text:
Citation, commencement and interpretation
1
1
This Order may be cited as the GLA Roads and Side Roads (Transfer of Property etc.) Order 2000 and shall come into force on 3rd July 2000.
2
In this Order —
“the designation date” means 22nd May 2000;
“the former highway authority”, in relation to a GLA road which is a trunk road, means the Secretary of State, and in relation to any other GLA road means the relevant authority;
“GLA road” means a highway designated as a GLA road under section 14A of the Highways Act 1980 ;
“GLA side road” means a road which is a GLA side road (within the meaning of section 124A of the Road Traffic Regulation Act 1984 ) by virtue of an order of the Secretary of State under subsection (1) of that section;
“land” includes land covered by water, and any interest or right in, over or under land;
“maintenance” includes repair;
“the operative date” means 3rd July 2000;
“property” includes property, rights and powers of every description; and
“the relevant authority” in relation to a road means the council of the London borough in which the road is situated or, where the road is in the City of London, the Common Council.
Property etc. transferred in relation to GLA roads
2
1
Subject to paragraph (2) and article 4 below, on the operative date there are hereby transferred to Transport for London in relation to each GLA road —
a
the highway, in so far as it is vested in the former highway authority;
b
the property mentioned in paragraph (3) in so far as, on the designation date, it was vested —
i
in the former highway authority for the purposes of their highway functions in relation to the GLA road, or
ii
in the former highway authority for the purposes of functions in relation to the GLA road under sections 6 (traffic regulation), 9 (experimental traffic orders), 23 and 24 (pedestrian crossings) and 85 (speed restriction signs) of the Road Traffic Regulation Act 1984 ;
c
all liabilities incurred by a former highway authority for the purposes of their functions in relation to the GLA road and not discharged before the operative date, other than loans and loan charges.
2
There is not transferred by virtue of this article —
a
any right or liability of a relevant authority in respect of —
i
work done, services rendered, goods delivered, or money due for payment, before the operative date;
ii
damages or compensation for any act or omission before that date;
iii
the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date; or
b
any copyright held by the Crown.
3
The property referred to in paragraph (1)(b) is —
a
land, other than land —
i
vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways; or
ii
where the former highway authority is a relevant authority, held by that authority for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway; and
b
all other property held in connection with the GLA road (including the unexpended balances of any grants paid by the Secretary of State to any relevant authority for the purposes of their functions in relation to the highway) other than materials to be used for the maintenance or improvement of the highway, and the unexpended balances of any loans raised by the former highway authority, or by any relevant authority for the purposes of its functions in relation to the highway.
Property transferred in relation to GLA side roads
3
On the operative date there are hereby transferred to Transport for London in relation to each GLA side road —
a
all traffic signs erected for the purposes of a GLA road; and
b
all street furniture and other property of a relevant authority held for the purposes of traffic regulation on a GLA road.
Supplementary and alternative agreements
4
1
Where a relevant authority and the Secretary of State so agree, any property or liability described in the agreement which would, but for this paragraph, transfer to Transport for London by virtue of article 2 or 3 above, shall not so transfer.
2
A relevant authority and the Secretary of State may agree, on such terms as they think fit, that any property or liabilities (except loans and loan charges) acquired or incurred by the relevant authority for the purposes of their functions in relation to a GLA road, other than property or liabilities which transfer to Transport for London by virtue of article 2 or 3 above, shall be transferred to Transport for London.
3
A former highway authority and Transport for London may agree that any property or liabilities transferred to Transport for London by virtue of article 2 of 3 above shall be re-transferred to the former highway authority.
Terms of vesting of property
5
Any property transferred to Transport for London by or under articles 2 to 4 above hereby vests in, and shall be held by, Transport for London, subject to all covenants, conditions, and restrictions subject to which the property was held by the former highway authority, and to all liabilities affecting the property, except liabilities —
a
referred to in article 2(2), or
b
excluded from transfer under article 4(1) or re-transferred under article 4(3).
