text:
PART 1
INTRODUCTORY
Citation, commencement and transitional provisions
1
1
These Regulations may be cited as the European Communities (Lawyer’s Practice) Regulations 2000 and shall come into force on 22nd May 2000, except for regulations 21 and 22, which shall come into force on 22nd November 2000.
2
Where, on 22nd May 2000, a European lawyer is practising professional activities under his home professional title on a permanent basis in England and Wales or Northern Ireland or commences such practice by 21st November 2000, he shall apply to be registered in accordance with regulation 16 by 21st November 2000 where he intends to continue to practise those activities on a permanent basis after that date.
3
On or after 22nd November 2000, a European lawyer shall not practise as referred to in paragraph (2) without being registered in accordance with regulation 16, unless he was already practising before that date and has made an application for registration which has not been determined.
4
In paragraphs (3) and (5), an application for registration shall, as at a particular date, be taken not to have been determined if as at that date the applicant —
a
has not received a rejection of his application and the period for such a rejection or a deemed rejection has not yet expired; or
b
is appealing against a rejection of the application (including a deemed rejection) and the appeal has not been determined.
5
Regulations 21(1)(b) and 22 shall not apply to a European lawyer who satisfies all the following conditions —
a
immediately before 22nd November 2000 he was practising on a permanent basis in any part of the United Kingdom;
b
before 22nd November 2000 he applied for registration to any of the barristers' professional bodies or solicitors' professional bodies, or to the Faculty of Advocates or the Law Society of Scotland; and
c
as at the date in question his application for registration had not been determined.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“appeal body” means the body or person specified in relation to that profession in Schedule 1;
“barrister” means, in relation to England and Wales or Northern Ireland, a person who is a barrister of England and Wales or Northern Ireland, as the case may be;
“barristers' professional bodies” means the Inns of Court and the General Council of the Bar of England and Wales and the Executive Council of the Inn of Court of Northern Ireland;
“competent authority”, in relation to England and Wales and Northern Ireland, means any of the bodies designated as competent authorities by regulation 4 to undertake the activities required by the Directive set out in that regulation;
“the Directive” means the European Communities Parliament and Council Directive No. 98/5/ EC to facilitate practice of the profession of lawyer on a permanent basis in certain States other than the State in which the professional qualification was obtained;
“European lawyer” has the meaning given in paragraphs (2) and (3);
“home State” means the State in paragraph (4) in which a European lawyer acquired his authorisation to pursue professional activities and, if he is authorised in more than one of those States, it shall mean any of those States;
“home professional title” means, in relation to a European lawyer, the professional title or any of the professional titles specified in relation to his home State in paragraph (4) under which he is authorised in his home State to pursue professional activities;
“Irish barrister” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of barrister and whose home State is the Republic of Ireland;
“Irish solicitor” means a European lawyer who is authorised in the Republic of Ireland to pursue professional activities under the professional title of solicitor and whose home State is the Republic of Ireland;
“member of the professional body” means a practising solicitor or barrister, as the case may be;
“ Qualification Regulations ” means the European Communities (Recognition of Professional Qualifications) Regulations 1991
“registered European lawyer” means a European lawyer who is registered with a professional body in accordance with regulation 17 and whose registration has not been withdrawn or suspended;
“professional body” means, subject to regulation 16, any of the solicitors' professional bodies or the barristers' professional bodies;
“solicitor” means, in relation to England and Wales or Northern Ireland, a person who is a solicitor of England and Wales or Northern Ireland, as the case may be;
“solicitors' professional bodies” means the Law Society and the Law Society of Northern Ireland;
2
In these Regulations, “European lawyer” means a person who is —
a
a national of the United Kingdom or of a State listed in paragraph (4);
b
authorised in any of the States listed in paragraph (4) to pursue professional activities under any of the professional titles appearing in that paragraph; and
c
subject to paragraph (3), not a solicitor or barrister or, under the law of Scotland, a solicitor or advocate.
3
Where a person is a European lawyer registered with more than one of the following —
a
the solicitors' professional bodies or the barristers' professional bodies, or
b
the Law Society of Scotland or the Faculty of Advocates,
and subsequently acquires the title used by members of one of those bodies, then notwithstanding paragraph (2)(c), that person shall continue to fall within the definition of a European lawyer in relation to that other professional body for the period that he remains registered with that other professional body.
4
The States and professional titles referred to in the definition of European lawyer in paragraph (2) are as follows —
State Professional title(s)
Belgium Avocat/Advocaat/Rechtsanwalt Denmark Advokat Germany Rechtsanwalt Greece Dikegoros Spain Abogado/Advocat/Avogado/Abokatu France Avocat Republic of Ireland Barrister/Solicitor Italy Avvocato Luxembourg Avocat Netherlands Advocaat Austria Rechtsanwalt Portugal Advogado Finland Asianajaja/Advokat Sweden Advokat
5
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to a regulation or Part of, or a Schedule to, these Regulations.
Purpose of Regulations
3
1
The purpose of these Regulations is to implement the Directive in England and Wales and Northern Ireland.
2
The provisions of these Regulations shall have effect for the purposes of facilitating the practice of the profession of lawyer on a permanent basis by a European lawyer in England and Wales and Northern Ireland.
3
The provisions of these Regulations shall not affect the provision of services by lawyers within the meaning of the European Communities (Services of Lawyers) Order 1978 .
Competent authorities
4
The bodies listed in column 2 of Schedule 2 shall be designated as the competent authorities for the purposes of —
a
receiving applications for registration by European lawyers under Part III of these Regulations;
b
receiving applications from registered European lawyers for entry into the profession of solicitor or barrister;
c
the regulation of registered European lawyers registered with them; and
d
the provision of certificates attesting to the registration of Solicitors or barristers registered with them.
Exchange of information
5
1
In order to facilitate the application of the Directive and to prevent its provisions from being misapplied, a professional body may supply to or receive from —
a
another professional body;
b
the Faculty of Advocates or the Law Society of Scotland; or
c
an authority in any of the States listed in regulation 2(4) which has been designated by that State under the Directive as a competent authority in that State,
any information relating to a European lawyer or to any person with whom he jointly practises.
2
Subject to paragraph (1), a professional body shall preserve the confidentiality of any information received in accordance with paragraph (1) relating to a European lawyer or to any person with whom he jointly practises.
3
A competent authority in England and Wales or Northern Ireland shall provide a certificate attesting to the registration of a solicitor or barrister registered with it and his authorisation to practise when requested to do so by that solicitor or barrister or by a competent authority in a State listed in regulation 2(4).
PART II
PRACTICE OF PROFESSIONAL ACTIVITIES BY A REGISTERED EUROPEAN LAWYER
Practice of professional activities
6
1
Subject to the provisions of these Regulations, a registered European lawyer shall be entitled to carry out under his home professional title any professional activity that may lawfully be carried out by a member of the professional body with which he is registered and any enactment or rule of law or practice with regard to the carrying out of professional activities by members of that professional body shall be interpreted and applied accordingly.
2
A registered European lawyer who is in salaried employment may carry out professional activities under his home professional title to the same extent that an employed member of the professional body with which he is registered may do so.
Title and description to be used by a registered European lawyer
7
1
Where a registered European lawyer is engaged in —
a
any professional activity authorised by the professional organisation in his home State which gave him the authorisation to practise; or
b
any professional activity that may be carried out by a member of the professional body with which he is registered,
he shall comply with the requirements set out in paragraph (2).
