text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Air Quality Limit Values Regulations 2001 and shall come into force on 19th July 2001.
2
With the exception of regulation 10 which shall apply to the whole of the United Kingdom, these Regulations shall apply to England only.
Definitions
2
In these Regulations —
“agglomeration” means a zone with a population concentration in excess of 250,000 inhabitants, or, where the population concentration is 250,000 inhabitants or less, a population density per km 2 for which the Secretary of State considers that the need for ambient air to be assessed or managed is justified;
“alert threshold” has the meaning given by regulation 8(2);
“ambient air” means outdoor air in the troposphere, excluding work places;
“assessment” means any method used to measure, calculate, predict or estimate the level of a relevant pollutant in the ambient air;
“fixed measurements” means measurements taken at fixed sites either continuously or by random sampling, the number of measurements being sufficiently large to enable the levels observed to be determined;
“level” means the concentration of a relevant pollutant in ambient air;
“limit value” has the meaning given in regulation 3(1);
“lower assessment threshold” has the meaning given in regulation 5(5);
“natural events” means volcanic eruptions, seismic activities, geothermal activities, wild-land fires, high-wind events or the atmospheric resuspension or transport of natural particles from dry regions;
“oxides of nitrogen” means the sum of nitric oxide and nitrogen dioxide added as parts per billion and expressed as nitrogen dioxide in microgrammes per cubic metre;
“PM 2.5 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 2.5 μm aerodynamic diameter;
“PM 10 ” means particulate matter which passes through a size-selective inlet with a 50% efficiency cut-off at 10 μm aerodynamic diameter;
“relevant pollutants” means sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead;
“upper assessment threshold” has the meaning given in regulation 5(5); and
“zone” means a part of the territory of England shown on a map published by the Secretary of State on 19th January 2001, deposited at the offices of the Department for Environment, Food and Rural Affairs, Ashdown House, 123 Victoria Street, London SW1E 6DE and displayed on the Department’s website at http://www.environment.detr.gov.uk .
Duty to ensure that ambient air quality is improved
3
1
The Secretary of State shall take the measures necessary to ensure that throughout England in each zone concentrations of relevant pollutants in ambient air, as assessed in accordance with regulations 4 to 7, do not exceed the limit values set out in Schedule 1 from the dates specified in that Schedule.
2
The measures taken shall —
a
take into account an integrated approach to the protection of air, water and soil;
b
not contravene Community legislation on the protection of safety and health of workers at work; and
c
have no significant negative effects on the environment in the other Member States.
Assessment of ambient air quality
4
The Secretary of State shall ensure that ambient air quality is assessed in each zone in relation to each of the relevant pollutants in accordance with regulations 5 to 7.
Classification of zones
5
1
The Secretary of State shall classify each zone in relation to each of the relevant pollutants according to whether ambient air quality in that zone for that pollutant is required to be assessed by —
a
measurements;
b
a combination of measurements and modelling techniques; or
c
by the sole use of modelling or objective estimation techniques.
2
Measurements must be used to assess ambient air quality in relation to a relevant pollutant in a zone if —
a
the zone is an agglomeration;
b
the levels of that pollutant in the zone are between the relevant limit values and upper assessment thresholds; or
c
the levels of that pollutant in the zone exceed the limit values for that pollutant.
3
A combination of measurements and modelling techniques may be used to assess ambient air quality in any zone in relation to a relevant pollutant where the levels of that pollutant over a representative period are below the relevant upper assessment thresholds.
4
Where the levels of a relevant pollutant in any zone over a representative period are below the relevant lower assessment thresholds, the sole use of modelling or objective estimation techniques for assessing levels of that pollutant is permissible unless —
a
the zone is an agglomeration; and
b
the pollutant being assessed is sulphur dioxide or nitrogen dioxide.
5
The upper and lower assessment thresholds for the relevant pollutants shall be determined in accordance with Schedule 2.
6
Where a zone is classified in relation to a pollutant under paragraph (1)(a), modelling techniques may be used for supplementing the measurements taken in order to provide an adequate level of information on ambient air quality in relation to a relevant pollutant in a zone.
7
The Secretary of State may also designate a zone classified under this regulation in relation to a relevant pollutant as follows.
8
Where the relevant pollutant is sulphur dioxide, the zone may be designated under this paragraph if the limit values are exceeded in the zone owing to concentrations of sulphur dioxide in ambient air due to natural sources.
9
Where the relevant pollutant is PM 10 , the zone may be designated —
a
under this sub-paragraph if due to natural events concentations of PM 10 in the ambient air are significantly in excess of normal background levels from natural sources;
b
under this sub-paragraph if due to the resuspension of particulates following the winter sanding of roads concentrations of PM 10 in the ambient air are significantly in excess of normal background levels from natural sources.
Review of classifications
6
1
The Secretary of State shall review the classification of each zone under regulation 5 at least once in every five years in accordance with Part II of Schedule 2.
2
The Secretary of State shall also review the classification of any zone under regulation 5 in the event of significant changes in activities affecting ambient concentrations in that zone of any of the relevant pollutants.
3
In this paragraph, ‘classification’ includes any designation under regulation 5(7) to (9).
Method of assessment of ambient air quality
7
1
The Secretary of State shall ensure that ambient air quality is assessed in each zone by following the appropriate method for each relevant pollutant in accordance with its current classification.
2
Where a zone is classified under regulation 5(1)(a) or (b) in relation to a relevant pollutant —
a
measurements of that pollutant must be taken at fixed sites either continuously or by random sampling; and
b
the number of measurements must be sufficiently large to enable the levels of that pollutant to be properly determined.
3
Schedule 3 shall have effect for the purposes of determining the location of sampling points for the relevant pollutants.
4
For each zone classified under regulation 5(1)(a) in relation to a relevant pollutant, the Secretary of State shall ensure that the minimum number of fixed sampling points determined in accordance with Schedule 4 is used for sampling the concentrations of that pollutant in that zone.
5
For each zone classified under regulation 5(1)(b) in relation to a relevant pollutant, the Secretary of State shall ensure that the number of fixed sampling points used for sampling that pollutant in that zone, and the spatial resolution of other techniques, shall be sufficient for the concentrations of that pollutant to be established in accordance with Part I of Schedule 3 and Part I of Schedule 5.
6
Reference methods for —
a
the analysis of sulphur dioxide, nitrogen dioxide and oxides of nitrogen;
b
the sampling and analysis of lead; and
c
the sampling and measurement of PM 10 ,
are set out in Schedule 6 and these methods must be used unless other methods are used which the Secretary of State considers can be demonstrated to give equivalent results.
7
The Secretary of State shall ensure that —
a
measuring stations to supply representative data on concentrations of PM 2.5 are installed and operated using methods for the sampling and measurement of PM 2.5 that she considers suitable; and
b
sampling points for PM 2.5 are, where possible, co-located with sampling points for PM 10 .
8
For zones which are classified under regulation 5(1)(b) or (c), the Secretary of State shall ensure that the information set out in Part II of Schedule 5 is compiled.
9
For sulphur dioxide, nitrogen dioxide and oxides of nitrogen measurements of volume must be standardised at a temperature of 293°K and a pressure of 101,3 kPa.
Action plans
8
1
The Secretary of State shall draw up action plans indicating the measures to be taken in the short term where there is any risk of the limit values for any of the relevant pollutants, or the alert thresholds for sulphur dioxide or nitrogen dioxide, being exceeded, in order to reduce that risk and to limit the duration of such an occurence.
2
The alert threshold for sulphur dioxide is set out in paragraph 1.2 of Part I of Schedule 1 and the alert threshold for nitrogen dioxide is set out in paragraph 2.2 of Part II of Schedule 1.
Action to be taken where limit values are exceeded
9
1
The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are higher than —
a
in a case where there is no margin of tolerance shown in Schedule 1 in relation to a limit value, the limit value;
b
in any other case, the limit value plus the margin of tolerance shown in Schedule 1.
