text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2001 and shall come into force on 6th April 2001.
2
In this Order —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Secondary percentage for secondary Class 1 contributions
2
In both section 9 of the Act and section 9 of the Northern Ireland Act (calculation of secondary Class 1 contributions) in subsection (2) for “12.2” (percentage rate) there shall be substituted “11.9”.
Small earnings exception from Class 2 contributions
3
In both section 11 of the Act and section 11 of the Northern Ireland Act (Class 2 contributions) in subsection (4) (small earnings exception) for “£3,825” there shall be substituted “£3,955”.
Amount of a Class 3 contribution
4
In both section 13(1) of the Act and section 13(1) of the Northern Ireland Act (amount of a Class 3 contribution) for “£6.55” there shall be substituted “£6.75”.
Lower and upper limits for Class 4 contributions
5
In each of sections 15(3) and 18(1) of the Act and sections 15(3) and 18(1) of the Northern Ireland Act (Class 4 contributions recoverable under the Income Tax Acts and under regulations) —
a
for “£4,385” (lower limit) in each place where it appears, there shall be substituted “£4,535”; and
b
for “£27,820” (upper limit) there shall be substituted “£29,900”.
Prescribed percentage of estimated benefit expenditure — Great Britain
6
Section 2(2) of the Social Security Act 1993 (payments into the National Insurance Fund out of money provided by Parliament) shall have effect with respect to the tax year 2001–02 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent.
Prescribed percentage of estimated benefit expenditure — Northern Ireland
7
Article 4(3) of the Social Security (Northern Ireland) Order 1993 (payments into the Northern Ireland National Insurance Fund out of appropriated money) shall have effect with respect to the tax year 2001–02 and the prescribed percentage of estimated benefit expenditure for the financial year ending with 31st March in that tax year shall be 2 per cent.
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 2001


type: legislation

jurisdiction: UK

text:
1
1
These Regulations may be cited as the Teachers (Compulsory Registration) (England) Regulations 2001 and shall come into force on 1st June 2001.
2
These Regulations shall apply in relation to England .
2
1
In these Regulations —
“ 1988 Act ” means the Education Reform Act 1988;
“ 1998 Act ” means the Teaching and Higher Education Act 1998; and
“registered” means registered in accordance with section 3 of the 1998 Act by the General Teaching Council for England, and “registration” shall be construed accordingly.
2
Words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions of the 1988 Act set out opposite thereto in the second column.
qualified teacher section 218(2) school section 218(12) a person employed as a teacher section 218(13)(a)
3
A reference to a teacher taking up a post as a teacher includes a reference to the engagement of a teacher to provide his services as a teacher otherwise than under a contract of employment, and a reference to a teacher occupying a post includes a reference to a teacher occupying a post pursuant to such an engagement.
3
Subject to regulation 4, no person shall be employed as a teacher at a school unless he is registered.
4
A person specified in Part I of the Schedule is excepted from the requirement imposed by regulation 3, and a person specified in Part II of the Schedule is excepted from that requirement for the period specified in the case in question.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
28th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Vale of White Horse (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 Vale of White Horse;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “ Map of the District of Vale of White Horse (Electoral Changes) Order 2001 ”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Vale of White Horse
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-nine 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 Vale of White Horse
3
1
The ordinary elections of all councillors of the district of Vale of White Horse 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 Abingdon
4
1
The existing wards of the parish of Abingdon shall be abolished.
2
The parish shall be divided into seven 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 three.
Wards of the parish of East Challow
5
The parish of East Challow 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 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 Grove
6
1
The existing wards of the parish of Grove shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Mably and North; the parish ward of North shall comprise the area of the district ward of Grove, and the Mably parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for the North parish ward shall be fifteen and for the Mably parish ward shall be one.
Wards of the parish of Longworth
7
The parish of Longworth 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 Milton
8
The parish of Milton 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 St. Helen Without
9
The parish of St. Helen Without shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Wantage
10
1
The existing wards of the parish of Wantage shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Charlton and Segsbury and each parish ward shall comprise the area of the district wards bearing the name of Wantage Charlton and Wantage Segsbury respectively.
3
The number of councillors to be elected for the Charlton parish ward shall be ten and for the Segsbury parish ward shall be six.
Revocation
11
The District of Vale of White Horse (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
20th December 2001


text:
1
This Order may be cited as the A47 Trunk Road (Hardwick Roundabout) Order 2001 and shall come into force on 31st December 2001.
2
From the date when this Order comes into force the length of the highway described in the Schedule to this Order shall become a trunk road. The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/PS/262 marked “The A47 Trunk Road (Hardwick Roundabout) Order 2001”, and signed by authority of the Secretary of State for the Transport, Local Government and the Regions and deposited at the Deposit Document Service, DETR , Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex. TN37 7GA.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director in The Highways Agency
18th December 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Additional Pension and Social Security Pensions (Home Responsibilities) (Amendment) Regulations 2001 and shall come into force on 6th April 2002.
2
In these Regulations —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“appropriate table” means —
in the case of a person attaining pensionable age after the end of the year 2002–2003 but before 6th April 2009, Table 5 of paragraph 7(3) of Schedule 4A to the Contributions and Benefits Act ,
in the case of a person attaining pensionable age on or after 6th April 2009, Table 6 of paragraph 7(4) of that Schedule;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;
“the 1994 Regulations ” means the Social Security Pensions (Home Responsibilities) Regulations 1994 ;
“contracted-out employment” means employed earner’s employment qualifying a person for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme or an appropriate personal pension scheme, as the case may be;
“contributions equivalent premium” means the premium referred to in section 55(2) of the Pension Schemes Act 1993 ;
“non-contracted-out employment” means employed earner’s employment which is not contracted-out employment;
“year” means a tax year.
Calculation of additional pension where contributions equivalent premium paid or treated as paid
2
Where a contributions equivalent premium —
a
is paid in accordance with the provisions of sections 55 to 61 of the Pension Schemes Act 1993 (which deal with the payment of a contributions equivalent premium in respect of specified periods of contracted-out employment) and regulations made thereunder; or
b
is treated as having been paid in accordance with the provisions of paragraph 5(3) to (3E) of Schedule 2 to that Act (which provide for a contributions equivalent premium to be treated as paid in respect of contracted-out employment in certain circumstances) and regulations made thereunder,
the amount referred to in section 45(2)(c) of the 1992 Act (which provides for the calculation of the amount of additional pension in a Category A retirement pension in relation to the 2002–2003 tax year and subsequent tax years) is to be calculated in accordance with Parts I and II of Schedule 4A to the 1992 Act (additional pension) as if the employment in respect of which a premium is paid, or treated as paid, had not been contracted-out employment.
Calculation of additional pension: earnings partly from employment with contracted-out scheme membership
3
1
This regulation applies in relation to any year where earnings are paid to or for the benefit of an earner —
a
partly in respect of non-contracted-out employment; and
b
partly in respect of employment qualifying him for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme, or both.
2
For any year in relation to which this regulation applies, the amount referred to in paragraph 1(1)(a) of Schedule 4A to the Contributions and Benefits Act shall be amount C where —
a
amount C is equal to amount A minus amount B; and
b
amounts A and B are calculated in accordance with the following paragraphs.
3
Amount A is to be calculated in accordance with paragraph 5 of Schedule 4A to the Contributions and Benefits Act.