2
The requirements referred to in paragraph (1) are that a registered European lawyer shall —
a
use his home professional title expressed in an official language of his home State in a manner which avoids confusion with the title of solicitor, barrister or advocate;
b
indicate the professional organisation by which he is authorised to practise or the court of law before which he is entitled to practise in that State; and
c
indicate the professional body with which he is registered in the United Kingdom.
Joint practice
8
A registered European lawyer may carry out professional activities under his home professional title as part of a joint practice —
a
to the same extent and in the same manner as a member of the professional body with which he is registered may do so, with —
i
a member of the professional body with which he is registered;
ii
a registered European lawyer who is registered with the same professional body; or
iii
any other person permitted by the professional body with which he is registered; or
b
with another European lawyer who is practising on a permanent basis under his home professional title in that registered European lawyer’s home State.
Name of joint practice
9
1
Subject to paragraph (2), where a registered European lawyer is a member of a joint practice in his home State, he may use the name of that practice with his home professional title when practising as a registered European lawyer.
2
Rules of conduct of the professional body with which a registered European lawyer is registered may prohibit the use by him of the name of a joint practice to the extent that —
a
that name is also used by persons who are not European lawyers or solicitors of any part of the United Kingdom; and
b
those rules prohibit members of that professional body from using that name.
Notification of joint practice
10
1
Where a European lawyer is a member of a joint practice in his home State, he shall inform the professional body with which he intends to register and provide it with the following information —
a
the name of the joint practice;
b
his place of business;
c
the name and place of business of any member of his joint practice;
d
any other information about the joint practice requested by the professional body.
2
A European lawyer shall notify that professional body of any changes in the information whether before or after registration.
Representation in legal proceedings
11
1
Subject to paragraph (2), no enactment or rule of law or practice shall prevent a registered European lawyer from pursuing professional activities relating to the representation of a client in any proceedings before any court, tribunal or public authority (including addressing the court, tribunal or public authority) only because he is not a solicitor or barrister.
2
In proceedings referred to in paragraph (1), where the professional activities in question may (but for these Regulations) be lawfully provided only by a solicitor, barrister or other qualified person, a registered European lawyer shall act in conjunction with a solicitor or barrister who is entitled to practise before the court, tribunal or public authority concerned and who could lawfully provide those professional activities.
3
The solicitor or barrister referred to in paragraph (2) shall, where necessary, be answerable to the court, tribunal or public authority concerned.
Property transactions
12
A registered European lawyer is not entitled, by virtue of regulation 6(1), to prepare for remuneration any instrument creating or transferring an interest in land unless he has a home professional title obtained in Denmark, the Republic of Ireland, Finland or Sweden.
Probate
13
A registered European lawyer is not entitled, by virtue of regulation 6(1), to prepare for remuneration any instrument for obtaining title to administer the estate of a deceased person unless he has a home professional title obtained in Denmark, Germany, the Republic of Ireland, Austria, Finland or Sweden.
Legal aid
14
A registered European lawyer may provide professional activities by way of legal advice and assistance or legal aid under the enactments specified in Part 1 of Schedule 3 and references to a solicitor, counsel or legal representative in those and any other enactments relating to legal advice and assistance or legal aid shall be interpreted accordingly.
PART III
REGISTRATION
Establishment and maintenance of registers of European lawyers
15
Each professional body shall establish and maintain a register of registered European lawyers.
Application to be entered on a register
16
1
Subject to regulation 18, a European lawyer who wishes to pursue professional activities under his home professional title on a permanent basis in England and Wales or Northern Ireland shall apply to be entered on the register maintained by a professional body.
2
A European lawyer who wishes to register with a professional body in accordance with paragraph (1) shall provide the professional body with a certificate confirming his registration with the competent authority in each home State under whose home professional title he intends to practise.
3
A professional body may require that the certificate referred to in paragraph (2) shall not have been issued more than three months before the date of the application under this regulation.
4
An application for registration under this regulation shall comply with any applicable regulations made by the relevant professional body and be accompanied by the appropriate fee.
5
Subject to regulation 18, a European lawyer may apply to be entered on the registers maintained by more than one professional body.
6
In this regulation, “professional body” includes the Law Society of Scotland and the Faculty of Advocates.
Registration by professional body
17
1
Subject to regulation 18, a professional body shall enter on its register the name of a European lawyer who applies to it in accordance with regulation 16.
2
Where a professional body registers a European lawyer in accordance with paragraph (1), it shall inform the competent authority in the home State of the registration.
Restrictions on registration
18
1
A European lawyer shall not be registered at the same time both with one of the solicitors' professional bodies and with one of the barristers' professional bodies.
2
An Irish solicitor shall not be entered on a register maintained under regulation 15 by any of the barristers' professional bodies.
3
An Irish barrister shall not be entered on a register maintained under regulation 15 by any of the solicitors' professional bodies.
4
A European lawyer registered with the Law Society of Scotland shall not be entered on a register maintained under regulation 15 by any of the barristers' professional bodies.
5
A European lawyer registered with the Faculty of Advocates shall not be entered on a register maintained under regulation 15 by any of the solicitors' professional bodies.
Time limit for decision and notification by professional body
19
1
A professional body shall consider an application for registration under regulation 16 as soon as is reasonably practicable, and shall notify the European lawyer of its decision, and if the application is rejected or granted subject to conditions, the reasons upon which the rejection or the imposition of conditions is based, within four months of receipt of an application complying with regulation 16(2) and (4).
2
Where the professional body fails to take a decision and notify the European lawyer within four months in accordance with paragraph (1), it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
3
Where a professional body withdraws or suspends a registration, it shall notify the European lawyer of its decision and of the reasons upon which the withdrawal or suspension is based.
Appeal by European lawyer
20
1
Within three months of the notification to him of the professional body’s decision, or later with the permission of the appeal body, the European lawyer may appeal against the decision to the appeal body specified in Schedule 1.
2
An appeal body may, for the purpose of determining any appeal under this Part —
a
order the professional body to register the European lawyer;
b
refuse the appeal; or
c
remit the matter to the professional body with such directions as the appeal body sees fit.
3
The appeal body shall give reasons for its decision.
Offence of pretending to be a registered European lawyer
21
1
A person who is not registered as a European lawyer in any part of the United Kingdom (including a person whose registration has been suspended) and —
a
wilfully pretends to be a registered European lawyer or takes or uses any name, title, designation or description implying that he is a registered European lawyer; or
b
subject to paragraph (2), carries on professional activities under one of the professional titles listed in regulation 2(4) or under any name, designation or description implying that he is entitled to pursue those activities under one of those professional titles;
shall be guilty of an offence and liable on summary conviction to a fine not exceeding the fourth level on the standard scale.
2
Paragraph (1)(b) shall not apply to a person who satisfies any of the following conditions —
a
he is not a national of the United Kingdom or of any of the States listed in regulation 2(4);
b
he is a solicitor or barrister or, under the law of Scotland, a solicitor or advocate; or
c
he is providing services within the meaning of the European Communities (Services of Lawyers) Order 1978 at the time his activities fall within paragraph (1)(b).
Costs and fees of an unregistered European lawyer
22
Where a European lawyer is carrying on professional activities under his home professional title in England and Wales or Northern Ireland but is not registered as a European lawyer in any part of the United Kingdom (including a person whose registration has been suspended), any costs or fees in respect of those activities shall not be recoverable by him or any other person.
Evidence of registration
23
Any certificate purporting to be signed by an officer of a professional body and stating that a person —
a
is, or is not, registered with that professional body; or
b
was, or was not, registered with that professional body during a period specified in the certificate,
shall, unless the contrary is proved, be evidence of that fact and be taken to have been so signed.
