persons who provide such care for the child in question; or
b
where the persons mentioned in paragraph (1)(a) include both parents and the circumstances are such that care is provided to the same extent by both but each provides care to an extent greater than or equal to any other person who provides such care for that child —
i
the parent who is not in receipt of child benefit for the child in question; or
ii
if neither parent is in receipt of child benefit for that child, the parent who, in the opinion of the Secretary of State, will not be the principal provider of day to day care for that child.
3
For the purposes of this regulation and regulation 10 “child benefit” means child benefit payable under Part IX of the Contributions and Benefits Act.
Care provided in part by a local authority
9
1
This regulation applies where paragraph (2) applies and the rate of child support maintenance payable is the basic rate, or the reduced rate, or has been calculated following agreement to a variation where the non-resident parent’s liability would otherwise have been a flat rate or the nil rate.
2
Where the circumstances of a case are that the care of the qualifying child is shared between the person with care and a local authority and —
a
the qualifying child is in the care of the local authority for 52 nights or more in the 12 month period ending with the relevant week; or
b
where, in the opinion of the Secretary of State, a period other than the 12 month period mentioned in sub-paragraph (a) is more representative of the current arrangements for the care of the qualifying child, the qualifying child is in the care of the local authority during that period for no fewer than the number of nights which bears the same ratio to 52 nights as that period bears to 12 months; or
c
it is intended that the qualifying child shall be in the care of the local authority for a number of nights in a period from the effective date,
that case shall be treated as a special case for the purposes of the Act.
3
In a case where this regulation applies, the amount of child support maintenance which the non-resident parent is liable to pay the person with care of that qualifying child is the amount calculated in accordance with the provisions of Part I of Schedule 1 to the Act and decreased in accordance with this regulation.
4
First, there is to be a decrease according to the number of nights spent or to be spent by the qualifying child in the care of the local authority during the period under consideration.
5
Where paragraph (2)(b) or (c) applies, the number of nights in the period under consideration shall be adjusted by the ratio which the period of 12 months bears to the period under consideration.
6
After any adjustment under paragraph (5), the amount of the decrease for one child is set out in the following Table —
Number of nights in care of local authority Fraction to subtract
52–103 One-seventh 104–155 Two-sevenths 156–207 Three-sevenths 208–259 Four-sevenths 260–262 Five-sevenths
7
If the non-resident parent and the person with care have more than one qualifying child, the applicable decrease is the sum of the appropriate fractions in the Table divided by the number of such qualifying children.
8
In a case where the amount of child support maintenance which the non-resident parent is liable to pay in relation to the same person with care is to be decreased in accordance with the provisions of both this regulation and of paragraph 7 of Part I of Schedule 1 to the Act, read with regulation 7 of these Regulations, the applicable decrease is the sum of the appropriate fractions derived under those provisions.
9
If the application of this regulation would decrease the weekly amount of child support maintenance (or the aggregate of all such amounts) payable by the non-resident parent to less than the rate stated in or prescribed for the purposes of paragraph 4(1) of Part I of Schedule 1 to the Act, he is instead liable to pay child support maintenance at a rate equivalent to that rate, apportioned (if appropriate) in accordance with paragraph 6 of Part I of Schedule 1 to the Act and regulation 6.
10
Where a qualifying child is a boarder at a boarding school or is an in-patient at a hospital, the qualifying child shall be treated as being in the care of the local authority for any night that the local authority would otherwise have been providing such care.
11
A child is in the care of a local authority for any night in which he is being looked after by the local authority within the meaning of section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 .
Care provided for relevant other child by a local authority
10
Where a child other than a qualifying child is cared for in part or in full by a local authority and the non-resident parent or his partner receives child benefit for that child, the child is a relevant other child for the purposes of Schedule 1 to the Act.
Non-resident parent liable to pay maintenance under a maintenance order
11
1
Subject to paragraph (2), where the circumstances of a case are that —
a
an application for child support maintenance is made or treated as made, as the case may be, with respect to a qualifying child and a non-resident parent; and
b
an application for child support maintenance for a different child cannot be made under the Act but that non-resident parent is liable to pay maintenance under a maintenance order for that child,
that case shall be treated as a special case for the purposes of the Act.
2
This regulation applies where the rate of child support maintenance payable is the basic rate, or the reduced rate, or has been calculated following agreement to a variation where the non-resident parent’s liability would otherwise have been a flat rate or the nil rate.
