text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators Order 2000 and shall come into force on 20th April 2000.
2
In this Order —
“ the Act ” means the Local Government Act 1999;
“ DETR ” means the Department of the Environment, Transport and The Regions;
“fire authority” means —
a fire authority constituted by a combination scheme;
a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
The Council of the Isles of Scilly in its capacity as a fire authority; or
a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 .
“unitary council” means a district council, a county council or a London borough which is the sole principal council for its local government area;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ;
“user satisfaction indicators” means the performance indicators —
3 and 4 in Schedule 1 to this Order;
16 and 17 in Schedule 6 to this Order;
8 in Schedule 7 to this Order;
11 and 12 in Schedule 8 to this Order;
11 and 12 in Schedule 9 to this Order;
6 in Schedule 10 to this Order; and
6 and 7 in Schedule 11 to this Order;
“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 .
3
In this Order and for the purposes of interpreting user satisfaction indicators wherever they are specified, the definitions in paragraphs 1 to 10, under the heading “Details of Requirements” in Chapter 14 of Volume One of the DETR’s document entitled “Best Value and Audit Commission Performance Indicators for 2000/2001” apply .
4
In this Order a reference to a numbered indicator in a particular Schedule is to the indicator so numbered in column 1 of that Schedule which is described in column 2 of that Schedule and of which further details are given in column 3 of that Schedule.
Application
2
1
This order applies —
a
in relation to England, to all best value authorities;
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act.
General corporate health performance indicators
3
1
The performance of the best value authorities specified in paragraph (2) below in exercising all their functions shall be measured by reference to indicators 1 to 18 in Schedule 1 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
metropolitan district councils;
c
non-metropolitan district councils;
d
the Council of the Isles of Scilly;
e
London borough councils;
f
the Common Council of the City of London in its capacity as a local authority; and
g
unitary councils.
3
The performance of National Park authorities and the Broads authority in exercising all their functions shall be measured by reference to indicators 2, 5, 6, 9 and 13 to 18 in Schedule 1 to this Order.
4
The performance of fire authorities in exercising all their functions shall be measured by reference to indicators 2 to 6, 9, 13, 16 and 18 in Schedule 1 to this Order;
5
The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 in exercising all their functions shall be measured by reference to indicators 3 to 6 and 12 to 18 in Schedule 1 to this Order.
General police performance indicators
4
The performance of police authorities in exercising all their functions shall be measured by reference to indicators 1 to 14 in Schedule 2 to this Order.
Performance indicators for police services
5
The performance of police authorities in exercising their functions in relation to emergency services and non-emergency policing services shall be measured by reference to indicators 1 to 19 in Schedule 3 to this Order.
Performance indicators for education
6
1
The performance of the best value authorities specified in paragraph (2) below in exercising their education functions shall be measured by reference to indicators 1 to 27 in Schedule 4 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for social services
7
1
The performance of the best value authorities specified in paragraph (2) below in exercising their social services functions shall be measured by reference to indicators 1 to 11 in Schedule 5 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for housing and related services
8
1
The performance of the best value authorities specified in paragraph (2) below in exercising their functions in relation to housing and housing related services shall be measured by reference to indicators 1 to 17 in Schedule 6 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
3
For the purposes of the indicators specified by this article “dwelling” means a building or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household, including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation.
Performance indicators for housing benefit and council tax benefit
9
1
The performance of the best value authorities specified in paragraph (2) below in exercising their functions in relation to housing benefit and council tax benefit shall be measured by reference to indicators 1 to 8 in Schedule 7 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
Performance indicators for environmental services
10
1
The performance of waste disposal authorities in exercising all their functions shall be measured by reference to indicators 2, 3, 4, 5, 6, 9 and 12 in Schedule 8 to this Order.
2
The performance of waste collection authorities in exercising all their functions shall be measured by reference to indicators 2, 3, 6, 7, 8, 10, 11, 12 and 13 in Schedule 8 to this Order.
3
The performance of London borough councils, metropolitan district councils, non-metropolitan district councils and unitary authorities in exercising their functions under Part IV of the Environment Act 1995 in respect of air quality, shall be measured by reference to indicator 1 in Schedule 8 to this Order.
4
The performance of principal litter authorities in exercising their functions in respect of litter and refuse shall be measured by reference to indicators 7 and 11 in Schedule 8 to this Order.
5
In this article “principal litter authority” shall have the same meaning as in section 86(2) of the Environmental Protection Act 1990 .
Performance indicators for transport
11
1
The performance of the best value authorities specified in paragraph (2) below in exercising their transport functions shall be measured by reference to indicators 1 to 13 in Schedule 9 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan districts councils; and
f
unitary councils.
Performance indicators for planning
12
1
The performance of the best value authorities specified in paragraph (2) below in exercising their planning functions shall be measured by reference to indicators 1 to 7 in Schedule 10 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
the Broads authority;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
metropolitan district councils;
e
non-metropolitan district councils;
f
National Park authorities; and
g
unitary councils.
3
The performance of county councils which are not unitary councils in exercising their planning functions shall be measured by reference to indicators 2 to 7 in Schedule 10 to this Order but excluding item 7 of indicator 7 to that Schedule.
Performance indicators for cultural and related services
13
1
The performance of the best value authorities specified in paragraph (2) below in exercising their functions in relation to cultural and related services shall be measured by reference to indicators 1 to 7 in Schedule 11 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Performance indicators for fire services
14
The performance of fire authorities in exercising their functions in respect of the provision of fire services shall be measured by reference to indicators 1 to 11 in Schedule 12 to this Order.
Performance indicators for crime
15
1
The performance of the best value authorities specified in paragraph (2) below in exercising their functions in relation to crime reduction shall be measured by reference to indicators 1 to 3 in Schedule 13 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) above are —
a
county councils;
b
the Common Council of the City of London in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Signed by authority of the Secretary of State
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
29th March 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Harrow (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Harrow;
“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 of the Environment, Transport and the Regions marked “Map of the London Borough of Harrow (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Harrow
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas 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 three.
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.
Revocation
3
The London Borough of Harrow (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th February 2000


text:
Citation, commencement and extent
1
These Regulations may be cited as the Disabled Persons (Badges for Motor Vehicles) (England) (Amendment) Regulations 2000 and shall come into force on 1st July 2000.
Amendment of the Disabled Persons (Badges for Motor Vehicles) (England) Regulations 2000
2
The Disabled Persons (Badges for Motor Vehicles (England) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2 (interpretation)
3
Regulation 2 shall be amended as follows —
a
in paragraph (1) in the definition of “disabled person’s badge”, after “means” there shall be inserted “, subject to paragraph (1A),” and
b
after paragraph (1), there shall be inserted —
1A
For the purposes of regulations 12 to 16, the definition of “disabled person’s badge” in paragraph (1) shall include a badge issued under regulations having effect in Scotland or Wales under section 21 of the Chronically Sick and Disabled Persons Act 1970.
Amendment of regulation 4(2)(a) (descriptions of disabled persons)
4
Regulation 4 shall be amended as follows —
In paragraph (2)(a), for “1982” there shall be substituted “1992”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th June 2000


text:
1
This Order may be cited as the Greater London (Penalty Fares) (Croydon Tramlink Designation) Order 2000 and shall come into force on 3rd July 2000.
2
In this Order “Tramlink” has the same meaning as in section 2(1) of the Croydon Tramlink Act 1994 .
3
The Secretary of State hereby designates all services on Tramlink as services in relation to which paragraph 9 of Schedule 17 to the Greater London Authority Act 1999 is to apply.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Minister of State,
Department of the Environment, Transport and the Regions
24th May 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Decisions and Appeals) (Amendment) Regulations 2000 and, subject to paragraph (2), shall come into force in relation to a particular case on the date on which sections 16, 17 and 20 of the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 come into force in relation to that type of case.
2
For the purposes of any revision, supersession or appeal in relation to a decision which is made as provided in regulation 3 of the Child Support (Transitional Provisions) Regulations 2000 these Regulations shall come into force on the day on which section 29 of the Child Support, Pensions and Social Security Act 2000 comes fully into force.