Publication of names of registered European lawyers
24
1
Where a professional body publishes the names of solicitors or barristers registered with it, it shall also publish the names of any European lawyers registered with it.
2
In this regulation, “publishes” or “publish” includes the provision of information to a legal publisher.
PART IV
REGULATION AND DISCIPLINE
Rules of professional conduct applicable
25
Where a registered European lawyer is practising under his home professional title in the United Kingdom, he shall be subject to the same rules of professional conduct as a member of the professinal body with which he is registered, and if he is registered with more than one, he shall be subject to the rules of professional conduct of all the professional bodies with which he is registered.
Disciplinary proceedings applicable
26
1
Where a registered European lawyer fails to comply with the rules of professional conduct to which he is subject under regulation 25, he shall be subject to the same rules of procedure, penalties and remedies as a member of the professional body with which the European lawyer is registered and shall, if appropriate, be subject to disciplinary prodeedings brought by an appropriate authority.
2
Any sanction against a registered European lawyer in relation to disciplinary proceedings may include withdrawal or suspension of his registration.
3
The appropriate authority shall give reasons for its decision.
4
In this regulation, an appropriate authority means —
a
where the registered European lawyer is registered with one of the solicitors' professional bodies, an authority having disciplinary jurisdiction over solicitors in England and Wales or Northern Ireland, as the case may be;
b
where the registered European lawyer is registered with one of the barristers' professional bodies, an authority having disciplinary jurisdiction over barristers in England and Wales or Northern Ireland, as the case may be;
c
where the registered European lawyer is registered with more than one of the solicitors' professional bodies or the barristers' professional bodies, an authority having disciplinary jurisdiction over solicitors or barristers, as the case may be, in England and Wales or Northern Ireland.
Disciplinary proceedings against a registered European lawyer
27
1
Where a professional body intends to begin disciplinary proceedings against a registered European lawyer, it shall —
a
inform the competent authority in his home State of the intention to begin those proceedings and furnish it with all the relevant details;
b
co-operate with that authority throughout those proceedings; and
c
inform that authority of the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.
2
Subject to paragraph (3), where the competent authority in the registered European lawyer’s home State withdraws his authorisation to practise under the home professional title either temporarily or permanently, his registration with the professional body shall be automatically withdrawn to the same extent.
3
Where a registered European lawyer is authorised to practise under a home professional title in two or more home States, his registration shall be withdrawn in accordance with paragraph (2) only if his authorisation to practise under a home professional title has been withdrawn in all those home States.
4
Where there is an appeal against a decision in disciplinary proceedings against a registered European lawyer, the body responsible for hearing the appeal shall afford the competent authority in the registered European lawyer`s home State an opportunity to make representations in relation to that appeal.
Disciplinary proceedings against a solicitor or barrister
28
Where a profesional body intends to begin disciplinary proceedings against a solicitor or barrister practising in a State listed in regulation 2(4), it shall inform the competent authority in that State of —
a
the intention to begin those proceedings and furnish it with all the relevant details; and
b
the decision reached in those proceedings, including the decision in any appeal, as soon as practicable after the decision is given.
PART V
ENTRY INTO THE PROFESSION OF SOLICITOR OR BARRISTER
Application by registered European lawyer
29
1
Where a registered European lawyer applies to the professional body where he has been registered to become a solicitor or barrister, as the case may be, and that professional body requires him to pass an aptitude test under regulation 6(1)(b)(ii) of the Qualification Regulations, he may apply to the professional body for an exemption from that requirement on the grounds that he falls within paragraph (2) or (3) of this regulation.
2
A person falls within this paragraph if —
a
he is a European lawyer and has been registered with that professional body for at least three years; and
b
he has for a period of at least three years effectively and regularly pursued in England and Wales or Northern Ireland, professional activities under his home professional title in the law of England and Wales or Northern Ireland, as the case may be.
3
A person falls within this paragraph if —
a
he is a European lawyer and has been registered with that professional body for at least three years; and
b
he has for a period of at least three years effectively and regularly pursued in England and Wales or Northern Ireland professional activities under his home professional title; and
c
he has for a period of less than three years effectively and regularly pursued in England and Wales or Northern Ireland, professional activities under his home professional title in the law of England and Wales or Northern Ireland, as the case may be.
Decision by professional body
30
1
Subject to paragraph (3), the professional body shall grant an exemption applied for under regulation 29 if it considers that the requirements under paragraph (2) or (3) of regulation 29 have been met.
2
The registration of a registered European lawyer shall cease from the date he is granted entry into the profession of solicitor or barrister.
3
The professional body may refuse to grant an exemption if it considers that the registered European lawyer would be unfit to practise as a solicitor or barrister.
Evidence in support of application for exemption under regulation 29(2)
31
1
Where a registered European lawyer makes an application under paragraph (2) of regulation 29, he shall provide the professional body with any relevant information and documents which it may reasonably require.
2
The professional body may verify the effective and regular nature of the professional activity pursued and may, if necessary, request the registered European lawyer to provide, orally or in writing, clarification of, or further details on, the information and documents referred to in paragraph (1).
Evidence in support of application for exemption under regulation 29(3)
32
1
Where a registered European lawyer makes an application under paragraph (3) of regulation 29, he shall provide the professional body with any relevant information and documents it may reasonably require.
2
When deciding whether to grant an application under paragraph (3) of regulation 29, the professional body shall take into account the professional activities the registered European lawyer has pursued during the period he has been registered and any knowledge and professional experience he has gained of, and any training he has received in, the law of any part of the United Kingdom and the rules of professional conduct of the profession concerned.
3
Subject to paragraph (4), in the case of an application under paragraph (3) of regulation 29, the professional body shall assess and verify the registered European lawyer’s effective and regular professional activity and his capacity to continue the activity he has pursued at an interview.
4
Where a professional body believes that an interview is unnecessary and intends to grant an application under paragraph (3) of regulation 29, it may dispense with that requirement.
Meaning of “effectively and regularly pursued”
33
For the purposes of regulations 29 to 32 activities shall be regarded as effectively and regularly pursued if they are actually exercised without any interruption other than those resulting from the events of everyday life.
Time limit for decision and notification by professional body
34
1
A professional body shall consider an application under regulation 29 as soon as is reasonably practicable, and shall notify the applicant of its decision and, if the application is rejected, the reasons for the rejection, within four months of receipt of all the relevant documents.
2
Where the professional body fails to take a decision and notify the registered European lawyer within four months in accordance with paragraph (1), it shall be deemed to have taken a decision to reject his application and to have notified it to him on the last day of that period.
Appeal by registered European lawyer
35
1
Within three months of the notification to him of the professional body’s decision, or later with the permission of the appeal body, the registered European lawyer may appeal against the decision to the appeal body specified in Schedule 1.
2
An appeal body may, for the purpose of determining any appeal under this Part —
a
give the exemption and the authorisation to enter into the profession of solicitor or barrister, as the case may be;
b
refuse the appeal; or
c
remit the matter to the professional body with such directions as the appeal body sees fit.
3
The appeal body shall give reasons for its decision.
Practice under the title of solicitor or barrister
36
1
This regulation applies where a registered European lawyer (“the lawyer”) is granted entry into the profession of solicitor or barrister.
2
Subject to paragraph (3), the lawyer shall be entitled to continue to practise in England and Wales or Northern Ireland, as the case may be, under his home professional title, and to use his home professional title, expressed in an official language of his home State, alongside the title of solicitor or barrister, provided that he continues to be authorised in his home State to pursue professional activities under that title.