4
Amount B is to be calculated as follows: —
a
find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in that year in respect of the employment referred to in paragraph (1)(b) above;
b
deduct from that earnings factor an amount equal to the weekly lower earnings limit for the year multiplied by the number of tax weeks in which earnings were paid in respect of weeks of that employment;
c
multiply the amount found under sub-paragraph (b) above in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;
d
multiply the amount found under sub-paragraph (c) above by the percentage specified in paragraph 6(3) of Schedule 4A to the Contributions and Benefits Act which is applicable in the case of the earner.
Calculation of additional pension: earnings partly from employment with scheme membership
4
1
This regulation applies in relation to any year where earnings are paid to or for the benefit of an earner —
a
partly in respect of non-contracted-out employment; and
b
partly in respect of employment qualifying him for a pension provided by an appropriate personal pension scheme.
2
For any year in relation to which this regulation applies, the amount referred to in paragraph 1(1)(a) of Schedule 4A to the Contributions and Benefits Act shall be amount C where —
a
amount C is equal to amount A minus amount B; and
b
amounts A and B are calculated in accordance with the following paragraphs.
3
Amount A is to be calculated in accordance with paragraph 5 of Schedule 4A to the Contributions and Benefits Act.
4
Amount B is to be calculated as follows: —
a
find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in that year in respect of employment qualifying the earner for a pension provided by an appropriate personal pension scheme;
b
deduct from that earnings factor an amount equal to the qualifying earnings factor for that year;
c
calculate the part of the amount found under sub-paragraph (b) above falling into each of the bands specified in the appropriate table;
d
multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year;
e
multiply each amount found under sub-paragraph (d) above by such percentage specified in the appropriate table in relation to the appropriate band as is applicable in the case of the earner;
f
add together the amounts calculated under sub-paragraph (e) above.
Calculation of additional pension: other cases of mixed forms of contracted-out employment
5
1
This regulation applies in relation to any year where earnings are paid to or for the benefit of an earner —
a
partly in respect of —
i
employment qualifying him for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme, or both, and
ii
employment qualifying him for a pension provided by an appropriate personal pension scheme; or
b
partly in respect of —
i
non-contracted-out employment,
ii
employment qualifying him for a pension provided by a salary related contracted-out scheme or a money purchase contracted-out scheme, or both, and
iii
employment qualifying him for a pension provided by an appropriate personal pension scheme.
2
For any year in relation to which this regulation applies, the amount referred to in paragraph 1(1)(a) of Schedule 4A to the Contributions and Benefits Act shall be amount C where —
a
amount C is equal to amount A minus amount B; and
b
amounts A and B are calculated in accordance with the following paragraphs.
3
Amount A is to be determined in accordance with paragraph 5 of Schedule 4A to the Contributions and Benefits Act.
4
Amount B is the sum of amount D and amount E and —
a
amount D is to be found as follows: —
i
find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in that year in respect of the employment referred to in paragraph (1)(a)(i) or, as the case may be, (1)(b)(ii) above,
ii
deduct from that earnings factor an amount equal to the weekly lower earnings limit for the year multiplied by the number of tax weeks in which earnings were paid in respect of that employment,
iii
multiply the amount found under head (ii) above in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year,
iv
multiply the amount found under head (iii) above by the percentage specified in paragraph 6(3) of Schedule 4A to the Contributions and Benefits Act which is applicable in the case of the earner;
b
amount E is to be found as follows: —
i
find the earnings factor derived from the aggregate of the amounts of weekly earnings paid in the year in which this regulation applies in respect of the employment referred to in paragraph (1)(a)(ii) or, as the case may be, (1)(b)(iii) above,
ii
add to that earnings factor an amount equal to the weekly lower earnings limit for the year multiplied by the number of tax weeks in which earnings were paid in respect of the employment referred to in paragraph (1)(a)(i) or, as the case may be, (1)(b)(ii) above,
iii
deduct from the amount found under head (ii) above an amount equal to the qualifying earnings factor for that year,
iv
calculate the part of the amount found under head (iii) above falling into each of the bands specified in the appropriate table,
v
multiply the amount of each such part in accordance with the last order under section 148 of the Administration Act to come into force before the end of the final relevant year,
vi
multiply each amount found under head (v) above by such percentage specified in the appropriate table in relation to the appropriate band as is applicable in the case of the earner;
vii
add together the amounts calculated under head (vi) above.
Preclusion from regular employment
6
The condition referred to in section 44A(2)(c)(ii) of the Contributions and Benefits Act (which relates to the condition to be satisfied for a person to be taken to be precluded from regular employment by responsibilities at home throughout a year for the purposes of paragraph 5(7)(b) of Schedule 3 to that Act) is that specified in regulation 2(2)(b) or (3) of the 1994 Regulations (which refer respectively to a person to whom income support is payable and a person regularly engaged in caring for at least 35 hours a week for someone in receipt of certain benefits).
Amendment of the 1994 Regulations
7
In regulation 2(5) of the 1994 Regulations (which provides for when a person will not be treated as precluded from regular employment for the purposes of those Regulations) for sub-paragraph (b), substitute —
b
in the case of a person who satisfies the conditions in paragraph (3) above in respect of any year preceding 2002–2003, if he does not furnish such information as the Secretary of State may from time to time require which is relevant to the question of whether in that year he was precluded from regular employment by responsibilities at home within the meaning of these Regulations; or
c
in the case of a person who satisfies the conditions in paragraph (3) above in respect of the year 2002–2003 or any subsequent year, if he does not, within the period of three years immediately following the end of that year, furnish such information as the Secretary of State may from time to time require which is relevant to the question of whether, in that year, he was precluded from regular employment by responsibilities at home within the meaning of these Regulations.
.
Signed by authority of the Secretary of State for Social Security
Jeff Rooker
Minister of State,
Department of Social Security
31st March 2001


text:
Citation and commencement
1
This Order may be cited as the Mancunian Community Health National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Mancunian Community Health National Health Service Trust established by the Mancunian Community Health National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority (Rate of Levy) Order 2001 and shall come into force on 1st July 2001.
Interpretation
2
In this Order, unless the context otherwise requires, expressions have the same meanings as they have in the Schemes.
Rates of Levy
3
1
For the relevant year the rates of levy per tonne of cereals delivered which appears to the Ministers and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of cereal shall in each case be —
a
50.8775 pence in respect of dealer levy,
b
47 pence in respect of grower levy,
c
9.69375 pence in respect of standard rate processor levy, and
d
4.7 pence in respect of reduced rate processor levy.
2
For the relevant year the rate of levy per tonne of oilseeds delivered which appears to the Ministers and the National Assembly to be sufficient (but not more than sufficient) to meet the amount apportioned to each kind of oilseed shall in each case be 76.375 pence.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
30th April 2001
John Reid
Secretary of State for Northern Ireland
1st May 2001
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 :
Elis Thomas
Presiding Officer
8th May 2001
We consent
Ross Finnie
A member of the Scottish Executive
1st May 2001


text:
Title, commencement and extent and cessation
1
1
These Regulations may be cited as the Export Restrictions (Foot-and-Mouth Disease) Regulations 2001; they extend to the United Kingdom and shall come into force on 21st February 2001 at 11.00 p.m.