Transitional matters
6
1
Subsections (3) to (5) of section 415 of the 1999 Act apply in relation to the transfer of any property or liability re-transferred by Transport for London in pursuance of article 4(3) above as they apply to the transfer of that property or liability to Transport for London by or under this Order; but do not apply in relation to the transfer of any liability incurred under an agreement under article 4(1) above.
2
This paragraph applies where —
a
rights and liabilities under a contract of a relevant authority have been transferred to Transport for London by or under this Order, and
b
the contract provides for the execution of works or the rendering of services by a person other than the relevant authority in connection with the construction, maintenance or improvement of, or other dealing with, the road with which the contract is concerned.
3
Where paragraph (2) applies,
a
if the works or services have been completed before the operative date but the price or payment, or any part of such price or payment, has not accrued due before that date, Transport for London may recover from the relevant authority that price or payment or part;
b
if the works or services have not been completed before the operative date —
i
the value of any works executed, or services rendered, before that date shall be ascertained, regard being had to the terms of the contract, and
ii
Transport for London may recover from the relevant authority the amount of that value less any sum paid by the authority in pursuance of the contract; and, if the authority have so paid a sum greater than the amount of that value, Transport for London shall repay the excess to the authority.
Production of documents etc.
7
The former highway authority shall produce to Transport for London such documents relating to their functions, property and liabilities in respect of a GLA road or any other property or any liability transferred by or under this Order, and provide Transport for London with such other information relating to those matters, as Transport for London may reasonably require.
Disputes
8
Any dispute between Transport for London and any person as to —
a
the property or liabilities transferred (or excepted from transfer) by or under articles 2 to 4 above, or
b
any sums payable under article 6 above
shall be determined by arbitration.
Agreements affecting Transport for London
9
1
An agreement described in paragraph (2) shall have effect as if it were an agreement to which Transport for London were a party.
2
An agreement mentioned in paragraph (1) is an agreement in writing —
a
entered into before the operative date between the Secretary of State (acting on behalf of Transport for London) and the council of a London borough or the Common Council;
b
entitled “Agency Agreement in respect of GLA roads in the area comprising . . .” and naming the area or areas concerned; and
c
made for the purposes of the carrying out of services for Transport for London by the council concerned.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th June 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Education Authority (Post-Compulsory Education Awards) (Amendment) (England) Regulations 2000 and shall come into force on 1st September 2000.
2
In these Regulations “the principal Regulations ” means the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 .
Amendment of Local Education Authority (Post Compulsory Education Awards) Regulations 1999
2
1
The principal Regulations shall be amended in relation to England in accordance with the following paragraphs of this regulation.
2
In regulation 2 after the definition of “post-compulsory education award” there shall be inserted the following definition —
“school access fund award” means a post-compulsory education award in respect of which a grant has been made to the local education authority under section 484 of the Education Act 1996 (education standards grants).
2
For regulation 3 there shall be substituted the following regulation —
Power to grant post-compulsory education awards
3
1
Subject to paragraph (2) a local education authority shall have power to grant a post-compulsory education award, that is to say —
a
a scholarship
b
an exhibition
c
a bursary, or
d
any other allowance
granted in respect of an eligible person for the purpose of enabling that person to take advantage of any educational facilities available to him.
2
Except where the award is a school access fund award —
a
the power in subsection (1) cannot be exercised in relation to any financial year if the local education authority have determined under regulation 4 that it should not be exercised in relation to that financial year; and
b
where in relation to any financial year the local education authority have determined under regulation 4 that the power can be exercised only in the case of eligible persons who satisfy particular criteria, the authority shall have power under subsection (1) to grant a post-compulsory education award only in respect of an eligible person who satisfies those criteria.
.
3
In regulation 4 for paragraph (1) there shall be substituted the following paragraph —
1
A local education authority shall determine, in respect of each financial year, whether they should exercise the power in regulation 3(1) in respect of post-compulsory education awards other than school access fund awards and if they are to do so in that year whether to do so —
a
generally, or
b
only in cases of eligible persons who satisfy such criteria as may be determined by the authority.
Transitional Provisions
3
1
A determination made in respect of the 2000–01 financial year under regulation 4 of the principal Regulations (before it is amended by these Regulations) shall not apply in respect of the granting of any school access fund award on or after 1st September 2000.