3
For the purposes of rules of professional conduct, including those relating to disciplinary and complaints procedures, the lawyer’s continuing practice in the United Kingdom under his home professional title shall be deemed to form part of his practice as a solicitor or barrister, and those rules shall apply to his practice under his home professional title as they do to his practice as a solicitor or barrister.
4
Where this regulation applies, a lawyer’s registration in accordance with regulation 17 with the professional body whose title he has acquired shall cease from the date he is entitled to use that title.
5
Paragraph (4) shall not affect any registration the lawyer may have in another part of the United Kingdom.
PART VI
SUPPLEMENTARY PROVISIONS
Modification of enactments
37
1
The enactments specified in Part 2 of Schedule 3 (being enactments which reserve certain activities to solicitors, barristers and other qualified persons) shall be interpreted subject to regulations 6, 11, 12 and 13.
2
References to unqualified persons, however expressed, in the enactments specified in Part 3 of Schedule 3 (being enactments relating to unqualified persons acting as solicitors) shall not include a registered European lawyer pursuing professional activities within the meaning of these Regulations.
3
Schedule 4 (extension of enactments (England and Wales)) shall apply in relation to the registration of European lawyers with the Law Society.
4
Schedule 5 (extension of enactments (Northern Ireland)) shall apply in relation to the registration of European lawyers with the Law Society of Northern Ireland.
Irvine of Lairg, C.
Dated 8th April 2000


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 and shall come into force on 3rd July 2000.
The Police Pensions Regulations 1987
2
1
The Police Pensions Regulations 1987 shall be amended as follows.
2
In regulation A18(1)(b)(i) after “if he is” there shall be inserted “the commissioner, deputy commissioner or”.
3
In regulation B1(2)(b) after “chief officer of police,” there shall be inserted “deputy commissioner of police of the metropolis”.
4
In regulation L2(1) “(including the Secretary of State as police authority for the metropolitan police district)” shall be omitted.
5
In Schedule A in the definition of “member of a police force” paragraph (a) shall be omitted.
The Police Authorities (Selection Panel) Regulations 1994
3
1
The Police Authorities (Selection Panel) Regulations 1994 shall be amended as follows.
2
In regulation 2 —
a
the definition of “the 1964 Act” shall be omitted;
b
there shall be inserted ““the 1996 Act ” means the Police Act 1996” ; and
c
in the definition of “relevant authority member” for “Schedule 1B to the 1964 Act”, there shall be substituted “Schedule 2 or paragraph 3(3) of Schedule 2A to the 1996 Act” .
3
In regulation 4 —
a
in paragraph (2)(d)(i) after “over 21 and” there shall be inserted “(except in the case of the Metropolitan Police Authority)”; and
b
in paragraph (5), for “Schedule 1B to the 1964 Act” there shall be substituted “Schedule 2 or paragraph 3(3) of Schedule 2A (as the case may be) to the 1996 Act”.
4
In regulation 5(3), for “paragraphs 11, 12, 14 and 15 of Schedule 1B to the 1964 Act” there shall be substituted “paragraphs 10, 11, 13 and 14 of Schedule 2 or paragraphs 7, 8 and 9 of Schedule 2A to the 1996 Act”.
5
In regulation 6 —
a
in paragraph (2) for “Schedule 1B to the 1964 Act” there shall be substituted “Schedule 2 or paragraph 3 of Schedule 2A (as the case may be) to the 1996 Act”; and
b
in paragraphs (3), (4) and (5)(c) for “Schedule 1C to the 1964 Act” there shall be substituted “Schedule 3 to the 1996 Act” .
6
In regulation 7 for “Schedule 1C to the 1964 Act” there shall be substituted “Schedule 3 to the 1996 Act”.
The Police Regulations 1995
4
1
The Police Regulations 1995 shall be amended as follows.
2
Regulation 5 shall be omitted.
3
For regulation 6(2) there shall be substituted —
2
In its application to the metropolitan police force, paragraph (1) shall have effect as if —
a
the references to Chief Constable and Assistant Chief Constable were omitted; and
b
there were references to Commissioner, Deputy Commissioner and Assistant Commissioner of Police of the Metropolis and to Commander.
.
4
In regulation 10 paragraph (11)(b) shall be omitted.
5
In regulation 13A —
a
after paragraph (1) there shall be inserted —
1A
This regulation applies to every appointment on or after 3rd July 2000 to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force
;
b
after paragraph (2) there shall be inserted —
2A
Where it is proposed to vary by agreement the conditions of service of an assistant commissioner in the metropolitan police force who holds that rank indefinitely on 3rd July 2000 so that he holds that rank instead for a fixed term —
a
that term shall be for a period authorised by paragraph (3); and
b
this regulation shall apply to such a variation as it applies to an appointment and as if the variation was an appointment.
;
c
in paragraph (3) after “chief constable” there shall be inserted “or to the rank of commissioner, deputy commissioner or assistant commissioner in the metropolitan police force;” and
d
in paragraph (4) for “commander or assistant commissioner” there shall be substituted “commander in the metropolitan police force and the City of London police force or assistant commissioner in the City of London police force”.
6
In regulation 13B —
a
in paragraph (1) —
i
“on or after 1st April 1995” shall be omitted; and
ii
after “regulation 13A(1)(a) and (b)” there shall be inserted “or (1A)”;
b
in paragraph (3) after “regulation 13(1)(a) and (b)” there shall be inserted “or (1A)”;
c
in paragraph (6)(b) after “regulation 13(A)(2)” there shall be inserted “or (2A)”; and
d
in paragraph (7) —
i
in sub-paragraph (a) after “regulation 13A(1)(a)” there shall be inserted “or (1A) and commanders in the metropolitan police force”; and
ii
for sub-paragraph (b) there shall be substituted —
b
in the case of commanders and assistant commissioners in the City of London police force, the Commissioner of the City of London police.
.
7
In regulation 16 —
a
for paragraph (2) there shall be substituted —
2
In the case of a chief officer of police, Deputy Commissioner of Police of the Metropolis, Assistant Commissioner of Police of the Metropolis, commander in the City of London or metropolitan police force or assistant chief constable, paragraph (1) shall have effect as if —
a
for “one month's” there were substituted “three months',”; and
b
for “chief officer of police” there were substituted “police authority”.
; and
b
in paragraph (3) after sub-paragraph (e) there shall be inserted —
f
the provisions of sections 9E (1) to (3) of the Police Act 1996 relating to retirement in the interests of efficiency or effectiveness .
8
In regulation 51 “or, in the case of a member of the metropolitan police force, the Receiver for the metropolitan police district” and “or to the Receiver for the metropolitan police district, as the case may be” shall be omitted.
The Police (Disposal of Sound Equipment) Regulations 1995
5
1
The Police (Disposal of Sound Equipment) Regulations 1995 shall be amended as follows.
2
Regulation 4(5) shall be omitted.
The Knives (Forfeited Property) Regulations 1997
6
1
The Knives (Forfeited Property) Regulations 1997 shall be amended as follows.
2
In regulation 2(b) for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”.
The Police (Property) Regulations 1997
7
1
The Police (Property) Regulations 1997 shall be amended as follows.
2
In regulation 3(b) for “Receiver for the Metropolitan Police District” there shall be substituted “Metropolitan Police Authority”.
The National Crime Squad Service Authority (Levying) Order 1997
8
1
The National Crime Squad Service Authority (Levying) Order 1997 shall be amended as follows.