2
The Secretary of State shall draw up a list of zones in which the levels of one or more of the relevant pollutants are between the limit value and the limit value plus any margin of tolerance.
3
Subject to paragraphs (6), (8) and (9), the Secretary of State shall draw up for each zone listed under paragraph (1) a plan or programme for attaining the limit values for the pollutants in question within the time limits specified in Schedule 1 and shall ensure that the plan or programme is implemented.
4
The plan or programme shall at least include the information listed in Schedule 7.
5
Where in any zone the level of more that one pollutant is higher than the limit values, an integrated plan covering all the pollutants in question shall be prepared.
6
For any zone designated under regulation 5(8), the Secretary of State may provide that plans or programmes shall only be required under this regulation where the limit values are exceeded owing to man-made emissions.
7
Plans or programmes for PM 10 which are prepared in accordance with this regulation shall also have the aim of reducing concentrations of PM 2.5 .
8
For any zone designated under regulation 5(9)(a), the Secretary of State may provide that plans or programmes shall only be required where the limit values are exceeded owing to causes other than natural events.
9
For any zone designated under regulation 5(9)(b), the Secretary of State may provide that plans or programmes shall only be required where the limit values are exceeded owing to PM 10 levels other than those caused by winter road sanding.
Consultations with other Member States of the European Union
10
1
For the purpose of this regulation, a transboundary pollution issue arises when in any part of the United Kingdom the level of a relevant pollutant exceeds, or is likely to exceed, the limit value plus the margin of tolerance or, as the case may be, the alert threshold following significant pollution in another Member State of the European Union.
2
It shall be the duty of the relevant administration to notify the Secretary of State of any transboundary pollution issue affecting Wales, Scotland or Northern Ireland.
3
The Secretary of State shall consult any other Member State directly concerned with a pollution issue with a view to finding a solution to that issue —
a
when she considers that a transboundary pollution issue has arisen affecting England;
b
on receiving a notification under paragraph (2); or
c
on being notified by any other Member State that the limit value or alert threshold for any relevant pollutant may be exceeded in that Member State as a result of pollution originating in any part of the United Kingdom.
4
In any case which appears to her to affect Wales, Scotland or Northern Ireland respectively, the Secretary of State shall —
a
inform the relevant administration of any notification made under paragraph (3)(c); and
b
consult the relevant administration about any action which she proposes to take.
5
The Commission may be present at any consultations conducted under paragraph (3).
6
In this regulation, ‘relevant administration’ means —
a
the National Assembly for Wales for matters affecting Wales;
b
Scottish Ministers for matters affecting Scotland; and
c
Northern Ireland Ministers for matters affecting Northern Ireland.
Extension of power to give directions relating to air quality
11
1
For the purposes of the implementation of any obligations of the United Kingdom under Council Directive 96/62/ EC on ambient air quality assessment and management and Council Directive 99/30/EC relating to limit values for sulphur dioxide, nitrogen dioxide and oxides of nitrogen, particulate matter and lead in ambient air —
a
the Secretary of State shall have the same power to give directions to local authorities in Greater London and the Mayor of London; and
b
the Mayor of London shall have the same power to give directions to local authorities in Greater London,
as the Secretary of State has under section 85(5) of the Environment Act 1995 in relation to local authorities in England outside Greater London.
2
The provisions of subsections (6), (6A) and (7) of section 85 of the Environment Act 1995 shall apply to directions given under this regulation as they apply to directions given under that section, and in the case of subsection (7) as if the Mayor of London were a local authority.
Zones where the levels are lower than the limit value
12
1
The Secretary of State shall draw up a list of zones in which the levels of the relevant pollutants are below the limit values.
2
The Secretary of State shall ensure that the levels of the relevant pollutants in these zones are maintained below the limit values and shall endeavour to preserve the best ambient air quality compatible with sustainable development.
Public information
13
1
The Secretary of State shall ensure that up-to-date information on ambient concentrations of each of the relevant pollutants is routinely made available to the public.
2
Information on ambient concentations of sulphur dioxide, nitrogen dioxide and particulate matter shall be updated —
a
in the case of hourly values for sulphur dioxide and nitrogen dioxide, where practicable on an hourly basis;
b
in all other cases, as a minimum on a daily basis.
3
Information on ambient concentrations of lead shall be updated on a three-monthly basis.
4
Information made available under paragraph (1) shall include —
a
an indication of the extent to which limit values and alert thresholds for relevant pollutants have been exceeded over the averaging periods specified in Schedule 1; and
b
a short assessment of those exceedances and their effects on health.
5
When an alert threshold is exceeded, the Secretary of State shall ensure that the necessary steps are taken to inform the public, and the information made available shall as a minimum include the information specified in paragraphs 1.3 of Part I and 2.3 of Part II of Schedule 1.
6
Information to be made available to the public under this regulation shall include the map mentioned in the definition of “zone” in regulation 2 and action plans, plans and programmes prepared under regulations 8 and 9 respectively.
7
For the purposes of this regulation, the public includes, but is not limited to, health care bodies and organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment.
8
Information made available under this regulation shall be clear, comprehensible and accessible.
Revocations of Air Quality Standards Regulations 1989 and transitional provisions
14
1
The Air Quality Standards Regulations 1989 , insofar as they apply to England, are hereby revoked as follows.
2
Regulation 2(1) (limit values for sulphur dioxide and suspended particulates) and regulation 4(1) (limit value for lead in air) shall be revoked with effect from 1st January 2005.
3
Regulations 3 (measurement of sulphur dioxide and suspended particulates), 5 (measurement of lead in air) and 7 (measurement of nitrogen dioxide in the atmosphere) shall be revoked.
4
Regulation 6 (limit value for nitrogen dioxide in the atmosphere) shall be revoked with effect from 1st January 2010.
5
From 19th July 2001 until 1st January 2005, if the methods prescribed by these regulations for the assessment of suspended particulate matter are used for the purpose of demonstrating compliance with Annex IV Directive 80/779/ EEC of 15th July 1980 on air quality limit values and guide values for suspended particulates , the data so collected shall be multiplied by a factor of 1.2.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
25th June 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Barnet 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 Barnet 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, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive, Director of Finance, Director of Nursing and Director of Health Improvement of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Barnet 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 Barnet 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 Barnet Community 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
John Denham
Minister of State,
Department of Health
5th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hastings and St Leonards Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Hastings and St Leonards 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 Hastings and St Leonards 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, 4 officer members and 4 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
1 person 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 East Sussex, Brighton and Hove 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 East Sussex, Brighton and Hove 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 Hastings and Rother 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
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
5th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Day Care and Child Minding (Inspections) (Prescribed Matters) (England) Regulations 2001.
2
These Regulations shall come into force on 1st September 2001.
3
These Regulations extend to England only.
Interpretation
2
In these Regulations, “ the Act ” means the Children Act 1989.
Prescribed interval for inspection of premises
3
The prescribed interval for the purposes of section 79Q(2) and (3) of the Act (duty on the Chief Inspector to secure that child minding provided in England, and day care provided on premises in England, by a registered person is inspected by a registered inspector at prescribed intervals) is two years.
Prescribed period for making a report to the Chief Inspector
4
1
The prescribed period for the purposes of section 79R(1) of the Act (the period within which the person who has conducted an inspection under section 79Q must report to the Chief Inspector) is 25 days beginning on the day following that on which the inspection is completed.
2
For the purpose of calculating the period prescribed by paragraph (1), no account shall be taken of any day which is a Saturday, Sunday, Good Friday, or Christmas Day or any day which is a bank holiday in England under the Banking and Financial Dealings Act 1971 .
Prescribed authorities and persons in relation to the copying of reports
5
For the purpose of section 79R(3)(b) of the Act, (authorities or persons to whom the Chief Inspector shall send a copy of the report or of parts of the report), —
a
the prescribed authority is the local authority for the area in which the child minding or day care which is the subject of the report is provided; and
b
the prescribed person is the registered person whose provision of child minding or day care is the subject of the report.