3
Where this regulation applies, the amount of child support maintenance payable by the non-resident parent shall be ascertained by —
a
calculating the amount of maintenance payable as if the number of qualifying children of that parent included any children with respect to whom he is liable to make payments under the order referred to in paragraph (1)(b); and
b
apportioning the amount so calculated between the qualifying children and the children with respect to whom he is liable to make payments under the order referred to in paragraph (1)(b),
and the amount payable shall be the amount apportioned to the qualifying children, and the amount payable to each person with care shall be that amount subject to the application of apportionment under paragraph 6 of Schedule 1 to the Act and the shared care provisions in paragraph 7 of Part I of that Schedule.
4
In a case where this regulation applies paragraph 7 of Part I of Schedule 1 to the Act (shared care) and regulation 10 (care provided in part by local authority) shall not apply in relation to a child in respect of whom the non-resident parent is liable to make payments under a maintenance order as provided in paragraph (1)(b).
Child who is a boarder or an in-patient in hospital
12
1
Where the circumstances of the case are that —
a
a qualifying child is a boarder at a boarding school or is an in-patient in a hospital; and
b
by reason of those circumstances, the person who would otherwise provide day to day care is not doing so,
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case, section 3(3)(b) of the Act shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the person who would usually be providing such care for that child but for the circumstances specified in paragraph (1).
Child who is allowed to live with his parent under section 23(5) of the Children Act 1989
13
1
Where the circumstances of a case are that a qualifying child who is in the care of a local authority in England and Wales is allowed by the authority to live with a parent of his under section 23(5) of the Children Act 1989, that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case, section 3(3)(b) of the Act shall be modified so that for the reference to the person who usually provides day to day care for the child there shall be substituted a reference to the parent of the child with whom the local authority allow the child to live with under section 23(5) of the Children Act 1989.
Person with part-time care who is not a non-resident parent
14
1
Where the circumstances of a case are that —
a
two or more persons who do not live in the same household each provide day to day care for the same qualifying child; and
b
those persons do not include any parent who is treated as a non-resident parent of that child by regulation 8(2),
that case shall be treated as a special case for the purposes of the Act.
2
For the purposes of this case —
a
the person whose application for a maintenance calculation is being proceeded with shall, subject to sub-paragraph (b), be entitled to receive all of the child support maintenance payable under the Act in respect of the child in question;
b
on request being made to the Secretary of State by —
i
that person; or
ii
any other person who is providing day to day care for that child and who intends to continue to provide that care,
the Secretary of State may make arrangements for the payment of any child support maintenance payable under the Act to the persons who provide such care in the same ratio as that in which it appears to the Secretary of State that each is to provide such care for the child in question;
c
before making an arrangement under sub-paragraph (b), the Secretary of State shall consider all of the circumstances of the case and in particular the interests of the child, the present arrangements for the day to day care of the child in question and any representations or proposals made by the persons who provide such care for that child.
PART IV
REVOCATION AND SAVINGS
Revocation and savings
15
1
Subject to paragraphs (2), (3) and (4), the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (“the 1992 Regulations ”) shall be revoked with respect to a particular case with effect from the date that these Regulations come into force with respect to that type of case (“the commencement date”).
2
Where before the commencement date in respect of a particular case —
a
an application was made and not determined for —
i
a maintenance assessment;
ii
a departure direction; or
iii
a revision or supersession of a decision;
b
the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;
c
any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or
d
any appeal was made but not decided or any time limit for making an appeal had not expired,
the provisions of the 1992 Regulations shall continue to apply for the purposes of —
aa
the decision on the application referred to in sub-paragraph (a);
bb
the revision or supersession referred to in sub-paragraph (b);
cc
the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
dd
any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
ee
any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd) above.
3
Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the 1992 Regulations shall continue to apply for the purposes of the decision under section 17 of the Act to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the Act before its amendment by the 2000 Act and any revision, supersession or appeal in relation to that decision.
4
Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulation 2000 an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the 1992 Regulations shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.
5
Where after the commencement date a maintenance assessment is revised from a date which is prior to the commencement date the 1992 Regulations shall apply for the purposes of that revision.