2
In article 2 —
a
in paragraph (1)(e) the word “and” shall be omitted and after “the Common Council of the City of London” there shall be inserted “and, except in article 12 below, the Metropolitan Police Authority.”; and
b
for paragraph (2) there shall be substituted —
2
The references in article 13(2) and (3) to “police authorities” shall be taken in relation to the year 2000/2001 as including the Receiver for the metropolitan police district.
.
3
After article 12 there shall be inserted —
Anticipation in relation to the Metropolitan Police Authority
12A
1
The Greater London Authority when making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999 (originally or by way of substitution) for a financial year, may anticipate a levy to be issued to the Metropolitan Police Authority in accordance with this Order for the relevant year by the Authority in any case where such a levy has not been issued by the Authority to the Metropolitan Police Authority at the time the calculations are made.
2
Where pursuant to paragraph (1) above, the Greater London Authority anticipates a levy to be issued by the Authority for the relevant year, the amount of the levy so anticipated shall be equal to the Greater London Authority’s estimate, at the time the calculations (or last calculation) are made of the amount of the levy which will be issued to the Metropolitan Police Authority for the relevant year.
3
Whether or not the Greater London Authority making calculations (originally or by way of substitution) for a financial year anticipates a levy to be issued in accordance with this Order —
a
where the Authority issues such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall pay to the Authority a sum equal to the amount of the levy; and
b
where the Authority does not issue such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall not pay any sum to the Authority in respect of such a levy.
4
When estimating the amount of levy which will be issued to the Metropolitan Police Authority, the Greater London Authority shall do so on the basis of any information available to it at that time.
.
4
In paragraph 2 of the Schedule to the Order after sub-paragraph (b) there shall be inserted —
c
the references to “authority”, “police authority” and “police authorities” in sub-paragraphs (a) and (b) of paragraph 1 and sub-paragraphs (a) and (b) of this paragraph shall be taken as including the Greater London Authority and as excluding the Metropolitan Police Authority.
.
The NCIS Service Authority (Levying) Order 1997
9
1
The NCIS Service Authority (Levying) Order 1997 shall be amended as follows.
2
In article 2 —
a
in paragraph (1)(f) the word “and” shall be omitted and after “the Common Council of the City of London” there shall be inserted “and, except in article 12 below, the Metropolitan Police Authority”; and
b
for paragraph (2) there shall be substituted —
2
The references in article 13(2) and (3) to “police authorities” shall be taken in relation to the year 2000/2001 as including the Receiver for the metropolitan police district.
.
3
After article 12 there shall be inserted —
Anticipation in relation to the Metropolitan Police Authority
12A
1
The Greater London Authority when making calculations in accordance with sections 85 and 86 of the Greater London Authority Act 1999 (originally or by way of substitution) for a financial year, may anticipate a levy to be issued to the Metropolitan Police Authority in accordance with this Order for the relevant year by the Authority in any case where such a levy has not been issued by the Authority to the Metropolitan Police Authority at the time the calculations are made.
2
Where pursuant to paragraph (1) above, the Greater London Authority anticipates a levy to be issued by the Authority for the relevant year, the amount of the levy so anticipated shall be equal to the Greater London Authority’s estimate, at the time the calculations (or last calculation) are made of the amount of the levy which will be issued to the Metropolitan Police Authority for the relevant year.
3
Whether or not the Greater London Authority making calculations (originally or by way of substitution) for a financial year anticipates a levy to be issued in accordance with this Order —
a
where the Authority issues such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall pay to the Authority a sum equal to the amount of the levy; and
b
where the Authority does not issue such a levy to the Metropolitan Police Authority, the Metropolitan Police Authority shall not pay any sum to the Authority in respect of such a levy.
4
When estimating the amount of levy which will be issued to the Metropolitan Police Authority, the Greater London Authority shall do so on the basis of any information available to it at that time.
.
4
In the Schedule to the Order after paragraph 2 there shall be inserted —
3
In this Schedule references to “authority”, “police authority” and “police authorities” shall except for the reference to “police authority” in paragraph 1 be taken as including the Greater London Authority and as excluding the Metropolitan Police Authority.
.
The Police Authorities (Standing Orders) Regulations 1997
10
1
The Police Authorities (Standing Orders) Regulations 1997 shall be amended as follows.
2
In regulation 2(2) after “under section 3 of the Police Act 1996” there shall be inserted “and the Metropolitan Police Authority”.
The Police (Conduct) Regulations 1999
11
1
The Police (Conduct) Regulations 1999 shall be amended as follows.
2
In regulation 4 the definition of “the Assistant Commissioner” shall be omitted .
3
In regulation 34(1) for “the Assistant Commissioner” there shall be substituted “an assistant commissioner”.
4
For regulation 37(3) there shall be substituted —
3
Where the member concerned is a member of the metropolitan police force the review shall be conducted by an assistant commissioner who is not an interested party.
.
The Police (Conduct) (Senior Officers) Regulations 1999
12
1
The Police (Conduct) (Senior Officers) Regulations 1999 shall be amended as follows.
2
In regulation 2 after paragraph (3) there shall be inserted —
4
Subject to paragraph (5), where a report, complaint or allegation has been or is received in respect of conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000 these Regulations shall have effect as if the Greater London Authority Act 1999 (Consequential Amendments) (Police) Order 2000 had not been made.
5
In the case of a report, complaint or allegation which relates to conduct by a commander in the metropolitan police force which occurred or commenced before 3rd July 2000, but is received on or after 3rd July 2000 the conduct shall be treated for the purposes of this regulation as having occurred, or as the case may be, commenced on 3rd July 2000.
.
3
In regulation 4 —
a
in paragraph (1)
i
for the definition of “the appropriate authority” there shall be substituted —
“the appropriate authority” means, in relation to a senior officer of any police force, the police authority for the force’s area;
; and
ii
for the definition of “investigating officer” there shall be substituted —
“investigating officer” means a person (whether a member of a police force or not) appointed under section 68(2B) or section 68(3) of the 1996 Act or under regulation 7, to investigate a complaint or other matter relating to the conduct of a senior officer;
and
b
paragraph (2) shall be omitted.
4
In regulation 7 —
a
in paragraph (2) after “paragraphs (3) and” there shall be inserted “(3A) or”;
b
after paragraph (3) there shall be inserted —
3A
If the matter concerns the conduct of the Commissioner of Police of the Metropolis or the Deputy Commissioner of Police of the Metropolis —
a
the appropriate authority shall notify the Secretary of State; and
b
the Secretary of State shall appoint a person (whether a member of a police force or not) as the investigating officer.
;
c
in paragraph (4) for “The investigating officer shall be” there shall be substituted “In any other case, the investigating officer shall be appointed by the appropriate authority and shall be”; and
d
in paragraph (5) for “paragraph (3)” there shall be substituted “paragraph (3A) or (4) or section 68(2B)”.
The Police (Efficiency) Regulations 1999
13
1
The Police (Efficiency) Regulations 1999 shall be amended as follows.
2
In regulation 3 the definition of “the Assistant Commissioner”shall be omitted.
3
In regulation 19(1) for “the Assistant Commissioner” there shall be substituted “an assistant commissioner”.
4
For regulation 22(3) there shall be substituted —
3
Where the member concerned is a member of the metropolitan police force the review shall be conducted by an assistant commissioner who is not an interested party.
.
Lord Steve Bassam
Parliamentary Under-Secretary of State
Home Office
8th June 2000


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits Schemes Amendment (Education Maintenance Allowance) Regulations 2000 and shall come into force on 14th March 2000.