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
27th July 2001


text:
Citation, commencement and transitional provisions
1
These Rules may be cited as the Family Proceedings Courts (Family Law Act 1986) Rules 2001 and shall come into force on 1st April 2001.
2
These Rules shall apply to proceedings begun on or after 1st April 2001.
Amendment of Family Proceedings Courts (Child Support Act 1991) Rules
3
In rule 4 of the Family Proceedings Courts (Child Support Act 1991) Rules 1993 —
a
in paragraph (1), delete “and an application under section 27 of the Act of 1991 (reference to the court for declaration of parentage)”;
b
delete paragraph (3);
c
in paragraph (4), for “sections 20 or 27” substitute “section 20”.
Amendment of Family Proceedings Courts (Matrimonial Proceedings etc. ) Rules
4
The Family Proceedings Courts (Matrimonial Proceedings etc.) Rules 1991 shall be amended in accordance with the following provisions of these Rules and in those provisions any reference to a Part, rule or Schedule by number alone shall be construed as a reference to the Part, rule or Schedule so numbered in the said Rules of 1991.
5
In the heading to Part II, after “DOMESTIC PROCEEDINGS AND MAGISTRATES COURTS ACT 1978” insert “, PROCEEDINGS UNDER SECTION 55A OF THE FAMILY LAW ACT 1986 ”.
6
In rule 2 —
a
in paragraph (1), for “the Act or, as the case may be, the Family Law Act 1996” substitute “the Act, the Family Law Act 1986 or the Family Law Act 1996, as the case may be”;
b
in paragraph (2), for “in the Act or, as the case may be, in the Family Law Act 1996” substitute “in the Act, the Family Law Act 1986 or the Family Law Act 1996, as the case may be”.
7
After rule 3A, insert the following new rule —
Applications under section 55A of the Family Law Act 1986
3B
1
An application for a declaration of parentage under section 55A of the Family Law Act 1986 shall be made in Form FL 423.
2
An application in Form FL 423 shall be supported by a statement which is signed and is declared to be true. Provided that if the applicant is under the age of 18, the statement shall, unless otherwise directed, be made by his next friend.
3
A statement under paragraph (2) may contain statements of information or belief with the sources and grounds thereof.
4
Within 14 days of service of the application the respondent shall file and serve on the parties an answer to the application in Form FL 423.
5
Where the respondent or one of the respondents is a child, the justices' clerk or the court may at any stage in the proceedings appoint a guardian ad litem, but only if it considers that such an appointment is necessary to safeguard the interests of the child.
6
The justices' chief executive shall send a copy of the application and every document accompanying it and of any answer to the Attorney General if he has notified the court that he wishes to intervene in the proceedings.
7
When all answers to the application have been filed the applicant shall issue and serve on all respondents to the application a request for directions for the conduct of the proceedings, including directions as to any other persons who should be made respondents to the application or given notice of the proceedings.
8
When giving directions in accordance with paragraph (7) the court shall consider whether it is desirable that the Attorney General should argue before it any question relating to the proceedings, and if it does so consider and the Attorney General agrees to argue that question —
i
the justices' chief executive shall send a copy of the application and every document accompanying it and of any answer to the Attorney General;
ii
the Attorney General need not file an answer; and
iii
the court shall give him directions requiring him to serve on all parties to the proceedings a summary of his argument.
9
Persons given notice of proceedings pursuant to directions given in accordance with paragraph (7) shall within 21 days after service of the notice upon them be entitled to apply to the court to be joined as parties.
10
The Attorney General may file an answer to the application within 21 days after directions have been given in accordance with paragraph (7) and no directions for the hearing shall be given until that period and the period referred to in paragraph (9) have expired.
11
The Attorney General, in deciding whether it is necessary or expedient to intervene in the proceedings, may have a search made for, and may inspect and obtain a copy of, any document filed in the court offices which relates to any other family proceedings referred to in the proceedings.
12
Where the justices' clerk or the court is considering whether or not to transfer proceedings under section 55A of the Family Law Act 1986 to another court, rules 6, 14(2)(h), (4) and (11) and 32 of the Family Proceedings Courts (Children Act 1989) Rules 1991 shall apply as appropriate.
13
A declaration made in accordance with section 55A of the Family Law Act 1986 shall be in form FL 424.
14
The prescribed officer for the purposes of section 55A(7) of the Family Law Act 1986 shall be the justices' chief executive, who shall, within 21 days after a declaration of parentage has been made, send to the Registrar General a copy of the declaration and of the application.
.
8
In Schedule 1, after Form FL 422 insert the Forms set out in the Schedule to these Rules.
Irvine of Lairg , C.
Dated 6th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education Maintenance Allowance and School Access Funds (England) Grants Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“advanced education” means full-time education for the purposes of —
a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma of the Business and Technician Education Council or the Scottish Vocational Education Council, or a teaching qualification; or
any other course which is of a standard above ordinary national diploma, a national diploma of the Business and Technician Education Council, a national certificate of the Scottish Vocational Education Council, a general certificate of education (advanced level), a Scottish certificate of education (higher grade) or a Scottish certificate of Sixth Year Studies;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“determine” means determine by notice in writing;
“education authority” means a local education authority; and
“financial year” means a period of 12 months beginning on 1st April.
Payment of grant
3
1
Subject to paragraph (2), the Secretary of State may pay grant to an education authority in respect of expenditure incurred by it for or in connection with the provision of financial assistance to students over compulsory school age who are in education other than for the purposes of advanced education.
2
The Secretary of State may only pay grant under this regulation to the extent to which the expenditure in respect of which the grant is to be paid, incurred or to be incurred in any financial year, is approved for that financial year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes; and
b
that expenditure by the recipient of the payments or any part thereof would be within regulation 3(1) above if it were expenditure by the authority,
such payments shall to that extent be treated as eligible expenditure within regulation 3(1) for the purposes of these Regulations.
Rate of grant
5
Grant shall be payable at the rate of 100 per cent. of approved expenditure.
Conditions for payment of grant
6
1
An education authority shall, when requested by the Secretary of State, inform him of the approved expenditure which has been or which it is estimated will be incurred by the education authority during the course of the financial year.
2
Each education authority that has received or seeks to receive a payment of grant under these Regulations in respect of expenditure incurred during any financial year shall, before 1st October in the following financial year or as soon as practicable after that date —
a
submit to the Secretary of State a statement which shall specify the amount and the nature of the approved expenditure which has been incurred during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of sections 5, 6 and 7 of the Audit Commission Act 1998 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 484.
3
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph 2(b) above shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant under these Regulations to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no grant shall be payable under these Regulations unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.
Requirements to be complied with
8
Any education authority to whom a payment of grant has been made under these Regulations shall, if so required by the Secretary of State, furnish him with such further information as may be required to enable him to verify that any grant paid has been properly paid under these Regulations.
9
1
Any education authority to whom a payment of grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may in particular include requirements as to —
a
the repayment of grant paid under these Regulations;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of grant under these Regulations; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which grant has been paid under these Regulations; or
c
the payment of interest on sums due to the Secretary of State.
Tessa Blackstone
Minister of State,
Department for Education and Employment
6th March 2001


text:
Title, commencement and saving
1
1
These Regulations may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 Amendment Regulations 2001 and shall come into force on 1st January 2002.
2
The revocation by regulation 5 of these Regulations of article 4(2) of the Order shall not affect its application in proceedings (whenever occurring) for an offence alleged to have been committed before the coming into force of these Regulations.
Interpretation
2
1
In these Regulations “the Order” means the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 .
2
Expressions used in provisions inserted by these Regulations into the Order shall be interpreted in the same way as if they had been so inserted by an order made under section 30(2) of the Fisheries Act 1981 .
Amendment of the Order
3
In article 2(1) (interpretation) of the Order the following sub-paragraph shall be inserted immediately after the definition of “Scottish zone” —
“weekday” means a day other than a Saturday, Sunday or public holiday
.
4
1
Article 3 (satellite tracking of fishing boats) of the Order is amended as follows.
