text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2000 and shall come into force on 1st April 2000.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1999 shall be amended with effect from 1st April 2000 as follows.
4
There shall be inserted in the appropriate position in paragraph 1.2 the following definition —
“experience point” means a point awarded under paragraph 18.2 to a classroom teacher in respect of experience;
.
5
For paragraphs 4.1 and 4.2 there shall be substituted —
4.1
From 1st April 2000 a head teacher shall be paid such salary based on pay spine A set out in paragraph 4.4 as the relevant body shall determine in accordance with paragraph 5.4 or 6.
4.2
From 1st April 2000 a deputy head teacher shall be paid such salary based on pay spine B set out in paragraph 4.4 as the relevant body shall determine in accordance with paragraph 12.
.
6
The following tables shall be substituted for the tables in paragraph 4.4 —
Pay Spine A from 1st April 2000
Spine point Annual Salary £
1 32,184 2 32,988 3 33,813 4 34,659 5 35,526 6 36,408 7 37,314 8 38,244 9 39,198 10 40,173 11 41,172 12 42,195 13 43,251 14 44,322 15 45,423 16 46,548 17 47,703 18 48,885 19 50,097 20 51,339 21 52,611 22 53,916 23 55,254 24 56,625 25 58,029 26 59,469 27 60,945 28 62,457 29 64,005 30 65,592 31 67,218 32 68,889 33 70,593 34 72,312
Pay spine B from 1st April 2000
Spine point Annual Salary £
1 28,158 2 28,623 3 29,085 4 29,547 5 30,006 6 30,462 7 30,933 8 31,383 9 31,860 10 32,319 11 32,772 12 33,237 13 33,696 14 34,167 15 34,623 16 35,085 17 35,547 18 36,009 19 36,468 20 36,927 21 37,554 22 38,157 23 38,778 24 39,393 25 40,011 26 40,623 27 41,238 28 41,859 29 42,471 30 43,251 31 44,010 32 44,781 33 45,549 34 46,320
7
The following paragraph shall be inserted after paragraph 4 —
4A.1
Paragraph 4A.2 shall apply where a head teacher or deputy head teacher —
a
first became entitled to be paid as a head teacher or deputy head teacher during the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
b
was entitled to be paid as a classroom teacher at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
c
if during the period referred to in sub-paragraph (b) his experience points had been re-determined in accordance with paragraph 17.3 of the amended Document but on the basis of his service as of 1st September 1999, the re-determination would have resulted in a reduction in the number of experience points to which he was entitled.
4A.2
The head teacher or deputy head teacher shall, for a period starting on or after 1st April 2000 to be determined by the relevant body by the method set out in paragraph 17.8 for determining the relevant period, be entitled to be paid such salary as the relevant body determine in accordance with paragraph 4.1 less a sum determined by the relevant body in accordance with paragraph 4A.3.
4A.3
The sum is —
A - B
where —
A is the teacher’s total salary entitlement for the period during which he was entitled to be paid as a classroom teacher starting on or after 1st September 1999 calculated by reference to the spine point (or spine points) on the pay spine set out in paragraph 17.2 of the Document at which he was entitled to be paid; and
B is the teacher’s total salary entitlement for the period during which he was entitled to be paid as a classroom teacher starting on or after 1st September 1999 calculated by reference to the spine point (or spine points) one point below the spine point (or spine points) on the pay spine set out in paragraph 17.2 of the Document at which he was entitled to be paid.
4A.4
Paragraph 4 has effect subject to this paragraph and paragraph 17A.3.
4A.5
In paragraph 4A “the Document”, and “the amended Document” have the same meanings as in paragraph 17.12.
.
8
The following table shall be substituted for the table in paragraph 7.3 —
Group Spine points Range £
1 1–9 32,184–39,198 2 3–12 33,813–42,195 3 6–15 36,408–45,423 4 9–18 39,198–48,885 5 13–22 43,251–53,916 6 16–26 46,548–59,469 7 19–30 50,097–65,592 8 23–34 55,254–72,312.
9
The following table shall be substituted for the table in paragraph 12.1.3 —
Group Spine points Range £
1 1–8 28,158–31,383 2 1(S) 2–10 28,623–32,319 3 2(S) 4–13 29,547–33,696 4 3(S) 8–20 31,383–36,927 5 4(S) 15–26 34,623–40,623 6 22–34 38,157–46,320
.
10
For paragraph 17 there shall be substituted —
17.1
A classroom teacher who —
a
was appointed to his first post following his qualification as a teacher on or after 1st September 1999; or
b
with effect from 1st September 1999 did not have any experience points; or
c
was not entitled to be paid under paragraph 17 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000,
shall be paid such salary based on pay spine A set out in paragraph 17.7 as the relevant body shall determine in accordance with paragraphs 17.9, 17.10 and 27.1 (unqualified teacher becoming qualified).
17.2
The relevant body shall re-determine the award of experience points in accordance with paragraph 17.3 in the case of all classroom teachers who are entitled to be paid under paragraph 17 of the amended Document at any time during the period starting on 1st April 2000 and ending on 31st August 2000 except those who —
a
were appointed to their first post following their qualification as a teacher on or after 1st September 1999; or
b
with effect from 1st September 1999 did not have any experience points; or
c
were not entitled to be paid under paragraph 17 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
17.3
The award of experience points shall be re-determined in accordance with paragraph 18.2 of the Amended Document on the basis of a classroom teacher’s service as of 1st September 1999, and
a
in the case of a teacher who is in service on 1st April 2000 and entitled to be paid under paragraph 17 of the amended Document, the re-determination shall have effect from 1st April 2000; and
b
in all other cases, the re-determination shall have effect from the first date following 1st April 2000 on which the teacher resumes service and is entitled to be paid under paragraph 17 of the amended Document.
17.4
Except as provided for in paragraph 17.6.2, paragraph 17.5 shall apply to a classroom teacher —
a
who was entitled to be paid under paragraph 17 of the Document for any part of the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
b
the re-determination of whose experience points in accordance with paragraphs 17.2 and 17.3 results in a reduction in the number of experience points to which he is entitled.
17.5
A classroom teacher to whom this paragraph applies —
a
shall, subject to paragraph 17A, be entitled to be paid such salary based on pay spine B set out in paragraph 17.7 as the relevant body shall determine in accordance with paragraphs 17.9 and 17.10 on the basis of —
i
the teacher’s experience points as re-determined in accordance with paragraphs 17.2 and 17.3, and
ii
any points which he held in respect of a good honours degree, responsibility, excellence, recruitment and retention or special educational needs immediately before 1st April 2000, or in the case of a teacher who was not in service on that date, on his last day in service before 1st April 2000,
for the relevant period; and
b
following the expiry of such period he shall be paid such salary based on pay spine A set out in paragraph 17.7 as the relevant body shall determine in accordance with paragraphs 17.9 and 17.10.
17.6.1
Where —
a
a classroom teacher was entitled to be paid under paragraph 17 of the Document for any part of the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
b
the re-determination of his experience points in accordance with paragraphs 17.2 and 17.3 does not result in a reduction in the number of experience points to which he is entitled,
he shall be paid such salary based on pay spine A set out in paragraph 17.7 as the relevant body shall determine in accordance with paragraphs 17.9 and 17.10.
17.6.2
Where —
a
the re-determination of a classroom teacher’s experience points in accordance with paragraphs 17.2 and 17.3 results in a reduction in the number of experience points to which he is entitled; and
b
at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000 he was paid a salary calculated by reference to the spine point on the pay spine set out in paragraph 17.2 of the Document at which he was entitled to be paid for that period,
he shall be paid such salary based on pay spine A set out in paragraph 17.7 as the relevant body shall determine in accordance with paragraphs 17.9 and 17.10.