Interpretation
2
In these Regulations–
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Disregard of education maintenance allowance
3
1
For each of the paragraphs specified in paragraph (2) (which relate to sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph–
Any–
education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc. ); or
sum (not being an allowance coming within (a)) in respect of a course of study attended by a child or young person payable by virtue of regulations made under section 518 of the Education Act 1996, section 49 of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities) or section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992 (provisions of financial assistance to students).
2
The paragraphs specified for the purposes of paragraph (1) are–
a
paragraph 9 of Schedule 2 to the Family Credit Regulations ;
b
paragraph 9 of Schedule 3 to the Disability Working Allowance Regulations .
4
1
At the end of each of the Schedules specified in paragraph (2) (which relate to capital to be disregarded) there shall be added the following paragraph bearing the respective specified paragraph number–
Any education maintenance allowance payable by virtue of regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc.) which is payable as a bonus payment at the end of an academic term but only for a period of 52 weeks from the date of receipt of that payment.
2
The paragraphs specified for the purposes of paragraph (1) are–
a
paragraph 59 of Schedule 3 to the Family Credit Regulations;
b
paragraph 58 of Schedule 4 to the Disability Working Allowance Regulations.
Revocation
5
Regulation 2(2)(b) and (c) of the Social Security Amendment (Educational Maintenance Allowance) Regulations 1999 is hereby revoked.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
21st February 2000


text:
1
This Order may be cited as the GLA Roads Designation (Amendment) Order 2000 and shall come into force on 9th June 2000.
2
1
The Schedule to the GLA Roads Designation Order 2000 shall be amended as follows.
2
After paragraph 66 there shall be inserted the following paragraph —
66A
A1203 (Limehouse Link) from its junction with A1203 (The Highway) to its junction with the A1261 (Aspen Way).
3
After paragraph 69 there shall be inserted the following paragraph —
69A
A1261 (Aspen Way) from its junction with A1203 (Limehouse Link) to the west side of Leamouth Road roundabout, including the slip roads from Aspen Way to Prestons Road roundabout.
4
After paragraph 109 there shall be inserted the following paragraph —
109A
East India Dock Road Link from its junction with A1261 (Aspen Way) to its junction with A13 (East India Dock Road).
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Shrewsbury and Atcham (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 borough of Shrewsbury and Atcham;
“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 Shrewsbury and Atcham (Electoral Changes) Order 2000” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Shrewsbury and Atcham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Shrewsbury and Atcham
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two, the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Parish elections
4
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Atcham, Berrington and Bicton shall be three years.
2
Elections of all parish councillors for the parishes of Atcham, Berrington and Bicton shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
3
The ordinary elections of parish councillors for the parishes of Minsterley and Pontesbury in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
4
Elections of all parish councillors for the parishes of Minsterley and Pontesbury shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
5
Elections of all parish councillors for the parish of Wroxeter and Uppington shall be held simultaneously on the ordinary day of election of councillors in 2004, 2006 and every fourth year after 2006.
6
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2004 for the parish of Wroxeter and Uppington shall be two years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2006.
7
Where any provision of an order made before the making of this Order requires an election of parish councillors for a parish mentioned in paragraph (2) or (5) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
8
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occuring before 8th May 2004 in the office of a parish councillor for the parishes of Minsterley and Pontesbury as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004.
Revocation
2
The Borough of Shrewsbury and Atcham (Electoral Arrangements) Order 1975 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
28th June 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 2000 and shall come into force on 31st March 2000.
2
These Regulations extend to England only.
Amendment of regulation 1 of the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2000
2
At the end of regulation 1(1) of the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2000 there shall be added the words “and shall come into force on 1st April 2000.”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
21st March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Sutton) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Sutton specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th May 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Central North Sea Fibre Telecommunications Company Limited) Order 2000 and shall come into force on 19th January 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E-Commerce,
Department of Trade and Industry
20th December 2000


text:
Citation and Interpretation
1
1
This Order may be cited as the Learning and Skills Act 2000 (Commencement No. 2 and Savings) Order 2000.
2
In this Order —
“the 1992 Act ” means the Further and Higher Education Act 1992 ; and
“the 2000 Act ” means the Learning and Skills Act 2000.
Provisions coming into force
2
1
The provisions of the 2000 Act specified in Part I of the Schedule to this Order shall come into force on 1st October 2000.
2
The provision of the 2000 Act specified in Part II of the Schedule to this Order shall come into force on 1st November 2000.
3
The provision of the 2000 Act specified in Part III of the Schedule to this Order shall come into force on 1st January 2001.
4
Unless otherwise specified in the Schedule to this Order the provisions referred to in paragraphs (1), (2) and (3) shall come into force for all purposes.
Savings
3
The amendment of section 41(10) of the 1992 Act made by paragraph 26 of Schedule 9 to the 2000 Act shall not have effect for the purpose of determining whether any contract entered into before 1st October 2000 was entered into in contravention of section 41 of the 1992 Act.
Tessa Blackstone
Minister of State,
Department for Education and Employment
12th September 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 1) Order 2000.
2
In this Order, references to “the Act” are references to the Child Support, Pensions and Social Security Act 2000.
Appointed days
2
1
The day appointed for the coming into force of section 41 of the Act (sharing of state scheme rights) is 29th September 2000.
2
The day appointed for the coming into force of section 72 of the Act (child benefit disregards) is 9th October 2000.
Signed by authority of the Secretary of State for Social Security
Patricia Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
27th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth City Council Act 1987 (Modification) Order 2000 and shall come into force on 22nd December 2000.
2
In this Order “the Council” means Plymouth City Council.
Modification of section 25 of the Plymouth City Council Act 1987
2
Where the functions of the Council under Part III (Cottonian Collection) of the Plymouth City Council Act 1987 are the responsibility of the executive of the Council under executive arrangements section 25 (Cottonian Representatives) of that Act shall have effect as if for subsections (1) and (2), there were substituted the following subsections —
1
The Council shall manage the Cottonian Collection.
2
Where the management of the Cottonian Collection is for the time being the responsibility of the executive of the Council in accordance with provisions made by or under Part II (arrangements with respect to executives etc. ) of the Local Government Act 2000 (“the 2000 Act ”), an overview and scrutiny committee, or sub-committee, to which subsection (2A) applies must, subject to section 21(9) of the 2000 Act, include the persons who are for the time being the Cottonian Representatives.
2A
This subsection applies to —
a
an overview and scrutiny committee of the Council if the committee’s functions under section 21 (overview and scrutiny committees) of the 2000 Act relate wholly or partly to the Cottonian Collection; and
b
a sub-committee of an overview and scrutiny committee of the Council if the sub-committee’s functions under that section relate wholly or partly to the Cottonian Collection.
2B
A person who is a member of an overview and scrutiny committee or sub-committee by virtue of subsection (2) is to be entitled to vote at a meeting of the committee or sub-committee on any question —
a
which relates to the Cottonian Collection, and
b
which falls to be decided at the meeting.
2C
In relation to a person who is a member of an overview and scrutiny committee or sub-committee by virtue of subsection (2) of this section, subsection (10) of section 21 of the 2000 Act (voting rights of persons who are not members of the authority) shall apply as if, for the words “subject to any provision made by or under paragraphs 7 to 9 of Schedule 1”, there were substituted the words “subject to section 2(2B) of the Plymouth City Council Act 1987”.
2D
The proceedings of any overview and scrutiny committee or sub-committee to which subsection (2A) applies shall not be invalidated by reason of a vacancy within the Cottonian Representatives.
2E
In subsection (2) —
“executive” shall be construed in accordance with section 11 (local authority executives) of the 2000 Act; and
“overview and scrutiny committee” has the meaning given by section 21(1) of that Act.