6
For the purposes of this regulation —
a
“departure direction”, “maintenance assessment” and “interim maintenance assessment” have the same meaning as in section 54 of the Act before its amendment by the 2000 Act;
b
“revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before their amendment by the 2000 Act; and
c
“2000 Act” means the Child Support, Pensions and Social Security Act 2000.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
18th January 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Tyneside Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd February 2001.
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 North Tyneside Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the North Tyneside Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 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 Chief Executive and 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.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Newcastle & North Tyneside 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 Newcastle & North Tyneside Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Northumbria Health Care 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
John Hutton
Minister of State,
Department of Health
12th February 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the General Social Care Council (Appointments and Procedure) Regulations 2001 and shall come into force on 10th June 2001.
2
In these Regulations–
“ the Act ” means the Care Standards Act 2000;
“the chairman” means the chairman of the Council;
“the Council” means the General Social Care Council established under section 54 of the Act;
“member” means a member of the Council other than the chairman.
3
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
4
These Regulations extend to England only.
The chairman and members
Appointments
2
1
The Council shall consist of a chairman and not more than 24 members.
2
The chairman and all of the members shall be appointed by the Secretary of State.
3
A majority of the Council shall be appointed from persons who are not, and have not within 12 months of their appointment been–
a
social care workers, or
b
involved in the training, education, appointment, employment, supply, supervision, monitoring or representation of social care workers.
4
Membership of a local authority only counts for the purposes of paragraph (3)(b) if–
a
the authority of which the person is a member employs a social care workers in connection with any of the authority’s functions; or
b
the person is a member of a committee or sub-committee of a local authority and a function of that committee or sub-committee is the monitoring or supervising of social care workers or the service they provide.
5
In these Regulations, “social care workers” includes persons treated as social care workers by virtue of regulations under section 55(3) of the Act.
6
The chairman shall be one of those persons who must satisfy the requirements of paragraph (3).
Terms of Appointment
3
1
The chairman shall be appointed for a period not exceeding 3 years.
2
The members shall be appointed for a period not exceeding 4 years.
3
Members may be appointed for periods of different duration.
4
The period of appointment of the chairman and of any particular member shall be determined by the Secretary of State.
5
The chairman shall on the termination of his period of appointment by eligible for reappointment as chairman for such further period not exceeding 3 years or for appointment as a member for a period not exceeding 4 years, as the Secretary of State may determine.
6
The members shall be eligible for reappointment at the termination of a period of appointment for such further period not exceeding 4 years as the Secretary of State may in any particular case determine.
7
The Secretary of State may instead of reappointing the chairman or a member on the expiration of their term of office, extend their appointment for such further period as may appear reasonable in the particular circumstances; but the period by which an appointment is extended must not exceed 3 years in the case of the chairman or 4 years in the case of a member.
Disqualification for appointment
4
1
The following persons are disqualified for appointment as chairman or as a member–
a
a person who within 5 years of the day his appointment would otherwise have taken effect has been convicted whether in the United Kingdom or elsewhere of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than 3 months without the option of a fine;
b
a person who within 20 years of the day of his appointment would otherwise have taken effect has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years;
c
a person who has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years;
d
a person who has been adjudged bankrupt or has made a composition or arrangement with his creditors;
e
a person who has been dismissed, otherwise than by reason of redundancy, from any paid employment with a local authority;
f
a person whose appointment as chairman or as a member or a director of any public body which employs social care workers has been terminated on the ground that–
i
it was not in the interests or, or conducive to the good management of that body, that he should continue to hold office;
ii
he failed without the consent of that body to attend its meetings for a continuous period of 3 months;
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
g
the person is employed by the Council, the Welsh Council or by any body exercising functions similar to those of the Council under legislation in force in Scotland or Northern Ireland;
h
any person whose application for registration under Part IV of the Act, or under legislation of similar effect in force in Scotland or Northern Ireland, has been refused, or
i
whose registration has been suspended and the suspension has not been terminated; or
ii
whose name has been removed from the register and not restored;
i
any person included in a list kept by the Secretary of State under section 1 of the Protection of Children Act 1999 (list of persons considered unsuitable to work with children) or section 81 of the Act (list of persons considered unsuitable to work with vulnerable adults);
j
any person whose registration as a health care professional has been withdrawn or suspended.
2
For the purposes of paragraph (1)(a), (b) and (c)–
a
the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted; and
b
there shall be disregarded–
i
any conviction by or before a court outside the United Kingdom for an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom; and
ii
any sentence of imprisonment passed by such a court on a person who at the time the sentence was passed was under 21 years of age.