17.7
The pay spines for classroom teachers are —
Pay Spine A
Spine point Annual Salary £
1 15,141 1.5 15,591 2 16,050 2.5 16,485 3 16,923 3.5 17,376 4 17,844 4.5 18,366 5 18,906 5.5 19,467 6 20,046 6.5 20,640 7 21,249 7.5 21,879 8 22,524 8.5 23,226 9 23,958 9.5 24,693 10 25,443 10.5 26,190 11 26,958 11.5 28,014 12 29,109 12.5 30,063 13 31,050 13.5 32,268 14 33,531 14.5 34,275 15 35,034 15.5 35,817 16 36,618 16.5 37,428 17 38,262
Pay Spine B
Spine point Annual Salary £
1 13,920.64 1.5 14,391.46 2 14,875.45 2.5 15,285.46 3 15,685.98 3.5 16,047.35 4 16,415.38 4.5 16,883.24 5 17,373.26 5.5 17,892.61 6 18,429.96 6.5 18,973.98 7 19,537.16 7.5 20,067.20 8 20,595.58 8.5 21,255.93 9 21,962.94 9.5 22,681.28 10 23,406.29 10.5 23,736.78 11 24,067.45 11.5 25,260.90 12 26,501.67 12.5 27,101.64 13 27,713.79 13.5 29,569.04 14 31,510.95 14.5 32,200.80 15 32,905.65 15.5 33,655.33 16 34,406.35 16.5 36,303.43
17.8
The relevant body shall determine the period starting on or after 1st April 2000 (“the relevant period”) during which a classroom teacher shall be paid a salary based on pay spine B as follows:
the period (expressed in days or fractions of days rounded to two decimal places) during which a classroom teacher shall be paid a salary based on pay spine B is
153A 213
where
A is the number of days for which the teacher was entitled to be paid in accordance with paragraph 17 of the Document during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
17.9
Subject to paragraphs 19 to 21 and 27.1, the relevant body shall determine the point above the minimum point on the pay spine on which each individual classroom teacher shall be paid on the basis of the criteria in paragraph 18 only. If a classroom teacher is not entitled to any points on the basis of the criteria in paragraph 18, he shall be paid at the minimum point on the pay spine.
17.10
In awarding points under paragraphs 18.2.1(e), 18.3, 18.4, 18.5 and 18.6.4, the relevant body may award a half point provided the number of points awarded does not exceed the maximum specified in those paragraphs.
17.11
In any case where paragraph 4A, 17, 17A or 23A of the amended Document operates so that a classroom teacher receives during the period starting on 1st September 1999 and ending on 31st August 2000 (taking such period as a whole) less salary than he would have done if the provision contained in paragraph 18 of the amended Document had been included in the Document with effect from 1st September 1999, he shall be entitled on 31st August 2000 to a balancing payment equal to such shortfall.
17.12
In paragraph 17 —
“the Document” means the School Teachers' Pay and Conditions Document 1999 before its amendment by the Education (School Teachers' Pay and Conditions) Order 2000;
“the amended Document” means the School Teachers' Pay and Conditions Document 1999 following its amendment by the Education (School Teachers' Pay and Conditions) Order 2000; and
“the relevant period” means the period determined by the relevant body under paragraph 17.8.
.
11
The following paragraph shall be inserted after paragraph 17 —
Spine for classroom teachers — special cases
Change in salary rate during the relevant period
17A.1.1
Paragraph 17A.2 applies, subject to paragraphs 17A.3 to 17A.5, where a further re-determination during the relevant period of the salary of a classroom teacher to whom paragraph 17.5 (a) applies results in a change in the number of points to which he is entitled (“a subsequent re-determination”).
17A.1.2
Paragraph 17A.2 does not apply where paragraph 17A.7 or 17A.8 applies.
17A.2.1
The classroom teacher’s salary shall be re-determined on the basis of his experience points as re-determined under paragraphs 17.2 and 17.3 of the amended Document.
17A.2.2
If the subsequent re-determination of his salary results in an increase in the number of points to which he is entitled —
a
he shall continue to be entitled to be paid the salary based on pay spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5 (a) for the remainder of the relevant period, and for that remaining period (or until another subsequent re-determination is made) he shall be entitled to be paid an additional sum by way of salary determined by the relevant body in accordance with paragraph 17A.2.3; and
b
following the expiry of such period, paragraph 17.5 (b) shall apply to him.
17A2.3
The additional sum is —
A 365 × ( B - C )
where —
A is the remainder of the relevant period expressed as a number of days;
B is the annual salary for the spine point on pay spine A at which the teacher’s salary is determined at the subsequent re-determination; and
C is the annual salary for the spine point on pay spine A equivalent to the spine point on pay spine B at which the teacher is entitled to be paid following the re-determination of his salary under paragraph 17.5(a).
17A.2.4
If the subsequent re-determination of his salary results in a decrease in the number of points to which he is entitled —
a
for the remainder of the relevant period he shall be entitled to be paid the salary based on spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5(a), subject to any other subsequent re-determination less a sum determined by the relevant body in accordance with paragraph 17A.2.5; and
b
following the expiry of such period, paragraph 17.5(b) shall apply to him.
17A.2.5
The sum to be subtracted is —
A 365 × ( C - B )
where
A, B and C have the same meanings as in paragraph 17A.2.3.
Classroom teacher becomes a head teacher, deputy head teacher or advanced skills teacher during the relevant period
17A.3
Paragraphs 17A.2.2 to 17A.2.5 also apply where during the relevant period a classroom teacher becomes entitled to be paid as a head teacher, a deputy head teacher or an advanced skills teacher with the modifications that —
a
B is the annual salary on the pay spine for head teachers, deputy head teachers or advanced skills teachers, as the case may be, at which the teacher would but for this paragraph have become entitled to be paid; and
b
in paragraphs 17A.2.2(b) and 17A.2.4(b) for “paragraph 17.5(b)” there is substituted “paragraph 4 in the case of a head teacher or deputy head teacher, or paragraph 23 in the case of an advanced skills teacher”.
17A.4
Classroom teacher employed on a day to day or other short notice basis in the relevant period
Paragraph 17A.4.2 shall apply where —
17A.4.1
a
a classroom teacher becomes entitled to a salary calculated in accordance with paragraph 33.2 (teacher employed on a day to day or other short notice basis) during the relevant period; and
b
he was not entitled to a salary calculated in accordance with paragraph 33.2 at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
17A.4.2
Paragraph 17.5 (a) shall continue to apply to the teacher but instead of applying for the remainder of the relevant period, paragraph 17.5 (a) shall apply for a period to be calculated by the relevant body in accordance with paragraph 17A.4.3.
17A.4.3
The period is the number of working days (including fractions of days rounded to two decimal places) equal to the number of days in the remainder of the relevant period.
17A.4.4
In this paragraph “working day” means a day in respect of which a classroom teacher is entitled to receive salary in accordance with paragraph 33.2.
Change in the proportion of the school week for which a classroom teacher works during the relevant period
17A.5
17A.5.1
Paragraphs 17A.2.1 to 17A.2.3. also apply where during the relevant period a classroom teacher’s salary increases due to —
a
a change from part-time service to full-time service; or
b
an increase in the proportion of the school week for which he works,
with the modification that B is calculated by reference to the proportion of the school week worked by the teacher after the change, and C is calculated by reference to the proportion of the school week worked by the teacher before the change.
17A.5.2
Paragraphs 17A.2.1, 17A.2.4 and 17A.2.5 also apply where during the relevant period a classroom teacher’s salary decreases due to —
a
a change from full-time service to part-time service; or
b
a decrease in the proportion of the school week for which he works,
with the modification that B is calculated by reference to the proportion of the school week worked by the teacher after the change, and C is calculated by reference to the proportion of the school week worked by the teacher before the change.
17A.5.3
Where a teacher to whom paragraphs 17A.5.1 applies changed from full-time to part-time service, part-time to full-time service or changed the proportion of the school week for which he worked during the period starting on 1st September 1999 and the ending immediately before 1st April 2000, paragraph 17A.8 shall apply in place of paragraph 17A.5.
Change in salary rate during the period 1st September 1999 to 31st March 2000
17A.6
17A.6.1
Except where paragraph 17A.7 or 17A.8 applies, paragraph 17A.6.2 applies where the salary of a classroom teacher to whom paragraph 17.5(a) applies was re-determined other than pursuant to paragraph 3.1(a) on one or more occasions during the period starting on 1st September 1999 and ending immediately before 1st April 2000, and that re-determination resulted in a change in the number of points to which he was entitled.
17A.6.2
a
For the relevant period the classroom teacher shall be entitled to be paid the salary based on pay spine B set out in paragraph 17.7 re-determined by the relevant body under paragraph 17.5(a) —
i
plus a sum to be determined by the relevant body in accordance with paragraph 17A.6.3 if such sum is positive; or
ii
minus a sum to be determined by the relevant body in accordance with paragraph 17A.6.3 if such sum is negative; and
b
following the expiry of the relevant period, paragraph 17.5(b) shall apply to him.