2
In this regulation “school access fund award” has the same meaning as in the principal Regulations (as amended by these Regulations).
Tessa Blackstone
Minister of State,
Department for Education and Employment
26th July 2000


text:
Citation and Commencement
1
These Regulations may be cited as the Social Security (Incapacity) Miscellaneous Amendments Regulations 2000 and shall come into force for the purposes of–
a
this regulation and regulation 3, on 2nd April 2000; and
b
the remainder, on 3rd April 2000.
Amendment of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995
2
In regulation 31(4) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (application of the new tests of incapacity for work), for the words “having satisfied the incapacity for work test ” there shall be substituted the words “incapable of work in accordance with the personal capability assessment”.
Amendment of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999
3
Paragraph (9) of regulation 2 of the Social Security (Incapacity for Work) Miscellaneous Amendments Regulations 1999 shall be omitted.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended as follows–
a
in regulation 17A (person who claims unemployment benefit to be treated as capable of work), there shall be substituted–
i
for the words “Where the all work test applies” the words “Where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”, and
ii
for the words “satisfies that test” the words “incapable of work in accordance with that assessment”;
b
in paragraphs (2)(b) and (c) of regulation 27 (exceptional circumstances) for the words “all work test” there shall be substituted the words “personal capability assessment”.
Amendment of the Income Support (General) Regulations 1987
5
In paragraph (3) of regulation 22A of the Income Support (General) Regulations 1987 (reduction in applicable amount where the claimant is appealing against a decision that he is not incapable of work), for the words from “made” to “claimant” there shall be substituted the words “ the first determination made in accordance with, the all work test before 3rd April 2000 or, after that date, the personal capability assessment, in relation to the claimant”.
Amendment of the Social Security (Medical Evidence) Regulations 1976
6
The Social Security (Medical Evidence) Regulations 1976 shall be amended as follows–
a
in regulation 2 –
i
in paragraph (1), for the words “all work test” there shall be substituted the words “personal capability assessment”, and
ii
in paragraph (1)(c), for the words “where the all work test applies ” there shall be substituted the words “where the question of whether a person is capable or incapable of work falls to be determined in accordance with the personal capability assessment”;
b
in Part II of Schedule 1B (form of doctor’s statement), for the words “ all work assessment” there shall be substituted “personal capability assessment”.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
6th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumbrian Water and Essex and Suffolk Water (Amendment of Local Enactments Etc.) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“Northumbrian” means Northumbrian Water Limited; and
“Essex and Suffolk” means Essex and Suffolk Water plc.
Amendment of references in local statutory provisions etc.
2
1
Any reference to Essex and Suffolk, or to the undertaking of Essex and Suffolk, in any local statutory provision and in any charges scheme made by Essex and Suffolk under section 76 of the Water Act 1989 or section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2), as a reference to Northumbrian or, as the case may be, to the undertaking of Northumbrian.
2
Paragraph (1) only applies to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or whom that provision or scheme has effect before 1st April 2000.
Signed by authority of the Secretary of State
Bob Dinwiddy
A Senior Civil Servant in the
Department of the Environment, Transport and the Regions
23rd March 2000


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2000, shall come into force on 1st January 2001 and shall have effect in relation to supplies made on or after that date.
2
Schedule A1 (Charge at Reduced Rate) to the Value Added Tax Act 1994 shall be amended in accordance with articles 3 and 4 below.
3
In paragraph 1 (supplies benefiting from the reduced rate), after sub-paragraph (3) there is inserted —
4
The supplies falling within this paragraph also include supplies of women’s sanitary protection products.
.
4
After paragraph 5 there is inserted —
6
1
In paragraph 1(4) above “women’s sanitary protection products” means women’s sanitary protection products of any of the following descriptions —
a
subject to sub-paragraph (2) below, products that are designed, and marketed, as being solely for use for absorbing, or otherwise collecting, lochia or menstrual flow;
b
panty liners, other than panty liners that are designed as being primarily for use as incontinence products;
c
sanitary belts.
2
Sub-paragraph (1)(a) above does not include protective briefs or any other item of clothing.