3
Where a person is disqualified because he has been adjudged bankrupt, the disqualification shall cease–
a
unless the bankruptcy made against that person is previously annulled, on his discharge from bankruptcy; and
b
it the bankruptcy is so annulled, on the day of annulment.
4
Where a person is disqualified because he made a composition or arrangement with his creditors, his disqualification shall cease–
a
except where sub-paragraph (b) applies, on the expiration of 3 years from the date on which the terms of the deed of composition or arrangement are fulfilled; or
b
where he pays his debts in full, on the day on which payment is completed.
5
Subject to paragraph (6), a person who is disqualified under paragraph (1)(e) may, after the expiry of 2 years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove that disqualification, and the Secretary of State may direct that that disqualification shall cease.
6
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of 2 years beginning with the date of the application and this paragraph shall apply to any subsequent application.
7
In paragraph (1)(j), a “health care professional” means–
a
a medical or dental practitioner, as defined in section 128(1) of the National Health service Act 1977 ;
b
a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 1997 ;
c
a registered pharmacist;
d
an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989 ;
e
a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960 extends;
f
a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ; or
g
a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 .
Resignations
5
1
The chairman or a member may resign his office at any time during his term of office by giving not less than 30 days notice in writing to the Secretary of State of his intention to do so.
2
A person who resigns as chairman may, if the Secretary of State consents, continue to serve as a member for any part of the period of his appointment which remains when his resignation as chairman takes effect.
3
A person who, on his resignation as chairman, seeks to continue to serve as a member must inform the Secretary of State in writing of his wish to do so when he submits his resignation as chairman.
4
A person who fails to comply with the requirement of paragraph (3) shall cease to be on the Council when his term of office as chairman terminates.
5
In the case of a member who during his term of office is appointed chairman, the terms on which he was appointed a member shall cease to apply on the day on which his appointment as chairman takes effect.
Termination by the Secretary of State of tenure of office of chairman and members
6
1
The Secretary of State–
a
must terminate the appointment of a person as chairman or as a member where the person–
i
becomes disqualified for appointment under regulation 4; or
ii
fails without the consent of the Council to attend meetings for a continuous period of 3 months beginning with the date of a meeting; and
b
may terminate the appointment of a person as chairman or as a member where the person–
i
is capable of carrying out his function by reason of a physical or mental illness; or
ii
has failed to comply with regulation 10 (disability on account of pecuniary interest).
2
Paragraph (1)(a)(ii) shall not apply where the Secretary of State is satisfied that the person had good cause for not attending the meetings and that, once the circumstances which caused him to miss the meetings are removed, he can and will attend the meetings of the Council.
3
Where the Secretary of State decides to terminate an appointment under paragraph (1), he shall forthwith give the person concerned notice in writing of the termination of his appointment and of the reasons for his decision.
4
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of the Council or any of its committees that the chairman or member should continue to hold office, he may forthwith terminate his appointment by giving him notice in writing to that effect.
5
Where a person has been appointed chairman or a member and it comes to the notice of the Secretary of State that at the time of the appointment he was disqualified for appointment under regulation 4, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect; and upon receipt of such notification, his appointment shall be terminated and he shall cease to act as such chairman or member.
6
A person who, after his appointment as chairman or as a member, is adjudged bankrupt or makes a composition or arrangement with his creditors, shall give notice in writing of the fact to the Secretary of State.
Appointment of deputy chairman
7
1
Subject to paragraph (2), the chairman and members may appoint one of their number to be deputy chairman for such period, not exceeding the remainder of his term of office as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
3
Where the chairman is, for whatever reason, unable to perform his duties as chairman, the deputy chairman may perform those duties.
Committees, meetings and procedures
Appointment of committees and sub-committees
8
1
Subject to any directions given to it by the Secretary of State, the Council may and if so directed by the Secretary of State shall, appoint committees of the Council.
2
A committee appointed by the Council may, subject to such directions as may be given by the Secretary of State or the Council, appoint sub-committees.
3
Committees and sub-committees appointed under this regulation may consist of such persons, whether or not members of the Council, as the Council or the committee making the appointment may determine.
4
Regulations 4 and 6 shall apply to appointments to committees and sub-committees and to the termination of those appointments as they apply to appointments to the Council and to the termination of those appointments.