17A.6.3
The sum is —
( A + B ) - ( C + D )
where —
A is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine points one point below the spine points on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid;
B is the teacher’s total salary entitlement for the relevant period calculated by reference to the spine point on pay spine A equivalent to the spine point on pay spine B at which the teacher is entitled to be paid during the relevant period;
C is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine points on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid;
D is the teacher’s total salary entitlement for the relevant period calculated by reference to the spine point on pay spine B at which the teacher is entitled to be paid during the relevant period.
17A.7
Classroom teacher employed on a day to day or short notice basis in the period 1st September 1999 to 31st March 2000
17A.7.1
Paragraph 17A.7.2 applies where a classroom teacher’s salary was calculated in accordance with paragraph 33.2 (teacher employed on a day to day or other short notice basis) at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
17A.7.2
Paragraph 17.5(a) shall apply with the modifications that —
a
in the case of a teacher whom the relevant body are satisfied is likely to continue to be employed on a day to day or short notice basis on and after 1st April 2000, the relevant body may determine that the relevant period is a number of working days equal to —
i
the number of working days on which he worked in the period starting on 1st September 1999 and ending immediately before 1st April 2000, plus
ii
the number of days in respect of which the teacher was paid a salary not calculated in accordance with paragraph 33.2 in the period starting on 1st September 1999 and ending immediately before 1st April 2000,
where “working day” means a day in respect of which a classroom teacher is entitled to receive salary in accordance with paragraph 33.2; and
b
instead of a salary based on pay spine B set out in paragraph 17.7, the teacher shall for the relevant period be entitled to be paid a salary based on pay spine A set out in paragraph 17.7 determined by the relevant body in accordance with paragraphs 17.9 and 17.10 less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3.
17A.7.3
The sum to be subtracted is —
A - B
where —
A is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine point (or spine points where the teacher’s salary changed in the period) on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid; and
B is the teacher’s total salary entitlement for the period starting on 1st September 1999 and ending immediately before 1st April 2000 calculated by reference to the spine point one point below the spine point (or spine points where the teacher’s salary changed in the period) on the pay spine set out in paragraph 17.2 of the Document at which the teacher was entitled to be paid.
17A.7.4
Where the salary entitlement of a teacher entitled to be paid a salary determined in accordance with paragraph 17.5(a) as modified by paragraph 17A.7.2 changes for a reason other than the annual revalorisation of spine points or due to the operation of paragraph 17.5 during the relevant period, his salary entitlement during the relevant period shall be further adjusted in accordance with paragraph 17A.7.5.
17A.7.5
a
Where the change results in an increase in the classroom teacher’s salary, he shall be entitled to an additional sum to be calculated by the relevant body in accordance with paragraph 17A.2.3 with the modification that C is the annual salary for the spine point on pay spine A at which the teacher is entitled to be paid following the determination under paragraph 17.5(a) as modified by 17A.7.2(b); and
b
where the change results in a decrease in the classroom teacher’s salary, he shall be entitled to the salary determined by the relevant body under paragraph 17.5(a) as modified by paragraph 17A.7.2(b) less a sum to be calculated by the relevant body in accordance with paragraph 17A.2.5 with the modification referred to in sub-paragraph (a).
Change in the proportion of the school week for which a classroom teacher worked during the period 1st September 1999 to 1st April 2000
17A.8
17A.8.1
Paragraph 17A.8.2 applies where during the period starting on 1st September 1999 and ending immediately before 1st April 2000 a classroom teacher —
a
changed from full-time service to part-time service; or
b
changed from part-time service to full-time service; or
c
changed the proportion of the school week for which he worked.
17A.8.2
Paragraph 17.5(a) shall apply with the modification that instead of a salary based on pay spine B set out in paragraph 17.7, the teacher shall for the relevant period be entitled to be paid a salary based on pay spine A set out in paragraph 17.7 determined by the relevant body in accordance with paragraphs 17.9 and 17.10 less a sum to be determined by the relevant body in accordance with paragraph 17A.7.3.
17A.8.3
Where a teacher entitled to be paid a salary determined in accordance with paragraph 17.5(a) as modified by paragraph 17A.8.2 —
a
changed from full-time to part-time service, part-time to full-time service or changed the proportion of the school week for which he worked during the relevant period; or
b
whose salary entitlement changes for a reason other than the annual revalorisation of spine points or due to the operation of paragraph 17.5 during the relevant period,
his salary entitlement during the relevant period shall be further adjusted in accordance with paragraph 17A.8.4.
17A.8.4
a
Where the change results in an increase in the classroom teacher’s salary, he shall be entitled to an additional sum to be calculated by the relevant body in accordance with paragraph 17A.2.3 with the modification that C is the annual salary for the spine point on pay spine A at which the teacher is entitled to be paid following the determination under paragraph 17.5(a) as modified by paragraph 17A.8.2; and
b
where the change results in a decrease in the classroom teacher’s salary, he shall be entitled to the salary determined by the relevant body under paragraph 17.5(a) as modified by paragraph 17A.8.2 less a sum to be calculated by the relevant body in accordance with paragraph 17A.2.5 with the modification referred to in sub-paragraph (a).
.
12
For paragraph 18.1.1 there shall be substituted —
18.1.1
The relevant body shall award:
a
1 full point if the classroom teacher is a good honours graduate who —
i
is appointed to his first post following his qualification as a teacher on or after 1st September 1999, or
ii
with effect from 1st September 1999 does not have any points awarded for experience; or
b
1 full point if a classroom teacher to whom paragraph (i) or (ii) of sub-paragraph (a) applies for the first time becomes a good honours graduate during the year starting on 1st September 1999 and ending on 31st August 2000; or
c
2 full points if the classroom teacher is a good honours graduate and sub-paragraph (a) or (b) does not apply to him; or
d
2 full points if the classroom teacher before 1st September 1999 has been employed as a qualified teacher and who on or after 1st September 1999 for the first time becomes a good honours graduate, and sub-paragraph (a) or (b) does not apply to him;
and in the case of a teacher who for the first time becomes a good honours graduate, such points shall be awarded from the first day of service after the relevant pass lists are published or otherwise notified in writing to the teacher.
.
13
1
There shall be inserted at the beginning of each of sub-paragraphs (a), (b), (c), (d) and (e) of paragraph 18.2.1 the words “subject to sub-paragraph (f)”.
2
The word “and” at the end of sub-paragraph (d) of paragraph 18.2.1 shall be deleted.
3
There shall be inserted at the end of sub-paragraph (e) of paragraph 18.2.1 the word “but”.
4
There shall be inserted in paragraph 18.2.1 the following sub-paragraph —
f
except in the case of a classroom teacher who —
i
is appointed to his first post following his qualification on or after 1st September 1999, or
ii
with effect from 1st September 1999 did not have any points awarded for experience,
shall not award a point for the teacher’s first year of service which would otherwise qualify for a point under sub-paragraph (a), (c), or (d), or where there are no such years of service, shall not award a point for the first year of service in respect of which a full point would otherwise be awarded under sub-paragraph (b) or (e).
.
14
There shall be inserted in paragraph 18.2.3 after the words “Subject to paragraphs” the words “17.2, 17.3, 18.2.1(f),”.
15
For paragraph 18.2.4 there shall be substituted —
18.2.4
The total points awarded in respect of experience shall not exceed —
a
8 full points in the case of a classroom teacher who is not a good honours graduate; or
b
7 full points in the case of a classroom teacher who is a good honours graduate and who —
i
is appointed to his first post following his qualification as a teacher on or after 1st September 1999, or
ii
with effect from 1st September 1999 does not have any points awarded for experience; or
c
subject to sub-paragraph (b), 6 full points in the case of a classroom teacher who is a good honours graduate.
.
16
For paragraph 18.2.5 there shall be substituted —
18.2.5
In the case of a classroom teacher who becomes a good honours graduate for the first time and who —
a
is appointed to his first post following his qualification as a teacher on or after 1st September 1999; or
b
with effect from 1st September 1999 does not have any points awarded for experience,
the points awarded for experience shall be reduced to 7 full points if that number would otherwise be exceeded.
.
17
The following paragraph shall be inserted after paragraph 18.2.5 —
18.2.6
Subject to paragraph 18.2.5, in the case of a classroom teacher who becomes a good honours graduate for the first time, the points awarded for experience shall be reduced to 6 full points if that number would otherwise be exceeded.
.