3
In these Regulations “the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
4
In these Regulations any reference to a numbered regulation is to the regulation in the principal Regulations bearing that number and any reference to a numbered Part is to the Part of the principal Regulations bearing that number.
Amendment of regulation 1
2
In regulation 1(3) (citation, commencement and interpretation) —
a
after the definition of “the 1997 Act” there shall be inserted the following definition —
“the Arrears, Interest and Adjustment of Maintenance Assessments Regulations ” means the Child Support (Arrears, Interest and Adjustment of Maintenance Assessments) Regulations 1992 ;
;
b
after the definition of “legally qualified panel member” there shall be inserted the following definitions —
“the Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
;
c
in the definition of “party to the proceedings” in paragraph (b) the words “as extended by paragraph 3 of Schedule 4C to that Act” shall be omitted;
d
in the definition of “referral” for the words “departure direction ” there shall be substituted the word “variation”;
e
after the definition of “referral” there shall be inserted the following definition —
except where otherwise provided “relevant person” means —
a person with care;
a non-resident parent;
a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;
a child, where the application for a maintenance calculation is made by that child under section 7 of the Child Support Act,
in respect of whom a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of that Act, or is or has been in force;
; and
f
after the definition of “the Transfer Act” there shall be added the following definition —
“the Variations Regulations ” means the Child Support (Variations) Regulations 2000 .
.
Amendment of regulation 2
3
In regulation 2 (service of notices or documents) after the words “ of the Act” there shall be inserted the words “, of the Child Support Act”.
Amendment of the heading to Part II
4
In the heading to Part II after the words “SOCIAL SECURITY” there shall be added the words “AND CHILD SUPPORT”.
Insertion of regulation 3A
5
After regulation 3 (revision of decisions) there shall be inserted the following regulation —
Revision of child support decisions
3A
1
Subject to paragraph (2), any decision as defined in paragraph (3) may be revised under section 16 of the Child Support Act by the Secretary of State —
a
if he receives an application for the revision of a decision either —
i
under section 16; or
ii
by way of an application under section 28G,
of the Child Support Act, within one month of the date of notification of the decision or within such longer time as may be allowed under regulation 4;
b
if —
i
he notifies the person who applied for a decision to be revised within the period specified in sub-paragraph (a), that the application is unsuccessful because the Secretary of State is not in possession of all of the information or evidence needed to make a decision; and
ii
that person reapplies for the decision to be revised within one month of the notification described in head (i) above, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case, and provides in that application sufficient information or evidence to enable a decision to be made;
c
if he is satisfied that the decision was erroneous due to a misrepresentation of, or failure to disclose, a material fact and that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would have been but for that error;
d
if he commences action leading to the revision of the decision within one month of the date of notification of the decision; or
e
if the decision arose from an official error.
2
Paragraph (1)(a) to (d) shall not apply in respect of a change of circumstances which —
a
occurred since the date on which the decision had effect; or
b
according to information or evidence which the Secretary of State has, is expected to occur.
3
Subject to paragraph (7), in paragraphs (1) and (2) and in regulation 4(3) “decision” means a decision of the Secretary of State under sections 11, 12 or 46 of the Child Support Act, or a determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act.
4
A decision made under section 12(2) of the Child Support Act may be revised at any time before it is replaced by a decision under section 11 of that Act.
5
Where the Secretary of State revises a decision made under section 12(1) of the Child Support Act in accordance with section 16(1B) of that Act, that decision may be revised under section 16 of that Act at any time.
6
Section 16 of the Child Support Act shall apply in relation to any decision of the Secretary of State —
a
under section 41A or 47 of the Child Support Act; or
b
that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments,
as it applies in relation to any decision of the Secretary of State under sections 11, 12, 17 or 46 of that Act, or the determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act.
7
In paragraph (6)(b) and in regulations 6A(9), 6B(4)(d) and 30A “voluntary payments” means the same as in the definition in section 28J of the Child Support Act and Regulations made under that section.
.
Amendment of regulation 4
6
In regulation 4 (late application for a revision) —
a
in paragraph (1) after the words “in regulation 3(1) or (3)” there shall be inserted the words “or 3A(1)(a)”;
b
in paragraph (2) after the words “shall be made by” there shall be inserted the words “the relevant person,”;
c
in paragraph (4)(c) after the words “in regulation 3” there shall be inserted the words “or 3A”;
d
in paragraph (5) after the words “in regulation 3(1) and (3)” there shall be added the words “and regulation 3A(1)(a)”; and
e
in paragraph (6)(b) after the words “a Commissioner” there shall be inserted the words “, a Child Support Commissioner”.
Insertion of regulation 5A
7
After regulation 5 (date from which a decision revised under section 9 takes effect) there shall be inserted the following regulation —
Date from which a decision revised under section 16 of the Child Support Act takes effect
5A
1
Where the date from which a decision took effect is found to be erroneous on a revision under section 16 of the Child Support Act, the revision shall take effect from the date on which the decision revised would have taken effect had the error not been made.
2
Where the Secretary of State considers it appropriate to revise a decision under section 12(1) of the Child Support Act as if he were revising a decision under section 11 of that Act, the revision shall take effect from the first day of the maintenance period in which the information required to make a maintenance calculation was provided, except where —
a
the non-resident parent satisfies the Secretary of State —
i
that he used his best endeavours to obtain the information required by the Secretary of State; and
ii
the failure to provide the information was not his fault; or
b
the decision which is treated as being made under section 11 of the Child Support Act is at a higher rate than the rate of liability which had been imposed by the decision made under section 12(1) of that Act.
.
Insertion of regulations 6A and 6B
8
After regulation 6 (supersession of decisions) there shall be inserted the following regulations —
Supersession of child support decisions
6A
1
Subject to paragraphs (7) and (8), the cases and circumstances in which a decision (“a superseding decision”) may be made by the Secretary of State for the purposes of section 17 of the Child Support Act are set out in paragraphs (2) to (6).
2
A decision may be superseded by a decision made by the Secretary of State acting on his own initiative where —
a
there has been a relevant change of circumstances since the decision had effect; or
b
the decision was made in ignorance of, or was based upon a mistake as to, some material fact.
3
Subject to regulation 6B, a decision may be superseded by a decision made by the Secretary of State where —
a
an application is made on the basis that —
i
there has been a change of circumstances since the date from which the decision had effect; or
ii
it is expected that a change of circumstances will occur; and
b
the Secretary of State is satisfied that the change of circumstances is or would be relevant.
4
A decision may be superseded by a decision made by the Secretary of State where —
a
an application is made on the basis that the decision was made in ignorance of, or was based upon a mistake as to, a fact; and
b
the Secretary of State is satisfied that the fact is or would be material.
5
A decision, other than a decision made on appeal, may be superseded by a decision made by the Secretary of State —
a
acting on his own initiative, where he is satisfied that the decision was erroneous in point of law; or
b
where an application is made on the basis that the decision was erroneous in point of law.
6
A decision may be superseded by a decision made by the Secretary of State where he receives an application for the supersession of a decision by way of an application made under section 28G of the Child Support Act.
7
The cases and circumstances in which a decision may be superseded shall not include any case or circumstance in which a decision may be revised.
8
Paragraphs (2) to (6) shall not apply in respect of a decision to refuse an application for a maintenance calculation.
9
For the purposes of section 17 of the Child Support Act, paragraphs (2) to (6) shall apply in relation to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, whether as originally made or as revised under section 16 of that Act.
Circumstances in which a child support decision may not be superseded
6B
1
Except as provided in paragraph (4), and subject to paragraph (3), a decision of the Secretary of State, appeal tribunal or Child Support Commissioner, on an application made under regulation 6A(3), shall not be superseded where the difference between —
a
the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act; and
b
the non-resident parent’s net income figure which would be fixed in accordance with a superseding decision,
is less than 5% of the figure in sub-paragraph (a).
2
In paragraph (1) “superseding decision” means a decision which would supersede the decision subject to the application made under regulation 6A(3) but for the application of this regulation.
3
Where the application for a supersession is made on more than one ground this regulation shall only apply to the ground relating to the net income of the non-resident parent.