2
In paragraph (3), sub-paragraph (b) shall be deleted and immediately after sub-paragraph (a) there shall be inserted —
and
b
subject to paragraphs (4) and (6), be maintained fully operational,
.
3
For paragraph (4) there shall be substituted the following paragraphs —
4
Without limiting the generality of paragraph (3)(b), a satellite tracking device shall not be regarded as fully operational for the purpose of that sub-paragraph during any time when it is failing to operate in accordance with paragraph (5).
5
A satellite tracking device installed on a fishing boat to which this article applies shall transmit the required information, in the format prescribed by Annex II to Regulation 1489/97, to a Fisheries Monitoring Centre —
a
where the satellite tracking device is capable of being polled —
i
at least every two hours; or
ii
in a case for which a longer maximum interval is specified in Annex I to Regulation 1489/97, at intervals no longer than that maximum; or
b
where the satellite tracking device is not capable of being polled, at least hourly.
6
Neither of the following circumstances shall be treated as giving rise to a breach of the requirement in paragraph (3)(b) —
a
where the device is switched off under the conditions permitted by Annex I to Regulation 1489/97 (stay in port of more than 48 hours, provided the next report is from the same position as the previous one);
b
where the device is subject to a technical failure or non-function within the meaning of Article 6.2 of Regulation 1489/97 during a time when the fishing boat is either in port or in the course of a fishing trip authorised by that Article.
7
Throughout any time when —
a
a relevant British fishing boat or a Scottish fishing boat to which this article applies is not in port, and
b
the satellite tracking device installed on the boat is failing for any reason to operate in accordance with paragraph (5),
without prejudice to Article 6.1 of Regulation 1489/97 (requirement to communicate information to flag state and, if appropriate, coastal state monitoring centres by other means at least every 24 hours), the required information shall be communicated to the Fisheries Monitoring Centre of the United Kingdom by one of the means specified in that Article at least every two hours.
.
5
Article 4(2) (offences) of the Order is revoked.
6
In article 5(1) (penalties) of the Order in place of “or (4)” there is inserted “or (7)”.
7
1
Article 7 (powers of British sea-fishery officers in relation to fishing boats) of the Order is amended as follows.
2
In paragraph (1), for “to (4)” there shall be substituted “to (8)”.
3
After paragraph (4) there shall be inserted —
5
Where it appears to a British sea-fishery officer that the satellite tracking device on a relevant British fishing boat or a Scottish fishing boat failed, at a time when the boat was not in port, to operate in accordance with article 3(5) of this Order he may, subject to paragraph (7), at any time when the boat is in port serve on the master or the owner a notice under paragraph (6).
6
The notice referred to in paragraph (5) is a notice which —
a
requires the boat to be detained in port from the time of service of the notice until the expiry of the specified monitoring period; and
b
requires that throughout the specified monitoring period the device shall be set (as nearly as its condition allows) so as to transmit the required information to the Fisheries Monitoring Centre of the United Kingdom —
i
in the case of a device designed to be capable of being polled, at least every two hours; and
ii
in the case of a device not so designed, at least every hour.
7
A notice under paragraph (6) shall not be served later than 30 days after the day on which it appears to the British sea-fishery officer that the satellite tracking device last failed to operate in accordance with article 3(5) of this Order.
8
In this article —
a
in paragraphs (5) and (7) the reference to article 3(5) of this Order includes a provision to the same effect made by an order which extends to Scotland or applies to fishing boats within the territorial sea adjacent to Wales;
b
in paragraph (6) “the specified monitoring period” means a period of 24 hours which is specified in the notice (which period shall not begin later than 9.00 a.m. on the weekday next following the day on which the notice is served).
.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
19th November 2001


text:
Citation, commencement, and extent
1
1
These Regulations may be cited as the National Assistance (Residential Accommodation) (Additional Payments and Assessment of Resources) (Amendment) (England) Regulations 2001, and shall come into force on 24th October 2001.
2
These Regulations extend to England only
Interpretation
2
1
In these Regulations —
“the 2001 Act ” means the Health and Social Care Act 2001;
“ the Act ” means the National Assistance Act 1948;
“the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 ;
“ the Directions ” means the National Assistance Act 1948 (Choice of Accommodation) Directions 1992 ;
“lower capital limit” means the lower of the two capital amounts specified in regulation 28 of the Assessment Regulations ;
“preferred accommodation” means Part 3 accommodation at the place of the resident’s choice within England and Wales as indicated by the resident, in accordance with paragraph 2 of the Directions;
“relevant liable relative” means a person who is liable under section 42 of the Act to maintain the resident and is making maintenance contributions;
“relevant preferred accommodation” means preferred accommodation which meets the conditions in paragraph 3(a), (c) and (d) of the Directions, but where the cost of providing the resident with that preferred accommodation would require the local authority to pay more than that authority would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of that resident;
“relevant resident” means a resident —
to whom paragraph 1A of Schedule 4 to the Assessment Regulations (the twelve week property disregard) applies; or
who has entered into, or agreed to enter into, a deferred payment agreement with the local authority, as provided for in section 55 of the 2001 Act; and
“resident” means a person whom the local authority has assessed under section 47 of the National Health Service and Community Care Act 1990 as needing accommodation pursuant to section 21 of the Act (whether or not that person has become a resident in such accommodation).
2
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number; and
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Additional Payments
3
1
Regulation 4 applies if a resident has indicated that he wishes to be accommodated in relevant preferred accommodation.
2
Regulation 4 does not apply to any arrangements made under paragraph 4 of the Directions prior to 1st October 2001.
4
1
A local authority shall provide a resident with relevant preferred accommodation in the following circumstances —
a
if a third party other than a relevant liable relative agrees to make the additional payments; or
b
in the case of a relevant resident, if it is agreed that the additional payments will be made by one or both of the following persons —
i
a third party other than a relevant liable relative, and
ii
the resident himself, from any resource or combination of resources specified in paragraph (2)
and each person can reasonably be expected to make those additional payments for the duration of the arrangements.
2
The resources referred to in paragraph (1)(b)(ii) are —
a
in the case of a resident who is a relevant resident by virtue of paragraph (a) or (b) of the definition of that term in regulation 2(1), any income or capital disregarded under Schedule 2, 3 or 4 to the Assessment Regulations, except capital disregarded under paragraph 1A of Schedule 4;
b
in the case of a resident who is a relevant resident by virtue of paragraph (a) only of that definition, capital not exceeding the lower capital limit; and
c
in the case of a resident who is a relevant resident by virtue of paragraph (b) only of that definition, any capital exceeding the lower capital limit, which may include the value of the resident’s property which he occupies or formerly occupied as his only or main home, provided that if any additional payments are to be made from the value of that property they will form part of the relevant contributions under the deferred payment agreement.
Amendment of the Assessment Regulations
5
1
After regulation 16 of the Assessment Regulations, there shall be inserted the following regulation —
Additional Payments
16A
1
An amount equivalent to any additional payments made or due to be made by a resident from resources specified in paragraph (2) shall be treated as part of the income of the resident.
2
The resources specified for the purposes of paragraph (1) are the resources specified in regulation 4(2) of the National Assistance (Residential Accommodation) (Additional Payments and Assessment of Resources) (Amendment) (England) Regulations 2001 (additional payments from specified resources of relevant residents), except in a case falling within sub-paragraph (c) of that paragraph of that regulation where the additional payments are to be made from the value of the resident’s property which he occupies or formerly occupied as his only or main home.
2
After paragraph (3) of regulation 28 of the Assessment Regulations, there shall be inserted the following paragraph —
4
For the purposes of paragraph (1), where a resident makes additional payments as provided for in regulation 4(2)(b) of the National Assistance (Residential Accommodation) (Additional Payments and Assessment of Resources) (Amendment) (England) Regulations 2001 (additional payments from capital not exceeding the lower capital limit), the resident is to be treated as possessing capital equivalent to the amount of any additional payments.
