text:
PART I
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Poole Harbour Revision Order 2001.
2
The Poole Harbour Acts and Orders 1756 to 1999 and this Order may be cited together as the Poole Harbour Acts and Orders 1756 to 2001.
3
Subject to paragraph (4) below this Order shall come into force on 25th August 2001.
4
Article 13 of this Order shall come into force on 1st January 2002.
Interpretation
2
In this Order —
“the 1847 Act ” means the Commissioners' Clauses Act 1847 ;
“appointing authority” means any of the persons by whom Commissioners are, or are to be, appointed in accordance with article 4 below and includes the selection panel;
“ the Chairman ” means the Chairman of the Commissioners ;
“the Chief Executive ” means the Chief Executive of the Commissioners;
“the Commissioners” means the Poole Harbour Commissioners;
“first appointments” means the first appointments to be made after the coming into force of this Order;
“the harbour” means the area as defined in sections 3 and 4 of Poole Harbour Act 1914 ;
“the new constitution date” means 1st November 2001;
“the selection panel” means the panel constituted under article 5 below.
Incorporation of the Commissioners' Clauses Act 1847
3
1
Sections 13 to 16, 37, 41 to 50, 52, 53, 60, 99 to 101, and 103 of the 1847 Act are hereby incorporated with, and form part of, this Order.
2
The 1847 Act as so incorporated shall have effect as if for references to the clerk there were substituted references to the Chief Executive.
3
References in the 1847 Act as so incorporated to monthly meetings shall be construed as references to the meetings held in accordance with paragraph 4 of Schedule 1 to this Order.
4
Section 16 of the 1847 Act as so incorporated shall have effect as if the words “or who for six months in succession is absent from all meetings of the Commissioners” were omitted.
5
Section 60 of the 1847 Act as so incorporated shall apply to officers and employees of the Commissioners as it applies to individual Commissioners.
6
So much of the Poole Harbour Acts and Orders 1756 to 1999 as incorporates any provision of the 1847 Act other than those referred to in paragraph (1) above shall cease to have effect.
PART II
CONSTITUTION
Constitution of Commissioners
4
1
On and after the new constitution date the Commissioners shall, subject to articles 8 and 9 below, consist of —
a
the Chief Executive;
b
an officer of the Commissioners, not being the Chief Executive, appointed by the Chairman after consultation with the Chief Executive; and
c
ten other Commissioners appointed as provided by paragraph (2) below.
2
The Commissioners appointed under this paragraph shall be as follows —
a
one Commissioner appointed by the Transport and General Workers Union or, should they fail to make an appointment, by the selection panel;
b
three Commissioners appointed jointly by Dorset County Council, Poole Borough Council and Purbeck District Council or, should they fail to make all or any of those appointments, by the selection panel; and
c
six additional Commissioners appointed by the selection panel.
Selection panel
5
1
The Chairman shall appoint two persons, not being Commissioners, to act with him as the selection panel whenever any appointment is to be made by the panel under this Order.
2
The selection panel shall make —
a
the appointments to be made under article 4(2)(c) above; and
b
the appointments to be made under article 4(2)(a) or (b) above if the Transport and General Workers Union or the local authorities mentioned in article 4(2)(b) (as the case may be) fail to make any such appointment,
having regard to the advice of the Chief Executive.
3
For the purposes of paragraph (2) (b) above an appointing authority shall be deemed to have failed to make an appointment if the appointment has not been made by the date referred to in or determined under article 7(1) below.
4
The selection panel shall consult the Commissioners for the time being before making any appointment.
Selection of Commissioners
6
1
Each appointing authority shall make the appointments provided for by article 4 above on merit, in accordance with a published recruitment policy and having had regard to equal opportunities.
2
A person shall not be appointed as a Commissioner if he would reach the age of seventy years in his first term of office.
3
Each Commissioner shall be a person who appears to the body appointing him to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions.
4
Without prejudice to the generality of paragraph (3) above, the objective of the appointing authorities shall be to ensure, so far as reasonably practicable, that the Commissioners include persons having special knowledge, experience or ability in the following matters —
a
management of harbours;
b
shipping;
c
industrial, commercial or financial matters;
d
water related leisure activities;
e
administration;
f
local governance; and
g
environmental matters.
5
Before appointing a Commissioner each appointing authority shall consult with the other appointing authorities with a view to achieving, so far as reasonably practicable, the objective mentioned in paragraph (4) above.
Appointment of Commissioners and terms of office
7
1
Each appointing authority shall make the appointments provided for by this Order —
a
in the case of first appointments, not later than 4th October 2001; and
b
in the case of subsequent appointments which fall to be made in any year, by not later than 1st October in that year;
c
in the case of casual vacancies, within 56 days of the vacancy occurring;
d
in the case of appointments to be made by the selection panel in the event of any other appointing authority failing to make an appointment, within 28 days of the date by which the other authority should have made the appointment.
2
The Chief Executive shall hold office as a Commissioner so long as he remains Chief Executive.
3
The officer appointed under article 4(1)(b) above shall hold office as a Commissioner for a term of three years unless he shall previously cease to hold the office held by him at the time of his appointment, and he shall be eligible for reappointment for as long as he continues to be an officer of the Commissioners.
4
Subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to this Order, each of the Commissioners appointed under article 4(1)(c) shall hold office for a term of three years commencing on 1st November in the year in which he is appointed.
5
Subject to paragraph (6) below, upon ceasing to hold office, each Commissioner appointed under article 4(2) above shall be eligible for reappointment unless —
a
he has already held office for three terms;
b
he has already held office for two terms and there are no exceptional reasons for his reappointment; or
c
he has reached the age of seventy years, or would do so within his next term of office.
6
A Commissioner who:
a
has already held office for three terms;
b
has been Chairman for no more than two terms; and
c
was Chairman immediately before the end of his third term,
shall be eligible for reappointment as a Commissioner for a fourth term, but shall cease to hold office as a Commissioner during his fourth term if he is not elected Chairman or ceases to hold office as Chairman.
7
The appointments made under article 4(1)(b) and (c) above shall be notified in writing to the Chief Executive.