18
For paragraphs 21.1 to 21.3 there shall be substituted —
21.1.1
A classroom teacher taking up an appointment which is his second or subsequent one as a teacher (whether or not after a break in service and whether on a full-time, part-time, regular, day to day or short term basis) on or after 1st April 2000 (but not in circumstances where paragraph 32 applies) shall be paid the greater of the salary at the time of appointment determined under paragraphs 17 and 18 and the minimum number of points above the lowest point on pay spine A set out in paragraph 17.7 calculated in accordance with paragraphs 21.2 to 21.4.
21.1.2
Paragraph 21A shall apply where a classroom teacher who was last being paid under the provisions of the 1998 Document or an earlier Document was entitled to be paid at the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
21.1.3
Paragraph 17 shall apply where a classroom teacher who was last being paid under the provisions of this Document was entitled to be paid at the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000, with the modification that references to an entitlement or salary under paragraph 17 of the Document include an entitlement or salary determined by reference to the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document.
21.2
Subject to paragraphs 21.3 and 21.4, the minimum number of points is:
a
if he was last being paid under the provisions of this Document but he was not entitled to be paid under the provisions of this Document in the period starting on 1st September 1999 and ending immediately before 1st April 2000, the number of points in respect of a good honours degree and experience which he then held;
b
if he was last being paid as a qualified teacher under provisions of the 1987 to 1998 Documents,
i
in the case of a teacher last paid under the 1993 to 1998 Documents, the number of points in respect of a good honours degree and experience which he then held, or
ii
in the case of a teacher last paid under the 1987 to 1992 Documents, the equivalent scale point,
ascertained in accordance with the following table —
1987–1990 1991–1992 1993–1998 1999 Documents: last point on standard scale Documents: last point on standard scale Documents: points Document: minimum number of points
1 — 0 0 2 1 0 0 3 2 1 0 4 3 2 1 5 4 3 2 6 5 4 3 7 6 5 4 8 7 6 5 9 8 7 6 10 9 8 7 11 10 9 8
c
if he was last being paid as a qualified teacher under the provisions of the document published by Her Majesty’s Stationery Office pursuant to section 2(4) of the Remuneration of Teachers Act 1965 entitled “Scales of Salaries for Teachers: Primary and Secondary Education, England and Wales 1974” or any subsequent such document, the equivalent such point ascertained in accordance with the following table:
Scales 1974 to 30.9.87
Scale 1 Scale 2 Scale 2 (S) Scale 3 Scale 3 (S) Scale 4 Senior Teacher Scale Minimum number of points
0–4 0 0 0 5 1 1 0 6 2 2 1 7–8 3–4 3–4 2 9–10 5–6 5–6 0 0 3 11–12 7–8 7 1–2 1 4 13–14 9–10 8–9 3–4 2–3 5 15 11 10 5 4 0 6 12 11 6 5 1 7 7–10 6–9 2–8 0–8 8
or
d
if he was last being paid as a qualified teacher under the provisions of a pre-1974 Document the equivalent such point determined by the relevant body.
21.3
A classroom teacher who was last employed as a head teacher or deputy head teacher shall not be paid at less than spine point 9 on pay spine A set out in paragraph 17.7. For the purpose of this paragraph “deputy head teacher” includes a teacher designated as a second master or second mistress under section 5(2) of the 1983 Document.
.
19
The following paragraph shall be inserted after paragraph 21 —
Second or subsequent appointment — classroom teachers with service in the period 1st September 1999 to 31st March 2000
21A.1
Paragraphs 21A.2 to 21A.9 shall apply where a classroom teacher who was last being paid under the provisions of the 1998 Document or an earlier Document was entitled to be paid at the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
21A.2
Paragraph 21A.3 shall apply where —
a
the classroom teacher was entitled to be paid at the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document immediately before 1st April 2000; or
b
when he resumes service at any time during the period starting on 1st April 2000 and ending immediately before 1st September 2000, the classroom teacher would have been entitled to a salary based on the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document had the Document not been amended by the Education (School Teachers' Pay and Conditions) Order 2000.
21A.3
The relevant body shall re-determine the minimum number of points in accordance with paragraphs 21.2 to 21.4 of the amended Document on the basis of the classroom teacher’s service as of 1st September 1999, and
a
in the case of a teacher in service on 1st April 2000, the re-determination shall have effect from 1st April 2000; and
b
in all other cases, the re-determination shall have effect from the date on which the teacher resumes service.
21A.4
Where the re-determination under paragraph 21A.3 of the minimum number of points to which a classroom teacher is entitled results in a reduction in the number of points to which he is entitled —
a
he shall be entitled to be paid the salary based on pay spine B set out in paragraph 17.7 equivalent to the minimum number of points to which he is entitled (following the re-determination) for a period to be determined by the relevant body in accordance with paragraph 17.8 (“the relevant period”), with the modification that A is the number of days (including fractions of days rounded to two decimal places) for which he was entitled to be paid in accordance with paragraphs 21.2 to 21.4 of the Document during the period starting on 1st September 1999 and ending immediately before 1st April 2000;
b
paragraph 17A shall apply where during the relevant period any of the special cases described in that paragraph applies to the teacher; and
c
following the expiry of the relevant period he shall be paid the salary based on pay spine A set out in paragraph 17.7 equivalent to the minimum number of points to which he is entitled (following the re-determination).
21A.5
Where the re-determination under paragraph 21A.3 of the minimum number of points to which a classroom teacher is entitled does not lead to a reduction in the number of points to which he is entitled, he shall be paid the salary based on pay spine A set out in paragraph 17.7 equivalent to the minimum number of points to which he is entitled.
21A.6.1
This paragraph applies where a classroom teacher ceased to be entitled to be paid at the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000.
21A.6.2
Paragraphs 17A.6 to 17A.8 shall apply with the modification that references to salary on the pay spine set out in paragraph 17.2 of the Document include references to a salary determined by reference to the minimum number of points calculated in accordance with paragraphs 21.2 to 21.4 of the Document.
21A.7
In any case where paragraph 21A of the amended Document operates so that a classroom teacher receives during the period starting on 1st September 1999 and ending on 31st August 2000 (taking such period as a whole) less salary than he would have done if the provision contained in paragraph 18 of the amended Document had been included in the Document with effect from 1st September 1999, he shall be entitled on 31st August 2000 to be balancing payment equal to such shortfall.
21A.8
In paragraphs 21 and 21A, “the Document” and “the amended Document” have the same meanings as in paragraph 17.12.
.
20
The following table shall be substituted for the table in paragraph 23.1 —
Spine point Annual Salary £
1 26,943 2 27,423 3 27,906 4 28,386 5 28,866 6 29,349 7 29,832 8 30,312 9 30,792 10 31,272 11 31,755 12 32,397 13 33,039 14 33,681 15 34,320 16 34,962 17 35,604 18 36,246 19 36,888 20 37,530 21 38,169 22 38,970 23 39,774 24 40,575 25 41,379 26 42,177 27 42,981
.
21
The following paragraph shall be inserted after paragraph 23 —
23A.1
Paragraph 23A.2 shall apply where an advanced skills teacher —
a
first became entitled to be paid as an advanced skills teacher during the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
b
was entitled to be paid as a classroom teacher at any time during the period starting on 1st September 1999 and ending immediately before 1st April 2000; and
c
if during the period referred to in sub-paragraph (b) his experience points had been re-determined in accordance with paragraph 17.3 of the Amended Document but on the basis of his service as of 1st September 1999, the re-determination would have resulted in a reduction in the number of experience points to which he was entitled.
23A.2
The advanced skills teacher shall, for a period starting on or after 1st April 2000 to be determined by the relevant body by the method set out in paragraph 17.8 for determing the relevant period, be entitled to be paid such salary as the relevant body determine in accordance with paragraph 23 less a sum determined by the relevant body in accordance with paragraph 23A.3.
23A.3
The sum is —
A - B
where —
A is the teacher’s total salary entitlement for the period during which he was entitled to be paid as a classroom teacher starting on or after 1st September 1999 calculated by reference to the spine point (or spine points) on the pay spine set out in paragraph 17.2 of the Document at which he was entitled to be paid; and
B is the teacher’s total salary entitlement for the period during which he was entitled to be paid as a classroom teacher starting on or after 1st September 1999 calculated by reference to the spine point (or spine points) one point below the spine point (or spine points) on the pay spine set out in paragraph 17.2 of the Document at which he was entitled to be paid.
23A.4
Paragraph 23 has effect subject to this paragraph and paragraph 17A.3.