Revocation
6
The National Assistance (Residential Accommodation) (Additional Payments) (England) Regulations 2001 are hereby revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith,
Minister of State
Department of Health
19th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eden Valley Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Eden Valley 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 Eden Valley Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North Cumbria Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Cumbria 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 North Lakeland 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
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Controllers) (Exemption) (No. 2) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
2
In this Order —
“the Act” means the Financial Services and Markets Act 2000;
“associate” has the meaning given by section 422(4) of the Act;
“authorised building society” means a building society (within the meaning of the Building Societies Act 1986 ) which is a UK authorised person for the purposes of Part XII of the Act ;
“capital”, in relation to an authorised building society, consists of the following —
any shares of a class defined as deferred shares for the purposes of section 119 of the Building Societies Act 1986 which have been issued by that society; and
the general reserves of that society.
Acquiring and increasing control over an authorised building society
2
1
In any case where a person (“the acquirer”) —
a
proposes to take a step which would result in his —
i
acquiring control over an authorised building society in the case mentioned in paragraph (a) of subsection (2) of section 179 of the Act (holding of 10% or more of the shares), or
ii
acquiring an additional kind of control over such a society of the kind mentioned in paragraph (a) of subsection (4) of that section (holding of shares), or
b
without himself taking any such step, has acquired such control or such an additional kind of control over such a society,
the acquirer is exempt from any obligation imposed by section 178 of the Act to notify the Authority of his proposal or his acquisition unless paragraph (2) applies.
2
This paragraph applies if the proposed step would result in the acquirer holding, or the acquirer holds, a holding of 10% or more of the capital of that authorised building society.
3
In paragraph (2), “acquirer” means —
a
the acquirer;
b
any of the acquirer’s associates; or
c
the acquirer and any of his associates.
4
In any case where a controller of an authorised building society —
a
proposes to take a step which would result in his acquiring an increase of his control over that society in the circumstances mentioned in paragraph (a) of subsection (1) of section 180 of the Act (increase in percentage of shares), or
b
without himself taking any such step, has acquired increased control over that society in those circumstances,
the controller is exempt from any obligation imposed by section 178 of the Act to notify the Authority of his proposal or his acquisition unless paragraph (5) applies.
5
This paragraph applies if the proposed step would result in the controller increasing, or the controller has increased, his holding of the capital of that authorised building society by any of the steps mentioned in section 180(2) of the Act.
6
In paragraph (5), “controller” means —
a
the controller;
b
any of the controller’s associates; or
c
the controller and any of his associates.
Reducing control over an authorised building society
3
1
In any case where a controller of an authorised building society —
a
proposes to take a step which would result in his ceasing to have control of the kind mentioned in paragraph (a) of subsection (4) of section 179 of the Act (holding of shares) over that society, or
b
without himself taking any such step, has ceased to have such control,
the controller is exempt from any obligation imposed by section 190 of the Act to notify the Authority of his proposal or that cessation unless paragraph (2) applies.
2
This paragraph applies if the proposed step would result in the controller ceasing, or the controller has ceased, to hold 10% or more of the capital of that authorised building society.
3
In any case where a controller of an authorised building society —
a
proposes to take a step which would result in his reducing his control over that society in the circumstances mentioned in paragraph (a) of subsection (1) of section 181 of the Act (decrease in percentage of shares), or
b
without himself taking any such step, has reduced his control in those circumstances,
the controller is exempt from any obligation imposed by section 190 of the Act to notify the Authority of his proposal or that reduction unless paragraph (4) applies.
4
This paragraph applies if the proposed step would result in the controller reducing, or the controller has reduced, his holding of the capital of that authorised building society by any of the steps mentioned in section 181(2) of the Act.
5
In paragraphs (2) and (4), “controller” means —
a
the controller;
b
any of the controller’s associates; or
c
the controller and any of his associates.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit) Amendment Regulations 2001 and shall come into force on 25th April 2001.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
1
The Social Security (Incapacity Benefit) Regulations 1994 are amended in accordance with the following paragraphs of this regulation.
2
In paragraph (2)(a) of regulation 2B (relaxation of the first contribution condition in certain cases), for “relevant tax year” substitute “last complete tax year”.
3
In regulation 15 (age exception — persons aged 20 and under 25) —
a
in paragraph (2)(b), for “in a period” substitute “in respect of a period”; and
b
for paragraph (3)(b), substitute the following —
b
ended no earlier than the beginning of the last two complete tax years before the benefit year which would have governed a claim for incapacity benefit under section 30A(1)(a) of the Contributions and Benefits Act had he been eligible for it.
.
4
In paragraph (3)(b) of regulation 18 (circumstances in which a previous claimant who does not satisfy the age condition becomes entitled) —
a
after “earnings” where it first occurs, insert “factor”; and
b
for “were” substitute “was”.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
30th March 2001


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Gatwick Express Class 460 Vehicles) Exemption Order 2001 and shall come into force on 31st March 2001.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 and any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations.
3
This order applies to the rail vehicles which are numbered 67901 to 67908, 67911 to 67918, 74401 to 74408, 74411 to 74418, 74421 to 74428, 74431 to 74438, 74441 to 74448 and 74451 to 74458 and which form the electrical multiple-units numbered 460001 to 460008 of the class known as “Class 460” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by Gatwick Express Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(2), but only in so far as it relates to the emission of warning sounds outside the exempted vehicle;
b
regulation 5(1)(a) and, in so far as it relates to doors in the ends of exempted vehicles, (c);
c
subject to paragraph (3) below, regulation 5(1)(b), but only in so far as it relates to doors in the ends of exempted vehicles and only in so far as it relates to the maximum force in newtons required to operate the door control;
d
regulation 6(1)(d);
e
regulation 8(3), but only to the extent specified in paragraph (4) below;
f
regulation 10(1)(b), but only in so far as it relates to the height of the bottom edge of the coloured marking measured from the floor;
g
regulation 11(1)(a), but only in so far as it specifies as a minimum for the lower point for fitting a handrail of not more than 700 millimetres above the floor;
h
regulation 11(2)(c), but only in so far as it relates to a handrail at the short draught-screen in the vestibule adjacent to a wheelchair space;
i
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are inside the passenger saloon;
j
regulation 15(3), but subject to the condition specified in paragraph (5) below;
k
regulation 18(1);
l
regulation 20(1)(d) and (e); and
m
regulation 20(1)(f), but subject to the condition specified in paragraph (6) below.
3
The exemption given by paragraph (2)(c) above in relation to regulation 5(1)(b) shall apply to an exempted vehicle only while —
a
the maximum amount of force required to operate a door control does not exceed 40 newtons; and
b
the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is reasonably available to assist a disabled person.
4
The exemption given by paragraph (2)(e) above in relation to regulation 8(3) shall extend only to the following seat specifications —
a
in respect of priority seats in the exempted vehicles which are numbered 67901 to 67908, all the dimensions shown in diagrams B1, B2, B3 and B4 other than the 1250 millimetres minimum clear headroom shown in diagrams B2, B3 and B4;
b
in respect of priority seats in the other exempted vehicles —
i
in diagrams B2, B3 and B4, the vertical distance of 430 to 460mm specified for the distance between the passenger compartment floor and the highest point of the seat cushion;
ii
in diagram B2, the 600mm horizontal distance between facing seats;
iii
in diagram B3 the 680mm horizontal distance specified between the rear of the seat cushion and the back of the seat in front, and the 230mm horizontal distance specified for the clear space between seats; and
iv
in diagram B4, the 230mm minimum horizontal distance between either side of the table and the fronts of the seats adjacent to that table.
5
The exemption given by paragraph (2)(j) above in relation to regulation 15(3) shall apply only where a train consists of 8 to 11 exempted vehicles and there are not less than 2 wheelchair spaces in that train.
6
The exemption given by paragraph (2)(m) above in relation to regulation 20(1)(f) is given on the condition that, until a handrail compliant with regulation 20(1)(f) is installed, no other hinged handrail is installed to the side of the toilet in the nearest toilet cubicle to a wheelchair space.