4
This regulation shall not apply to a decision under regulation 6A(3) where —
a
the superseding decision is made in consequence of the determination of an application made under section 28G of the Child Support Act;
b
the superseding decision affects a variation ground in a decision made under section 11 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act;
c
the decision being superseded was made under section 12(2) of the Child Support Act, or was a decision under section 17 of that Act superseding an interim maintenance decision, whether as originally made or as revised under section 16 of that Act;
d
the decision being superseded was a decision that an adjustment shall cease or with respect to the adjustment of amounts payable under maintenance calculations for the purpose of taking account of overpayments of child support maintenance and voluntary payments or was a decision under section 17 of the Child Support Act superseding that decision, whether as originally made or as revised under section 16 of that Act; or
e
the superseding decision takes effect from the dates prescribed in regulation 7B(1) to (3), (19) or (20).
.
Insertion of regulations 7B and 7C
9
After regulation 7A (definitions for the purposes of regulations 3(5)(c), 6(2)(g), 7(2)(c) and (5) and ancillary provisions) there shall be inserted the following regulations —
Date from which a decision superseded under section 17 of the Child Support Act takes effect
7B
1
Subject to paragraphs (17) to (22), where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) applies on the basis of information or evidence which was also the basis of a decision made under section 8, 9 or 10 of the Act, the decision under section 17 of the Child Support Act shall take effect from the first day of the maintenance period in which that information or evidence was first brought to the attention of an officer exercising the functions of the Secretary of State under the Child Support Act (“the officer”).
2
Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(3)(a) applies and the relevant circumstance is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which —
a
the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or
b
entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.
3
Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(4) applies and the material fact is that the non-resident parent or his partner has notified the officer that he or his partner had made a claim for a relevant benefit before the Secretary of State notified him of an application for a maintenance calculation in accordance with regulation 5 of the Maintenance Calculation Procedure Regulations (notice of an application for a maintenance calculation) and, where the relevant benefit is payable, that the officer was notified within one month of notification of the award, the decision shall take effect from the first day of the maintenance period in which —
a
the non-resident parent or his partner notified the officer that he or his partner had made a claim for a relevant benefit, where entitlement to that benefit commences on or before the date of notification; or
b
entitlement to the relevant benefit commences, where that entitlement commenced after the date of notification.
4
Subject to paragraphs (17) to (22), where the superseding decision is made in a case to which regulation 6A(3)(a)(i) applies and that decision supersedes one which has been made under section 12(2) of the Child Support Act, the decision shall take effect from the first day of the maintenance period in which the change of circumstances occurred.
5
Where the superseding decision is made in a case to which regulation 6A(3)(a)(ii) applies, the decision shall take effect from the first day of the maintenance period in which the change of circumstances is expected to occur.
6
Where the superseding decision is made in a case to which regulation 6A(6) applies and the relevant circumstance is that a ground for a variation is expected to occur, the decision shall take effect from the first day of the maintenance period in which the ground for the variation is expected to occur.
7
Except in a case to which paragraph (1) applies, where the superseding decision is made in a case to which regulation 7C applies, that decision shall take effect from the first day of the maintenance period which includes the date which is 28 days after the date on which the Secretary of State gave notice to the relevant persons under that regulation.
8
For the purposes of paragraph (7) —
a
where the relevant persons are notified on different dates, the period of 28 days shall be counted from the date of the latest notification;
b
notification includes oral and written notification;
c
where a person is notified in more than one way, the date on which he is notified is the date on which he was first given notification; and
d
the date of written notification is the date on which it was given or sent to the person.
9
Where —
a
a decision made by an appeal tribunal or by a Child Support Commissioner is superseded on the ground that it was erroneous due to a misrepresentation of, or that there was a failure to disclose, a material fact; and
b
the Secretary of State is satisfied that the decision was more advantageous to the person who misrepresented or failed to disclose that fact than it would otherwise have been but for that error,
the superseding decision shall take effect from the date on which the decision of the appeal tribunal or, as the case may be, the Child Support Commissioner took, or was to take, effect.
10
Any decision made under section 17 of the Child Support Act in consequence of a determination which is a relevant determination for the purposes of section 28ZC of that Act shall take effect from the date of the relevant determination.
11
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(a) of the Maintenance Calculation Procedure Regulations (termination of a reduced benefit decision), the superseding decision shall have effect —
a
where the decision is in operation immediately before it ceases to be in force, from the last day of the benefit week during the course of which the parent concerned falls within the provisions of section 46(1) of the Child Support Act; or
b
where the decision is suspended immediately before it ceases to be in force, from the date on which the parent concerned falls within the provisions of section 46(1) of that Act.
12
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(b) of the Maintenance Calculation Procedure Regulations, the superseding decision shall have effect —
a
where the decision is in operation immediately before it ceases to be in force, from the last day of the benefit week during the course of which the parent concerned complied with the obligations imposed by section 46(6)(b) of the Child Support Act; or
b
where the decision is suspended immediately before it ceases to be in force, from the date on which the parent concerned complied with the obligations imposed by section 46(6)(b) of the Child Support Act.
13
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(c) of the Maintenance Calculation Procedure Regulations, the superseding decision shall have effect from the last day of the benefit week in which entitlement to benefit ceased.
14
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 16(d) of the Maintenance Calculation Procedure Regulations, the superseding decision shall have effect —
a
where the decision is in operation immediately before it ceases to be in force, from the last day of the benefit week during the course of which the Secretary of State is supplied with information that enables him to make the calculation; or
b
where the decision is suspended immediately before it ceases to be in force, from the date on which the Secretary of State is supplied with information that enables him to make the calculation.
15
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 17(1) of the Maintenance Calculation Procedure Regulations (reduced benefit decisions where there is an additional qualifying child), the superseding decision shall have effect from —
a
the last day of the benefit week preceding the benefit week which includes, in accordance with the provisions of regulation 11(3) of the Maintenance Calculation Procedure Regulations (amount of and period of reduction of relevant benefit under a reduced benefit decision), the first day on which the further decision comes into operation; or
b
the first day on which the further decision would come into operation but for the provisions of regulation 14 of the Maintenance Calculation Procedure Regulations (suspension of a reduced benefit decision when a modified applicable amount is payable (income support)) or 15 (suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker’s allowance)) of those Regulations.
16
Where a decision with respect to a reduced benefit decision is superseded because the decision ceases to be in force in accordance with regulation 18(2) of the Maintenance Calculation Procedure Regulations (suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care), the superseding decision shall have effect from the last day of the benefit week which includes the day on which the child ceases to be a child within the meaning of section 55 of the Child Support Act as supplemented by Schedule 1 to those Regulations, or the parent ceases to be the person with care.
17
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect from the first day of the maintenance period in which the change occurred.
18
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the non-resident parent, person with care or the qualifying child has moved out of the jurisdiction, the decision shall take effect from the first day of the maintenance period in which the non-resident parent, person with care or qualifying child leaves the jurisdiction and jurisdiction is within the meaning of section 44 of the Child Support Act.
19
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that the maintenance calculation has been made in response to an application which is treated as made under section 6 of the Child Support Act and —
a
the person on whose application the calculation was made (“the applicant ”) asks the Secretary of State to cease acting; and
b
the Secretary of State is satisfied that the applicant has ceased to fall within section 6(1) of that Act,
the decision shall take effect from the first day of the maintenance period after the applicant asks the Secretary of State to cease acting.
20
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that both the non-resident parent and the person with care with respect to whom a maintenance calculation was made request the Secretary of State to decide that the maintenance calculation shall cease and he is satisfied that they are living together, the decision shall take effect from the first day of the maintenance period in which the later of the two requests was made.
21
Where a superseding decision is made in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that —
a
an application for a maintenance calculation is made under section 4 or 7 of the Child Support Act, or treated as made under section 6(3) of that Act, in respect of a non-resident parent; and
b
before the decision as to a maintenance calculation is made at least one other maintenance calculation is in force with respect to the same non-resident parent but to a different person with care and a different child,
the effective date of the maintenance calculation made in respect of the application shall be a date which is not later than 7 days after the date of notification to the non-resident parent and which is the day on which a maintenance period in respect of the maintenance calculation in force begins.