2
These Regulations shall apply until 1st March 2001 at 12.00 p.m.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Decision” means the Commission Decision of 21st February 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom (not yet published in the Official Journal);
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (in England), the National Assembly for Wales (in Wales), Scottish Ministers (in Scotland) or the Department of Agriculture and Rural Development (in Northern Ireland) or a local authority, and includes a veterinary inspector;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other products of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 1 of Council Regulation ( EC ) No. 1255/1999 on the common organisation of the market in milk and milk products ;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (in England), the National Assembly for Wales (in Wales), the Scottish Ministers (in Scotland) or the Department of Agriculture and Rural Development (in Northern Ireland).
Export of live animals
3
1
No person shall export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate to any other member State.
2
By way of derogation from the preceding paragraph, the Minister (in England), the National Assembly for Wales (in Wales), Scottish Ministers (in Scotland) or the Department of Agriculture and Rural Development (in Northern Ireland) may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom to another member State if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail.
Export of fresh meat
4
1
No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate coming from the United Kingdom or obtained from animals originating in the United Kingdom to any other member State.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat obtained before 1st February 2001 provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for other member States;
b
fresh meat obtained from cutting plants situated in the United Kingdom under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a) or fresh meat from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on animal health problems affecting intra-Community trade in fresh meat ;
iii
the plant is operated under strict veterinary control;
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for other member States.
3
Meat consigned to other member States shall be accompanied by a certificate issued by a veterinary inspector which bears the following words —
Meat conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of meat products
5
1
No person shall export to other member States meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom or prepared using meat obtained from animals originating in the United Kingdom.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared from meat derived from biungulate animals slaughtered before 1st February 2001 provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for other member States;
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must be from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter;
ii
all meat products used in the final product must conform to the conditions in paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the United Kingdom;
iii
all meat products must bear the health mark in accordance with Chapter VII of Annex A to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control;
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for other member States.
4
Meat products consigned to other member States shall be accompanied by a certificate issued by a veterinary inspector which bears the following words —
Meat products conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of milk
6
1
No person shall export milk to another member State.
2
The prohibition in paragraph (1) shall not apply in relation to milk which has been subjected to —
a
an initial pasteurisation in accordance with the norms defined in Council Directive 92/46/EEC (laying down health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ), followed by a second heat treatment by high temperature pasteurisation, UHT , sterilisation or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in Directive 92/46/EEC , combined with the treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments situated in the United Kingdom under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the United Kingdom;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for other member States;
d
transport of raw milk from outside the United Kingdom to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the United Kingdom keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to other member States shall be accompanied by a certificate issued by a veterinary inspector which bears the following words —
Milk conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of milk products
7
1
No person shall export milk products to another member State.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products subjected to heat treatment at a temperature of at least 71.7°C for 15 seconds or an equivalent treatment;
c
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6.
3
The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishment will either conform to the conditions of regulation 6(2) or be obtained from animals outside the United Kingdom;
b
all milk products used in the final product will either conform to the conditions of paragraph (2) or be made from milk obtained from animals outside the United Kingdom;
c
the establishment shall be under strict veterinary control;
d
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for other member States.
4
Milk products consigned to other member States shall be accompanied by a certificate issued by a veterinary inspector which bears the following words —
Milk products conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of semen, etc.
8
1
No person shall export semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates to another member State.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos produced before 1st February 2001.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine semen consigned to other member States shall bear the following words —
Frozen bovine semen conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species ) accompanying bovine embryos consigned to other member States shall bear the following words —
Bovine embryos conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of hides and skins
9
1
No person shall export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates to another member State.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex I to Directive 92/118/EEC (laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC ). Care must be taken to separate effectively treated hides and skins from untreated hides and skins.
3
The hides and skins must be accompanied by a certificate stating —
Hides and skins conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of animal products
10
1
No person shall send animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations to other member States.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3,00 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
processed sheep wool and ruminant hair which is securely enclosed in packaging and dry.
3
The animal products must be accompanied by a certificate stating —
Hides and skins conforming to Commission Decision adopted on 21st February 2001 [or the number of the Decision] concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Powers of inspectors
11
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of the Decision, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Obstruction
12
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
13
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
14
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 12(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction in indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
15
These Regulations shall be enforced by the local authority.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
21st February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000.
2
Regulations 4 and 6(3), and, for the purposes of those provisions, this regulation, shall come into force on 2nd April 2001 and regulation 2(6)(c) and (9), and, for the purposes of those provisions, this regulation, shall come into force on the day on which section 16 of the 2000 Act comes into force.
3
The remainder of these Regulations shall come into force in relation to a particular case on the day on which sections 1(2) and (3), 4, 18(1) and (2), and 20(1) of and Schedule 3 paragraph 11(2) and (16) to the 2000 Act come into force for the purposes of that type of case.
4
In these Regulations, unless the context otherwise requires —
“the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;
“ the Act ” means the Child Support Act 1991;
“the Arrears, Interest and Adjustment Regulations ” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ;
“the Collection and Enforcement Regulations ” means the Child Support (Collection and Enforcement) Regulations 1992 ;
“the Collection and Enforcement of Other Forms of Maintenance Regulations ” means the Child Support (Collection and Enforcement of Other Forms of Maintenance) Regulations 1992 ; and
“the Fees Regulations ” means the Child Support Fees Regulations 1992 .
Amendment of the Collection and Enforcement Regulations
2
1
The Collection and Enforcement Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In Part I (general), in regulation 1 —
a
for paragraph (2) there shall be substituted —
2
In these Regulations —
“the Act” means the Child Support Act 1991;
“the 2000 Act” means the Child Support, Pensions and Social Security Act 2000;
“interest” means interest which has become payable under section 41 of the Act before its amendment by the 2000 Act; and
“voluntary payment” means a payment as defined in section 28J of the Act and Regulations made under that section.
;
b
after paragraph (2), there shall be inserted —
2A
Except in relation to regulation 8(3)(a) and Schedule 2, in these Regulations “fee” means an assessment fee or a collection fee, which for these purposes have the same meaning as in the Child Support Fees Regulations 1992 prior to their revocation by the Child Support (Collection and Enforcement and Miscellaneous Amendments) Regulations 2000 .
; and
c
in paragraph (3)(b) for the words from “the second day” to the end of the paragraph there shall be substituted “the day that it is posted.”.
3
In Part II (collection of child support maintenance) —
a
in paragraph (1) of regulation 2, in paragraph (2) of regulation 3 and in paragraph (2) of regulation 7, for the word “assessment” there shall be substituted “calculation”;
b
in paragraph (1) of regulation 3 —
i
after the words “child support maintenance” there shall be inserted “, penalty payments, interest and fees”; and
ii
after sub-paragraph (e) there shall be added —
f
by debit card.
;
c
after paragraph (1) of regulation 3 there shall be inserted —
1A
In paragraph (1), “debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment.
;
d
after regulation 5 there shall be inserted —
Voluntary Payments
5A
1
Regulation 5(1) shall apply in relation to voluntary payments as if —
a
for the words “Payment of child support maintenance” there were substituted the words “Voluntary payments”; and
b
the words “or other specified person” were omitted.
2
In determining when the Secretary of State shall transmit a voluntary payment to the person entitled to it, the Secretary of State shall have regard to the factor in regulation 4(2)(c).