23A.5
In paragraph 23A “the Document”, and “the amended Document” have the same meanings as in paragraph 17.12.
.
22
For paragraph 24.1 there shall be substituted —
24.1
From 1st April 1999 an unqualified teacher shall be paid such salary based on the following pay scale as the relevant body shall determine in accordance with paragraphs 24.2 to 24.7 and 26:
Scale point Annual Salary £
1 12,012 2 12,549 3 13,074 4 13,617 5 14,166 6 14,694 7 15,234 8 16,494 9 17,922 10 18,996
.
23
For paragraph 29.1 there shall be substituted —
29.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area £2,316 per annum from 1st April 2000;
b
if he is serving in the Outer London Area, £1,524 per annum from 1st April 2000; and
c
if he is serving in the Fringe Area, £591 per annum from 1st April 2000.
.
24
In paragraphs 32.3(a) and 32.4 for “paragraph 17.1” there shall be substituted “paragraph 17”.
25
The following paragraphs shall be inserted after paragraph 32.5 —
32.5A
In determining —
a
for the purpose of paragraph 32.5(b) whether the remuneration payable to a classroom teacher by virtue of other provisions of the Document equals or exceeds the remuneration payable under paragraph 32; or
b
for the purpose of paragraph 32.3 whether the salary under sub-paragraph (a), (b) or (c) is the highest,
a classroom teacher who is entitled to be paid a salary based on pay spine B for a period shall be treated as if he were entitled to be paid a salary based on the equivalent point on pay spine A for that period.
32.5B
Paragraph 32 shall have effect subject to paragraphs 4A, 17.5(a), 17A and 23A.
.
Estelle Morris
Minister of State,
Department for Education and Employment
23rd March 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (i-21 Ltd) Order 2000 and shall come into force on 23rd November 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
18th October 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) Regulations 2000 and shall come into force on 1st June 2000.
2
These Regulations extend to England only.
Intepretation
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“energy advice” means advice on reducing or preventing the wastage of energy in a dwelling;
“materials-only application” means an application in which the applicant does not propose that a scheme manager will arrange for the carrying out of the works in respect of which grant is sought;
“scheme manager” means, except in paragraph (2) of regulation 3, the person or body of persons for the time being appointed and responsible for the area in question under that regulation;
“works” means any of the works, materials or energy advice specified in regulation 5;
“works application” means an application in which the applicant proposes that a scheme manager will arrange for the carrying out of the works in respect of which a grant is sought.
Powers of the Secretary of State
3
1
In making or arranging for the making of grant, the Secretary of State may impose such conditions as he sees fit.
2
The Secretary of State may appoint a person or body of persons, known as a scheme manager, to perform in any area such functions as he may determine in connection with the making of grants.
3
The Secretary of State may pay grant to a person other than the applicant, where that person has been involved in providing the materials or in financing the works.
Persons who may apply for a grant
4
1
Subject to paragraph (5), an application for a grant for works in respect of a dwelling may be entertained from a person who is the householder of the dwelling and occupies the dwelling as his only or main residence and who, at the time the application is made —
a
is, or is living with a spouse who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a spouse who is, in receipt of child benefit (under section 141 of the 1992 Act) in relation to a child under sixteen years of age; or
b
is, or is living with a spouse who is, in receipt of a benefit to which paragraph (3) applies; or
c
is, or is living with a spouse who is, in receipt of a benefit to which paragraph (2) applies and has attained, or is living with a spouse who has attained, the age of 60.
2
This paragraph applies to council tax benefit, housing benefit and income support (each as provided for in Part VII of the 1992 Act) and an income-based jobseeker’s allowance (within the meaning of the Jobseekers Act 1995 ).
3
This paragraph applies to —
a
An attendance allowance, that is to say —
i
an attendance allowance under section 64 of the 1992 Act;
ii
an increase of an allowance which is payable in respect of constant attendance under a scheme under, or having effect under, paragraph 4 of Part I of Schedule 8 to the 1992 Act ;
iii
a payment made under article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 or any analogous payment; or
iv
any payment based on need for attendance which is paid with a war disablement pension; or
v
any payment intended to compensate for the non-payment of a payment, allowance or pension mentioned in any of sub-paragraphs (i) to (iv) of this definition;
b
a disability living allowance (under section 71 of the 1992 Act), working families tax credit and disabled persons tax credit (each as provided for in Part VII of the 1992 Act );
c
a war disablement pension within the meaning of section 139(11) of the Social Security Administration Act 1992 or under article 10 of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 so far as that Order is made otherwise than under the Air Force (Constitution) Act 1917 , together with —
i
a mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983 (including such a supplement payable by virtue of the application of that article by any other scheme or order) or under 25A of the Personal Injuries (Civilians) Scheme 1983 (including that article as applied by article 48A of that Scheme) , or a payment intended to compensate for the non-payment of such a supplement, or
ii
a payment under regulations made under paragraph 7(2)(b) of Schedule 8 to the 1992 Act (constant attendance allowance);
d
council tax benefit, housing benefit and income support (in each case where payment includes a disability premium as provided for in the Council Tax Benefit (General) Regulations 1992 , the Housing Benefit (General) Regulations 1987 and the Income Support (General) Regulations 1987 respectively) and industrial injuries disablement benefit under sections 103 to 105 of the 1992 Act (where it includes constant attendant allowance).
4
For the purposes of this regulation —
“householder” means a person who, alone or jointly with others, is a freeholder or tenant, and
“tenant” includes a sub-tenant and a person who has —
a protected occupancy or statutory tenancy under the Rent (Agriculture) Act 1976 ;
a statutory tenancy under the Rent Act 1977 ;
a secure tenancy under Part IV of the Housing Act 1985 or an introductory tenancy under Chapter I of Part V of the Housing Act 1996 ;
a licence to occupy which meets the conditions in paragraph 12(a) and (b) of Schedule 1 to the Housing Act 1985 (almshouse licences); or
an assured agricultural occupancy under Part I of the Housing Act 1988 ; and
“spouse” includes a person with whom the applicant lives as husband or wife.
5
An application for grant for a dwelling, which is a materials-only application, may only be entertained from a person who occupies the dwelling as his only residence and who, at the time the application was made —
a
owns the freehold of it; or
b
has an interest in it of a lease for a term of which more than 21 years is unexpired.
Purposes for which grant may be approved
5
1
A works application for a grant may be approved for one or more of the following purposes —
a
to provide insulation in any accessible roof space in the dwelling, including the insulation of any cold water tank and any water supply, overflow and expansion pipes in such a space;
b
to provide insulation between the internal and external leaves of cavity walls of the dwelling;
c
to provide draught proofing to or in the dwelling together with additional means of ventilation for any rooms which would otherwise be inadequately ventilated after such provision;
d
to provide insulation to any water heating system or to provide any part of such a system with insulation incorporated in it;
e
to provide gas room convector heaters with thermostat control;
f
to provide electric storage heaters;
g
to provide electric dual immersion water heaters with foam insulated tank;
h
to provide timer controls for electric space and water heaters;
i
to improve the energy efficiency of, or replace any part of, or repair any space or water heating system installed in the dwelling;
j
to provide a mains gas central heating system with no more than six radiators;
k
to convert open solid fuel room fires to closed solid fuel room fires;
l
to provide a central heating system connected to the local community heating grid with no more than six radiators.
2
Where a works application is approved for one or more of the purposes set out in paragraph (1) grant may also be approved for the provision of any of the following —
a
energy advice;
b
up to two energy efficient lamps.
3
For the purposes of this regulation, “roof space” means space between the roof of a dwelling and the ceiling of any room used or available for use for the purpose of living accommodation, that space not being wholly separated from the roof by any other room.
Grant maximums
6
1
Subject to paragraph (2), a scheme manager shall not pay a total amount of grant in respect of a works application qualifying under regulation 4(1)(a) or (b) exceeding the amount properly charged for the works or £1,000, whichever is the lesser.
2
A scheme manager shall not pay a total amount of grant in respect of a works application qualifying under regulation 4(1)(a) or (b) exceeding the amount properly charged for those works or £700 whichever is the lesser where the principal source of space heating in the dwelling on which the works are to be carried out, at the time of the application is —
a
mains gas; or
b
closed solid fuel room fires; or
c
solid fuel-fired central heating; or
d
oil fired central heating; or
e
off-peak electricity.
3
A scheme manager shall not pay a total amount of grant in respect of a works application qualifying under regulation 4(1)(c) exceeding the amount properly charged for those works or £2,000 whichever is the lesser.