Transitional provisions
8
1
Notwithstanding any provision of the Poole Harbour Acts and Orders 1756 to 2001, and subject to paragraphs 7 to 9 of Schedule 2 to this Order —
a
the Chairman who holds office at the date of the coming into force of this Order (“the existing Chairman”) shall continue as Chairman until 31st October 2002; and
b
every other Commissioner appointed or elected under article 3(2) of the Poole Harbour Order 1981 who holds office at the date of the coming into force of this Order shall continue in office until the new constitution date,
2
The first Commissioner appointed under article 4(2)(a) above shall hold office until 31st October 2004.
3
The first Commissioners appointed under article 4(2)(b) above shall hold office until 31st October 2005.
4
Of the first appointments to be made under article 4(2)(c) above —
a
three shall be re-appointments, for a term expiring on 31st October 2003, of Commissioners (none of them being the Chairman) holding office immediately before the new constitution date; and
b
two shall be new appointments for a term expiring on 31st October 2004.
5
For so long as the existing Chairman continues in office in accordance with paragraph (1)(a) above, the number of appointments to be made under article 4(2)(c) above shall be reduced from six to five.
6
As soon as may be after 31st October 2002 or (if earlier) the date upon which the existing Chairman ceases to hold office as a Commissioner, the selection panel shall appoint a Commissioner who, subject to paragraphs 7 and 8 of Schedule 2 to this Order, shall hold office for so long as the other Commissioners first appointed under article 4(2)(c) and paragraph (4)(b) above are to remain in office.
7
If the existing Chairman ceases to hold office as Chairman before 31st October 2002 the Commissioners shall elect one of their number to hold office as Chairman until that date.
Additional Commissioners
9
Notwithstanding article 4 above the Commissioners if they see fit may at any time appoint up to two additional Commissioners at any time for a fixed term of up to twelve months.
Casual vacancies
10
1
If a casual vacancy occurs in the office of a Commissioner, the appointing authority shall appoint another person to fill the vacancy.
2
A person appointed to fill a casual vacancy shall, subject to article 8 of, and paragraphs 7 and 8 of Schedule 2 to, this Order, hold office during the remainder of the term for which the person in whose place he has been appointed was appointed.
3
This article does not apply to additional Commissioners appointed under article 9 above.
Declaration to be made by Commissioners
11
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Provisions applying to Commissioners
12
The provisions set out in Schedule 2 to this Order shall have effect with respect to the Commissioners.
PART III
MISCELLANEOUS PROVISIONS
Accounting provisions
13
1
In section 33 of the Poole Harbour Act 1895 (Accounts), for “the first day of June” there shall be substituted “the first day of August”.
2
In subsection (3) of section 10 of the Poole Harbour Act 1925 (Annual account to be sent to Minister of Transport), for “the twenty-fifth day of March” there shall be substituted “the thirty-first day of March or any other such other date as the Commissioners may determine”.
Repeal and revocation of enactments
14
On the new constitution date —
a
the Acts referred to in columns (1) and (2) of Part I of Schedule 3 to this Order shall be repealed to the extent specified in column (3) of that Part; and
b
the Order referred to in columns (1) and (2) of Part II of Schedule 3 to this Order shall be revoked to the extent specified in column (3) of that Part.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Stephen Reeves
Head of Ports Division,
Department of Transport, Local Government and the Regions
3rd August 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Maldon (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 Maldon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
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 Maldon (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; andany reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Maldon
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into seventeen 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 Maldon
3
1
The ordinary elections of all councillors of the district of Maldon 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 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 Burnham-on-Crouch
4
1
The existing wards of the parish of Burnham-on-Crouch shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the 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 five.
Wards of the parish of Maldon
5
1
The existing wards of the parish of Maldon 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 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 Mayland
6
The parish of Mayland 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 Tollesbury
7
The parish of Tollesbury shall be divided into two 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 Heybridge
8
1
The existing wards of the parish of Heybridge shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Basin, East and West; and the wards shall comprise the areas designated on sheet seven by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Basin parish ward shall be one, for the East parish ward shall be five, and for the West parish ward shall be six.
Number of parish councillors
9
The number of parish councillors to be elected for the parish of St. Lawrence shall be seven.
Revocation
10
The District of Maldon (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport,Local Government and the Regions
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Brentwood (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Brentwood;
“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 Borough of Brentwood (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Brentwood
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas 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 borough of Brentwood
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Parish Elections
4
1
Elections of all parish councillors for the parishes of Ingatestone and Fryerning, Kelvedon Hatch, Mountnessing, Navestock and Stondon Massey, shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
2
Elections of all parish councillors for the parishes of Blackmore, Hook End and Wyatts Green, and Doddinghurst, shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
3
The term of office of any parish councillor to whom paragraphs (1) and (2) of this article applies shall be four years; and those parish 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.
4
Where any provision of an Order made before the making of this Order requires an election of parish councillors for a parish referred to in paragraph (1) or paragraph (2) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
Revocation
5
The District of Brentwood (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport,Local Government and the Regions
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bassetlaw Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd 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 Bassetlaw 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 Bassetlaw 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 the 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 North Nottinghamshire 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 North Nottinghamshire 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 Bassetlaw Hospital and Community Services National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 2) Order 2001.
2
The day appointed for the coming into force of —
a
subsections (1) (c) and (3)(a) of section 416 of the Act; and
b
section 432(3) of and Schedule 22 to the Act, for the purpose of repealing the Insurance Brokers (Registration) Act 1977 ;
is 30th April 2001.
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants etc.) (Dance and Drama) (England) Regulations 2001 and shall come into force on 1st September 2001.
Interpretation
2
1
In these Regulations —
“academic year” means the period from 1st September in one year to 31st August in the following year;
“award student” means an existing award student or a new award student;
“course of higher education” means a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;
“existing award student” means a student who became an award student by virtue of the Education (Grants) (Dance and Drama) (England) Regulations 1999 or the Education (Grants) (Dance and Drama) (England) Regulations 2000 ;
“fees” has the same meaning as in section 28 of the Teaching and Higher Education Act 1998 ;
“governing body” in relation to a relevant institution includes any person or body of persons responsible for the management of the institution;
“new award student” has the meaning given in regulation 3;
“Part 1 relevant institution” and “Part 2 relevant institution” mean the institutions specified in the first column of Part 1 and Part 2 respectively of the Table in Schedule 2;
“relevant course” mean a course starting on or after 1st September 2001 other than a course of higher education; and
“relevant institution” means an institution specified in the first column of the Table in Schedule 2.