22
Where a superseding decision is made in a case to which regulation 6A(3) applies and in relation to that decision a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Child Support Act applies, the effective date of the calculation or calculations shall be the beginning of the maintenance period in which the change of circumstance to which the calculation or calculations relates occurred or is expected to occur and where that change occurred before the date of the application for the supersession and was notified after that date, the date of that application.
23
In this regulation —
“benefit week” in relation to income support has the same meaning as in regulation 2(1) of the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“partner” has the same meaning as in regulation 2 of the Income Support Regulations; and
“relevant benefit” means a benefit which is prescribed in regulation 4 of the Maintenance Calculations and Special Cases Regulations for the purposes of paragraph 4(1)(b) of Part I of Schedule 1 to the Child Support Act, and child benefit as referred to in paragraph 10C(2)(a) of Part I of Schedule 1 to that Act.
Procedure where the Secretary of State proposes to supersede a decision under section 17 of the Child Support Act on his own initiative
7C
Where the Secretary of State on his own initiative proposes to make a decision superseding a decision he shall notify the relevant persons who could be materially affected by the decision of that intention.
.
Insertion of regulations 15A, 15B, 15C and 15D
10
After regulation 15 (jobseeker’s allowance determinations on incomplete evidence) there shall be inserted the following regulations —
Provision of information
15A
1
Where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, he may request further information or evidence from the applicant to enable a decision on that application to be made and any such information or evidence shall be provided within one month of the date of notification of the request, or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case.
2
Where any information or evidence requested in accordance with paragraph (1) is not provided within the time limit specified in that paragraph, the Secretary of State may, where he is able to do so, proceed to make the decision in the absence of that information or evidence.
Procedure in relation to an application made under section 16 or 17 of the Child Support Act in connection with a previously determined variation
15B
1
Subject to paragraph (3), where the Secretary of State has received an application under section 16 or 17 of the Child Support Act in connection with a previously determined variation which has effect on the maintenance calculation in force, he —
a
shall give notice of the application to the relevant persons, other than the applicant, informing them of the grounds on which the application has been made and any relevant information or evidence the applicant has given, except information or evidence falling within paragraph (2);
b
may invite representations, which need not be in writing but shall be in writing if in any case he so directs, from the relevant persons other than the applicant on any matter relating to that application, to be submitted to the Secretary of State within 14 days of notification or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and
c
shall set out the provisions of paragraphs (2)(b) and (c), (4) and (5) in relation to such representations.
2
The information or evidence referred to in paragraphs (1)(a), (4)(a) and (7), is —
a
details of the nature of the long-term illness or disability of the relevant other child which forms the basis of a variation application on the ground in regulation 11of the Variations Regulations (special expenses — illness or disability of relevant other child) where the applicant requests they should not be disclosed and the Secretary of State is satisfied that disclosure is not necessary in order to be able to determine the application;
b
medical evidence or medical advice which has not been disclosed to the applicant or a relevant person and which the Secretary of State considers would be harmful to the health of the applicant or that relevant person if disclosed to him;
c
the address of a relevant person or qualifying child, or any other information which could reasonably be expected to lead to that person or child being located, where the Secretary of State considers that there would be a risk of harm or undue distress to that person or that child or any other children living with that person if the address or information were disclosed.
3
The Secretary of State need not act in accordance with paragraph (1) if —
a
he is satisfied on the information or evidence available to him, that he will not agree to a variation of the maintenance calculation in force, but if, on further consideration he is minded to do so he shall, before doing so, comply with the provisions of this regulation; and
b
were the application to succeed, the decision as revised or superseded would be less advantageous to the applicant than the decision before it was so revised or superseded.
4
Where the Secretary of State receives representations from the relevant persons he —
a
may, if he considers it reasonable to do so, send a copy of the representations concerned (excluding material falling within paragraph (2) above) to the applicant and invite any comments he may have within 14 days or such longer period as the Secretary of State is satisfied is reasonable in the circumstances of the case; and
b
where the Secretary of State acts under sub-paragraph (a), shall not proceed to make a decision in response to the application until he has received such comments or the period referred to in sub-paragraph (a) has expired.
5
Where the Secretary of State has not received representations from the relevant persons notified in accordance with paragraph (1) within the time limit specified in sub-paragraph (b) of that paragraph, he may proceed to make a decision under section 16 or 17 of the Child Support Act in response to the application, in their absence.
6
In considering an application for a revision or supersession the Secretary of State shall take into account any representations received at the date upon which he makes a decision under section 16 or 17 of the Child Support Act, from the relevant persons including any representations received in connection with the application in accordance with paragraphs (1)(b), (4)(a) and (7).
7
Where any information or evidence requested by the Secretary of State under regulation 15A is received after notification has been given under paragraph (1), he may, if he considers it reasonable to do so and except where such information or evidence falls within paragraph (2), send a copy of such information or evidence to the relevant persons and may invite them to submit representations, which need not be in writing unless the Secretary of State so directs in any particular case, on that information or evidence.
8
Where the Secretary of State is considering making a decision under section 16 or 17 of the Child Support Act in accordance with this regulation, he shall apply the factors to be taken into account for the purposes of section 28F of the Child Support Act set out in regulation 21 of the Variations Regulations (factors to be taken into account and not to be taken into account) as factors to be taken into account and not to be taken into account when considering making a decision under this regulation.
9
In this regulation “relevant person” means —
a
a non-resident parent, or a person treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations (persons treated as non-resident parents), whose liability to pay child support maintenance may be affected by any variation agreed;
b
a person with care, or a child to whom section 7 of the Child Support Act applies, where the amount of child support maintenance payable by virtue of a calculation relevant to that person with care or in respect of that child may be affected by any variation agreed.
Notification of a decision made under section 16 or 17 of the Child Support Act
15C
1
Subject to paragraphs (2) and (5) to (11), a notification of a decision made following the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, shall set out, in relation to the decision in question —
a
the effective date of the maintenance calculation;
b
where relevant, the non-resident parent’s net weekly income;
c
the number of qualifying children;
d
the number of relevant other children;
e
the weekly rate;
f
the amounts calculated in accordance with Part I of Schedule 1 to the Child Support Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Variations Regulations;
g
where the weekly rate is adjusted by apportionment or shared care or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Child Support Act; and
h
where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority) or 11 (non-resident parent liable to pay maintenance under a maintenance order) of those Regulations, the adjustment calculated in accordance with that regulation.
2
A notification of a revision or supersession of a maintenance calculation made under section 12(1) of the Child Support Act shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based and whether any apportionment has been applied under regulation 7 of the Maintenance Calculation Procedure Regulations (default rate) and shall state the nature of the information required to enable a decision under section 11 of that Act to be made by way of section 16 of that Act.
3
Except where a person gives written permission to the Secretary of State that the information in relation to him, mentioned in sub-paragraphs (a) and (b), may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain —
a
the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the Secretary of State under the Child Support Act) or any other information the use of which could reasonably be expected to lead to any such person being located;
b
any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.
4
Where a decision as to the revision or supersession of a decision made under section 11, 12 or 17 of the Child Support Act, whether as originally made or as revised under section 16 of that Act, is made under section 16 or 17 of that Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of that Act.
5
Where the Secretary of State makes a decision that a maintenance calculation shall cease to have effect —
a
he shall immediately notify the non-resident parent and person with care, so far as that is reasonably practicable;
b
where a decision has been superseded in a case where a child under section 7 of the Child Support Act ceases to be a child for the purposes of that Act, he shall immediately notify the persons in sub-paragraph (a) and the other qualifying children within the meaning of section 7 of that Act; and
c
any notice under sub-paragraphs (a) and (b) shall specify the date with effect from which that decision took effect.
6
Where the Secretary of State, under the provisions of section 16 or 17 of the Child Support Act, has made a decision that an adjustment shall cease, or adjusted the amount payable under a maintenance calculation, he shall immediately notify the relevant persons, so far as that is reasonably practicable, that the adjustment has ceased or of the amount and period of the adjustment, and the amount payable during the period of the adjustment.