4
In the case of a materials-only application a scheme manager shall not pay a total amount of grant in respect of those materials exceeding the amount properly charged for those materials or £250, whichever is the lesser.
Applications for grant
7
1
An application for grant under these regulations shall be made to the scheme manager.
2
An application shall be in writing, signed either by the applicant or by a person specified or of a description specified by the scheme manager and shall be in such form and contain such particulars, subject to paragraph (3), as are laid down by the scheme manager.
3
The application shall contain the following —
a
particulars of the dwelling in respect of which the grant is sought;
b
a statement of the criteria of eligibility set out in regulation 4 or regulation 5 which are fulfilled by the applicant;
c
in the case of a materials-only application, a statement that any necessary permission for the works has been obtained;
d
a statement that reasonable access to the dwelling in respect of which the application is made will be given to a representative of the scheme manager to inspect the dwelling and the works; and
e
a statement that neither the applicant nor, to his knowledge, any other person has received or applied for grant under these Regulations in respect of the dwelling which is the subject of the application.
Revocation and transitional provisions
8
1
Subject to paragraph (2), the Home Energy Efficiency Scheme Regulations 1997 in so far as they apply to England, are hereby revoked.
2
The Home Energy Efficiency Scheme Regulations 1997 shall continue to apply —
a
in any case where an application for grant was made to a registered installer (within the meaning of those Regulations) before 1st June 2000; and
b
in any case where an application for grant was made to an area agency (within the meaning of those Regulations) before 1st June 2000 if grant in respect of that application was approved before that date.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th May 2000
We consent,
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
10th May 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Trafford) Order 2000 and shall come into force on 15th January 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Metropolitan Borough of Trafford excluding the following roads:
a
the M60 Motorway for the whole of its length in the Borough;
b
the section of the A56 road known as Dunham Road from its junction with the Borough boundary to its junction with the A5161 road known as Park Road, Bowden;
c
the section of the A56 road known as Bridgewater Way from its junction with the Borough boundary to its junction with the roundabout known as White City Circle;
d
the section of the A5063 road known as Trafford Road from its junction with the Borough boundary to its junction with the roundabout known as White City Circle;
e
the section of the A5081 road known as Parkway from its junction with the M60 Motorway to its junction with the roundabout known as Parkway Circle;
f
the section of the A576 road known as Tenax Road from its junction with the roundabout known as Parkway Circle to its junction with the roundabout known as Tenax Circle;
g
the section of the road known as Centenary Way from its junction with the roundabout known as Tenax Circle to its junction with the Borough boundary.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
18th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Hams and West Devon Primary Care Trust (Establishment) Order 2000 and shall come into force on 14th August 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Hams and West Devon 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 South Hams and West Devon 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 October 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The South and West Devon 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 South and West Devon 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 South Devon Health Care National Health Service Trust and the Plymouth Community Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts, and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
3rd August 2000


text:
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2000.
2
These Regulations shall come into force on 1st September 2000, but —
a
regulation 2 shall have effect from 1st April 1998;
b
regulations 3 and 10 shall have effect from 1st September 1996;
c
regulations 4 and 9 shall have effect —
i
in the case of paragraph (a), from 1st July 1995;
ii
in the case of paragraph (b), from 1st July 1996;
iii
in the case of paragraph (c), from 1st July 1997;
iv
in the case of paragraph (d), from 1st July 1998;
v
in the case of paragraph (e), from 1st July 1999;
d
regulation 6 shall have effect —
i
in the case of paragraph (a), from 1st April 1996;
ii
in the case of paragraph (b), from 1st April 1997;
iii
in the case of paragraph (c), from 1st April 1998;
iv
in the case of paragraph (d), from 1st April 1999;
e
regulation 8 shall have effect —
i
in the case of paragraphs (1) and (3), from 1st September 1996;
ii
in the case of paragraph (2), from 1st September 1994;
f
regulation 11 shall have effect —
i
in the case of paragraph (a), from 1st September 1996;
ii
in the case of paragraph (b), from 1st September 1997; and
g
regulation 12 shall have effect —
i
in the case of paragraph (1), from 1st September 1994;
ii
in the case of paragraph (2), from 1st April 1998.
3
In these Regulations “the principal Regulations ” means the Police Regulations 1995 .
2
In regulation 13 of the principal Regulations (appointment of chief constable), for the words “53C(1) of the Police Act 1964” there shall be substituted “97(1) of the Police Act 1996 ”.
3
1
For regulation 39(1) of the principal Regulations (rate of pay) there shall be substituted the following paragraphs:
1
Subject to the following provisions of this Part, the pay of members of police forces shall be determined by the Secretary of State.
1A
Before making any determination under paragraph (1), the Secretary of State shall take into consideration any recommendation made by the Police Negotiating Board and shall supply the Board with a draft of the determination; and subsection (2) of section 62 of the Police Act 1996 shall apply in relation to a recommendation to be made for the purposes of this paragraph as it applies in relation to a recommendation to be made for the purposes of subsection (1) of that section.
1B
A determination under paragraph (1) may be made with retrospective effect to any date specified in the determination, but nothing in this paragraph shall be construed as authorising the pay payable to any person to be reduced retrospectively.
.
2
In paragraph (5) of regulation 39, the words “and Schedule 6” shall be omitted.
4
In regulation 41 of the principal Regulations (London weighting) —
a
for “£1,398” there shall be substituted “£1,440”;
b
for “£1,440” there shall be substituted “£1,491”;
c
for “£1,491” there shall be substituted “£1,542”;
d
for “£1,542” there shall be substituted “£1,605”;
e
for “£1,605” there shall be substituted “£1,662”.
5
For regulation 43(2)(b) of the principal Regulations (reckoning by constables of service in certain constabularies) there shall be substituted:
b
the Port of Tilbury Constabulary or, before the coming into force of the Port of Tilbury Transfer Scheme 1991 Confirmation Order 1992 , the Port of London Authority’s police force, that is to say the force of constables appointed under section 154 of the Port of London Act 1968 .
.
6
In regulation 52(8) of the principal Regulations (removal allowance) —
a
for “£1,353” there shall be substituted “£1,396”;
b
for “£1,396” there shall be substituted “£1,431”;
c
for “£1,431” there shall be substituted “£1,482”;
d
for “£1,482” there shall be substituted “£1,524”.
7
After regulation 65 of the principal Regulations there shall be inserted the following regulation:
Replacement allowance
65A
Schedule 13 shall have effect.
.
8
1
Schedule 1 to the principal Regulations (modifications for part-time service) shall be amended as follows.
2
In paragraph 7, in regulation 29(5A)(b), as inserted by that paragraph, after “receives” there shall be inserted “not”.
3
In paragraph 14 —
a
in the paragraph substituted by sub-paragraph (a), for the words “ascertained from Schedule 6” there shall be substituted “determined by the Secretary of State in accordance with regulation 39”; and
b
in the paragraph inserted by sub-paragraph (b), for the words “that ascertained from Schedule 6” there shall be substituted “that rate as determined by the Secretary of State in accordance with regulation 39”.
9
In paragraph 3(2) of Schedule 5 to the principal Regulations (university scholars) —
a
for “£1,398” there shall be substituted “£1,440”;
b
for “£1,440” there shall be substituted “£1,491”;
c
for “£1,491” there shall be substituted “£1,542”;
d
for “£1,542” there shall be substituted “£1,605”;
e
for “£1,605” there shall be substituted “£1,662”.
10
Schedule 6 to the principal Regulations shall be omitted.
11
In paragraph 1(1) of Schedule 10 to the principal Regulations (dog handler’s allowance) —
a
for “£987” and “£1,347” there shall be substituted “£1,023” and “£1,395” respectively;
b
for “£1,023” and “£1,395” there shall be substituted “£1,059” and “£1,443” respectively.
12
1
After paragraph 3(2) of Schedule 12 to the principal Regulations (savings) there shall be inserted the following sub-paragraph:
2A
Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.
.
2
In paragraph 3(4) of that Schedule, after paragraph (a) there shall be inserted the following paragraph:
aa
a period of relevant service within the meaning of paragraph (ca), (cb) or (cc) of section 97(1) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, or
.
3
Paragraphs 3 to 10 of that Schedule shall be omitted and after that Schedule there shall be inserted the following Schedule:
SCHEDULE 13
REPLACEMENT ALLOWANCE
Regulation 65A
Interpretation
1
1
This paragraph has effect for defining expressions used in paragraphs 2 to 7.