Meaning of “new award student”
3
1
In these Regulations “new award student” means a student who has been selected as such according to the appropriate criteria by a Part 1 relevant institution to follow a relevant course at that institution in respect of whom a period of award has been specified and who (unless the student is selected under regulation 5(1)) has, before the beginning of the course —
a
reached the age of 16 in the case of a dance course, or
b
reached the age of 18 in the case of a drama course.
2
For the purposes of this regulation an institution selects students according to the appropriate criteria —
a
if the institution selects students on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at an audition, and
b
where —
i
it appears to the institution that two or more students are of similar ability or aptitude, and
ii
the maximum number of students who may be selected as new award students in accordance with regulation 4(1) is such that both or all such students cannot be selected,
if the institution selects the student or students the income for whom appears to be the lower.
3
For the purpose of paragraph (2)(b) the income for a student is —
a
unless sub-paragraph (b) applies, the income of the students' parents or, in cases where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution so determines, the income of one of the student’s parents, and
b
where, in accordance with criteria specified by or on behalf of the Secretary of State, the institution determines that the student is independent, the income of the student.
New award students — supplementary
4
1
For the purposes of these Regulations the maximum number of students which may be selected by a Part 1 relevant institution as new award students for any academic year with a period of award of one, two or three academic years shall, subject to paragraphs (2) to (5), not exceed the number specified in relation to that institution in the second, third or fourth column (as the case may be) in Part 1 of the Table in Schedule 2.
2
Where for any academic year the number of students selected by a Part 1 relevant institution as new award students with a period of award of three years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with periods of award of one or two years than their maximum, provided that the difference between the aggregate numbers of students selected with periods of award of one or two years and the aggregate of the institution’s maxima for those periods of award does not exceed the amount by which the number of pupils selected with a period of award of three years falls short of the institution’s maximum for that period of award.
3
Where for any academic year the number of students selected by a Part 1 relevant institution as new award students with a period of award of two years is less than the institution’s maximum for that period of award the institution may, with the consent of the Secretary of State, select more new award students with a period of award of one year than their maximum, provided that the difference between the number of students selected with a period of award of one year and the institution’s maximum for that period of award does not exceed the amount by which the number of pupils selected with a period of award of two years falls short of the institution’s maximum for that period of award.
4
Where for any academic year the number of students selected by a Part 1 relevant institution as new award students with a period of award of one, two or three academic years is less than the institution’s maximum for that period of award the Secretary of State may determine that another institution may select more than their maximum for that period of award such that the total number of new award students who can be selected in that academic year with a particular period of award does not exceed the total of all the relevant institutions' maxima for that period of award.
5
For the purposes of this regulation —
a
an institution’s maximum for any particular period of award is the number specified in the second, third or fourth column in Part 1 of the Table in Schedule 2, as the case may be; and
b
a student is selected “for” a particular academic year if he is selected for a course the first academic year of which is the academic year in question.
6
In this regulation references to a student “with” a particular period of award are references to a student in respect of whom that period of award has been specified.
Existing and new award students — supplementary
5
1
Where an award student (“the original student”) ceases to attend an institution before the end of the period of award specified in relation to that student, the relevant institution may in accordance with paragraph (2) select another student (“the substituted student”) as an award student in substitution for the original student and for the purposes of these regulations the original student and the substituted student shall be treated as the same person provided that the substituted student —
a
has reached the age of 16 in the case of a dance course, or
b
has reached the age of 18 in the case of a drama course
at the date of the selection.
2
Any selection of a substituted student under paragraph (1) shall be on the basis of high ability in, or aptitude for, dance or drama, as the case may be, as demonstrated at the same group of auditions as that at which the original student’s ability or aptitude was demonstrated.
3
If, before an award student completes his course, a relevant institution is discontinued and an award student at that institution transfers to another relevant institution the Secretary of State may determine that for the purposes of regulations 7 to 9 the student in question should become an award student at the institution to which the student has transferred for the remainder of the period of award specified in respect of that student.
4
A student cannot be an award student if he has previously been an award student in respect of another course unless the Secretary of State otherwise determines, by reason of his being of the opinion that —
a
the student having been selected for one course (whether or not he has completed it) should attend another course which is more suitable to the continued development of the student; or
b
the student was prevented from completing the course for which he was selected due to circumstances outside his control.
5
The Secretary of State may only make a determination under paragraph (4) if an application is made in writing by the institution at which it is proposed that the student should attend the second course.
6
Where (pursuant to a determination under paragraph (4)) a student becomes an award student at a second course the period of award to be specified in respect of the second course shall be such that the periods of award specified in respect of the first course and the period of award specified in respect of the second course taken together do not exceed four academic years.
Periods of award
6
1
Unless paragraph (2) applies a student is not an award student after the end of the period of award specified in respect of that student.
2
Where an award student has been unable to attend a course throughout the whole of the period of award through circumstances outside the control of the student, the Secretary of State may determine that the student be an award student for a further period not exceeding a period which would result in the student being an award student for four academic years.
Grants to relevant institutions
7
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution.
2
Subject to paragraphs (3) and (4) grant paid under this regulation shall —
a
in the case of a Part 1 relevant institution, be the amount specified in the fifth column of Part 1 of the Table in Schedule 2 in relation to the institution; and
b
in the case of a Part 2 relevant institution, be the amount specified in the second column of Part 2 of the Table in Schedule 2 in relation to the institution,
in each case multiplied by the number of award students attending the institution during the academic year in question.
3
Where an award student attends a relevant institution during part only of an academic year grant paid to the governing body of a relevant institution under this regulation shall (unless a substituted student is selected under regulation 5(1)) be reduced by such amount as the Secretary of State considers appropriate having regard to the length of time during the academic year during which the student attended the institution.