7
Where the Secretary of State has made a decision under section 16 of the Child Support Act, revising a decision under section 41A or 47 of that Act, he shall immediately notify the relevant persons so far as that is reasonably practicable, of the amount of child support maintenance payable, the amount of arrears, the amount of the penalty payment or fees to be paid, as the case may be, the method of payment and the day by which payment is to be made.
8
Where the non-resident parent appeals against a decision made by the Secretary of State under section 41A or 47 of the Child Support Act and the Secretary of State makes a decision under section 16 of that Act, before the appeal is decided he shall notify the relevant persons, so far as that is reasonably practicable of either the new amount of the penalty payment or the fee to be paid or that the amount is no longer payable, the method of payment and the day by which payment is to be made.
9
Paragraphs (1) to (3) shall not apply where the Secretary of State has decided not to supersede a decision under section 17 of the Child Support Act, and he shall, so far as that is reasonably practicable, notify the relevant persons of that decision.
10
A notification under paragraphs (6) to (9) shall include information as to the provisions of sections 16, 17 and 20 of the Child Support Act.
11
Where paragraph (9) applies, and the Secretary of State decides not to supersede under regulation 6B, he shall notify the relevant person, in relation to the decision in question of —
a
the fact that regulation 6B applies to the decision;
b
the non-resident parent’s net income figure fixed for the purposes of the maintenance calculation in force in accordance with Part I of Schedule 1 to the Child Support Act;
c
the non-resident parent’s net income figure provided by that parent to the Secretary of State with the application for supersession under regulation 6A(3);
d
the decision of the Secretary of State not to supersede; and
e
the right to appeal against the decision under section 20 of the Child Support Act.
12
Where an appeal lapses in accordance with section 16(6) or 28F(5) of the Child Support Act, the Secretary of State shall, so far as that is reasonably practicable, notify the relevant persons that the appeal has lapsed.
Procedure in relation to the adjustment of the amount payable under a maintenance calculation
15D
1
Where the Secretary of State has adjusted the amount payable under a maintenance calculation under the provisions of regulation 10(1) and (3A) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations and that maintenance calculation is subsequently replaced by a fresh maintenance calculation made by virtue of a revision under section 16 of the Child Support Act or of a decision under section 17 of that Act superseding an earlier decision, that adjustment shall, subject to paragraph (2), continue to apply to the amount payable under that fresh maintenance calculation unless the Secretary of State is satisfied that such adjustment would not be appropriate in all the circumstances of the case.
2
Where the Secretary of State is satisfied that the adjustment referred to in paragraph (1) would not be appropriate, he may make a decision under section 17 of the Child Support Act, superseding an earlier decision making an adjustment, and —
a
the adjustment shall cease; or
b
he may adjust the amount payable under that fresh maintenance calculation,
as he sees fit, having regard to the matters specified in regulation 10(1)(b)(i) to (iii) of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations.
.
Amendment of regulation 30
11
In regulation 30 (appeal against a decision which has been revised) —
a
in the heading after the words “which has been” there shall be inserted the words “replaced or”;
b
in paragraph (1) —
i
for the words “is revised under section 16 of the Child Support Act ” there shall be substituted the words “is treated as replaced by a decision under section 11 of the Child Support Act by section 28F(5) of that Act, or is revised under section 16 of that Act”;
ii
after the words “and the decision as” there shall be inserted the words “replaced or”; and
iii
after the words “before it was” there shall be inserted the words “ replaced or”;
c
in paragraph (3) —
i
for the words “revised under section 16 of the Child Support Act” there shall be substituted “replaced under section 28F(5) of the Child Support Act or revised under section 16 of that Act”;
ii
after the words “before it was” there shall be inserted the words “ replaced or”; and
iii
after the words “against the decision as” there shall be inserted the words “replaced or”;
d
in paragraph (4) after the words “notification of the decision as” there shall be inserted the words “replaced or”; and
e
in paragraph (5) after the words “decision before it was” there shall be inserted the words “replaced or”.
Insertion of regulation 30A
12
After regulation 30 there shall be inserted the following regulation —
Appeals to appeal tribunals in child support cases
30A
Section 20 of the Child Support Act shall apply to any decision of the Secretary of State that an adjustment shall cease or with respect to the adjustment of amounts payable under a maintenance calculation for the purpose of taking account of overpayments of child support maintenance and voluntary payments, or a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.
.
Substitution of regulation 45
13
For regulation 45 (consideration of more than one appeal under section 20 of the Child Support Act) there shall be substituted the following regulation —
Procedure following a referral under section 28D(1)(b) of the Child Support Act
45
1
On a referral under section 28D(1)(b) of the Child Support Act an appeal tribunal may —
a
consider two or more applications for a variation with respect to the same application for a maintenance calculation together; or
b
consider two or more applications for a variation with respect to the same maintenance calculation together.
2
In this regulation “maintenance calculation” means a decision under section 11 or 17 of the Child Support Act, as calculated in accordance with Part I of Schedule 1 to that Act, whether as originally made or as revised under section 16 of that Act.
.
Revocation and savings
14
1
Subject to paragraph (2), regulations 10(2) and (3) and 11 to 17 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations are hereby revoked.
2
Where on the commencement date —
a
an appeal has not been decided;
b
the time limit for lodging an appeal has not expired;
c
the time limit for making an application for the revision of a decision has not expired; or
d
an application for a supersession of a decision has not been decided,
the provisions in regulations 10(2) and (3) and 11 to 17 of the Arrears, Interest and Adjustment of Maintenance Assessments Regulations shall continue to apply for the purposes of —
i
the decision of the appeal tribunal referred to in sub-paragraph (a);
ii
the ability to lodge the appeal referred to in sub-paragraph (b) and the decision of the appeal tribunal following the lodging of that appeal;
iii
the ability to apply for the revision referred to in sub-paragraph (c) and the decision whether to revise following any such application; or
iv
the decision whether to supersede following the application referred to in sub-paragraph (d).
3
Where on or after the commencement date an adjustment falls to be made in relation to a maintenance assessment, these Regulations shall not apply for the purposes of making the adjustment.
4
In this regulation —
“commencement date” means, with respect to a particular case, the date on which these Regulations come into force with respect to that type of case;
“ former Act ” means the Child Support Act before its amendment by the Child Support, Pensions and Social Security Act 2000; and
“maintenance assessment” has the meaning given in the former Act.
15
1
Where —
a
before the commencement date —
i
an application was made and not determined for a departure direction or a revision or supersession of a decision in respect of a departure direction;
ii
the Secretary of State had initiated but not completed a revision or supersession of a decision in respect of a departure direction; or
iii
any appeal was lodged in respect of a departure direction decision which, on the commencement date, had not been decided; or
b
on the commencement date any time limit provided for in Regulations for making an application for a departure direction, or revision or, for making an appeal in respect of a departure direction decision, had not expired,
regulation 13 shall not apply for the purposes of any appeal —
aa
made in consequence of the decision on the application, revision or supersession referred to in paragraph (1)(a)(i);
bb
made in consequence of the revision or supersession referred to in paragraph (1)(a)(ii);
cc
referred to in paragraph (1)(a)(iii); or
dd
made within the time limit referred to in paragraph (1)(b) or made in consequence of a decision made on an application for a departure direction or revision made within the time limit referred to in that paragraph.
2
In this regulation “commencement date” has the same meaning as in regulation 14.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
4th December 2000


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the National Health Service Supplies Authority (Establishment and Constitution) Amendment Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“ the Authority ” means the National Health Service Supplies Authority;
“ the Order ” means the National Health Service Supplies Authority (Establishment and Constitution) Order 1991 .
3
This order extends to England and Wales.
Change of name of the Authority
2
The Authority shall be called the National Health Service Logistics Authority instead of the National Health Service Supplies Authority and, accordingly, in article 2 of the Order for the word “Supplies” there is substituted the word “Logistics”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the Authority by its previous name; and all instruments and other documents which refer to the Authority under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
7th March 2000


text:
Citation and commencement
1
This Order may be cited as the Data Protection (Subject Access Modification) (Education) Order 2000 and shall come into force on 1st March 2000.