5
1
The exemption given in respect of regulation 4(2) shall cease at the end of 31st December 2001.
2
The exemption given in respect of regulations 5(1)(a), 6(1)(d), 11(1)(a), 11(2)(c) and 20(1)(d) and (e) shall cease at the end of 28th April 2011.
3
The exemption given in respect of regulation 5(1)(b) shall cease at the end of 28th April 2011.
4
The exemption given in respect of regulation 5(1)(c) shall cease —
a
at the end of 28th April 2011; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in all the doorways inside, and in both ends of, that vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
5
The exemption given in respect of regulation 8(3) shall cease —
a
in relation to the specifications described in article 4(4)(a) above at the end of 28th April 2011;
b
in relation to the specifications described in article 4(4)(b)(i) above —
i
at the end of 28th April 2011, or
ii
in respect of an exempted vehicle in which all the seats are replaced before that date, when such replacement is completed;
c
in relation to the specifications mentioned in article 4(4)(b)(ii), (iii) and (iv) above at the end of 31st December 2001.
6
The exemption given in respect of regulation 10(1)(b) shall cease —
a
at the end of 28th April 2011; or
b
in respect of an exempted vehicle in which all the doors in the ends of the vehicle are replaced before that date, when such replcement is completed.
7
The exemption given in respect of regulation 13(7) shall cease at the end of 30th September 2004.
8
The exemption given in respect of regulation 15(3) shall cease at the end of 31st March 2005.
9
The exemption given in respect of regulation 18(1) shall cease at the end of 30th June 2001.
10
The exemption given in respect of regulation 20(1)(f) shall cease at the end of 31st August 2001.
6
The authorisation shall cease forthwith in respect of an exempted vehicle —
a
which is operated by a person other than Gatwick Express Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
which is operated on any route other than a route between Gatwick Airport station and a railway terminus in London via East Croydon station.
7
The Orders specified in the Schedule to this Order are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th March 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment (No. 2) (England) Regulations 2001 and shall come into force on
2
In these Regulations —
“the principal Regulations ” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2001 .
3
These Regulations extend to England only.
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), in the appropriate place, insert the following definitions —
“Care Trust” means a Primary Care Trust designated as a Care Trust pursuant to section 45(1) of the Health and Social Care Act 2001;
;
“Primary Care Trust” includes a Care Trust;
;
“relevant local authority” means a local authority which is a party to LA delegation arrangements with the Primary Care Trust.
.
Amendment of regulation 2 of the principal Regulations
3
1
Regulation 2 of the principal Regulations (membership of Primary Care Trusts) shall be amended as follows.
2
At the beginning of paragraph (3), insert “Subject to paragraph (3A),”.
3
After paragraph (3), insert the following paragraph —
3A
The non-officer members of a Care Trust shall include at least one member of each relevant local authority, appointed by the Secretary of State following nomination by that authority.
.
4
In sub-paragraph (c) of paragraph (4), omit “, but not more than 4 persons,”.
5
After sub-paragraph (c) of paragraph (4), insert the following paragraph —
d
in the case of a Care Trust, at least one person, appointed by the chairman and non-officer members, who has experience of the health-related functions of local authorities.
.
6
In paragraph (10), after “Subject to”, insert “paragraph (10A) and”.
7
After paragraph (10) insert the following paragraph —
10A
A non-officer member mentioned in paragraph (3A) shall not be appointed for a period exceeding his remaining term of office as a member of the local authority.
.
Amendment of regulation 3 of the principal Regulations
4
1
Regulation 3 of the principal Regulations (termination of tenure of office and suspension of officer members) shall be amended as follows.
2
At the beginning of paragraphs (3), (4), (6) and (7), insert “Subject to paragraph (9),”.
3
In paragraphs (3), (4) and (6), after “regulation 2(4)(c)”, insert “or (d)”.
4
At the end of paragraph (5), insert “and, in the case of a Care Trust, shall also so notify each relevant local authority.”
5
After paragraph (8), insert the following paragraph —
9
In the case of a Care Trust a member’s tenure of office shall not be terminated under this regulation unless each relevant local authority has been consulted.
.
Amendment of regulation 4 of the principal Regulations
5
1
Regulation 4 of the principal Regulations (termination of tenure of office: chairman and non-officer members) shall be amended as follows.
2
At the beginning of paragraphs (4), (5) and (7), insert “Subject to paragraph (10),”.
3
After paragraph (7), add the following paragraphs —
8
Where a relevant local authority notifies the Secretary of State in writing that it no longer wishes a relevant member to continue as a member of the trust the Secretary of State shall forthwith terminate the tenure of office of that member.
9
In paragraph (8) a relevant member means a non-officer member nominated by the authority in accordance with regulation 2(3A).
10
In the case of a Care Trust, a non-officer member’s tenure of office shall not be terminated under paragraph (4), (5) or (7) unless each relevant local authority has been consulted.
11
If the chairman or a non-officer member of a Care Trust who is a member of a local authority is suspended from being a member of that authority by virtue of a decision of a case tribunal made under section 79 of the Local Government Act 2000 he shall be suspended from performing his functions as a member of the Care Trust for the period of the suspension.
.
Amendment of regulation 5 of the principal Regulations
6
1
Regulation 5 of the principal Regulations (disqualification for appointment: chairman and non-officer members) shall be amended as follows.
2
In paragraph (1) —
a
in sub-paragraph (c), after “health service body”, insert “, or if the trust is a Care Trust, with a local authority”; and
b
after sub-paragraph (i), add the following sub-paragraph —
j
in the case of a Care Trust, he is employed by a local authority.
.
Amendment of Schedule 2 to the principal Regulations
7
In Schedule 2 to the principal Regulations (rules as to meetings and proceedings of Primary Care Trusts), paragraph 6 shall be amended as follows —
a
at the end of sub-paragraph (a), insert the word “and”; and
b
for sub-paragraph (b), substitute the following —
b
those present include —
i
in the case of a trust which is not a Care Trust, at least one non-officer member and one officer member, or
ii
in the case of a Care Trust, at least two non-officer members, one of whom is a member mentioned in regulation 2(3A), and at least one officer member.
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
27th November 2001


text:
1
This Order may be cited as the A10 London–Cambridge–King’s Lynn Trunk Road (M11 Junction 11 to A505 Royston Hertfordshire) Detrunking Order 2001 and shall come into force on 1st May 2001.
2
In this Order —
i
“the plan” means the plan numbered L306GB/401/A10/5, marked “The A10 London–Cambridge–King’s Lynn Trunk Road (M11 Junction 11 to A505 Royston Hertfordshire) Detrunking Order 2001” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Room G44, St Christopher House, Southwark Street, London SE1 0TE;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A10 trunk road.
3
From the date when this Order comes into force the length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W S C Wadrup
A Divisional Director in The Highways Agency
14th February 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (District of Dover) Order 2001 and shall come into force on 23rd January 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the District of Dover with the exception of the following roads:
a
the A2 trunk road for its whole length in the District including all its on and off slip roads;
b
that section of the A20 trunk road including all its on and off slip roads from its junction with the District boundary to its junction with the A2 trunk road other than the spur formed by:
i
the road known as The Viaduct which leads from Limekiln Roundabout to Lord Warden Square; and
ii
Lord Warden Square;
c
that section of the A256 road from its junction with the A2 trunk road to its junction with the C562 road;
d
the privately managed road within the Port of Dover area known as Union Street from its junction with the Prince of Wales Roundabout to its termination at the entrance to the Western Docks;
e
the privately managed road within the Port of Dover area known as Strond Street from its junction with the Prince of Wales Roundabout to its termination adjacent to Union Quay.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd January 2001


text:
Citation and Commencement
1
This order shall be cited as the East Brighton Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“East Brighton Education Action Zone” means the Education Action Zone established by the East Brighton Education Action Zone Order 1998 .