4
The governing body of any relevant institution to whom grant is paid under this regulation shall —
a
remit the fees payable in respect of each award student’s attendance on the course to the extent necessary to secure that the amount payable in respect of each academic year by way of such fees is no more than £1,075; and
b
secure that the fees paid in respect of the audition at which any new award student was selected do not exceed £30 (and accordingly where a fee in excess of that amount was paid repay the difference between the fee paid and £30).
Further grants to relevant institutions — fees
8
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student who attends that institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents, and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of the institution to whom grant is paid under this regulation shall, in addition to the remission of fees which they are required to make by virtue of regulation 7(4)(a), further remit the fees payable in respect of the award student’s attendance on the course by an amount equivalent to the amount of the grant.
Further grants to relevant institutions — maintenance
9
1
The Secretary of State may, in respect of any academic year, pay a grant under this regulation to the governing body of a relevant institution in respect of an award student other than a person mentioned in paragraph 9 of Schedule 1 and not in any other paragraph of that Schedule, who attends the institution during the academic year in question.
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine having regard to the income of the student and his parents and (where the student does not attend the institution during the whole of the academic year) the length of time during the academic year during which the student attends the institution.
3
The governing body of an institution to whom grant is paid under this regulation shall, at such times and in such instalments as may be specified by the Secretary of State, make payments to the award student in respect of his maintenance of an amount equivalent to the amount of the grant.
Additional grants to relevant institutions
10
1
The Secretary of State may pay a grant under this regulation to the governing body of a relevant institution in respect of expenditure incurred or to be incurred for the purpose of or in connection with the education or training in dance or drama of persons who are not award students with a view to such persons becoming award students (whether at the institution in question or at another institution).
2
Grant paid under this regulation shall be such amount as the Secretary of State may determine.
Grant claims
11
The payment of grant under regulations 7, 8, 9 or 10 shall be subject to the governing body of the institution submitting grant claims to the Secretary of State or to any person he may specify at such times and in such manner and form, and furnishing such declarations (including declarations by the award student or his parent) and other information, as the Secretary of State may require.
Requirements to be complied with
12
1
The governing body of a relevant institution shall comply with such requirements (including requirements as to the repayment of grant) as may be specified by the Secretary of State.
2
Without prejudice to the generality of paragraph (1) —
a
the governing body of a relevant institution shall keep such records and accounts and furnish the Secretary of State or, if he so directs, to the Learning and Skills Council for England, such information, documents returns and accounts as the Secretary of State may from time to time require;
b
where a relevant institution provides further education, the governing body of the institution shall permit any person authorised by the Learning and Skills Council for England to inspect the institution and afford to such person all the facilities he may reasonably require for making such an inspection; and
c
where a relevant institution is a school, the governing body of the institution shall permit any person authorised by the Secretary of State to inspect the school and afford to such person all the facilities he may reasonably require for making such an inspection.
Consents and determination
13
Any consent or determination given or made by the Secretary of State for the purposes of these Regulations shall be given or made in writing.
Remit of inspectorates
14
1
Education or training in dance or drama which is —
a
provided by a relevant institution to award students; and
b
suitable to the requirements of persons aged 19 or over
is hereby prescribed for the purposes of section 53(1)(e) of the Learning and Skills Act 2000 (which provides that the Adult Learning Inspectorate’s remit includes such other education or training as may be prescribed).
2
Education or training in dance or drama which is —
a
provided by a relevant institution to award students; and
b
suitable to the requirements of persons aged under 19
is hereby prescribed for the purposes of section 60(1)(d) of the Learning and Skills Act 2000 (which provides that such other education and training as may be prescribed is brought within the extended remit of Her Majesty’s Chief Inspector of Schools in England).
Revocation
15
The Education (Grants) (Dance and Drama) (England) Regulations 2000 and the Education (Grants) (Dance and Drama) (England) (Amendment) Regulation 2000 are hereby revoked, but the revocation of those regulations shall not prevent the Secretary of State from making payments of grant authorised by those regulations in respect of the academic year starting on 1st September 2000 and ending on 31st August 2001, or affect any requirement imposed by or under those regulations.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
3rd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“aircraft documents” has the meaning given by section 88(10) of the Civil Aviation Act 1982 .
“airport charges” means charges payable to the owner or manager of an aerodrome for the use of, or for services provided at, an aerodrome but does not include charges payable by virtue of section 73 of the Transport Act 2000;
“authorised person” means —
any constable; and
any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases pursuant to paragraph 15 of Schedule 1 to the Civil Aviation Act 1982;
“the court” means as respects England, Wales and Northern Ireland, the High Court and, as respects Scotland, the Court of Session; and
“Eurocontrol” has the meaning given by section 24 of the Civil Aviation Act 1982 .
Detention and sale of aircraft for unpaid charges
3
Where default is made in the payment of charges payable in respect of any aircraft by virtue of section 73(1) of the Transport Act 2000, other than charges payable to Eurocontrol, the CAA or an authorised person may, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft in order to satisfy the charges.
4
The CAA or authorised person concerned shall not detain, or continue to detain, an aircraft under these Regulations by reason of any alleged default in the payment of charges payable in respect of any aircraft by virtue of section 73(1) of the Transport Act 2000 if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 3(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to the CAA, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
5
1
The CAA shall not sell an aircraft under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to a person falling within paragraph (2), that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell is liable to sale under these Regulations by reason of the default.
2
A person falls within this paragraph if —
a
he is a person to whom the CAA has specified pursuant to section 73(1)(c) of the Transport Act 2000 that charges are to be paid; or
b
he is a person of a description of persons to whom the CAA has specified pursuant to that section that charges are to be paid.
6
1
The CAA shall, before applying to the court for leave to sell an aircraft under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in the Schedule to these Regulations.