Interpretation
2
In this Order —
“the Act” means the Data Protection Act 1998;
“education authority” in article 6 has the same meaning as in paragraph 6 of Schedule 11 to the Act;
“Principal Reporter” means the Principal Reporter appointed under section 127 of the Local Government etc. (Scotland) Act 1994 or any officer of the Scottish Children’s Reporter Administration to whom there is delegated under section 131(1) of that Act any function of the Principal Reporter;
“request” means a request made under section 7; and
“section 7” means section 7 of the Act.
Personal data to which the Order applies
3
1
Subject to paragraph (2), this Order applies to personal data consisting of information constituting an educational record as defined in paragraph 1 of Schedule 11 to the Act.
2
This Order does not apply —
a
to any data consisting of information as to the physical or mental health or condition of the data subject to which the Data Protection (Subject Access Modification) (Health) Order 2000 applies; or
b
to any data which are exempted from section 7 by an order made under section 38(1) of the Act.
Exemption from the subject information provisions
4
1
Personal data falling within paragraph (2) and to which this Order applies are exempt from the subject information provisions.
2
This paragraph applies to personal data processed by a court and consisting of information supplied in a report or other evidence given to the court in the course of proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1992 , the Magistrates' Courts (Criminal Justice (Children)) Rules (Northern Ireland) 1999 , the Act of Sederunt (Child Care and Maintenance Rules) 1997 or the Children’s Hearings (Scotland) Rules 1996 apply where, in accordance with a provision of any of those Rules, the information may be withheld by the court in whole or in part from the data subject.
Exemptions from section 7
5
1
Personal data to which this Order applies are exempt from section 7 in any case to the extent to which the application of that section would be likely to cause serious harm to the physical or mental health or condition of the data subject or any other person.
2
In circumstances where the exemption in paragraph (1) does not apply, where any person falling within paragraph (3) is enabled by or under any enactment or rule of law to make a request on behalf of a data subject and has made such a request, personal data consisting of information as to whether the data subject is or has been the subject of or may be at risk of child abuse are exempt from section 7 in any case to the extent to which the application of that section would not be in the best interests of that data subject.
3
A person falls within this paragraph if —
a
the data subject is a child, and that person has parental responsibility for that data subject; or
b
the data subject is incapable of managing his own affairs and that person has been appointed by a court to manage those affairs.
4
For the purposes of paragraph (2), “child abuse” includes physical injury (other than accidental injury) to, and physical and emotional neglect, ill-treatment and sexual abuse of, a child.
5
Paragraph (2) shall not apply in Scotland.
Modification of section 7 relating to Principal Reporter
6
Where in Scotland a data controller who is an education authority receives a request relating to information constituting data to which this Order applies and which the education authority believes to have originated from or to have been supplied by or on behalf of the Principal Reporter acting in pursuance of his statutory duties, other than information which the data subject is entitled to receive from the Principal Reporter, section 7 shall be modified so that —
a
the data controller shall, within fourteen days of the relevant day (as defined by section 7(10) of the Act), inform the Principal Reporter that a request has been made; and
b
the data controller shall not communicate information to the data subject pursuant to that section unless the Principal Reporter has informed that data controller that, in his opinion, the exemption specified in article 5(1) does not apply with respect to the information.
Further modifications of section 7
7
1
In relation to data to which this Order applies —
a
section 7(4) of the Act shall have effect as if there were inserted after paragraph (b) of that subsection
or
c
the other individual is a relevant person
;
b
section 7(9) shall have effect as if —
i
there was substituted —
9
If a court is satisfied on the application of —
a
any person who has made a request under the foregoing provisions of this section, or
b
any person to whom serious harm to his physical or mental health or condition would be likely to be caused by compliance with any such request in contravention of those provisions,
that the data controller in question is about to comply with or has failed to comply with the request in contravention of those provisions, the court may order him not to comply or, as the case may be, to comply with the request.
; and
ii
the reference to a contravention of the foregoing provisions of that section included a reference to a contravention of the provisions contained in this Order.
2
After section 7(ii) of the Act insert —
12
A person is a relevant person for the purposes of subsection (4)(c) if he —
a
is a person referred to in paragraph 4(a) or (b) or paragraph 8(a) or (b) of Schedule 11;
b
is employed by an education authority (within the meaning of paragraph 6 of Schedule 11) in pursuance of its functions relating to education and the information relates to him, or he supplied the information in his capacity as such an employee; or
c
is the person making the request.
.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
17th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2000 and shall come into force on 21st August 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Individual Savings Account Regulations 1998 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2(1)(a) (Interpretation) after the definition of an “ account manager” there shall be inserted —
“approved employee share ownership plan”, “participant”, “ plan shares” and (in relation to plan shares) “ceasing to be subject to the plan” shall have the meanings given in Schedule 8 to the Finance Act 2000 , except that, in construing “plan shares”, paragraph 115(8), and the words “or securities or rights” in paragraph 116(1), of that Schedule, shall be omitted;
.
4
1
Regulation 7 (Qualifying investments for a stocks and shares component) shall be amended as follows.
2
In paragraph (2)(h) for the words from “, shares” to “profit-sharing scheme,” there shall be substituted —
—
i
shares which the qualifying individual has exercised the right to acquire in accordance with the provisions of a savings-related share option scheme,
ii
shares which have been appropriated to the qualifying individual in accordance with the provisions of an approved profit sharing scheme, or
iii
plan shares of an approved employee share ownership plan which cease to be subject to the plan but have remained in the beneficial ownership of the participant,
.
3
In paragraph (10) —
a
after sub-paragraph (b) the following sub-paragraph shall be inserted —
ba
in relation to plan shares mentioned in paragraph (2)(h)(iii), that the shares are transferred to the account manager or his nominee before the expiry of the period of 90 days following the date when the plan shares ceased to be subject to the plan;
;
b
in sub-paragraph (c) for “(a) or (b)” there shall be substituted “ (a), (b) or (ba)”.
5
1
Regulation 34(2)(a) (Capital gains tax — adaptation of enactments) shall be amended as follows.
2
In subsection (12)(b) treated as added to section 106A of the Taxation of Chargeable Gains Act 1992 —
a
for “(10)(a) or (b)” there shall be substituted “(10)(a), (b) or (ba)”;
b
in paragraph (b)(i) for “7(2)(h)” there shall be substituted “ 7(2)(h)(i)”;
c
in paragraph (b)(ii) for “7(2)(h)” there shall be substituted “ 7(2)(h)(ii)”; and
d
for the word “and” which follows paragraph (b)(ii) there shall be substituted —
or
iii
in the case of securities which were plan shares of an approved employee share ownership plan before being transferred in the circumstances specified in regulation 7(2)(h)(iii) and (10)(ba), from the date when the securities ceased to be subject to the plan, and
.
3
In the subsection (13) treated as added to section 106A of the Taxation of Chargeable Gains Act 1992, after paragraph (b) there shall be added —
c
“approved employee share ownership plan”, “plan shares” and (in relation to securities which are plan shares) “ceasing to be subject to the plan” have the meanings given in Schedule 8 to the Finance Act 2000, except that, in construing “plan shares”, paragraph 115(8), and the words “ or securities or rights” in paragraph 116(1), of that Schedule shall be omitted.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 5) Order 2000 and shall come into force on 24th January 2001.
2
In this Order —
“ the Act ” means the European Communities Act 1972, and
“regulations” means regulations made pursuant to section 2(2) of the European Communities Act 1972.
Designation of Ministers or Departments
2
1
For the purposes of section 2(2) of the Act, the Ministers or government departments specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister or government department is designated by this Order in relation to any matter, for which any Minister or government department has been designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
3
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocations
3
Schedule 2 (which contains revocations of previous designations) has effect.
A. K. Galloway
Clerk of the Privy Council


text:
PART I
PRELIMINARY
Citation, commencement and extent
1
This Order, which extends to England only, may be cited as the Electricity Supply Industry (Rateable Values) (England) Order 2000 and shall come into force —
a
for all purposes other than those of article 11, on the day after the day on which it is made; and
b
for the purposes of article 11, on 1st April 2000.
Interpretation and application
2
1
In this Order —
“ the Act ” means the Local Government Finance Act 1988; and
“year” means a chargeable financial year.