Extension of the East Brighton Education Action Zone Order 1998
3
The East Brighton Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the East Brighton Education Action Zone Order 1998
4
There shall be inserted after article 9 of the East Brighton Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(1)(a), (b) or (c), (d), (i), (k), if that person no longer appears to represent the interests of the businesses, further or higher education sectors in the area served by the zone schools, non-business sectors, health sector, parents in the area served by zone schools, or art organisations working in partnership in the zone, as the case may be; and
e
in the case of a member appointed pursuant to article 5(j), or (l) if that person no longer appears to the Forum to represent the teachers and support staff’s professional associations or to further the objects of the zone, as the case may be.
5
1
The East Brighton Education Action Zone Order 1998 is varied as follows:
2
In Schedule 2, the words “Coldean Primary School” are substituted for “Coldean Infant School” and “Coldean Junior School”; the words “Moulsecoomb Primary School” are substituted for “Moulsecoomb Infant and Nursery School” and “Moulsecoomb Junior School”; the words “Whitehawk Primary School” are substituted for “Whitehawk Infant and Nursery School” and “Whitehawk Junior School”.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001 and shall come into force on 20th July 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Transport Act 2000;
“local authority” means a county council, the council of a district or London borough, the Common Council of the City of London or Transport for London;
“order” means an order to which these Regulations apply;
“published”, where a notice must be published in more than one publication, means the last occasion on which the notice is published and references to the date of publication are to be construed accordingly;
“relevant area” means the area of any local authority in which the road to which the order applies is situated;
“retail prices index” means the monthly United Kingdom Index of Retail Prices (for all items) published by the Office for National Statistics;
“written” and “in writing” include electronic communications within the meaning of the Electronic Communications Act 2000 which are capable of being converted by the recipient into a communication in writing.
Application of Regulations
3
These Regulations apply to orders making, varying or revoking trunk road charging schemes under section 167(1)(a) and (2)(a) of the Act and relating only to England.
Consultation
4
Before making an order the Secretary of State shall consult:
a
the chief constable of every police force for every area any part of which is in the relevant area;
b
the chief officer of the fire brigade for every area any part of which is in the relevant area;
c
every body providing ambulance services under the National Health Service Act 1977 for every area any part of which is in the relevant area;
d
every local authority which in the opinion of the Secretary of State is likely to be affected by the order;
e
a Regional Development Agency whose region contains any of the relevant area; and
f
the Disabled Persons Transport Advisory Committee.
Publication of proposals
5
1
Before making an order the Secretary of State shall publish in at least one local newspaper circulating in the relevant area and in the London Gazette a notice specifying at least one place in the relevant area where the documents mentioned in paragraph (3) below may be inspected by any person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (3).
2
A notice under paragraph (1) above shall include:
a
the title of the draft order;
b
the date on which it is proposed that the order shall come into force and its proposed duration;
c
a statement of the general nature and effect of the order;
d
the name of the road to which the order relates, whether it is carried by a bridge or through a tunnel, and identification of the relevant area;
e
a description of the road in relation to which charges are to be imposed under the order and the approximate length of the road;
f
the date by and the address (including an electronic mail address) to which objections and representations shall be made; and
g
a statement that any such objections or representations must be in writing and specify the grounds on which they are based.
3
Copies of the following documents shall be available for inspection pursuant to paragraph (1) above at all reasonable hours until the date specified pursuant to paragraph (2)(f) (which must be not less than 84 days after the date of publication of the notice of the draft order):
a
the notice under paragraph (1);
b
the draft order;
c
a map or plan of the location to which the order relates;
d
a statement setting out the Secretary of State’s reasons for proposing the order; and
e
where the draft order varies an order, that order.
Objections and representations
6
Any person wishing to object to or to make representations about a draft order shall send a written statement of the objection or representations specifying the grounds on which they are based to the Secretary of State at the address stated in the notice published under regulation 5 not later than the date specified pursuant to regulation 5(2)(f) (which must be not less than 84 days after the date of publication of that notice).
Consideration of objections and representations
7
Before making an order the Secretary of State shall consider any objections or representations duly made in accordance with regulation 6 above, any objections or representations made by those consulted under regulation 4 above and, if a public inquiry has been held pursuant to section 170(2) of the Act, the report and recommendations of the person who held the inquiry.
Making the order and modifications
8
1
The Secretary of State may make the order either without modification or subject to such modifications as he thinks fit.
2
Where the Secretary of State proposes to make an order with modifications which appear to him to show a substantial change from the draft order made available under regulation 5(3), he shall before making the order take such steps as appear to him to be appropriate for:
a
informing the persons likely to be affected by the modifications, and
b
giving to those persons an opportunity to make representations in connection with the modifications,
and he shall consider any such representations which are made to him.
3
The Secretary of State shall not in any event make an order before the expiration of the period of 84 days mentioned in regulation 6 above.
Commencement date of order
9
An order shall not be made so as to come into force before the notices required by regulation 10(2) have been published.
Notice of the making of the order
10
1
When an order has been made the Secretary of State shall give notice in writing of the making of the order to —
a
those persons he has consulted pursuant to regulation 4 above,
b
all persons who have made objections or representations pursuant to regulation 6 above, and
c
any other persons who have been consulted by the Secretary of State about the draft order.
2
The Secretary of State shall after making an order publish a notice that he has made it in at least one local newspaper circulating in the relevant area and in the London Gazette specifying at least one place in the relevant area where the documents mentioned in paragraph (4) below may be inspected by any person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (4).
3
The notice under paragraph (2) above shall include:
a
the title of the order;
b
the date on which the order comes into force and its duration;
c
a statement of the general nature and effect of the order;
d
the name of the road to which the order relates, whether it is carried by a bridge or passes through a tunnel, and identification of the relevant area; and
e
a description of the road in relation to which charges are to be imposed under the order and the approximate length of the road.
4
Copies of the following documents shall be available for inspection pursuant to paragraph (2) above at all reasonable hours for a period of not less than 42 days after the date of publication of the notice of the making of the order:
a
the notice under paragraph (2);
b
the order;
c
a map or plan of the location to which the order relates;
d
a statement setting out the Secretary of State’s reasons for making the order;
e
where the order varies an order, that order;
f
the Secretary of State’s response to the objections, representations and consultation; and
g
where a public inquiry has been held, of the report of the person who held the inquiry.
Variation of an Order
11
1
The procedure set out in the preceding provisions of these Regulations applies equally to any order varying an order (“a variation order”) except where paragraph (2) or paragraphs (3) to (11) below apply.
2
Where the variation order is to have the sole effect of varying charges in accordance with changes in the retail price index the Secretary of State shall give not less than 7 days notice of his intention to implement the variation by publishing a notice thereof in at least one local newspaper circulating in the relevant area and in the London Gazette.
3
Where he considers the proposed variation of an order to be a minor one (except where paragraph (2) applies) the Secretary of State shall:
a
give notice of the proposed variation to those persons mentioned in regulation 4 above;
b
publish in at least one local newspaper circulating in the relevant area and in the London Gazette, a notice specifying at least one place in the relevant area where the documents mentioned in paragraph (5) below may be inspected by any person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (5).
4
A notice under sub-paragraph (3)(b) above shall include:
a
the title of the draft variation order;
b
the date on which it is proposed that the variation order shall come into force;
c
a statement of the general nature and effect of the variation order;
d
the name of the road to which the variation order relates;
e
the date by, and the address (including an electronic mail address) to which, objections and representations shall be made; and
f
a statement that any such objections or representations must be in writing and specify the grounds on which they are made.
5
Copies of the following documents shall be available for inspection pursuant to paragraph (3)(b) above at all reasonable hours until the date specified pursuant to paragraph (4)(e) (which must be not less than 42 days after the date of publication of the notice of the draft order):
a
the order proposed to be varied;
b
the draft variation order; and
c
a statement setting out the Secretary of State’s reasons for proposing the variation order.
6
The Secretary of State shall allow a period of not less than 42 days for the making of written objections to or representations (specifying the grounds on which they are based) on the proposed variation order.
7
The Secretary of State must consider any objections and representations and, if he decides to make the variation order, make it with or without modifications after notifying his decision in writing to the persons mentioned in regulation 4 above and to those who have made written objections or representations.