2
“Qualifying member” means a member of a police force who —
a
immediately before 1st September 1994 was a member of that or another police force,
b
was not then on unpaid leave,
c
has at all times after 31st August 1994 been a member of a police force, and
d
has not after that date been on unpaid leave.
3
Where a member of a police force in Scotland or Northern Ireland in receipt of a replacement allowance under a corresponding regulation which has effect there transfers to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.
4
“Re-joining member” means a member of a police force who by reason only of a relevant absence is not a qualifying member.
5
“Relevant absence” means —
a
a period of central service or overseas service, or
b
a period of relevant service within the meaning of paragraph (ca), (cb) or (cc) of section 97(1) of the Police Act 1996 or any corresponding provision for the time being in force in Scotland or Northern Ireland, or
c
a period of unpaid leave,
ending after 31st August 1994.
6
“Housing emoluments” means any one or more of the following kinds of payments under the revoked provisions as they had effect before 1st September 1994 —
a
a housing allowance under regulation 49,
b
a transitional rent allowance and a transitional supplementary rent allowance under regulation 49B,
c
a supplementary housing allowance under regulation 50,
d
a compensatory grant under regulation 52, and
e
a compensatory allowance under regulation 52B,
and in relation to a re-joining member includes a rent allowance under regulation 49 as it had effect before 1st April 1990; and “housing allowance” and “transitional rent allowance” mean respectively the allowances mentioned in (a) and (b) above.
7
“The revoked provisions” means the provisions of the 1987 Regulations relating to housing and housing payments that were revoked on 1st September 1994, that is to say regulations 49 to 52, 52B and 72, paragraphs 16 to 18 of Schedule 1A and paragraph 4(1) and (2) of Schedule 4 .
8
“The 1987 Regulations” means the Police Regulations 1987 .
Qualifying member previously provided with accommodation
2
1
A qualifying member who ceases to occupy a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance.
2
The replacement allowance is, subject to paragraph 7, an allowance at a rate equal to the total of —
a
the rate at which housing allowance, or as the case may be transitional rent allowance, was payable, or would have been payable if he had not been occupying the house or quarters, immediately before 1st September 1994, and
b
the rate at which any allowance under regulation 49(11) or 50(3) was or would have been then payable.
Qualifying member with housing emoluments
3
1
A qualifying member who immediately before 1st September 1994 was in receipt of housing emoluments is entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
2
The replacement allowance is, subject to paragraph 7, an allowance at the rate at which the housing emoluments were payable immediately before 1st September 1994.
Re-joining member previously provided with accommodation
4
1
A re-joining member who immediately before the relevant absence began was occupying a house or quarters with which he was provided free of rent becomes entitled to a replacement allowance unless he is again provided with a house or quarters free of rent.
2
The replacement allowance is, subject to paragraph 7, an allowance at the rate at which, if he had not been occupying the house or quarters, housing allowance, or as the case may be transitional rent allowance, would have been payable —
a
where the relevant absence began before 1st September 1994, immediately before it began, and
b
in any other case, immediately before 1st September 1994.
Re-joining member previously in receipt of housing payments
5
1
A re-joining member who immediately before the relevant absence began was in receipt —
a
of housing emoluments, or
b
of a replacement allowance under paragraph 2 or 3,
becomes entitled to a replacement allowance unless he is provided with a house or quarters free of rent.
2
The replacement allowance is, subject to paragraph 7, an allowance —
a
where sub-paragraph (1)(a) applies, at the rate at which the housing emoluments were payable, and
b
where sub-paragraph (1)(b) applies, at the rate at which the previous replacement allowance was payable,
immediately before the relevant absence began.
Members provided with house or quarters
6
A qualifying member or a re-joining member who —
a
is provided with a house or quarters free of rent, and
b
if the revoked provisions had continued in force would have been entitled to an allowance under regulation 49(11) or 50(3) of the 1987 Regulations,
is, subject to paragraph 7, entitled to an equivalent replacement allowance.
Variation and termination of replacement allowances
7
1
Subject to sub-paragraph (2), in circumstances in which —
a
a housing allowance or transitional rent allowance payable as mentioned in paragraph 2(2) or 4(2), or
b
any of the housing emoluments mentioned in paragraphs 3(1), 5(1)(a) and 6,
would, if the revoked provisions had continued in force, have fallen to be reduced or discontinued, the replacement allowance in question is reduced accordingly or, if the effect of a discontinuance would have been that no housing emoluments remained payable, terminated.
2
For the purposes of sub-paragraph (1) it is to be assumed that a housing allowance or transitional rent allowance would not have fallen to be reduced by reason of the member’s being married to or sharing accommodation with another member of a police force appointed after 31st August 1994.
3
In circumstances in which any allowance or housing emoluments mentioned in sub-paragraph (1) would, if the revoked provisions had continued in force, have fallen to be increased otherwise than under regulation 49A of the 1987 Regulations (which provided for biennial adjustment of housing allowances), or in which any new housing emoluments would in that case have become payable, the replacement allowance in question is increased accordingly.
.
Charles Clarke
Minister of State
Home Office
24th July 2000


text:
Citation and commencement
1
1
This Order may be cited as the Data Protection (Corporate Finance Exemption) Order 2000 and shall come into force on 1st March 2000.
2
In this Order, “ the Act ” means the Data Protection Act 1998.
Matters to be taken into account
2
1
The matter set out in paragraph (2) below is hereby specified for the purposes of paragraph 6(1)(b) of Schedule 7 to the Act (matters to be taken into account in determining whether exemption from the subject information provisions is required for the purpose of safeguarding an important economic or financial interest of the United Kingdom).
2
The matter referred to in paragraph (1) above is the inevitable prejudicial effect on–
a
the orderly functioning of financial markets, or
b
the efficient allocation of capital within the economy,
which will result from the application (whether on an occasional or regular basis) of the subject information provisions to data to which paragraph (3) below applies.
3
This paragraph applies to any personal data to which the application of the subject information provisions could, in the reasonable belief of the relevant person within the meaning of paragraph 6 of Schedule 7 to the Act, affect–
a
any decision of any person whether or not to–
i
deal in,
ii
subscribe for, or
iii
issue, any instrument which is already in existence or is to be, or may be, created; or
b
any decision of any person to act or not to act in a way that is likely to have an effect on any business activity including, in particular, an effect on–
i
the industrial strategy of any person (whether the strategy is, or is to be, pursued independently or in association with others),
ii
the capital structure of an undertaking, or
iii
the legal or beneficial ownership of a business or asset.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
31st January 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Employment Zones) (No. 2) Regulations 2000 and shall come into force on 27th November 2000.
2
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Definitions
2
1
In each of the regulations specified in paragraph (2) below (interpretation), there shall be inserted the following definition in the appropriate place —
“self-employment route” means —
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996; or
assistance in pursuing self-employed earner’s employment whilst participating in an employment zone programme;
.
2
The regulations specified in this paragraph are —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Income Support Regulations.
3
In regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation), after the definition of “self-employed earner” there shall be inserted the following definition —
“self-employment route” means —
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii); or
assistance in pursuing self-employed earner’s employment whilst participating in an employment zone programme;
.
Remunerative work
3
In regulation 53 of the Jobseeker’s Allowance Regulations (persons treated as not engaged in remunerative work), after paragraph (b), there shall be inserted the following paragraph —
bb
he is receiving assistance in pursuing self-employed earner’s employment whilst participating in an employment zone programme;
.
Common amendments
4
1
In the provisions specified in paragraph (2) below, for the words from “an employment programme” to the words “New Deal)” there shall be substituted the words “the self-employment route”.
2
The provisions specified for the purposes of paragraph (1) above are —
a
in the Council Tax Benefit Regulations —
i
regulation 31(7);
ii
paragraph 66(1) of Schedule 4;
iii
paragraphs 7(3) and 55 of Schedule 5;
b
in the Housing Benefit Regulations —
i
regulation 40(7);
ii
paragraph 66(1) of Schedule 4;
iii
paragraphs 7(3) and 55 of Schedule 5;
c
in the Income Support Regulations —
i
paragraph 64(1) of Schedule 9;
ii
paragraphs 6(3) and 52 of Schedule 10;
d
in the Jobseeker’s Allowance Regulations —
i
paragraph 62(1) of Schedule 7;
ii
paragraphs 11(3) and 47 of Schedule 8.