2
This Order applies for the purposes of non-domestic rating lists compiled on 1st April 2000.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
if the fraction would exceed 50p it shall be made up to one pound;
b
if the fraction would be 50p or less it shall be ignored.
PART II
ELECTRICITY GENERATION
Interpretation of Part II
4
In this Part —
“declared net capacity”, in relation to generating plant, means the highest generation of electricity at the generator terminals which can be maintained indefinitely without causing damage to the plant, less so much of that generation as is consumed by the plant, expressed in megawatts to the nearest one hundredth part of a megawatt and calculated on the following assumption:
in relation to generating plant the sole or primary source of energy for which is wind power, that the wind speed is sufficient to power the generating plant at its highest generation of electricity;
in relation to generating plant the sole or primary source of energy for which is water power, that the water flow is sufficient to power the generating plant at its highest generation of electricity; and
in any other case, that —
the temperature of the water (if any) entering the cooling system is —
19 degrees Celsius, where the water is circulated on the hereditament for re-use in the cooling system, or
10 degrees Celsius in any other case, and
in so far as they affect the generating plant —
the air temperature is 10 degrees Celsius,
the air pressure is 1013 millibars, and
water is available at all times in adequate quantities; and
“generating plant”, in relation to a hereditament, means plant in or on the hereditament which is used or available for use for the purposes of generating electricity.
Application
5
1
This article applies to the class of hereditaments in relation to which the conditions in paragraph (2) are fulfilled.
2
The conditions mentioned in paragraph (1) are that —
a
the hereditament is entered on a local non-domestic rating list for the area of a billing authority in England;
b
the hereditament comprises land, plant or buildings used or available for use for the purpose of generating electricity (other than by means of the burning of waste unless the waste is animal litter), where such use is the sole or primary function of the hereditament; and
c
the generating plant in or on the hereditament —
i
uses wind or water power as its primary source of energy, or
ii
has a declared net capacity of 500 kilowatts or more.
3
In determining whether the primary function of a hereditament is for the purpose of generating electricity, no account shall be taken of so much of any heat produced in or on the hereditament as is produced other than for the purpose of the generation of electricity.
Rateable values
6
1
In the case of a hereditament to which article 5 applies, paragraphs 2 to 2C of Schedule 6 to the Act shall not apply, and its rateable value, in relation to any year during which the relevant list has effect, shall be an amount equal to the applicable amount.
2
The applicable amount for the purpose of paragraph (1) is the amount produced by applying the formula
M × DNC,
where —
M is the amount set out in column (2) of the following Table in relation to the sole or primary source of energy used by that generating plant, set out in column (1), and
DNC is the declared net capacity of the generating plant in or on the hereditament (expressed to the nearest hundredth part of a megawatt).
TABLE
(1) (2) Sole or primary source of energy £ per megawatt
The burning of coal 9,500 The burning of oil 5,000 The burning of natural gas where a steam turbine is used for the purposes of the generating process 9,500 The burning of natural gas where a steam turbine is not used for the purposes of the generating process 5,000 Nuclear fission produced by a Magnox reactor 6,000 Nuclear fission not produced by a Magnox reactor 14,000 Wind power 5,000 Water power 9,500 The burning of energy crops or animal litter 8,900 The burning of gas from a landfill site 5,000 Any source of energy not listed above, other than the burning of waste 5,000
3
In this article “the relevant list” means the local non-domestic rating list compiled on 1st April 2000 in which the hereditament in question falls to be shown.
PART III
ELECTRICITY TRANSMISSION AND DISTRIBUTION
Interpretation
7
1
In this Part —
“ Central Lists Regulations ” means the Central Rating Lists (England) Regulations 2000 ;
“the central list” means the central non-domestic rating list for England compiled on 1st April 2000;
“class of hereditaments” means the hereditaments falling to be shown in the central list in relation to a designated person by virtue of regulation 4 of and Part 2 of the Schedule to the Central Lists Regulations ;
“designated person” means a person designated by regulation 3(1) of and named in Part 2 of the Schedule to the Central Lists Regulations;
“recalculation factor” in relation to a class of hereditaments means the factor determined in relation to that class in accordance with article 9 or 10, as the case may be;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order and “relevant preceding year” means the year preceding a relevant year; and
“standard formula” in relation to a class of hereditaments means the formula
T + U ,
where —
a
T is the amount specified in the Schedule to this Order in relation to that class; and
b
U is the recalculation factor applicable to that class in respect of the relevant year.
2
Any reference in this Part to hereditaments occupied by a person includes a reference, in the case of unoccupied hereditaments, to hereditaments owned by that person, references to occupation being construed accordingly.
3
Any reference in this Part or in the Schedule to a designated person by name is to the company bearing that name on 1st January 2000.
Rateable values
8
In the case of each class of hereditaments, paragraphs 2 to 2C of Schedule 6 to the Act shall not apply, and its rateable value —
a
in the year beginning on 1st April 2000 shall be the amount specified in relation to it in the Schedule; and
b
in any subsequent year shall be the amount produced by applying the standard formula in relation to that class.
Transmission hereditaments: recalculation factor
9
In relation to each class of hereditaments listed in Part A of the Schedule the recalculation factor in respect of a relevant year shall be the figure produced for that class by applying the formula —
T k - KK
where —
T is the amount specified in relation to that class in the Schedule;
k is the estimated number of circuit kilometres of main transmission line occupied by the designated person as respects that class on 31st March in the relevant preceding year; and
K is the estimated number of circuit kilometres of main transmission line occupied by that person on 31st March 2000.
Distribution hereditaments: recalculation factor
10
In relation to each class of hereditaments listed in Part B of the Schedule, the recalculation factor in respect of a relevant year shall be the figure produced for that class by applying the formula —
T v - VV
where —
T is the amount specified in relation to that class in the Schedule;
v is the estimated installed transformer capacity (measured in kilovoltamperes) of all the electricity transformation plant occupied by the designated person as respects that class on 31st March in the relevant preceding year; and
V is the estimated installed transformer capacity (measured in kilovoltamperes) of such plant on 31st March 2000.
Revocations and savings
11
1
Subject to paragraph (2), the following are hereby revoked —
a
the Electricity Supply Industry (Rateable Values) Order 1994 ;
b
the Electricity Supply Industry (Rateable Values) (Amendment) Order 1995 ; and
c
article 2 of the Electrical Supply Industry and Water Undertakers (Rateable Values) Amendment Order 1996 and article 1 to the extent that it has effect for the purposes of article 2.
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions of the Orders mentioned in paragraph (1) shall continue to have effect for the purposes of, and for purposes connected with —
a
any alteration of a local or central non-domestic rating list compiled before 1st April 2000; or
b
any provision made by regulations under section 58 (special provision for 1995 onwards) of the Act as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th March 2000


text:
Citation and commencement
1
This Order may be cited as the Pitcairn (Amendment) Order 2000 and shall come into operation on 15th June 2000.
Amendment of section 5 of the Pitcairn Order 1970
2
Section 5 of the Pitcairn Order 1970 is hereby amended by inserting immediately after subsection (2) the following new subsections as subsections (2A), (2B) and (2C) thereof:
2A
Subject to the provisions of any law for the time being in force in the Islands, a court established under subsection (2) shall sit in such place in the Islands as the Governor, acting in accordance with the advice of the Chief Justice, may appoint:
Provided that it may also sit in the United Kingdom, or in such place within any other part of Her Majesty’s dominions as the Governor, acting in accordance with the advice of the Chief Justice and with the concurrence of the Governor of such part of Her Majesty’s dominions, may appoint.
2B
Where a court sits, by virtue of subsection (2A) of this section, in some place other than the Islands, it may there exercise its jurisdiction and powers in like manner as if it were sitting within the Islands, but anything done there by virtue of this subsection shall have, and shall have only, the same validity and effect as if done in the Islands.
2C
The references in subsections (2A) and (2B) of this section to a court sitting and exercising its jurisdiction and powers in any place include references to a judge or magistrate or officer of the court exercising in that place any jurisdiction or powers or other function vested in him as such by any law for the time being in force in the Islands.