2
If such leave is given, the CAA shall secure that the aircraft is sold for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
7
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due by virtue of section 73(1) of the Transport Act 2000;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
8
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 3 to 7 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
9
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
10
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on any aerodrome to which section 88 of the Civil Aviation Act 1982 applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
11
Nothing in these Regulations shall prejudice any right of a person falling within regulation 5(2) to recover any charges, or any part thereof, by action.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
21st February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trustees for the Central Sheffield University Hospitals National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the old Trust” means the Central Sheffield University Hospitals National Health Service Trust;
“the old trustees” means the trustees for the Central Sheffield University Hospitals National Health Service Trust;
“the new trustees” means the trustees for the Sheffield Teaching Hospitals National Health Service Trust ;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the old trustees and the new trustees on 3rd January 2001.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Sheffield Teaching Hospitals National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
24th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Colchester Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Colchester 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 Colchester 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 North Essex 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 North Essex 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 Essex Rivers 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
11th February 2001


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2001 and shall come into force on 11th April 2001.
2
In this Scheme —
“the operative date” means 11th April 2001;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme (lesser incapacity allowances under scheme) shall be amended by substituting for the words “12th April 2000” the words “11th April 2001”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme, Part I (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies) and Part II (table of loss of earnings and corresponding rates of lesser incapacity allowance), there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to revision and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
12th March 2001
We consent,
David Clelland
Clive J. C. Betts
Two of the Lords' Commissioners of Her Majesty’s Treasury
14th March 2001


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stage III) Designation (Amendment) Order 2001 and shall come into force on 15th October 2001.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Stage III) Designation Order 2000 .
Amendment of the principal Order
3
1
Article 4(2)(b) of the principal Order shall be amended by the substitution of “16” for the figure “15”, and of “2” for the figure “5”.
2
Part 3 of Schedule 1 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 1, of “35” for the figure “25”;
b
in item 2, of “135” for the figure “110”;
c
in item 3, of “50” for the figure “45”;
d
in item 4, of “40” for the figure “35”;
e
in item 5, of “330” for the figure “295”;
f
in item 6(a), of “300” for the figure “265”; and
g
in item 6(b), of “425” for the figure “400”.
3
Part 3 of Schedule 2 to the principal Order shall be amended as follows —
a
in item 1, by the substitution in column 2 of “16” for the figure “14”;
b
in item 2, by the substitution in column 2 of “19” for the figure “18”;
c
in item 3, by the substitution in column 2 of “31” for the figure “30”;
d
in item 4, by the substitution in column 2 of “40” for the figure “38”;
e
in item 5, by the substitution in column 2 of “12” for the figure “10”;
f
in item 11 —
i
by the substitution for the entry in column 1 of the words —
11
Management of woodland to enhance its nature conservation and landscape value.
; and
ii
in column 2, by deleting the figure “14”;
g
in item 15, by the substitution in column 2 of “£0.24 per metre” for “£24 per metre”; and
h
in item 16, by the substitution in column 2 of “25” for the figure “27”.
4
For Part 3 of Schedule 3 to the principal Order there shall be substituted Part 3 as set out in Schedule 1 to this Order.
5
Part 3 of Schedule 4 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 2, of “290” for the figure “230”; and
b
in item 3(a), of “275” for the figure “265”.
6
Part 3 of Schedule 5 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 1, of “11” for the figure “10”;
b
in item 2, of “42” for the figure “40”;
c
in item 3, of “65” for the figure “60”;
d
in item 6, of “60” for the figure “65”; and
e
in item 10, of “35” for the figure “38”.
7
Schedule 6 shall be amended by the substitution —
a
in Part 2, for “Restoration of ponds.”, of the words “The creation or restoration of ponds.”; and
b
for Part 3, of Part 3 as set out in Schedule 2 to this Order.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
19th September 2001
We consent,
Tony McNulty
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Stratford Station and Subsidiary Works) Order 2001 and shall come into force on 22nd March 2001.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to any authorised works;
“the deposited plans” means the plans certified by the Secretary of State as the deposited plans for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“highway” has the same meaning as in the Highways Act 1980 ;
“the limits of deviation” means the limits of deviation for the scheduled works which are shown on the deposited plans;
“the limit for Stratford station” means the limit for Stratford station which is shown on the deposited plans;
“the Order limits” means any of the limits of deviation or the limit for Stratford station;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the principal Act ” means the Channel Tunnel Rail Link Act 1996 ;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“Stratford station” has the meaning given to it in Schedule 1 to this Order;
“ Union Railways ” means Union Railways (North) Limited.
2
Unless the context otherwise requires, other expressions used in this Order and in the principal Act have the same meaning as in that Act.
3
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
4
All directions, distances, lengths and points stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, length and point.
5
Unless the context otherwise requires, any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
6
References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the relevant deposited plan.
PART II
WORKS
Construction and maintenance of scheduled works
3
1
Union Railways may construct and maintain the scheduled works, being —
a
works for a station at Stratford in London for use in connection with the rail link,
b
railways near St Pancras in London providing access between the rail link and the West Coast Main Line by means of a connection to the North London Line, and
c
works ancillary to the works mentioned in sub-paragraphs (a) and (b) above.
2
Subject to paragraph (5) below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Union Railways may, for the purposes of or in connection with the scheduled works, do any of the following within the Order limits —
a
make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts, stagings, buildings, apparatus, plant and machinery as may be necessary or convenient,
b
make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way,
c
construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient,
d
alter or remove any structure erected upon any highway or adjoining land,
e
alter the position of apparatus, including mains, sewers, drains and cables,
f
alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses, and
g
carry out and maintain such other works, of whatever description, as may be necessary or expedient.
4
Union Railways may within the Order limits —
a
carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of any of the authorised works, and
b
carry out and maintain works for the benefit or protection of land affected by any of the authorised works.
5
In constructing or maintaining any scheduled work, Union Railways may —
a
as regards a scheduled work not comprising Stratford station, deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work;
b
as regards the scheduled work comprising Stratford station, construct that work within the limit for Stratford station;
c
in any case, deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 3 metres upwards, or
ii
to any extent downwards.
6
Without prejudice to the generality of paragraphs (3) and (4) above, Union Railways may construct a pedestrian link at Stratford in the London Borough of Newham either —
a
between points X and Y, or
b
between point X and the existing subway serving Stratford station which is within the limit of deviation of Work No. 1E and identified on the deposited plans, with such works within that limit as may be necessary or expedient to make a connection of the link with that subway.