; and
e
in regulation 7 —
i
in paragraph (1) —
aa
at the beginning there shall be inserted “In the case of child support maintenance,”; and
bb
after sub-paragraph (d) there shall be added —
e
the amount of any payment of child support maintenance which is overdue and which remains outstanding.
;
ii
after paragraph (1) there shall be inserted —
1A
In the case of penalty payments, interest or fees, the Secretary of State shall send the liable person a notice stating —
a
the amount of child support maintenance payable;
b
the amount of arrears;
c
the amount of the penalty payment, interest or fees to be paid, as the case may be;
d
the method of payment;
e
the day by which payment is to be made; and
f
information as to the provisions of sections 16 and 20 of the Act.
; and
iii
after paragraph (2) there shall be added —
3
A notice under paragraph (1A) shall be sent to the liable person as soon as reasonably practicable after the decision to require a payment of the penalty payment, interest or fees has been made.
.
4
After Part II there shall be inserted —
PART IIA
COLLECTION OF PENALTY PAYMENTS
Payment of a financial penalty
7A
1
This regulation applies where a maintenance calculation is, or has been, in force, the liable person is in arrears with payments of child support maintenance, and the Secretary of State requires the liable person to pay penalty payments to him.
2
For the purposes of regulation 7(1)(e) a payment will be overdue if it is not received by the time that the next payment of child support maintenance is due.
3
The Secretary of State may require a penalty payment to be made if the outstanding amount is not received within 7 days of the notification in regulation 7(1)(e) or if the liable person fails to pay all outstanding amounts due on dates and of amounts as agreed between the liable person and the Secretary of State.
4
Payments of a penalty payment shall be made within 14 days of the notification referred to in regulation 7(1A).
5
In this Part a “liable person” means a person liable to make a penalty payment and in Part II and in this Part “penalty payment” is to be construed in accordance with section 41A of the Act.
.
5
Part III (deduction from earnings orders) shall be amended as follows —
a
in regulation 8 —
i
in paragraph (1), the following definitions shall be omitted: “disposable income”, “exempt income”, “interim maintenance assessment”, “prescribed minimum amount”, “protected earnings rate” and “protected income level”; and
ii
after the definition of “pay-day” there shall be inserted —
“protected earnings proportion” means the proportion referred to in regulation 11(2).
;
b
in paragraph (e) of regulation 9, for the words “protected earnings rate” there shall be substituted “protected earnings proportion”;
c
paragraphs (2) and (3) of regulation 10 shall be omitted;
d
in regulation 11 —
i
in the heading, for the words “Protected earnings rate” there shall be substituted “Protected earnings proportion”;
ii
in paragraphs (1) and (2), for the words “protected earnings rate” where they appear there shall be substituted “protected earnings proportion”;
iii
in paragraph (2) —
aa
the words “, except where paragraph (3) or paragraph (4) applies,” shall be omitted;
bb
for the words “the liable person’s exempt income” there shall be substituted “60% of the liable person’s net earnings”; and
cc
for the word “assessment” there shall be substituted “maintenance calculation”; and
iv
paragraphs (3) and (4) shall be omitted;
e
in regulation 12 —
i
in paragraphs (2), (3) and (6), for the words “protected earnings rate” where they appear there shall be substituted “protected earnings proportion”; and
ii
paragraph (5) shall be omitted;
f
in regulation 17 —
i
in paragraph (1)(a), for the word “assessment” there shall be substituted “calculation”; and
ii
in paragraph (1)(b), for the words “and interest on arrears” there shall be substituted “, penalty payment, interest or fees”;
g
in paragraph (1)(f) of regulation 20 —
i
for the words “an interim maintenance assessment” there shall be substituted “a default or interim maintenance decision”; and
ii
for the words “maintenance assessment” there shall be substituted “maintenance calculation”;
h
in paragraph (6) of regulation 21, the words “or (5)” shall be omitted; and
i
in regulation 24 —
i
paragraph (1) shall be omitted;
ii
in paragraph (2)(b), for the words “, deal with” to the end of the sub-paragraph, there shall be substituted the following —
he shall —
i
deal with the orders according to the respective dates on which they were made, disregarding any later order until an earlier one has been dealt with;
ii
deal with any later order as if the earnings to which it relates were the residue of the liable person’s earnings after the making of any deduction to comply with any earlier order.
; and
iii
in paragraphs (2) and (4) —
aa
for the words “one or more deduction from earnings orders”, wherever they appear, there shall be substituted “a deduction from earnings order”; and
bb
wherever they appear, the words “or orders” shall be omitted.
6
In Part IV (liability orders) —
a
in paragraph (2) of regulation 27, for the words “in respect of arrears payable under section 41(3) of the Act” there shall be substituted “, penalty payments or fees which have become payable and have not been paid”;
b
in regulation 33 —
i
in paragraphs (1) and (3), for “40” there shall be substituted “39A”; and
ii
in paragraph (2), for “section 40”, there shall be substituted “sections 39A and 40”; and
c
after regulation 34 there shall be added —
Disqualification from driving order
35
1
For the purposes of enabling an enquiry to be made under section 39A of the Act as to the liable person’s livelihood, means and conduct, a justice of the peace having jurisdiction for the area in which the liable person resides may issue a summons to him to appear before a magistrates' court and to produce any driving licence held by him, and, where applicable, its counterpart, and, if he does not appear, may issue a warrant for his arrest.
2
In any proceedings under sections 39A and 40B of the Act, a statement in writing to the effect that wages of any amount have been paid to the liable person during any period, purporting to be signed for or on behalf of his employer, shall be evidence of the facts there stated.
3
Where an application under section 39A of the Act has been made but no disqualification order is made, the application may be renewed on the ground that the circumstances of the liable person have changed.
4
A disqualification order shall be in the form prescribed in Schedule 4.
5
The amount to be included in the disqualification order under section 40B(3)(b) of the Act in respect of the costs shall be such amount as in the view of the court is equal to the costs reasonably incurred by the Secretary of State in respect of the costs of the application for the disqualification order.
6
An order made under section 40B(4) of the Act may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within his police area, if the liable person fails to appear or produce or surrender his driving licence or its counterpart to the court.
7
An order may be executed by a constable notwithstanding that it is not in his possession at the time but such order shall, if demanded, be shown to the liable person as soon as reasonably practicable.
8
In this regulation “driving licence” means a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988 .
.
7
In Schedule 1, after “ — interest” there shall be inserted —
penalty payments
fees
.
8
In Schedule 3 —
a
after “interest,” there shall be inserted “penalty payments, fees,”;
b
in paragraph (i) after “[garnishee proceedings]” the word “or” shall be omitted; and
c
in paragraph (iii) after “[wilful refusal]” wherever it appears, the word “or” shall be omitted.
9
After Schedule 3 there shall be inserted, as Schedule 4, the Schedule set out in the Schedule to these Regulations.
Amendment of the Collection and Enforcement of Other Forms of Maintenance Regulations
3
1
The Collection and Enforcement of Other Forms of Maintenance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulations 2(b), 3 and 4(b), for the words “maintenance assessment” wherever they appear there shall be substituted “maintenance calculation”.
3
In regulation 3, for “40” there shall be substituted “40B”.
4
In regulation 5, for “absent parent” there shall be substituted “non-resident parent”.
Revocation of the Fees Regulations
4
The Fees Regulations shall be revoked.