Meetings and proceedings
9
1
The meetings and proceedings of the Council shall be conducted in accordance with the provisions set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those provisions, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Council shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
The proceedings of the Council shall not be invalidated by any defect in the appointment of the chairman or a member.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or any member has a pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Council at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its meeting, disclose his interest and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.
2
The Council may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or any member from a meeting of the Council while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
3
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 7 of Schedule 1 to the Act (remuneration and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
4
Subject of paragraph (5), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if–
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
5
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other body; or
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (4) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
6
Where the chairman or a member–
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
7
This regulation applies to any committee or sub-committee of the Council as it applies to the Council and applies to any member of any such committee or sub-committee (whether or not he is also a member) as it applies to a member.
8
In this regulation–
“public body” includes–
any body established for the purpose of carrying on under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural beauty incorporated by the National Trust Act 1907 ;
“securities” means–
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th May 2001


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) (Amendment) Regulations 2001 and shall come into force on 19th December 2001.
Amendment to the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999
2
1
Amend the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999 as follows.
2
In regulation 2 (interpretation) in the definition of “foreign securities” in paragraph (d) for the words from “are listed” to the end substitute
are listed on a recognised stock exchange, or
are of a type which would have been treated as so listed immediately before 28th November 2001;
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lowestoft Primary Care Trust Change of Name and (Establishment) (Amendment) Order 2001 and shall come into force on 1st January 2002.
2
In this Order “ the Order ” means the Lowestoft Primary Care Trust (Establishment) Order 2000 ;
and “the trust” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provisions
2
1
The trust shall be called the Waveney Primary Care Trust instead of the Lowestoft Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the word “Lowestoft” there shall be substituted the word “Waveney”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further Amendments of the Primary Care Trust Establishment Order
3
1
The Order shall be amended in accordance with the following paragraphs.
2
In article 4(1) of the Order for “5 non-officer members” there shall be substituted “7 non-officer members”.
3
For the Schedule, there shall be substituted the following paragraphs.
SCHEDULE
AREA OF TRUST
Article 3
In the district of Waveney —
the electoral wards of Beccles Town, Beccles Worlingham, Blything, Bungay, Carlton, Carlton Colville, Gunton, Halesworth, Harbour, Kessingland, Kirkley, Lothingland, Mutford, Normruston, Oulton Broad, Pakefield, St Margaret's, South Elmham Southwold, Wainford, Whitton.
In the district of South Norfolk —
the electoral wards of Ditchingham, Marshland, Waveney.
In the district of Suffolk Coastal —
the electoral wards of Bramfield and Cratfield, Walberswick.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
19th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Wealden (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 Wealden;
“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 Wealden (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 Wealden
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, 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 Wealden
3
1
The ordinary elections of all councillors of the district of Wealden 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 Crowborough
4
1
The existing wards of the parish of Crowborough shall be abolished.
2
The parish of Crowborough shall be divided into five 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 Hailsham
5
1
The existing wards of the parish of Hailsham shall be abolished.
2
The parish of Hailsham shall be divided into four 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 Hartfield
6
1
The parish of Hartfield shall be divided into two 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.
Wards of the parish of Heathfield and Waldron
7
1
The existing wards of the parish of Heathfield and Waldron shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 5; 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 Maresfield
8
The parish of Maresfield shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 6; 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 Mayfield and Five Ashes
9
The parish of Mayfield and Five Ashes shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 7; 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 Polegate
10
1
The existing wards of the parish of Polegate 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 8; 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 Rotherfield
11
1
The parish of Rotherfield shall be divided into two parish wards which shall bear the names Eridge and Mark Cross, and Rotherfield; the parish ward of Rotherfield shall be coterminous with the district ward of the same name, and the Eridge and Mark Cross parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the Eridge and Mark Cross parish ward shall be three and for the Rotherfield parish ward shall be ten.
Wards of the parish of Uckfield
12
1
The existing wards of the parish of Uckfield shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 9; 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 Warbleton
13
The parish of Warbleton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 10; 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
14
The District of Wealden (Electoral Arrangements) Order 1979 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
20th December 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Adoption of Children from Overseas Regulations 2001 and shall come into force on 30th April 2001.
2
This regulation and regulations 2 and 3 extend to England and Wales; regulation 4 extends to England only.