7
The power conferred by paragraph (3)(b) above does not include a power to extinguish any public right of way over any highway.
Stopping up of highways
4
1
Union Railways may exercise the power conferred by paragraph 1(1) of Schedule 3 to the principal Act to stop up York Way between points L1 and L2 (which points are shown on the deposited plans) —
a
for the relevant purposes, and
b
in relation to that part of York Way within the London Borough of Islington as well as the part within the London Borough of Camden.
2
Paragraph (1) above has effect without prejudice to article 15(2) below and subject to paragraph 1(3) of Schedule 3 to the principal Act.
3
In paragraph (1) above, “the relevant purposes” means purposes connected with the construction of the authorised works or the works authorised by Part I of the principal Act.
Highway access
5
Without prejudice to article 3(3)(b) above, Union Railways may, for the purposes of or in connection with the authorised works, form and lay out means of access at points AJ, AM and AN in the London Borough of Camden.
Temporary interference with waterways
6
1
The powers conferred by this article shall be exercisable for the purpose of, or in connection with, the exercise of the powers conferred by this Order in relation to Work No. 1C.
2
Union Railways may —
a
temporarily interfere with the River Lea, at any point within the Order limits, by constructing or maintaining such temporary works, or by carrying out such dredging works, as it considers necessary or expedient.
b
temporarily moor or anchor barges or other vessels or craft in the River Lea, or
c
temporarily close the River Lea, or a part of it, to navigation.
3
The power conferred by paragraph (2)(c) above shall be exercised in a way which secures —
a
that no more of the river is closed to navigation at any time than is necessary in the circumstances, and
b
that, if complete closure of the river to navigation becomes necessary, all reasonable steps are taken to secure that the minimum obstruction, delay or interference is caused to vessels or craft which may be using or intending to use it.
4
Union Railways shall not be liable for any loss suffered, or costs or expenses incurred, by any person as a direct or indirect result of any closure of a waterway in accordance with this paragraph.
Supplementary matters
7
1
A deemed planning permission shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990.
2
The authorised works shall be treated as comprised within the rail link for the purposes of sections 16 to 19, 21 and 22 of the principal Act to the extent that they would be so treated if the scheduled works were authorised by section 1(1) of that Act.
PART III
ACQUISITION OF LAND
Power to acquire land
8
1
The Secretary of State may acquire compulsorily so much of the land shown on the deposited plans within the Order limits as may be required for or in connection with the authorised works.
2
Paragraph (1) above shall not authorise the compulsory acquisition of the land shown as the land numbered 2 in the London Borough of Newham on the deposited plans.
3
Nothing in paragraph (2) above shall prejudice in any way the power of the Secretary of State to acquire the said land pursuant to section 4 of the principal Act.
Application of the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981
9
1
Part I of the 1965 Act, so far as not inconsistent with this Order, shall apply to an acquisition of land under article 8 above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies and as if this Order were a compulsory purchase order under that Act.
2
In its application by virtue of paragraph (1) above, the 1965 Act shall have effect with the following modifications —
a
section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted;
b
section 11(1) (power to enter on and take possession of land the subject of a notice to treat after giving not less than fourteen days' notice) shall have effect —
i
in a case where the notice to treat relates only to the acquisition of subsoil or under-surface of land or an easement or other right over land, with the substitution for “fourteen days” of “one month's”, and
ii
in any other case, with the substitution for “fourteen days” of “3 months”;
c
in Schedule 3 (alternative procedure for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted.
3
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
4
In its application by virtue of paragraph (3) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications —
a
in section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette.
;
b
in that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”, and after “given” there shall be inserted “and published”;
c
in that section, subsections (5) and (6) shall be omitted and for those subsections there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
;
d
in section 5 (earliest date for execution of declaration) —
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and
ii
subsection (2) shall be omitted;
e
in section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted;
f
references to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 8 above.
Acquisition of new rights
10
1
The power conferred by article 8 above shall include, in relation to any land to which the power relates, power to create and acquire such easements or other rights over land as may be required as mentioned in that provision instead of acquiring the land itself.
2
Part I of the 1965 Act as applied to the acquisition of land under article 8 above, and the enactments relating to compensation for the compulsory purchase of land, shall apply to a compulsory acquisition by virtue of paragraph (1) above —
a
with the modifications specified in Schedule 2 below, and
b
with such other modifications as may be necessary.
3
In relation to land to which this paragraph applies, article 8 above, so far as relating to acquisition by virtue of paragraph (1) above, shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.
4
Paragraph (3) above applies to land within the Order limits which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the authorised works; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989 , a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 , a sewerage undertaker within Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.
Compensation for injurious affection
11
Section 10(1) of the 1965 Act (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of works under this Order, with the substitution for “acquiring authority have” of “Union Railways has”.
Acquisition and use of subsoil
12
1
The power conferred by article 8 above shall be exercisable as well in relation to the subsoil or under-surface only as in relation to the land as a whole.
2
Section 8(1) of the 1965 Act (limitation on right to require a person to sell part only of any house, building, manufactory or park or garden belonging to a house) shall not apply where the power conferred by article 8 above is exercised in relation to the subsoil or under-surface of land only.
3
Union Railways may enter upon, take and use for the purposes of the authorised works so much of the subsoil of any highway within the Order limits as shall be required for the purpose of the construction or maintenance of those works, without being required to acquire that subsoil or any interest therein.
Time limit for powers of compulsory acquisition
13
After the end of the period of 5 years beginning with the day on which this Order is made —
a
no notice to treat shall be served under Part I of the 1965 Act, as applied to the acquisition of land under article 8 above;
b
no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 9(3) above.
PART IV
MISCELLANEOUS AND GENERAL
Certification of plans etc.
14
Union Railways shall, as soon as practicable after the making of this Order, submit one or more copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Application of provisions of principal Act
15
1
Schedule 3, which amongst other matters applies provisions of the principal Act not applied by the preceding provisions of this Order, shall have effect.
2
So far as consistent with the provisions of this Order and the Transport and Works Act 1992 and so far as any person exercising the powers conferred by this Order is a nominated undertaker for the purposes of any provisions of Part I of the principal Act, this Order and the principal Act shall be construed as one.