Amendment of the Arrears, Interest and Adjustment Regulations
5
1
The Arrears, Interest and Adjustment Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (2) of regulation 1 (interpretation) —
a
the following definitions shall be omitted: “absent parent”, “due date”, “Maintenance Assessments and Special Cases Regulations” and “Maintenance Assessment Procedure Regulations”;
b
after the definition of “arrears notice” there shall be inserted —
“ Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
;
c
before the definition of “parent with care” there shall be inserted —
“non-resident parent” includes a person treated as such under regulation 8 of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
; and
d
in the definition of “relevant person”, for “Maintenance Assessment Procedure Regulations” there shall be substituted “Maintenance Calculation Procedure Regulations”.
3
In Part II (arrears of child support maintenance and interest on arrears) —
a
in the heading to the Part, “and interest on arrears” shall be omitted;
b
in regulation 2 —
i
in the heading, “and interest” shall be omitted;
ii
in paragraphs (1) and (3)(b), for “regulations 3 to 9”, there shall be substituted “regulations 5 and 8”;
iii
in paragraph (3)(b), “and interest” shall be omitted; and
iv
in paragraphs (2), (3)(c) and (4), for “absent parent” there shall be substituted “non-resident parent”;
c
in regulation 5 —
i
in paragraphs (1) and (5), for “absent parent” there shall be substituted “non-resident parent”; and
ii
paragraphs (3), (4) and (6) shall be omitted;
d
in regulation 8 —
i
in paragraphs (1)(i) and (2), for “absent parent” there shall be substituted “non-resident parent”; and
ii
in paragraph (2), for “maintenance assessment” there shall be substituted “maintenance calculation”; and
e
regulations 3, 4, 6 and 7 shall be omitted.
4
In Part III (attribution of payments and adjustment of the amount payable under a maintenance assessment) —
a
in the heading to the Part and the heading to regulation 10, for “assessment” there shall be substituted “calculation”;
b
in regulation 9, paragraphs (1) and (4) of regulation 10 and paragraph (1) of regulation 10A for “assessment” wherever it appears there shall be substituted “calculation”;
c
in regulation 9, paragraph (1)(b)(i) of regulation 10 and paragraph (1) of regulation 10A, for “absent parent” there shall be substituted “non-resident parent”;
d
in regulation 10 —
i
in paragraph (1) the words “new or fresh” shall be omitted;
ii
after paragraph (3) there shall be inserted —
3A
Where there has been a voluntary payment, the Secretary of State may —
a
apply the amount of the voluntary payment to reduce any arrears of child support maintenance due under any previous maintenance calculation made in respect of the same relevant persons; or
b
where there is no previous relevant maintenance calculation or an amount of the voluntary payment remains after the application of sub-paragraph (a), and subject to paragraph (4), adjust the amount payable under a current maintenance calculation by such amount as he considers appropriate in all the circumstances of the case having regard in particular to —
i
the circumstances of the non-resident parent and the person with care;
ii
the amount of the voluntary payment in relation to the amount due under the current maintenance calculation; and
iii
the period over which it would be reasonable for the voluntary payment to be taken into account.
;
iii
in paragraph (4) —
aa
for the words “(2) or (3)” there shall be substituted “(3A) or regulation 15D of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ”; and
bb
for the words “the minimum amount prescribed under paragraph 7” there shall be substituted “an amount equivalent to a flat rate fixed by paragraph 4(1)”;
e
in regulation 10A(1) —
i
in sub-paragraph (a), the words “family credit or disability working allowance” shall be omitted; and
ii
sub-paragraph (b) shall be omitted; and
f
after regulation 10A there shall be inserted —
Repayment of a reimbursement of a voluntary payment
10B
The Secretary of State may require a relevant person to repay the whole or any part of any payment by way of reimbursement made to a non-resident parent under section 41B(2) of the Act where —
a
a voluntary payment was made;
b
section 41B(1A) applies; and
income support or income-based jobseeker’s allowance was not in payment to that person at any time during the period in which the voluntary payment was made or at the date or dates on which the payment by way of reimbursement was made.
.
Savings
6
1
Where, in respect of a particular case before the date that these Regulations come into force with respect to that type of case, —
a
interest has become due but has not been paid;
b
the Secretary of State has made a payment by way of reimbursement under section 41B(2) of the Act; or
c
arrears of child support maintenance have not been paid,
these Regulations shall not apply for the purposes of —
i
the recovery of the interest referred to in sub-paragraph (a);
ii
the repayment to the Secretary of State of the whole, or part, of the sum reimbursed referred to in sub-paragraph (b); or
iii
the collection and enforcement of the arrears referred to in sub-paragraph (c).
2
Where in respect of a particular case after the date that these Regulations come into force with respect to that type of case an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.
3
Where, before the coming into force of regulation 4 of these Regulations, fees have become due but have not been paid, the Fees Regulations shall have effect as if regulation 4 of these Regulations had not been made.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
18th January 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health and Safety (Fees) Regulations 2001 and shall come into force on 20th August 2001.
2
In these Regulations, unless the context otherwise requires —
“approval” includes the amendment of an approval, and “amendment of an approval” includes the issue of a new approval replacing the original incorporating an amendment;
“employment medical adviser” means an employment medical adviser appointed under section 56(1) of the 1974 Act;
“the mines and quarries provisions” means such of the relevant statutory provisions as relate exclusively to–
mines within the meaning of section 180 of the Mines and Quarries Act 1954 ;
tips and quarries within the meaning of regulations 2(1) and 3 respectively of the Quarries Regulations 1999 ; and
tips within the meaning of section 2(1) of the Mines and Quarries (Tips) Act 1969 ;
and includes regulations, rules and orders relating to a particular mine (whether they are continued in force by regulation 7(3) of the Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974 or are health and safety regulations);
“original approval” does not include an amendment of an approval;
“renewal of approval” or “renewal of licence” means respectively the granting of an approval or licence to follow a previous approval or licence without any amendment or gap in time; and
“respiratory protective equipment” includes any respirator and any breathing apparatus.
3
Unless the context otherwise requires, any reference in these Reulgations to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.
Fees payable under the mines and quarries provisions
2
1
A fee shall be payable by the applicant to the Executive on each application for an original approval, an amendment of approval or a renewal of approval under any of the mines and quarries provisions.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Part I of Schedule 1 shall be respectively that specified in the corresponding entry in column 2, 3 or 4 of that Part and shall be payable on making the application for approval, or, where any such entry specifies a fee as the reasonable cost to the Executive of having the work carried out, the fee so costed shall be payable prior to the notification of the result of the application.
3
Where the Executive requires testing to be carried out to decide whether approval can be granted, a fee shall be payable to the Executive by the applicant prior to the notification of the result of the application for the approval as described below–
a
in the case of explosives and detonators for each test specified in column 1 of Part II of Schedule 1, the fee shall be that specified in the corresponding entry in column 2 of that Part;
b
in any other case, the fee shall be as set out in Part III of Schedule 1 (that is to say the reasonable cost to the Executive of having the testing carried out).
Fee for applications for approval of respiratory protective equipment
3
1
A fee shall be payable by the applicant to the Executive on each application for approval of respiratory protective equipment–
a
under the Factories Act 1961 , or any regulations made or having effect as if made under that Act;
b
under the Control of Lead at Work Regulations 1998 ;
c
under the Ionising Radiations Regulations 1999 ;
d
under the Control of Asbestos at Work Regulations 1987 ; and
e
under the Control of Substances Hazardous to Health Regulations 1999 .