Interpretation
2
In these Regulations —
“the 1976 Act ” means the Adoption Act 1976;
“the 1983 Regulations ” means the Adoption Agencies Regulations 1983 ;
“adoption panel” has the same meaning as in the 1983 Regulations;
“prospective adopter” means a person habitually resident in the British Islands who at any time brings into the United Kingdom for the purpose of adoption (other than adoption by a parent, guardian or relative) a child who is habitually resident outside those Islands.
Requirements applying to prospective adopters
3
1
The requirements which a prospective adopter must satisfy before bringing a child into the United Kingdom are those prescribed in paragraph (2).
2
The requirements are that —
a
the prospective adopter has applied to an adoption agency for assessment of his suitability to be an adoptive parent and has followed such procedure and provided such information to the agency as it may request in order to enable it to undertake such an assessment;
b
an adoption agency has notified the prospective adopter in writing of a decision to approve him as suitable to be an adoptive parent; and
c
the Secretary of State for Health has notified the prospective adopter in writing that he is prepared to issue a certificate confirming to the relevant overseas authority that the prospective adopter has been assessed and approved as suitable to be an adoptive parent and that the child will be authorised to reside permanently within the British Islands, if entry clearance is granted and an adoption order is made.
3
A prospective adopter must also within the period of fourteen days beginning with the date on which he brings the child into the United Kingdom give notice to the local authority within whose area he has his home of —
a
his intention to apply for an adoption order, in accordance with section 22 of the 1976 Act ; or
b
his intention not to give the child a home.
4
In this regulation —
“adoption agency” includes an adoption agency within the meaning of section 1 of the Adoption (Scotland) Act 1978 and Article 3 of the Adoption (Northern Ireland) Order 1987;
“the relevant overseas authority” means a person or body performing functions in the country in which the child is habitually resident which correspond to the functions of an adoption agency;
“entry clearance” has the same meaning as in the Immigration Act 1971 .
Duties of an adoption agency and adoption panel functions in respect of a prospective adopter
4
1
This regulation applies to —
a
a local authority to which a prospective adopter has applied for assessment in accordance with regulation 3(2)(a); and
b
an approved adoption society which has agreed to assess a prospective adopter who has applied to it in accordance with that regulation.
2
The adoption agency shall assess a prospective adopter in accordance with regulations 8 (adoption agency’s duties in respect of a prospective adopter) and 8A (criminal conviction of a prospective adopter) of the 1983 Regulations.
3
An adoption panel to which the case of a prospective adopter is referred shall consider the case and make a recommendation to the referring adoption agency as to whether the prospective adopter is suitable to be an adoptive parent, in accordance with regulation 10 (adoption panel functions) of those Regulations.
4
The adoption agency shall —
a
make a decision as to the suitability of the prospective adopter to be an adoptive parent and notify him of its decision, in accordance with regulation 11A (adoption agency decisions and notifications — prospective adopters) of the 1983 Regulations; and
b
where the agency has decided to approve the prospective adopter as suitable to be an adoptive parent, notify the Secretary of State in writing of that decision and provide to him —
i
all information considered by the adoption panel before making a recommendation to the agency as to whether the prospective adopter is suitable to be an adoptive parent; and
ii
such other information relating to the prospective adopter’s case as he may require.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
29th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2001 and shall come into force on 6th July 2001.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 and “regulation” means a regulation of the principal Regulations.
Amendment of the principal Regulations
2
Amend the principal Regulations as follows.
3
1
Amend regulation 80 (return by employer in respect of Class 1A contributions) as follows.
2
After paragraph (1) insert —
1A
The return required by paragraph (1) shall be rendered by the employer —
a
delivering the return to the inspector;
b
transmitting the information required to be contained in the return electronically to a computer system maintained by or on behalf of the inspector; or
c
delivering the return, by such means of electronic communications as may be approved, to an official computer system.
1B
In paragraph (1A) —
a
“official computer system” means a computer system maintained by or on behalf of the Board for the purpose of receiving returns mentioned in that paragraph;
b
references to information being transmitted electronically are references (and are references only) to the transmission of information —
i
from a computer system maintained by or on behalf of the employer for the processing or storage of payroll information;
ii
to a computer system maintained by or on behalf of the inspector;
iii
by means of the system operated on behalf of the Board and known as Electronic Data Interchange.