8
The Secretary of State shall publish a notice that he has made it in at least one newspaper circulating in the relevant area and in the London Gazette specifying at least one place in the relevant area where the documents mentioned in paragraph (10) below may be inspected by a person free of charge and details of the times at which they can be inspected during the period mentioned in paragraph (10).
9
A notice under paragraph (8) shall include:
a
the title of the variation order;
b
the date on which it comes into force and its duration;
c
a statement of the general nature and effect of the variation order; and
d
a description of the road in relation to which charges are to be imposed under the variation order and the approximate length of the road.
10
Copies of the order that has been varied and the variation order shall be available for inspection pursuant to paragraph (8) above at all reasonable hours for a period of not less than 21 days after publication of the notice of the making of the variation order.
11
A variation order shall not be made so as to come into force before the notices required by paragraph (8) above have been published.
Revocation of an Order
12
1
Before revoking an order, the Secretary of State shall give not less than 7 days notice of his intention to do so by publishing a notice thereof in at least one local newspaper circulating in the relevant area and in the London Gazette.
2
Not later than the date of the publication of a notice under paragraph (1) above the Secretary of State shall send a copy of the notice to the persons mentioned in regulation 4.
3
A notice under this regulation shall state the title of the order that is to be revoked, the date of publication of the notice of making the order, the date on which it came into force and the general nature and effect of the order.
4
A revocation order shall not come into force until after the expiry of 7 days from the date of publication of the notice under paragraph (1) above.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions.
David Jamieson
Parliamentary Under-Secretary of State,
Department of Transport, Local Government and the Regions
25th June 2001


text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 and shall come into force on 19th October 2001.
Interpretation
2
In these Regulations —
“the Refrigerators and Freezers Regulations ” means the Energy Information (Refrigerators and Freezers) Regulations 1994 ;
“the Washing Machines Regulations ” means the Energy Information (Washing Machines) Regulations 1996 ;
“the Tumble Driers Regulations ” means the Energy Information (Tumble Driers) Regulations 1996 ;
“the Combined Washer-driers Regulations ” means the Energy Information (Combined Washer-driers) Regulations 1997 ;
“the Dishwashers Regulations ” means the Energy Information (Dishwashers) Regulations 1999 ; and
“the Lamps Regulations ” means the Energy Information (Lamps) Regulations 1999 .
PART 2
AMENDMENTS TO ENERGY INFORMATION REGULATIONS
Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers — miscellaneous
3
1
The Refrigerators and Freezers Regulations, the Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended as follows —
2
In regulation 2 (interpretation) —
a
in the definition of “dealer”, for “sells or displays”, substitute “offers for sale, displays or sells”; and
b
at the end of the definition of “the harmonised standards”, add
which are technical specifications (European standards or harmonisation documents) adopted by the European Committee of Electrotechnical Standardisation (“ CENELEC ”) on the basis of —
a mandate from the Commission in accordance with Council Directive 83/189/ EEC of 28 March 1983 laying down a procedure for the provision of information in the field of technical standards and regulations , as last amended by Directive 98/48/ EC of the European Parliament and the Council ; and
the general guidelines for co-operation between the Commission, CENELEC and the European Committee for Standardisation signed on 13 November 1984.
.
3
For regulation 4(1) (suppliers' duty in respect of labels), substitute —
1
A supplier of an appliance shall supply free of charge to a dealer a label in respect of the applicance which complies with paragraph (2).
.
4
For regulation 7 (suppliers to be responsible for accuracy of labels and information notices), substitute —
7
The supplier (and no other person) shall be responsible for the accuracy of the information given on a label or in an information notice.
.
5
In regulation 9 (dealers' duty in respect of displayed appliances), for the words from “Subject” to “end-users”, substitute “A dealer who displays or offers for sale an appliance”.
6
Omit regulations 10 (dealers' duty in respect of information notices) and 11 (extent of dealers' duties under regulations 9 and 10).
Refrigerators and Freezers, Washing Machines, Tumble Driers and Combined Washer-driers — offences, enforcement, etc.
4
1
Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended as follows —
2
Omit —
a
in paragraph 1(1), “regulation 10 (dealers' duty in respect of information notices);”;
b
sub-paragraphs (2) to (4) of paragraph 2;
c
in paragraph 3(2), “Subject to sub-paragraphs (3) to (5)”;
d
sub-paragraphs (3) to (5) of paragraph 3;
e
paragraphs 6, 7 and 8;
f
the word “and” preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;
g
sub-paragraph (5)(f) of paragraph 15; and
h
paragraph 19.
Washing Machines, Tumble Driers and Combined Washer-driers
5
The Washing Machines Regulations, the Tumble Driers Regulations and the Combined Washer-driers Regulations are amended in regulation 12 (printed communications), by omitting —
“(but not an advertisement or short printed list of appliances),”
Refrigerators and Freezers and Tumble Driers
6
Regulation 2 (interpretation) of the Refrigerators and Freezers Regulations and the Tumble Driers Regulations is amended by inserting, after the definition of “the Directives” —
“enforcement action” means the instituting of proceedings (whether criminal or otherwise) for failing to observe or comply with these Regulations;
.
Refrigerators and Freezers and Combined Washer-driers
7
For paragraph 1(3) of Schedule 6 to the Refrigerators and Freezers Regulations and Schedule 5 to the Combined Washer-driers Regulations, substitute —
3
A person guilty of any other offence specified in sub-paragraph (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
Dishwashers
8
1
The Dishwashers Regulations are amended as follows —
2
In regulation 10 (information in respect of mail order and other distance sales), omit —
“(but not an advertisement or short printed list of dishwashers)”.
3
In Schedule 5 (offences, enforcement and other matters), there shall be omitted —
a
the words “Subject to sub-paragraphs (3) to (5)” in sub-paragraph (2) of paragraph 3;
b
sub-paragraphs (3) to (5) of paragraph 3;
c
paragraph 16.
Lamps
9
Schedule 4 (offences, enforcement and other matters) to the Lamps Regulations is amended by omitting paragraph 16.
Refrigerators and Freezers
10
Schedule 6 (offences, enforcement and other matters) to the Refrigerators and Freezers Regulations is amended by substituting, for paragraph 1(2) —
2
A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.
.
PART 3
AMENDMENTS TO THE ENERGY EFFICIENCY (REFRIGERATORS AND FREEZERS) REGULATIONS 1997
11
1
The Energy Efficiency (Refrigerators and Freezers) Regulations 1997 are amended as follows.
2
For paragraph (2) of regulation 2 (interpretation) substitute —
2
For the purposes of these Regulations compliance with an equivalent requirement of the legislation of another Member State constitutes sufficient compliance with the relevant requirement of these Regulations
.
3
After regulation 9 (manufacturers' duties in respect of the manufacturing process), insert —
Breach of regulation 8 or 9
9A
Breach of regulation 8 (suppliers' duties in respect of non-conforming appliances) or 9 (manufacturers' duties in respect of the manufacturing process) shall be actionable by civil proceedings.
.
4
In regulation 10(4) (enforcement and offences) —
a
after “takes a decision” insert “to institute civil proceedings”; and
b
for “amounts to or includes” substitute “may result in”.
5
In Schedule 3 (offences, enforcement and other matters) —
a
for sub-paragraph (2) of paragraph 1 substitute —
2
A person guilty of the offence of contravening paragraph 15(1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum, and on conviction on indictment, to a fine.
.
b
Omit —
i
sub-paragraphs (2) to (4) of paragraph 2;
ii
the words “Subject to sub-paragraphs (3) to (5)” in sub-paragraph (2) of paragraph 3;
iii
sub-paragraphs (3) to (5) of paragraph 3;
iv
paragraphs 6, 7 and 8;
v
the word “and” preceding, and the whole of, sub-paragraph (3)(j) of paragraph 15;
vi
sub-paragraph (5)(f) of paragraph 15; and
vii
paragraph 19.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
12th September 2001