3
Without prejudice to the generality of paragraph (2) above, in determining any application or request by Union Railways to any body for an approval or consent under the provisions of the principal Act (including those provisions as applied by this Order), it shall be competent for that body to have regard (so far as relevant) to the combined effect of the works authorised by this Order and the works authorised by the principal Act for the purposes of the construction of which Union Railways is the nominated undertaker.
Transfer of functions of other railway operators relating to works
16
1
If the Secretary of State acquires any land for the purposes of this Order from a railway operator and there are situated on the land works authorised by statute, he (or Union Railways with the approval of the Secretary of State) may enter into an agreement with the railway operator for the transfer of any statutory power or duty relating to the works previously exercisable by the railway operator to him or Union Railways.
2
In paragraph (1) above, references to a railway operator are to a person who has the management for the time being of a network, station or light maintenance depot.
3
In this article, “light maintenance depot”, “network” and “station” have the same meaning as in Part I of the Railways Act 1993 .
Transfer of functions under Order
17
1
Subject to paragraphs (2) and (3) below, Union Railways may enter into an agreement with any person (“the transferee”) for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Union Railways under this Order —
a
either permanently or for such period as is specified in or determined under the agreement; and
b
either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
2
The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part I of the principal Act, be subject to the approval of the Secretary of State.
3
Any agreement or undertaking entered into by Union Railways in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made by virtue of paragraph (1) above, be binding on the transferee.
4
Where an agreement is made by virtue of paragraph (1) above, references to Union Railways in this Order (including references inserted or substituted by this Order in the principal Act or any other enactment) shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.
Termination of development agreement
18
1
This article applies where the Secretary of State has entered into a development agreement for purposes connected with the construction or operation of the Channel Tunnel Rail Link, and that agreement has been terminated under provisions contained therein.
2
Where this article applies, the Secretary of State may by notice in writing transfer to himself or to a nominated undertaker within the meaning of section 34 of the principal Act any of the powers, functions, duties or liabilities of Union Railways under this Order, or of any person to whom Union Railways has transferred them.
3
Where he has transferred such a power, function, duty or liability to himself the Secretary of State may subsequently transfer it to such a nominated undertaker.
4
In exercising his powers under paragraphs (2) and (3) above, the Secretary of State may deal differently in respect of different parts of the authorised works.
5
Any notice under paragraph (2) above shall be given by the Secretary of State to Union Railways or to any person to whom Union Railways has transferred any of the powers, functions, duties or liabilities of Union Railways under this Order.
6
Paragraph (3) of article 17 above shall apply in relation to any transfer of functions, powers or duties to the Secretary of State or a nominated undertaker under this article as it applies in relation to any transfer of functions, powers or duties by virtue of an agreement under paragraph (1) of that article.
Signed by Authority of the Secretary of State for the Environment, Transport and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department of the Environment, Transport and the Regions
1st March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of St Edmundsbury (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 —
“borough” means the borough of St Edmundsbury;
“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 Borough of St Edmundsbury (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of St Edmundsbury
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty-one 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 St Edmundsbury
3
1
The ordinary elections of all councillors of the borough of St Edmundsbury 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 Fornham All Saints
4
The parish of Fornham. All Saints shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Haverhill
5
1
The existing wards of the parish of Haverhill shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Haverhill East, Haverhill North, Haverhill South and Haverhill West; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each of the Haverhill East and Haverhill North parish wards shall be five, and for each of the Haverhill South and Haverhill West parish wards shall be three.
Wards of the parish of Honington-cum-Sapiston
6
The parish of Honington-cum-Sapiston shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
7
The Borough of St Edmundsbury (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001


text:
1
This Order may be cited as the Detention Centre (Specified Diseases) Order 2001 and shall come into force on 2nd April 2001.
2
The diseases listed in the Schedule to this Order are specified for the purposes of paragraph 3(7) of Schedule 12 to the Immigration and Asylum Act 1999 (diseases which might endanger the health of others).
Barbara Roche
Minister of State
Home Office
28th January 2001


text:
1
This Order may be cited as the Transport Act 2000 (Extinguishment of Loans) (Civil Aviation Authority) Order 2001 and shall come into force on 31st March 2001.
2
All of the Civil Aviation Authority’s liabilities in respect of the principal the loans specified in the Schedule to this Order are hereby extinguished.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
6th March 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 6) Order 2001; it extends to England and shall come into force on 21st April 2001.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 in so far as it applies to England, is amended in accordance with the following provisions of this article.
2
Articles 18 to 29 are replaced by Schedule 1 to this Order.
3
After article 34 there shall be inserted —
Animals on common land
34A
The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land unless instructed to do so by a notice from a veterinary inspector.
.
4
Schedule 2 to this Order is added after Schedule 5 to the 1983 Order.
Transitional provisions
3
1
Declaratory Orders made under Part III of the 1983 Order before this Order comes into force shall have effect so that the provisions of Part III of the 1983 Order as amended by this Order apply in those areas instead of the provisions specified in article 2 of and Schedule 2 to the Declaratory Orders.
2
Licences under regulation 18(4) of the amended Order shall not permit any movement before 23 April 2001.
Hayman
Minister of State
Ministry of Agriculture Fisheries and Food
7 p.m. 20th April 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the River Thames (Hungerford Footbridges) (Variation) Order 2001 and shall come into force on 11th December 2001.
Interpretation
2
1
In this Order —
“the Principal Order ” means the River Thames (Hungerford Footbridges) Order 1999 ;
“the substituted plans” means the Works Plan and the Footpath Plan being the plans certified by the Secretary of State under those names as the substituted plans for the purposes of this Order;
“the substituted sections” means the sections certified by the Secretary of State as the substituted sections for the purposes of this Order.
2
Except as provided by the terms of this Order any expression used in the Principal Order shall have the same meaning in this Order as in the Principal Order.
PART II
PRINCIPAL PROVISIONS
Variations of the Principal Order
3
1
The Principal Order is amended in accordance with Schedule 1 and Schedule 2 to this Order.