1C
For the purposes of paragraph (1A) information shall be taken —
a
to have been transmitted electronically, to a computer system maintained by or on behalf of the inspector, or
b
to have been delivered by means of electronic communications to an official computer system,
if, but only if, it is accepted by the computer system to which it is transmitted or delivered.
1D
A document certified by an inspector or other officer of the Board to be a printed-out version of any particulars transmitted electronically under paragraph (1A) on a particular occasion shall be presumed, unless the contrary is proved —
a
to have been transmitted electronically on that occasion; and
b
to constitute the entirety of what was transmitted on that occasion.
1E
A document certified by an officer of the Board to be a printed-out version of any electronic communication delivered under paragraph (1A) to an official computer system (within the meaning of paragraph (1B)) on a particular occasion shall be presumed, unless the contrary is proved —
a
to have been delivered to an official computer system on that occasion; and
b
to constitute the entirety of what was delivered on that occasion.
1F
A document purporting to be a certificate in accordance with paragraph (1D) or (1E) shall be presumed to be such a certificate unless the contrary is proved.
.
3
In paragraph (3), for the words from “shall” to end, substitute —
shall —
if it is rendered as mentioned in paragraph (1A)(a), be signed by the secretary or by a director of the body corporate; and
in any other case, be authenticated by such means and in such manner as the Board may approve.
.
4
After regulation 80 insert —
Returns rendered electronically on another’s behalf
80A
Any return rendered in accordance with paragraph (1A)(b) or (c) of regulation 80 on behalf of any person shall be deemed to have been rendered by him unless he proves that it was rendered without his knowledge or connivance.
.
Gordon Brown
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
15th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trafford North Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd February 2001.
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 Trafford North Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Trafford North Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 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 Chief Executive and 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.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Salford and Trafford 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 Salford and Trafford Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Trafford Healthcare 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
Hunt
Parliamentary Under-Secretary of State,
Department of Health
12th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment (No. 2) Regulations 2001 and shall come into force on 17th April 2001.
2
These Regulations extend to England only .
Amendment of the National Health Service (General Medical Services) Regulations 1992
2
1
In Schedule 10 of the National Health Service (General Medical Services) Regulations 1992 , the following entries shall be deleted:
Nicabate Nicotine Transdermal Patch
Nico Patch
Nicodex Patch
Niconil Transdermal Patch
Nicorette
Nicorette Nasal Spray
Nicorette Patch
Nicorette Plus
Nicostop Patch
Nicotine Patch (QHR Limited)
Nicotinell Gum
Nicotinell TTS Patches
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th March 2001


text:
Citation and Commencement
1
This Order shall be cited as the South Tyneside Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this Order —
“South Tyneside Education Action Zone” means the Education Action Zone established by the South Tyneside Education Action Zone Order 1998 .
Extension of the South Tyneside Education Action Zone Order 1998
3
The South Tyneside Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the South Tyneside Education Action Zone Order 1998
4
There shall be inserted after article 9 of the South Tyneside Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(a), (b), (c), (d), (e), (f), (g), (h), (i), (j) and (k), if that person no longer appears to the Forum to represent the interests of either: businesses in the area served by the zone schools, the Council of the Metropolitan Borough of South Tyneside; institutions within the further or higher education sector; the voluntary, community and charitable sectors, or the health sector, in the area served by the zone schools; trade unions with membership from staff of the zone schools, Tyneside Careers Partnership, Business in the Community, parents of children at zone schools; the Durham Diocesan Board of Education; or, Hexham and Newcastle Board of Education, as the case may be; and
e
in the case of a member appointed pursuant to article 5(l), if that person no longer appears to the Forum to be able to further the objects of the zone.
5
1
The South Tyneside Education Action Zone Order 1998 is varied as follows: —
2
In schedule 1 the words “IBM”, “Sunderland University” and “Gateshead and South Tyneside Health Trust” are inserted, and the words “Cammell Laird (South Shields) Limited”, “Nissan Motor Manufacturing ( UK ) Ltd”, “Ford Component Manufacturing Limited”, “Tyneside Training and Enterprise Council” and “South Tyneside Health Trust” are deleted.
3
In schedule 2 the words, “All Saints CE Primary School” are substituted for “Elizabeth Diamond Nursery School”, “All Saints' CE Infants School” and “All Saints' CE Junior Mixed School”.
4
In schedule 2 the words “The Galsworthy Unit” are substituted for “Chuter Ede Behavioural Support Unit”.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001