.
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Immigration (Transit Visa)(Amendment) Order 2000.
2
Articles 1, 3 and 4 of this Order shall come into force on 25th May 2000, and article 2 shall come into force on 14th June 2000.
3
In this Order, “the 1993 Order ” means the Immigration (Transit Visa) Order 1993 .
Amendment of the 1993 Order
2
1
After article 1 of the 1993 Order there shall be inserted —
1A
In this Order, “ EEA State” means a country which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
.
2
In article 2(b) of the 1993 Order, for the words “a member State of the European Communities” there shall be substituted “an EEA State”.
3
For the Schedule to the 1993 Order there shall be substituted the Schedule to this Order.
Revocation
4
The Immigration (Transit Visa)(Amendment) Order 1999 is hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
19th May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuel etc.) ( INF Code) Regulations 2000 and shall come into force on 1st January 2001.
Interpretation
2
1
In these Regulations:
“Certificate of Fitness” means the International Certificate of Fitness for the Carriage of INF Cargo, as provided for in the INF Code;
“high-level radiactive wastes” means liquid wastes resulting from the operation of the first stage extraction system or the concentrated wastes from subsequent extraction stages, in a facility for reprocessing irradiated nuclear fuel, or solids into which such liquid wastes have been converted;
“ IMDG Code” means the 2000 Edition of the IMO International Maritime Dangerous Goods Code;
“IMO” means the International Maritime Organization;
“INF cargo” means packaged irradiated nuclear fuel, plutonium and high-level radioactive wastes carried as cargo;
“INF Code” means the International Code for the Safe Carriage of Packaged Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes on Board Ships adopted on 27 May 1999 by the Maritime Safety Committee of the IMO by resolution MSC 88(71) and set out in the Annex thereto;
“irradiated nuclear fuel” means material containing uranium, thorium or plutonium isotopes which has been used to maintain a self-sustaining nuclear chain reaction;
“Merchant Shipping Notice” means a Notice described as such, issued by the Secretary of State and any reference to a particular Merchant Shipping Notice includes a reference to any Merchant Shipping Notice amending or replacing it which the Secretary of State considers relevant from time to time;
“operator” in relation to a ship includes any owner, charterer, manager and agent of the ship;
“packaged” means contained in packagings complying with the requirements of Class 7 of the IMDG Code, schedules 10, 11, 12, 13 or 14;
“plutonium” means the resultant mixture of isotopes of that material extracted from the reprocessing of irradiated nuclear fuel;
“The SOLAS Convention” means the Safety of Life at Sea Convention 1974 and its 1978 Protocol as amended;
“United Kingdom ship” means a ship or hovercraft which —
is registered under Part II of the Merchant Shipping Act 1995;
is registered under the Hovercraft Act 1968 ;
is a Government ship within the meaning of section 308(4) of the Merchant Shipping Act 1995 used for commercial purposes; or
is not registered under the law of any other country but is wholly owned by persons each of whom is —
a British citizen, a British Dependent Territories citizen or a British Overseas citizen; or
a body corporate which is established under the law of a part of the United Kingdom and has its principal place of business in the United Kingdom.
2
For the purpose of these Regulations, “competent authority” means, in relation to United Kingdom ships, the Secretary of State, and in relation to other ships, the relevant maritime authority of the State whose flag the ship is entitled to fly.
3
Any reference in these Regulations to the IMDG Code, INF Code or the SOLAS Convention shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
4
In interpreting the INF Code —
a
the requirements of the INF Code having been made mandatory under regulation 4 below, the language thereof shall be construed accordingly, and in particular “should” shall be construed as “shall”;
b
references to the Administration shall, in relation to United Kingdom ships, be construed as references to the Secretary of State.
Application
3
1
Subject to paragraph (2) below, these Regulations apply to ships carrying INF cargo.
2
The Regulations shall apply to —
a
United Kingdom ships wherever they may be; and
b
other ships which are in United Kingdom waters.
3
In relation to hovercraft these Regulations shall have effect subject to the modification that for any reference to a ship or ships, there shall respectively be substituted a reference to a hovercraft or to hovercraft.