2
The fee payable on application for approval of respiratory protective equipment shall be that specified in column 2 of Schedule 2 (that is to say the reasonable cost to the Executive of having the work, including any testing, carried out).
Fees for applications for approval under the Agriculture (Tractor Cabs) Regulations 1974
4
1
A fee shall be payable by the applicant to the Executive on each application for approval of plant and equipment under the Agriculture (Tractor Cabs) Regulations 1974 .
2
The fee payable on application for such an approval or revision of an approval as is described in column 1 of Schedule 3 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fee for application for approval under the Freight Containers (Safety Convention) Regulations 1984
5
1
A fee shall be payable by the applicant to the Executive on each application for approval of a scheme or programme for examination of freight containers under the Freight Containers (Safety Convention) Regulations 1984 .
2
The fee payable on application for the approval described in column 1 of Schedule 4 shall be that specified in column 2 of that Schedule.
Fee for application for a licence under the Asbestos (Licensing) Regulations 1983
6
1
A fee shall be payable by the applicant to the Executive on each application for a licence under the Asbestos (Licensing) Regulations 1983 .
2
The fee payable on application for a licence described in column 1 of Schedule 5 shall be that specified in column 2 of that Schedule.
Fees for examination or surveillance by an employment medical adviser
7
1
A fee shall be payable to the Executive by an employer in respect of a medical examination or medical surveillance of each of his employees by an employment medical adviser for the purposes of any provision specified in column 1 of Schedule 6.
2
The fee payable under paragraph (1) shall be a basic fee for each examination or on each occasion when surveillance is carried out together with additional fees for X–rays and laboratory tests where these are taken or carried out in connection with the examination; and for each provision specified in column 1 of Schedule 6–
a
the basic fee shall be the amount specified in column 3 of that Schedule for that provision;
b
the additional fee for X–rays shall be the amount specified in column 4 of that Schedule for that provision and shall cover all X–rays taken in connection with any one examination;
c
the additional fee for laboratory tests shall be the amount specified in column 5 of that Schedule for that provision and shall cover all such tests carried out in connection with any one examination.
3
Where an employment medical adviser carries out a medical examination of a self-employed person for the purposes of the Control of Asbestos at Work Regulations 1987, that self-employed person shall pay to the Executive fees ascertained in accordance with paragraph (2).
Fees for medical surveillance by an employment medical adviser under the Control of Lead at Work Regulations 1998
8
1
A fee shall be payable to the Executive by an employer in respect of medical surveillance of any of his employees by an employment medical adviser for the purposes of the Control of Lead at Work Regulations 1998 .
2
The fee payable for each item described in column 1 of Schedule 7 shall be that specified in the corresponding entry in column 2 of that Schedule.
Fees for application for approval or reassessment of approval of dosimetry services and for type approval of apparatus under the Ionising Radiations Regulations 1999
9
1
A fee shall be payable by the applicant to the Executive on each application for an approval of dosimetry services or for the reassessment of an approval of dosimetry services previously granted for the purposes of the 1999 Regulations .
2
A fee shall be payable by the applicant to the Executive on each application for the type approval of apparatus pursuant to sub-paragraphs 1(c)(i) and 1(d)(i) of Schedule 1 to the 1999 Regulations.
3
The fee payable for approval or reassessment or type approval in respect of each matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 2 of that Schedule.
4
A fee shall be payable by the applicant to the Executive where the Executive requires any work to be carried out by its nuclear or other specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (1) or (2) and the fee for work in connection with each such matter described in column 1 of Schedule 8 shall be that specified in the corresponding entry in column 3 of that Schedule for each hour or part of an hour worked.
5
Where the Executive requires an inspection to be carried out in connection with any application mentioned in this regulation, a fee shall be payable by the applicant to the Executive of an amount equal to the reasonable cost of travelling and subsistence of any member of the Executive’s staff in connection with the provision.
6
Any fee payable under paragraph (4) or (5) shall be payable prior to notification of the result of the application.
7
In this regulation “the 1999 Regulations” means the Ionising Radiations Regulations 1999 .
Fees payable under the Explosives Act 1875 and instruments made thereunder, under the Petroleum (Consolidation) Act 1928, the Petroleum (Transfer of Licences) Act 1936 and the Classification and Labelling of Explosives Regulations 1983
10
1
Where any application in relation to a provision specified in column 1 of Part I of Schedule 9 is made for a purpose specified in column 2 of that Part, the fee specified in the corresponding entry in column 3 of that Part shall be payable by the applicant to the Executive.
2
The fee or maximum fee payable under each provision specified in column 1 of Part II of Schedule 9 for the purpose described in the corresponding entry in column 2 shall be that specified in the corresponding entry in column 3 of that Part.
3
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respectof which a fee is payable by virtue of paragraph (1) for any purpose specified in column 2 of Part I of Schedule 9 for which there is a corresponding entry in column 4 of that Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 4 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
4
A fee shall be payable by the applicant to the Executive on each application being made for each purpose specified in column 1 of each of Parts III, IV , and V of Schedule 9, and the fee for each such purpose shall be that specified in the corresponding entry in column 2 in the respective Part.
5
A fee shall be payable to the Executive where the Executive requires any work to be carried out by its specialist inspectors in connection with any application in respect of which a fee is payable by virtue of paragraph (4) for any purpose specified in column 1 of each of Parts III, IV and V of Schedule 9 for which there is a corresponding entry in column 3 of the respective Part, and the fee for work in connection with each such purpose shall be that specified in the corresponding entry in column 3 of that Part for each hour or part of an hour worked and such fee shall be payable prior to notification of the result of the application.
6
A fee shall be payable to the Executive where the Executive requires any testing to be carried out in connection with any purpose specified in column 1 of Part VI of Schedule 9, and the fee for testing in connection with each such purpose shall be the reasonable cost to the Executive of having the work carried out and such fee shall be payable prior to notification of the result of the application.
Date from which fees are payable under the Petroleum (Consolidation) Act 1928 and the Petroleum (Transfer of Licences) Act 1936
11
Notwithstanding the provisions of section 4 of the Petroleum (Consolidation) Act 1928 or section 1(4) of the Petroleum (Transfer of Licences) Act 1936 the fees in respect of applications for petroleum licences prescribed by these Regulations shall be payable for any licence first having effect or any transfer or renewal of a licence first taking effect on or after the coming into force of these Regulations irrespective of the date of the application for that licence, transfer or renewal.
Fee for application for an explosives licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987
12
1
A Fee shall be payable by the applicant to the Executive on each application for an explosives licence or for any alteration in the terms of an existing licence under Part IX of the Dangerous Substances in Harbour Areas Regulations 1987 .
2
The fee on an application for each purpose specified in column 1 of Schedule 10 shall be that specified in column 2 of that Schedule and where the fee is determined as an amount per hour, the fee so calculated shall be payable prior to notification of the result of the application.
Fee for a vocational training certificate under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
13
1
A driver may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (6) of regulation 4 of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee of the sum specified in Schedule 11 has been paid to the Secretary of State.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Fees for applications for approvals under the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996
14
1
A fee shall be payable by the applicant to the Secretary of State on each application for an original approval or a renewal of any approval of —
a
training under regulation 4(3)(a); or
b
a refresher course under regulation 4(6)(a),
of the Carriage of Dangerous Goods by Road (Driver Training) Regulations 1996.