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
24th November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lowestoft Primary Care Trust (Establishment) Order 2000 and shall come into force on 1st October 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Lowestoft Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Lowestoft Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Suffolk Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Suffolk Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the authority.
4
The James Paget Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Phillip Hunt
Parliamentary Under Secretary of State,
Department of Health
28th September 2000


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Navy) (Amendment) Rules 2000 and shall come into force on 2nd October 2000.
Amendments to Rules
2
1
The Courts-Martial (Royal Navy) Rules 1997 shall be amended in accordance with following provisions of this rule.
2
In rule 2 (interpretation) the following definition shall be inserted after the definition of “the judge advocate” —
“preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial;
.
3
In rule 4 (referring a case to the prosecuting authority) after the word “ documentary” in sub-paragraph (g) there shall be inserted —
; and
h
where the accused has elected trial by court-martial, notification of that fact
.
4
After rule 4 (referring a case to the prosecuting authority) there shall be inserted —
Withdrawal of election in a multiple charge case
4A
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
that election is withdrawn with the leave of the prosecuting authority,
section 52I(2) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused each of the preliminary charges to be tried summarily.
Referring back in a multiple charge case before charges are preferred
4B
1
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
the prosecutor considers that a charge or charges different from or additional to a preliminary charge should be preferred,
section 52II(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused any additional preliminary charge as well as the charge or charges which he would otherwise be required to refer back under that section.
2
In paragraph (1), the reference to any additional preliminary charge is to any preliminary charge which is different from the preliminary charge referred to in paragraph (1)(b) above.
.
5
After rule 11 (discontinuing proceedings before trial) there shall be inserted —
Referring back in a multiple charge case after charges already preferred
11A
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
the prosecutor considers that a charge which has already been preferred (“the original charge”) should be amended, or that a charge should be preferred in addition to or in substitution for the original charge,
section 52II(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer any charge (other than the original charge) which has already been preferred, as well as the charge or charges which he would otherwise be required to refer back under that section.
.
6
In rule 67(2) (evidence before sentencing) —
a
the following sub-paragraph shall be inserted after sub-paragraph (d) —
dd
particulars of any formal police caution administered to the accused by a constable in England and Wales or Northern Ireland;
;
b
at the end of sub-paragraph (e) the word “and” shall be omitted; and
c
after the word “entitlements” in sub-paragraph (f) there shall be inserted —
; and
g
whether the accused elected trial by court-martial
.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Rugby (Electoral Changes) Order 2000.
2
This article and articles 2, 3 and 6 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
Articles 4 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Dunchurch and Ryton-on-Dunsmore to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Rugby;
“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 Borough of Rugby (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the Borough of Rugby
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Rugby
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Dunchurch
4
The parish of Dunchurch shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Number of Parish Councillors
5
The number of parish councillors for the parish of Ryton-on-Dunsmore shall be ten.
Revocation
6
The Borough of Rugby (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
23rd June 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2000 and shall come into force on 14th February 2000.
2
In these Regulations —
“the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 1989 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended in accordance with the following paragraphs of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
in the definition of “patient” after sub-paragraph (b) insert the following new sub-paragraph —
bb
any person who seeks information or treatment from a Walk-in-centre;
;
ii
after the definition of “patient” add the following new definition —
“pilot scheme” shall be construed in accordance with section 1(1) of the National Health Service (Primary Care) Act 1997 ;
;
iii
after the definition of “treatment”, add the following new definition —
“Walk-in-Centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State;
;
b
in paragraph (1A), (which describes nurse prescribers who may issue prescription forms) —
i
for sub-paragraph (a)(iii) substitute —
iii
is, at the time of ordering the listed drug or medicine or listed appliance —
aa
employed as a district nurse by a Health Authority or an NHS trust;
bb
employed as a nurse by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services under a pilot scheme; or
cc
assisting, in the capacity of a nurse, in the provision of services in a Walk-in-Centre.
;
ii
for sub-paragraph (b)(ii) substitute —
ii
is, at the time of ordering the listed drug or medicine or listed appliance —
aa
employed as a health visitor by a Health Authority or an NHS trust;
bb
employed as a nurse by a doctor whose name is included in a medical list or who, at that time, is assisting in the performance of personal medical services under a pilot scheme; or
cc
assisting, in the capacity of a nurse, in the provision of services in a Walk-in-Centre;
.
3
After regulation 5 insert the following new regulation —
Supply of drugs and appliances at Walk-in-Centres
5A
1
Where drugs or appliances are supplied to a patient, for the purposes of his treatment by a doctor or nurse prescriber at a Walk-in-Centre the Health Authority, NHS trust or other person responsible for the management of the Centre shall, except in the case of drugs administered or appliances fitted at the Centre and subject to paragraphs (3) and (4), make and recover from the patient —
a
in respect of an item of elastic hosiery a charge of £5.90, that is to say a charge of £11.80 per pair;
b
in respect of the supply of each other appliance and of each quantity of a drug, a charge of £5.90.
2
Where a charge is paid under paragraph (1), the person making the payment shall on doing so sign a declaration in writing that the relevant charge has been paid.
3
No charge shall be made and recovered under this regulation from a patient who is exempt —
a
under paragraph 1(1)(a) to (d) of Schedule 12 to the Act and who, in the case described in paragraph 1(1)(c) of that Schedule, completes a declaration of entitlement to such exemption and provides such evidence of entitlement as the Health Authority or NHS trust or other person may reasonably require;
b
under regulation 6 and who completes a declaration of entitlement to such exemption and who provides such evidence of his exemption as the Health Authority or NHS trust or other person supplying the drug or appliance may reasonably require;
c
by reason of being entitled to remission under regulation 3 of the Travelling Expenses and Remission of Charges Regulations and who completes a declaration of entitlement to such remission and provides such evidence of entitlement as the Health Authority or NHS trust or other person supplying the drug or appliance may reasonably require.
4
For the purpose of this regulation, where a drug ordered on a single written direction of a doctor is supplied by instalments, the charge of £5.90 payable for that drug shall be payable upon the supply of the first instalment.
5
A Health Authority or NHS trust or other person making and recovering a charge under this regulation shall, if so required by a patient, give him a receipt for the amount received on a form which shall contain forms of declaration in support of an application for repayment and information as to whom an application for repayment shall be made.
.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
20th January 2000


text:
Citation and commencement
1
1
This Order may be cited as the North Surrey Water (Amendment of Local Enactments) Order 2000, and shall come into force on 1st October 2000.
2
In this Order —
“North Surrey” means North Surrey Water Limited; and
“Three Valleys” means Three Valleys Water PLC.
Amendment of references in local statutory provisions
2
1
As from 1st October 2000 any reference to, or to the undertaking of, North Surrey in any local statutory provision and in any charges scheme made by, North Surrey under section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2), as a reference to, or to the undertaking of, Three Valleys.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 1st October 2000.
Repeal of local statutory provisions
3
The orders referred to in the Schedule to this Order are revoked to the extent indicated in that Schedule.
Signed by authority of the Secretary of State
A. H. Davis
A Senior Civil Servant in the
Department of the Environment, Transport and the Regions
20th September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Personal and Occupational Pension Schemes (Incentive Payments) Amendment Regulations 2000 and shall come into force on 6th April 2000.
Amendment of Regulations
2
1
In regulation 3 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations 1987 (cases in which payments under section 7 of the Social Security Act 1986 are not to be made, or are to be made to prescribed persons) —
a
in paragraph (1) for the words “(3) or (4)” there shall be substituted the words “(3), (4) or (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph: —
4A
This paragraph applies to any case where a claim for the payment under section 7 of the Act has not been made in accordance with regulation 4 below before 6th April 2001.