Duty to comply with the INF Code
4
1
Every ship to which these Regulations apply shall be constructed, equipped, inspected and surveyed in accordance with the requirements of the INF Code.
2
The operator and master shall ensure that a ship carrying INF cargo complies with the requirements of the INF Code.
3
The Secretary of State shall, on the application of the operator of a ship registered in the United Kingdom, if he is satisfied that the ship complies with the requirements of the INF Code, issue to the operator a Certificate of Fitness certifying compliance with the INF Code.
Duty to hold a Certificate of Fitness
5
An operator or master shall not accept INF cargo for carriage in a ship which has not been issued with a Certificate of Fitness by the Secretary of State, as mentioned in regulation 4(3) above, or by the administration of the State whose flag the ship is entitled to fly.
Offences and penalties
6
1
If there is a breach of regulations 4(2) or 5, the operator and master shall each be guilty of an offence.
2
A person who is guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.
3
It shall be a defence for a person charged under these Regulations to show that he took all reasonable steps to avoid the commission of the offence.
Power to detain
7
In any case where a ship does not comply with the requirements of these Regulations the ship shall be liable to be detained and section 284 of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to the ship as if for the words “this Act”, wherever they appear in that section, there were substituted the words “the Merchant Shipping (Carriage of Packaged Irradiated Nuclear Fuels etc.) (INF Code) Regulations 2000”.
Offences due to the fault of another person
8
Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
7th December 2000


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2000, and shall come into force on 1st September 2000.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 shall be amended as follows.
2
In regulation 2(2) (clothing grant), for “£11,466” there shall be substituted “£11,718”.
3
In regulation 2(3), for subparagraphs (a) and (b) there shall be substituted —
a
£71 where the relevant income does not exceed £10,901; and
b
£37 where that income exceeds £10,901 but does not exceed £11,718.
.
4
In regulation 4 (travel grant) —
a
in paragraph (3), for “£10,683” there shall be substituted “£10,914”; and
b
in paragraph (4) —
i
for “£10,683” there shall be substituted “£10,914”; and
ii
for “£10,504” there shall be substituted “£10,735”.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Education and Employment
1st August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Manchester Primary Care Trust (Establishment) Order 2000 and shall come into force on 11th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Manchester Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the South Manchester 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 2000.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Manchester 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 Manchester Health Authority shall make available to the trust during the preparatory period —
a
facilities of the authority; and
b
officers of the authority.
4
The Mancunian Community Health 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.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
1st February 2000


text:
Citation and commencement
1
This Order may be cited as the West Suffolk Hospitals National Health Service Trust (Establishment) Amendment 2000 and shall come into force on 13th September 2000.
Amendment of NHS trust establishment Order
2
After article 4 of the West Suffolk Hospitals National Health Service Trust (Establishment) Order 1992 there shall be inserted the following article —
Significant teaching commitment
4A
1
The trust is to be regarded as having a significant teaching commitment by virtue of paragraph 3(1)(d) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of Cambridge.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
3rd September 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) Regulations 2000 and shall come into force on 19th June 2000.
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
1
The Social Security (Attendance Allowance) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 6(2A) (hospitalisation) after the words “and to end on the day”, there shall be inserted “before the day”.
3
In sub-paragraph (b)(ii) of regulation 7A(2) (persons to whom regulations 7 and 8 apply with modifications) for the words “paragraphs (4) to (7)” there shall be substituted “paragraphs (4) to (6)”.
4
In regulation 8 (exemption from regulations 6 and 7) —
a
in paragraph (4) the words “except in a case to which paragraph (7) applies” shall be omitted;
b
in paragraph (6) the words “except in a case to which paragraph (7) applies” shall be omitted; and
c
paragraph (7) shall be omitted.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
3
1
The Social Security (Disability Living Allowance) Regulations 1991 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 8(2A) (hospitalisation) and regulation 12A(2A) (hospitalisation in mobility component cases) after the words “and to end on the day”, there shall be inserted “before the day”.
3
In sub-paragraph (b)(ii) of regulation 9A(2) (persons to whom regulations 9 and 10 apply with modifications) for the words “paragraphs (6) to (9)” there shall be substituted “paragraphs (6) to (8)”.