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Investment Exchanges and Clearing Houses) (Jiway Limited) Regulations 2000 and shall come into force on 10th November 2000.
Interpretation
2
In these Regulations, “equity securities” means stocks and shares which are issued or raised by a company but does not include stocks and shares issued by a company not incorporated in the United Kingdom unless —
a
they are registered in a register kept in the United Kingdom by or on behalf of the company, or
b
in the case of shares, they are paired, within the meaning of section 99(6A) of the Finance Act 1986 , with shares issued by a company incorporated in the United Kingdom.
Prescription of recognised investment exchange
3
For the purposes of sections 116 and 117 of the Finance Act 1991, Jiway Limited is a recognised investment exchange which is prescribed.
Transfers of securities to Jiway Limited — prescribed circumstances
4
1
In the circumstances prescribed by paragraph (2), a charge to stamp duty or to stamp duty reserve tax shall be treated as not arising.
2
The circumstances prescribed by this paragraph are where, in connection with a transaction or transactions made or to be made on the exchange operated by Jiway Limited, equity securities are transferred or agreed to be transferred —
a
to Jiway Limited; or
b
to a person whose business is or includes holding equity securities as a nominee of Jiway Limited.
3
In paragraph (2), references to Jiway Limited are references to that company in its capacity as a person providing clearing services in connection with transactions made on the exchange which it operates.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th November 2000


text:
1
1
This Order may be cited as the Value Added Tax (Fund-Raising Events by Charities and Other Qualifying Bodies) Order 2000 and shall come into force on 1st April 2000.
2
The variations for which this Order provides have effect only in the case of supplies made on or after 1st April 2000.
3
However, in determining for the purposes of Note (4) inserted by article 3 below whether the number of events in a series exceeds any particular number, an event is not to be disregarded solely because it was held before 1st April 2000.
2
Schedule 9 to the Value Added Tax Act 1994 (exemption for fund-raising events by charities and other qualifying bodies) shall be varied as follows.
3
For Group 12 there shall be substituted —
GROUP 12 — FUND-RAISING EVENTS BY CHARITIES AND OTHER QUALIFYING BODIES
Item No.
1
The supply of goods and services by a charity in connection with an event —
a
that is organised for charitable purposes by a charity or jointly by more than one charity,
b
whose primary purpose is the raising of money, and
c
that is promoted as being primarily for the raising of money.
2
The supply of goods and services by a qualifying body in connection with an event —
a
that is organised exclusively for the body’s own benefit,
b
whose primary purpose is the raising of money, and
c
that is promoted as being primarily for the raising of money.
3
The supply of goods and services by a charity or a qualifying body in connection with an event —
a
that is organised jointly by a charity, or two or more charities, and the qualifying body,
b
that is so organised exclusively for charitable purposes or exclusively for the body’s own benefit or exclusively for a combination of those purposes and that benefit,
c
whose primary purpose is the raising of money, and
d
that is promoted as being primarily for the raising of money.
Notes:
1
For the purposes of this Group “event” includes an event accessed (wholly or partly) by means of electronic communications.
For this purpose “electronic communications” includes any communications by means of a telecommunications system (within the meaning of the Telecommunications Act 1984).
2
For the purposes of this Group “charity” includes a body corporate that is wholly owned by a charity if —
a
the body has agreed in writing (whether or not contained in a deed) to transfer its profits (from whatever source) to a charity, or
b
the body’s profits (from whatever source) are otherwise payable to a charity.
3
For the purposes of this Group “qualifying body” means —
a
any non-profit making organisation mentioned in item 1 of Group 9;
b
any body that is an eligible body for the purposes of Group 10 and whose principal purpose is the provision of facilities for persons to take part in sport or physical education; or
c
any body that is an eligible body for the purposes of item 2 of Group 13.
4
Where in a financial year of a charity or qualifying body there are held at the same location more than 15 events involving the charity or body that are of the same kind, items 1 to 3 do not apply (or shall be treated as having not applied) to a supply in connection with any event involving the charity or body that is of that kind and is held in that financial year at that location.
5
In determining whether the limit of 15 events mentioned in Note (4) has been exceeded in the case of events of any one kind held at the same location, disregard any event of that kind held at that location in a week during which the aggregate gross takings from events involving the charity or body that are of that kind and are held in that location do not exceed £1,000.
6
In the case of a financial year that is longer or shorter than a year, Notes (4) and (5) have effect as if for “15” there were substituted the whole number nearest to the number obtained by —
a
first multiplying the number of days in the financial year by 15, and
b
then dividing the result by 365.
7
For the purposes of Notes (4) and (5) —
a
an event involves a charity if the event is organised by the charity or a connected charity;
b
an event involves a qualifying body if the event is organised by the body.
In this Note “organised” means organised alone or jointly in any combination, and “organising” in Note (8) shall be construed accordingly.
8
Items 1 to 3 do not include any supply in connection with an event if —
a
accommodation in connection with the event is provided to a person by means of a supply, or in pursuance of arrangements, made by —
i
the charity or any of the charities, or the qualifying body, organising the event, or
ii
a charity connected with any charity organising the event,
and
the provision of the accommodation is not incidental to the event.
9
For the purposes of Note (8) the provision of accommodation is incidental to the event only if accommodation provided to the person by such means, or in pursuance of such arrangements, as are mentioned in paragraph (a) of that Note —
a
does not exceed two nights in total (whether or not consecutive), and
b
is not to any extent provided by means of a supply to which an order under section 53 applies.
10
For the purposes of Notes (7)(a) and (8), two charities are connected if —
a
one is a charity for the purposes of this Group only by virtue of Note (2) and the other is the charity that owns it, or
b
each is a charity for the purposes of this Group only by virtue of Note (2) and the two of them are owned by the same charity.
11
Items 1 to 3 do not include any supply the exemption of which would be likely to create distortions of competition such as to place a commercial enterprise carried on by a taxable person at a disadvantage.
.
4
Paragraph (a) of article 2 of the Value Added Tax (Cultural Services) Order 1996 is hereby revoked.
David Jamieson
Jim Dowd
Two of the Lord Commissioners of Her Majesty’s Treasury
21st March 2000


text:
1
This Order may be cited as the Commission Areas (Avon and Somerset) Order 2000 and shall come into force on 1st January 2001.
2
In this Order, except where the context otherwise requires: —
“area” means a commission area including any part of the Avon and Somerset magistrates' courts committee area;
“abolished area” means one of the areas abolished by article 3 below;
“new area” means the area constituted by article 3(b) below;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part I of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 : —
a
the entry for Somerset shall be omitted;
b
for the entry for Avon there shall be substituted the following new entry:
Name of commission area Extent of commission area
Avon and Somerset The area of Avon and Somerset MCC
4
Every person who immediately before 1st January 2001 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the new area, and the commissions of the peace for the abolished areas shall accordingly have effect as commissions of the peace for the new area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 7th November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the M61 Motorway (Kearsley Spur) (Speed Limit) Regulations 2000 and shall come into force on 17th July 2000.
2
In these Regulations —
a
“the Kearsley Spur” means the Kearsley Spur of the M61 Motorway at Kearsley in Greater Manchester; and
b
“the northbound exit slip road” means the northbound exit slip road linking the northbound carriageway of the Kearsley Spur with the Kearsley roundabout.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on a restricted carriageway.
2
Each of the following is a restricted carriageway —
a
the northbound carriageway of the Kearsley Spur between its junction with the northbound exit slip road (marker post 3.8) and its junction with the A666 (Farnworth and Kearsley bypass) (marker post 4.4);
b
the northbound exit slip road between its junction with the northbound carriageway of the Kearsley Spur and its junction with the Kearsley roundabout (Bolton Road).
3
For the purposes of this regulation the junction between the Kearsley Spur and the northbound exit slip road shall be taken to be marked by a gantry over the carriageway on which there are for the time being displayed traffic signs of the size, colour and type shown in diagram 670 of the Traffic Signs Regulations and General Directions 1994 varied to indicate a speed limit of 50 miles per hour.
Revocation
3
The M61 Motorway (Kearsley Spur) (Speed Limit) Regulations 1999 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th June 2000