2
The fee payable under paragraph (1) on application for such approval as is mentioned in column 1 of Schedule 12 shall be respectively that specified in the corresponding entry in column 2 or 3 of that Schedule.
Fee for a vocational training certificate under the Transport of Dangerous Goods (Safety Advisers) Regulations 1999
15
1
An individual may only be issued with a vocational training certificate in accordance with paragraph (1) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where a fee as specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
2
The validity of a vocational training certificate may only be extended in accordance with paragraph (5) of regulation 7 of the Transport of Dangerous Goods (Safety Advisers) Regulations 1999 where, within the period of 12 months which precede the expiry of the original certificate or any extension of it granted in accordance with that paragraph, a fee as specified in Schedule 13 has been paid to the Secretary of State or the person designated by the Secretary of State for the purpose of issuing vocational training certificates.
3
Nothing in this regulation shall be construed as making a fee payable by a person in any of the capacities specified in section 43(4) of the 1974 Act.
Estimate of cost of work
16
Where any fee is to be assessed on the reasonable cost to the Executive of carrying out any work or testing under regulation 2(2), 2(3)(b), 3(2) or 10(6), the Executive shall on receipt of the application first prepare and send to the applicant an estimate of that cost and shall, before carrying out the work, obtain confirmation from the applicant that he wishes the work to be carried out.
Fees for notifications and applications under the Genetically Modified Organisms (Contained Use) Regulations 2000
17
1
The fee specified in column 2 of Schedule 14 shall be payable by a notifier to the competent authority on each such notification or application under the 2000 Regulations as is referred to in the corresponding entry in column 1 of that Schedule.
2
No fee shall be returned to a notifier where the competent authority returns a notification pursuant to regulation 14(7) of the 2000 Regulations or a notifier withdraws his notification pursuant to regulation 15(6) of the 2000 Regulations.
3
In this regulation, “the 2000 Regulations” means the Genetically Modified Organisms (Contained Use) Regulations 2000 and “competent authority” has the same meaning as in those Regulations.
Fees for notifications and applications under the Notification of New Substances Regulations 1993
18
1
The fee specified in column 2 of Part 1 of Schedule 15 shall be payable by a notifier to the Executive on each such notification or application under the Notification of New Substances Regulations 1993 as is referred to in the corresponding entry in column 1 of that Part.
2
In the circumstances described in column 1 of Part 2 of Schedule 15, the fee specified in the corresponding entry in column 2 of that Part shall be payable by the notifier to the Executive in addition to the fee payable under paragraph (1) in respect of the notification concerned.
Fees payable in respect of offshore installations
19
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 16 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by an operator or owner who has prepared a safety case pursuant to the 1992 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that operator or owner in relation to the installation to which the safety case relates;
b
a contractor in relation to any work carried out by him or in connection with that installation.
3
In this regulation, regulation 22 and Schedule 16, “the 1992 Regulations” means the Offshore Installations (Safety Case) Regulations 1992 , and “installation” “safety case” “operator” and “owner” have the same meanings as in those Regulations.
Fees payable in respect of railway safety functions
20
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 17 for the performance by the Executive of such functions conferred on the Executive as are specified in colunm 1 of that Schedule.
2
A fee shall be payable to the Executive by a railway operator who has prepared a safety case which has been accepted by the Executive pursuant to the 2000 Regulations for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inspector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisons against —
a
that railway operator in relation to the railway infrastructure, station or train operation to which that safety case relates;
b
a contractor in relation to work carried out by him on or in connection with that railway infrastructure or station or in connection with that train operation.
3
This regulation shall not apply to a function performed in relation to the tunnel system within the meaning of section 1(7) of the Channel Tunnel Act 1987 .
4
This regulation shall not apply to a function performed in relation to a railway, tramway or trolley vehicle system if on no part of that railway, tramway or trolley vehicle system there is a line speed exceeding 40 kilometres per hour and for the purposes of this paragraph “line speed” means the highest of the permitted speeds on the railway, tramway or trolley vehicle system concerned and “permitted speed” means the maximum speed permitted on the part of the railway, tramway or trolley vehicle system concerned.
5
In this regulation, regulation 22 and Schedule 17 the “2000 Regulations” means the Railways (Safety Case) Regulations 2000 , the “ Approval Regulations ” means the Railway and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 , “railway”, “railway infrastructure”, “railway operator”, “safety case”, “station” and “train” have the same meanings as in the 2000 regulations and “tramway” and “trolley vehicle system” have the same meanings as in the Transport and Works Act 1992 .
Fees payable in respect of gas safety functions
21
1
A fee shall be payable to the Executive by the person referred to in column 2 of Schedule 18 for the performance by the Executive of such functions conferred on the Executive as are specified in column 1 of that Schedule.
2
A fee shall be payable to the Executive by a person conveying gas who has prepared a safety case pursuant to the 1996 Regulations or by a network emergency co-ordinator for the performance by or on behalf of the Executive, or by an inspector appointed by it, of any function conferred on the Executive or the inpector by the 1974 Act which relates to the enforcement of any of the relevant statutory provisions against —
a
that person in relation to the network to which the safety case relates; and
b
a contractor in relation to work carried out by him on or in connection with that network,
insofar as such enforcement is for the purpose of protecting persons from risks arising from the manner in which gas is conveyed or used.
3
In this regulation, regulation 22 and Schedule 18 “the 1996 Regulations” means the Gas Safety (Management) Regulations 1996 , and “network”, “network emergency co-ordinator” and “safety case” have the same meanings as in the 1996 Regulations.
Provisions supplementary to regulations 19 to 21
22
1
The fees referred to in regulations 19 to 21 above shall —
a
not exceed the sum of the costs reasonably incurred by the Executive for the performance of the function referred to in the respective regulation; and
b
be payable within 30 days from the date of the invoice that the Executive has sent or given to the person who is required to pay the fees, such invoice to include a statement of the work done and the costs incurred including the period to which the statement relates.
2
Any fees payable under regulations 19 to 21 shall be recoverable only as a civil debt.
3
Any fees payable under regulations 19 to 21 shall not include any costs connected with any —
a
in England and Wales, criminal investigation or prosecution incurred (in either case) from the date any summons is obtained from a Magistrates' Court;
b
in Scotland, criminal investigation or prosecution incurred (in either case) after such a time as —
i
the inspector undertaking the investigation refers the case to the Procurator Fiscal; or
ii
the Procurator Fiscal intervenes in the investigation,
whichever is the sooner; or
c
appeal pursuant to section 24 of the 1974 Act (appeal against improvement or prohibition notice) and, in England and Wales, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 and, in Scotland, regulation 8(4)(b) of, and Schedule 4 to, the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 .
4
For the purposes of regulation 19 and paragraphs (3)(a) and (b) an installation shall be treated as being in England and Wales if it is in the English area within the meaning of article 1 of the Civil Jurisdiction (Offshore Activities) Order 1987 and in Scotland if it is in the Scottish area within the meaning of that article.
5
Any reference in regulations 19 to 21 to a person who has prepared a safety case includes a reference to a person who is required to prepare a safety case, and in that connection as if —
a
any reference in those regulations to the installation, railway infrastructure, station, train operation or network to which the safety case relates were a reference to the installation, railway infrastructure, station, train operation or network to which the safety case would have related if it had been prepared in accordance with such requirement; and
b
the reference in regulation 20(2) to a safety case which has been accepted by the Executive were a reference to a safety case which is required to be accepted by the Executive.