Consequential amendments
5
1
In the Income Support Regulations —
a
in both the title to regulation 23A and in that regulation, the words “of the Employment Option of the New Deal” shall be omitted;
b
in regulation 39A, the definition of “self-employment route” shall be omitted;
c
in the titles to Chapter IVA and to regulations 39B, 39C and 39D and in both regulations 39C(1)(a) and 39D(1), the words “of the Employment Option of the New Deal” shall be omitted.
2
In the Jobseeker’s Allowance Regulations —
a
in the title to regulation 88A and in that regulation, the words “of the Employment Option of the New Deal” shall be omitted;
b
in regulation 102A, the definition of “self-employment route” shall be omitted;
c
in the titles to Chapter IVA and to regulations 102B, 102C and 102D and in both regulations 102C(1)(a) and 102D(1), the words “of the Employment Option of the New Deal” shall be omitted.
3
In both regulation 31(7) of the Council Tax Benefit Regulations and regulation 40(7) of the Housing Benefit Regulations, for the words “those Regulations” there shall be substituted the words “the Jobseeker’s Allowance Regulations 1996”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 5) Order 2000 and shall come into force on the day after it is made.
2
In this Order, references to numbered Sections are to the Sections bearing those numbers in Part II of Schedule 5 to the Scotland Act 1998.
Postal Services Act 2000
2
1
For Section C11 there is substituted–
C11 Posts
The subject matter of the Postal Services Act 2000 .
Exception
Financial assistance for the provision of services (other than postal services and services relating to money or postal orders) to be provided from public post offices.
Interpretation
Paragraph 5(1) of Part III of this Schedule does not apply to this Section.
The reference to the subject matter of the Postal Services Act 2000 is to be read as a reference to the subject matter of that Act as at the date when it received Royal Assent.
“postal services” and “public post offices” have the same meaning as in the Postal Services Act 2000.
.
2
In Part III of Schedule 5 to the Scotland Act 1998 (reserved matters, general provisions), in paragraph 4(2)(c) (financial assistance to industry), after “reservations in Sections” there is inserted “C11,”.
Transport
3
1
In Section E2, after the exception relating to grants there is inserted–
Imposing requirements about the preparation and submission of strategies relating to the provision of rail services on Scottish public authorities with mixed functions relating to such services.
.
2
In Section E2, after the exception relating to rail services inserted by article 3(1) above there is inserted–
The transfer of functions of passenger transport executives or passenger transport authorities relating to the provision and regulation of rail services conferred by Part II of the Transport Act 1968 and sections 32 to 36 of the Railways Act 1993 to, and the allocation of such functions among, Scottish public authorities (other than cross-border public authorities and public authorities exercising functions solely in relation to reserved matters) which may be set up wholly or mainly to exercise functions relating to transport.
.
3
In Section E4, after the exception relating to sections 59 to 60 of the Airports Act 1986 there is inserted–
Imposing requirements about the preparation and submission of strategies relating to the provision of air services on Scottish public authorities with mixed functions relating to such services.
.
Pesticides
4
In the exceptions to each of Sections C5 and C8, after “pesticides” there is inserted “(including anything treated as if it were a pesticide by virtue of section 16(16) of the Food and Environment Protection Act 1985 )”.
Product standards
5
In Section C8, after the reservation relating to technical standards and requirements in relation to products there is inserted–
The national accreditation body and the accreditation of bodies which certify or assess conformity to technical standards in relation to products or environmental management systems.
.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment (No. 4) Regulations 2000 and shall come into force on 2nd October 2000.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ; and
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 97 of the Housing Benefit Regulations
2
Regulation 97 of the Housing Benefit Regulations (offsetting) shall be amended by inserting, after paragraph (1), the following paragraph —
1A
Where an amount has been deducted under regulation 104(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent determination except to the extent that the sum exceeds the arrears and shall be treated as properly payable on account of them.
.
Revocation of regulation 100 of the Housing Benefit Regulations
3
Regulation 100 of the Housing Benefit Regulations (person by whom recovery may be made) is revoked.
Substitution of regulation 102 of the Housing Benefit Regulations
4
1
For regulation 102 of the Housing Benefit Regulations (method of recovery) there shall be substituted the following regulation —
Method of recovery
102
1
Without prejudice to any other method of recovery, an authority may recover a recoverable overpayment from any person referred to in regulation 101 by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 97) or, where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105.
2
Subject to paragraphs (4) and (5), where an authority makes deductions permitted by paragraph (1) from the housing benefit it is paying to a claimant (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be —
a
in a case to which paragraph (3) applies, not more than the amount there specified; and
b
in any other case, not more than three times five per cent. of the personal allowance for a single claimant aged not less than 25, that five per cent. being, where it is not a multiple of five pence, rounded to the next higher such multiple.
3
Where an authority makes deductions from housing benefit it is paying to a claimant who has, in respect of the whole or part of the recoverable overpayment, —
a
been found guilty of an offence whether under statute or otherwise;
b
made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or
c
agreed to pay a penalty under section 115A of the Administration Act and the agreement has not been withdrawn,
the amount deducted under paragraph (2) shall be not more than four times five per cent. of the personal allowance for a single claimant aged not less than 25, but where that five per cent. is not a multiple of 10 pence, it shall be rounded to the nearest 10 pence or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.
4
Where, in the calculation of housing benefit, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 8 of Schedule 3 (sums to be disregarded in the calculation of earnings) or paragraph 13 or 14 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), the deduction under paragraph (2) may be increased by not more than half the amount of the reduction.
5
No deduction made under this regulation shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.
6
In this regulation —
“admission after caution” means —
in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ;
in Scotland, admission after a caution has been administered, such admission being duly witnessed by two persons; and
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(c) of column 2 of Schedule 2.
.
2
The amendment made by paragraph (1) of this regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before these Regulations came into force.
Substitution of regulation 104 of the Housing Benefit Regulations
5
For regulation 104 of the Housing Benefit Regulations (sums to be deducted in calculating recoverable overpayments) there shall be substituted the following regulation —
Sums to be deducted in calculating recoverable overpayments
104
1
Subject to paragraph (3), in calculating the amount of a recoverable overpayment, the appropriate authority shall deduct any amount of housing benefit which should have been determined to be payable in respect of the whole or part of the overpayment period —
a
on the basis of the claim as presented to the authority;
b
on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the determination; or
c
on the basis of the claim as it would have appeared if any change of circumstances had been notified at the time that change occurred.
2
For the purposes of paragraph (1)(c), where the change of circumstances is the cessation of entitlement to income support or income-based jobseeker’s allowance the deduction shall be made as if that change of circumstances had not ended the benefit period.
3
In the case of rent rebate only, in calculating the amount of a recoverable overpayment the appropriate authority may deduct so much of any payment by way of rent in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous determination.
.
Amendment of regulation 82 of the Council Tax Benefit Regulations
6
Regulation 82 of the Council Tax Benefit Regulations (offsetting) shall be amended by inserting, after paragraph (1), the following paragraph —
1A
Where an amount has been deducted under regulation 90(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent determination.
.
Substitution of regulation 90 of the Council Tax Benefit Regulations
7
For regulation 90 of the Council Tax Benefit Regulations (sums to be deducted in calculating recoverable excess benefit) there shall be substituted the following regulation —
Sums to be deducted in calculating recoverable excess benefit
90
1
In calculating the amount of recoverable excess benefit, the appropriate authority shall deduct any amount of council tax benefit which should have been determined to be payable in respect of the whole or part of the overpayment period —
a
on the basis of the claim as presented to the authority;
b
on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the determination; or
c
on the basis of the claim as it would have appeared if any change of circumstances had been notified at the time that change occurred.
2
For the purposes of paragraph (1)(c), where the change of circumstances is the cessation of entitlement to income support or income-based jobseeker’s allowance the deduction shall be made as if that change of circumstances had not ended the benefit period.
3
In calculating the amount of recoverable excess benefit, the appropriate authority may deduct so much of any payment of council tax in respect of the excess benefit period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous determination.
.
Amendment of regulation 91 of the Council Tax Benefit Regulations
8
Sub-paragraph (a) of paragraph (1) of regulation 91 of the Council Tax Benefit Regulations (recovery of excess benefit from prescribed benefits) shall be amended by adding after the words “except guardian’s allowance” the words “or housing benefit”.
Alistair Darling
Secretary of State,
Department of Social Security
30th August 2000