2
In regulation 3 of the Personal and Occupational Pension Schemes (Incentive Payments) Regulations (Northern Ireland) 1987 (cases in which payments under Article 9 of the Social Security (Northern Ireland) Order 1986 are not to be made, or are to be made to prescribed persons) —
a
in paragraph (1) for the words “(3) or (4)” there shall be substituted the words “(3), (4) or (4A)”;
b
after paragraph (4) there shall be inserted the following paragraph: —
4A
This paragraph applies to any case where a claim for the payment under Article 9 has not been made in accordance with regulation 4 before 6th April 2001.
.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
14th March 2000


text:
1
This Order may be cited as the School Teachers' Remuneration Order 2000 and shall come into force on 1st September 2000.
2
In this Order —
“authority” means a local education authority; and
“relevant post” means a post in a school maintained by an authority to teach a subject for which there is a shortage of teachers.
3
For the purposes of the School Teachers' Pay and Conditions Act 1991, a lump sum incentive payment made by an authority or the governing body of a school maintained by an authority to a school teacher —
a
on his taking up a relevant post following his qualification as a teacher; or
b
following the successful completion of his induction period, on his taking up or remaining in a relevant post,
shall not be regarded as remuneration.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Education and Employment
29th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Lambeth (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 Lambeth;
“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 Lambeth (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of London borough of Lambeth
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 Lambeth (Electoral Arrangements) Order 1977 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 and commencement
1
This Order may be cited as the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (A13 Trunk Road) Order 2000 and shall come into force on 2nd July 2000.
Transfer of duties to the Secretary of State
2
There shall be transferred to the Secretary of State from each local authority listed in column 1 of the Schedule to this Order the responsibility for the discharge of the duties imposed by section 89 of the Environmental Protection Act 1990 as respects the part of the A13 trunk road specified in relation to that local authority in column 2 of that Schedule.
Signed by the 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:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Amendment Order 2000 and shall come into force on 12th July 2000.
2
In this Order —
“ the Authority ” means the United Kingdom Transplant Support Service Authority; and
“ the Order ” means the United Kingdom Transplant Support Service Authority (Establishment and Constitution) Order 1991 .
3
This Order extends to England and Wales.
Change of name of the Authority
2
1
The Authority shall be called United Kingdom Transplant instead of the United Kingdom Transplant Support Service Authority and, accordingly, in article 2 of the Order for the words “the United Kingdom Transplant Support Service Authority” there are substituted the words “United Kingdom Transplant”.
2
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.
Constitution of the Authority
3
For article 4 of the Order there is substituted the following article —
Constitution of the Authority
4
The Authority shall consist of —
a
a chairman,
b
not less than four nor more than seven members who are not officers of the Authority, and
c
the Chief Officer of the Authority and not more than four other members who are officers of the Authority provided that the number of members who are officers of the Authority shall not exceed the number of members who are not officers of the Authority.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th June 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Peterborough Primary Care Trust (Establishment) Amendment Order 2000 and shall come into force on 4th April 2000.
2
In this Order, unless the context otherwise requires —
“the principal Order ” means the South Peterborough Primary Care Trust (Establishment) Order .
Amendment of the Schedule to the principal Order
2
In the Schedule to the principal Order —
a
after “Wittering” insert “, Peterborough South”; and
b
at the end add the following —
In the District of Fenland —
the electoral wards of Whittlesey Bassenhally, Whittlesey Central, Whittlesey East, Whittlesey Kingsmoor, Whittlesey South, Whittlesey West.
In the District of Huntingdonshire —
the electoral wards of Elton, Yaxley, Farcet, Stilton.
.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
25th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Bromley (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 Bromley;
“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 Bromley (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 Bromley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of 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 the number specified in respect of the ward in column (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Bromley (Electoral Arrangements) Order 1977 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
30th June 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2000 and shall come into force on 6th April 2000.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendments to the principal Regulations
2
For regulation 7 of the principal Regulations (lower and upper earnings limits and earnings threshold) there shall be substituted —
Lower and upper earnings limits and primary and secondary thresholds
7
For the purposes of section 5(1) of the Social Security Contributions and Benefits Act 1992 (which provides for lower and upper earnings limits and primary and secondary thresholds to be specified for each tax year in respect of Class 1 contributions), for the tax year which begins on 6th April 2000 —
a
the lower earnings limit (for primary Class 1 contributions) shall be £67;
b
the upper earnings limit (for primary Class 1 contributions) shall be £535;
c
the primary threshold (for primary Class 1 contributions) shall be £76; and
d
the secondary threshold (for secondary Class 1 contributions) shall be £84.
3
For regulation 8 of the principal Regulations (equivalent amounts) there shall be substituted —
Prescribed equivalents
8
1
The prescribed equivalents of the lower and upper earnings limits and the primary and secondary thresholds, for the purposes of —
a
sections 6(1), 6A(1), 8(1) and 9(1) of the Social Security Contributions and Benefits Act 1992 (which provide for liability for Class 1 contributions, notional payment of primary Class 1 contribution where earnings are not less than the lower earnings limit, the calculation of primary Class 1 contributions and the calculation of secondary Class 1 contributions respectively) , and
b
sections 41(1) and 42A(1) of the Pension Schemes Act 1993 (reduced rates of Class 1 contributions and rebates) ,
shall be determined in accordance with the following provisions of this regulation.
2
Subject to paragraphs (4) and (5) of this regulation, the prescribed equivalents of the lower and upper earnings limits shall be —
a
where the earnings period is a multiple of a week, the amounts calculated by multiplying the lower and upper earnings limits (“the weekly limits”) by the corresponding multiple;
b
where the earnings period is a month, the amounts calculated by multiplying each of the weekly limits by 4⅓
c
where the earnings period is a multiple of a month, the amounts calculated by multiplying each of the weekly limits by 4⅓ and multiplying each result by the corresponding multiple;
d
in any other case, the amounts calculated by dividing each of the weekly limits by 7 and multiplying each result by the number of days in the earnings period concerned.
3
Subject to paragraphs (4) and (5) of this regulation, the prescribed equivalents of the primary and secondary thresholds shall be —
a
where the earnings period is a month, £329 in the case of the primary threshold and £365 in the case of the secondary threshold;
b
where the earnings period is a year, £3,952 in the case of the primary threshold and £4,385 in the case of the secondary threshold;
c
where the earnings period is a multiple of a week, the amounts calculated by dividing the relevant figure in sub-paragraph (b) by 52 and multiplying the result by the corresponding multiple;
d
where the earnings period is a multiple of a month, the amounts calculated by dividing the relevant figure in sub-paragraph (b) by 12 and multiplying the result by the corresponding multiple;
e
in any other case, the amounts calculated by dividing the relevant figure in sub-paragraph (b) by 365 and multiplying the result by the number of days in the earnings period concerned.
4
The amounts determined in accordance with —
a
paragraph (2)(b) and (c) of this regulation, and
b
paragraph (3)(c) and (d) of this regulation,
if not whole pounds, shall be rounded up to the next whole pound.
5
The amounts determined in accordance with —
a
paragraph (2)(d) of this regulation, and
b
paragraph (3)(e) of this regulation,
shall be calculated to the nearest £0.01, and any amount of £0.005 or less shall be disregarded.
4
In regulation 9(1) of the principal Regulations (calculation of earnings-related contributions) paragraph (ii) of sub-paragraph (b) shall be omitted.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
27th January 2000