6
Any reference in regulations 19 and 20 to a person who has prepared a safety case includes a reference to a person who is treated as having prepared a safety case by virtue of (in the case of regulation 19) regulation 2(9) of the 1992 Regulations or (in the case of regulation 20) regulation 2(7) of the 2000 Regulations.
7
Any reference in regulations 19 to 21 to work carried out by a contractor is a reference to work carried out by the contractor or his employees for the benefit of the person by whom the fees are payable under that regulation, whether pursuant to an agreement or an arrangement he has made with that person or with another person.
8
Any reference in regulations 19 to 21 to a function conferred on an inspector by the 1974 Act which relates to enforcement against a person of any of the relevant statutory provisions includes a reference to any function conferred on an inspector by that Act which is exercised for the purpose of carrying into effect those provisions in relation to that person.
Fees for applications for approvals under the Health and Safety (First-Aid) Regulations 1981
23
1
A fee shall be payable by the applicant to the Executive on each application for an original approval of training or a renewal of an approval of training under regulation 3(2)(a) of the Health and Safety (First-Aid) Regulations 1981 .
2
The fee payable under paragraph (1) shall be —
a
in respect of an application for an original approval, that specified in column 1 of Part I of Schedule 19; and
b
in respect of an application for a renewal of an approval, that specified in column 3 of that Part.
3
Where, before an original approval of training is given, a shortcoming in the proposed training is identified by the Executive during a site-visit and an additional site-visit for the purpose of reassessment is required, the fee payable shall be that specified in column 2 of Part I of Schedule 19.
4
The fee referred to —
a
in paragraph (1) shall be payable on making the application for approval or renewal of an approval of training;
b
in paragraph (3) shall be payable prior to the notification of the result of the application for approval of training.
5
Where the Executive requires a site-visit to be made in connection with an approval mentioned in paragraph (1) in order to ascertain whether the standards in place when the original approval was given are being maintained, a fee shall be payable to the Executive by the provider of the approved training, except that no such fee shall be payable in respect of the first site-visit made after the original approval has been given.
6
The fee payable under paragraph (5) for such a site-visit shall be that specified in column 1 of Part II of Schedule 19 except where the site-visit is required to be carried out because a shortcoming in the training has been identified by the Executive during an earlier site-visit, when the fee shall be that specified in column 2 of that Part.
7
The fee referred to in paragraph (6) shall be payable within 30 days from the date of the invoice that the Executive has sent or given to the person providing the approved training.
Revocation
24
The Regulations referred to in column 1 of Schedule 20 are hereby revoked to the extent referred to in column 3 of that Schedule.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
19th July 2001


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No. 4) Order 2001 and shall come into force on 12th December 2001.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 12th December 2001.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Discretionary Housing Payments) Regulations 2001 and shall come into force on 2nd July 2001.
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 .
Disregard of discretionary housing payments
2
1
There shall be added as —
a
paragraph 73 of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings);
b
paragraph 74 of Schedule 4 to the Housing Benefit Regulations ;
c
paragraph 75 of Schedule 9 to the Income Support Regulations ;
d
paragraph 71 of Schedule 7 to the Jobseeker’s Allowance Regulations ,
the following paragraph —
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 .
.
2
There shall be added as —
a
sub-paragraph (f) in paragraph 8 of Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded);
b
sub-paragraph (e) in paragraph 8 of Schedule 5 to the Housing Benefit Regulations ;
c
sub-paragraph (d) in paragraph 7 of Schedule 10 to the Income Support Regulations ;
d
sub-paragraph (d) in paragraph 12 of Schedule 8 to the Jobseeker’s Allowance Regulations ,
the following sub-paragraph —
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001,
.
Further amendment of the Housing Benefit Regulations
3
In regulation 12A(1AA) of the Housing Benefit Regulations (requirement to refer to rent officers), the words “the day before” shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th June 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Minimum Wage Regulations 1999 (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st October 2001.
2
In these Regulations, “the principal regulations” means the National Minimum Wage Regulations 1999 .
Amendments to the principal regulations: rates
2
In regulation 11 of the principal regulations (the rate of the national minimum wage), for “£3.70” substitute “£4.10”.
3
In regulations 13 of the principal regulations (rate for workers who qualify for the national minimum wage at a different rate) —
a
in paragraph (1), for “£3.20” substitute “£3.50”, and
b
in paragraph (2), for “£3.20” substitute “£3.50”.
4
In regulation 36(1) of the principal regulations (amount permitted to be taken into account where living accommodation is provides) —
a
in sub-paragraph (a), (hourly amount), for “50p” substitute “57p”, and
b
in sub-paragraph (b), (daily amount, for “£2.85” substitute “£3.25”.
Further amendments to the principal regulations
5
1
In regulation 13(3) of the principal regulations (workers taking part in accredited training) —
a
for sub-paragraph (a) substitute —
a
training by means of a course which —
i
prepares students to obtain a vocational qualification which, immediately before 1st April 2001, was, or fell within a class, approved for the purposes of sub-paragraph (a) of Schedule 2 to the Further and Higher Education Act 1992 , or
ii
leads to an external qualification approved under section 98 or 99 of the Learning and Skills Act 2000 for the purposes of section 97 of that Act;
;
b
in sub-paragraph (c), for the words from “approved by the Secretary of State” to the end, substitute
which —
i
was, immediately before 1 April 2001, approved for the purposes of sub-paragraph (a) of Schedule 2 to the Further and Higher Education Act 1992, or
ii
is approved under section 98 or 99 of the Learning and Skills Act 2000 for the purposes of section 97 of that Act;
;
c
for sub-paragraph (e)(i) substitute —
i
in England and Wales, training by means of a course which —
a
prepares students to obtain a vocational qualification which, immediately before 1 April 2001, was, or fell within a class, approved for the purposes of sub-paragraph (a) of Schedule 2 to the Further and Higher Education Act 1992, or
b
leads to an external qualification approved under section 98 or 99 of the Learning and Skills Act 2000 for the purposes of section 97 of that Act,
.
2
In regulation 13(6) of the principal regulations (training in Northern Ireland) —
a
in paragraph (a), for the words from “qualification approved by the Secretary of State” to the end, substitute
qualification which —
i
was, immediately before 1st April 2001, approved for the purposes of sub-paragraph (a) of Schedule 2 to the Further and Higher Education Act 1992, or
ii
is approved under section 98 or 99 of the Learning and Skills Act 2000 for the purposes of section 97 of that Act;
;
b
in paragraph (c) for “for the time being” substitute “which was, immediately before 1st April 2001”.
Transitional provision
6
The amendments to the principal regulations made by regulations 2, 3, 4 and 5 do not apply in relation to any pay reference period (within the meaning assigned to that expression by regulation 10 of the principal regulations) beginning before 1st October 2001.
Alan Johnson
Minister of State for the Regions and Employment Relations,
Department of Trade and Industry
27th July 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (LETel Limited) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ashton, Leigh and Wigan Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 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 Ashton, Leigh and Wigan Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the Ashton, Leigh and Wigan Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
4 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Wigan and Bolton 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 Wigan and Bolton 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 Wrightington, Wigan and Leigh 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
20th October 2001