2
The substituted plans and substituted sections are substituted for, respectively, the plans referred to in the Principal Order as the Works Plan and the Footpath Plan and the deposited sections certified under the names Upstream and Downstream Long Sections and Bridge Sections as deposited sections for the purposes of the Principal Order and all references in the Principal Order to the Works Plan and the Footpath Plan and the deposited sections so certified shall be construed as if reference were made in the Principal Order to the substituted plans and substituted sections.
PART III
MISCELLANEOUS AND GENERAL
Certification of plans, etc.
4
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the substituted plans and the substituted sections to the Secretary of State for certification that they are true copies of, respectively, the substituted plans and the substituted sections referred to in this Order; and a document so certified shall be admissible in any proceedings as proof of the contents of the document of which it is a copy.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department for Transport, Local Government and the Regions
20th November 2001


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (England) (Amendment No. 2) Regulations 2001 and shall come into force on 26th April 2001.
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 shall be amended as follows:
a
in regulation 2(1) at the appropriate point in alphabetical order there shall be inserted the following definitions:
“graduate teacher” means a person employed in a school in accordance with Part II of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
;
“registered teacher” means a person employed in a school in accordance with Part III of Schedule 2 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999;
;
b
in regulation 7(2)(a)(i) after “period” there shall be inserted “or was employed as a graduate teacher or a registered teacher”; and
c
in Schedule 1 after paragraph 16 there shall be added the following paragraph:
17
A person who —
a
has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such by the competent authority in that country;
b
has not less than two years' full-time teaching experience, or its equivalent, in the United Kingdom or elsewhere;
c
is a qualified teacher who achieved qualified teacher status, by virtue of paragraph 7 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999, after the coming into force of these amending regulations; and
d
has been assessed by a person approved by the Teacher Training Agency as meeting the standards mentioned in regulation 13.
.
Estelle Morris
Minister of State
Department for Education and Employment
4th April 2001


text:
1
1
This Order may be cited as the A5 London to Holyhead Trunk Road (Nutts Lane Junction Improvement) Order 2001 and shall come into force on 19th July 2001.
2
In this Order all 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/236, marked “The A5 London to Holyhead Trunk Road (Nutts Lane Junction Improvement) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions, and deposited at DETR , Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards-on-Sea, Hastings, East Sussex TN37 7GA.
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 authority of the Secretary of State for Transport, Local Government and the Regions
Nick Carter
Divisional Director, Highways Agency
28th June 2001


text:
Citation and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 7) Order 2001.
Provisions coming into force in England
2
The provisions of the Transport Act 2000 specified in the Schedule to this Order shall come into force on 26th October 2001 as respects England.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Sally Keeble
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
3rd October 2001


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st September 2001.
2
The Education (Mandatory Awards) Regulations 2001 shall be amended as follows.
3
In regulation 5(4) delete the words “in England and Wales,” and “outside England and Wales,” where they appear.
4
In paragraph 14(1) of Schedule 2 delete the words “(determined in accordance with paragraph 13(2)(a) or (b))”.
5
After paragraph 14(1) of Schedule 2 insert the following sub-paragraph —
1A
For the purpose of this paragraph and notwithstanding the provisions of paragraph 12(3), a child shall be treated as a dependent child of a student even if the child’s income exceeds by £950 or more the relevant sum specified in paragraph 13(4)(a) or (b).
.
6
After paragraph 14(3) of Schedule 2 insert the following sub-paragraph —
3A
Where the income of a dependent child of the student exceeds by £950 or more the sum specified in paragraph 13(4)(a) or (b), the amount payable under sub-paragraph (2) shall be reduced by the amount of his income less £950.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
1st August 2001


text:
Citation
1
This Order may be cited as the Mental Health Act 1983 (Remedial) Order 2001.
Commencement, application, extent and interpretation
2
1
This Order shall come into force on 26th November 2001.
2
This Order shall apply in relation to any determination made by a Mental Health Review Tribunal on or after the date on which this Order comes into force (including any determination in respect of an application or referral made to the Tribunal before that date).
3
This Order shall extend to England and Wales only.
4
In this Order “ the Act ” means the Mental Health Act 1983.
Amendment of section 72(1) of the Act
3
In section 72 of the Act (powers of tribunals) for subsection (1) there shall be substituted —
1
Where application is made to a Mental Health Review Tribunal by or in respect of a patient who is liable to be detained under this Act, the tribunal may in any case direct that the patient be discharged, and —
a
the tribunal shall direct the discharge of a patient liable to be detained under section 2 above if they are not satisfied —
i
that he is then suffering from mental disorder or from mental disorder of a nature or degree which warrants his detention in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; or
ii
that his detention as aforesaid is justified in the interests of his own health or safety or with a view to the protection of other persons;
b
the tribunal shall direct the discharge of a patient liable to be detained otherwise than under section 2 above if they are not satisfied —
i
that he is then suffering from mental illness, psychopathic disorder, severe mental impairment or mental impairment or from any of those forms of disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or
ii
that it is necessary for the health of safety of the patient or for the protection of other persons that he should receive such treatment; or
iii
in the case of an application by virtue of paragraph (g) of section 66(1) above, that the patient, if released, would be likely to act in a manner dangerous to other persons or to himself.
.
Amendment of section 73 of the Act
4
In section 73 of the Act (power to discharge restricted patients) for subsections (1) and (2) there shall be substituted —
1
Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to such a tribunal, the tribunal shall direct the absolute discharge of the patient if —
a
the tribunal are not satisfied as to the matters mentioned in paragraph (b)(i) or (ii) of section 72(1) above; and
b
the tribunal are satisfied that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.
2
Where in the case of any such patient as is mentioned in subsection (1) above —
a
paragraph (a) of that subsection applies; but
b
paragraph (b) of that subsection does not apply,
the tribunal shall direct the conditional discharge of the patient.
.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
18th November 2001


text:
Citation and interpretation
1
This Order may be cited as the British Railways Board (Reduction of Membership) Order 2001 and shall come into force on 1st February 2001.
Membership of the British Railways Board
2
The membership of the British Railways Board shall consist of a chairman and one or more other persons appointed by the Secretary of State.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
24th January 2001