4
In regulation 10 (exemption from regulation 8 and 9) —
a
in paragraph (6) the words “except in a case to which paragraph (9) applies” shall be omitted;
b
in paragraph (8) the words “except in a case to which paragraph (9) applies” shall be omitted; and
c
paragraph (9) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
22nd May 2000


text:
1
This Order may be cited as the Patents (Convention Countries) (Amendment) Order 2000 and shall come into force on 24th May 2000.
2
Taiwan is a convention country for the purposes of section 5 of the Patents Act 1977.
3
The Patents (Convention Countries) Order 1994 shall be amended by the insertion in Schedule 1 thereto of Taiwan in proper alphabetical order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Personal Pension Schemes (Payments by Employers) Regulations 2000 and shall come into force on 6th April 2001.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“scheme” means a personal pension scheme;
“stakeholder pension scheme” has the meaning given by section 1 of the Welfare Reform and Pensions Act 1999 (meaning of “stakeholder pension scheme”);
“statement year” has the meaning given by regulation 18(3) of the Stakeholder Pension Schemes Regulations 2000 (disclosure of information to members);
“trustees or managers”, in relation to a scheme, means —
in the case of a scheme established under a trust, the trustees of the scheme; and
in any other case, the managers of the scheme.
Record of direct payment arrangements
2
For the purposes of section 111A(4)(b) of the 1993 Act (record of direct payment arrangements must satisfy prescribed requirements) the prescribed requirements are that the record contains separate entries for the rates of contributions payable under the direct payment arrangements —
a
on the employer’s own account in respect of the employee; and
b
on behalf of the employee out of deductions from the employee’s earnings.
Prescribed time in which an employer is to make a record of direct payment arrangements available to trustees or managers
3
For the purposes of section 111A(5) of the 1993 Act (employer must within the prescribed period send a copy of the record to the trustees or managers) the prescribed period after the preparation or any revision of the record within which the employer must send a copy of the record or, as the case may be, of the revised record to the trustees or managers of the scheme is such period which is likely to result in the copy of that record being available to the trustees or managers of the scheme no later than the date upon which the first contribution payable by reference to that record falls due for payment.
Time limits for giving notice to the Regulatory Authority and to the employee that any contribution which is payable has not been paid and the circumstances in which such notice need not be given
4
1
Subject to paragraph (2), for the purposes of section 111A(6) of the 1993 Act (except in prescribed circumstances notice to be given by the trustees or managers to the Regulatory Authority and to the employee within a prescribed period that any contribution which is payable has not been paid on or before its due date) the prescribed period within which the trustees or managers of the scheme must, where any contribution shown by the record to be payable under the direct payment arrangements has not been paid on or before its due date, give notice of that fact —
a
to the Regulatory Authority, is the period of 30 days beginning with the day following that due date; and
b
to the employee, is the period of 90 days beginning with the day following that due date, unless payment has been made before the end of the period of 60 days beginning with the day following that due date.
2
The prescribed circumstances in which the trustees or managers of the scheme need not give notice to the Regulatory Authority or the employee or both the Regulatory Authority and the employee that any contribution referred to in paragraph (1) has not been paid on or before its due date are when the Regulatory Authority have informed the trustees or managers —
a
that it or the employee or both it and the employee need not be notified that any future contribution shown by the record to be payable under the direct payment arrangments has not been paid on or before its due date; and
b
when, if at all, they must resume giving notice in accordance with section 111A(6) of the 1993 Act to the Regulatory Authority or the employee or both the Regulatory Authority and the employee that any future contribution shown by the record to be payable under the direct payment arrangements has not been paid on or before its due date.
Prescribed period for the purpose of calculating the due date for the payment of any contribution on behalf of an employee
5
For the purposes of section 111A(15)(b) of the 1993 Act (meaning of “due date” where a contribution payable under the direct payment arrangements falls to be paid on behalf of the employee) the prescribed period is the period of 19 days commencing on the day following the last day of the month in which the deduction was made from the employee’s earnings.
The issue of payment statements to an employee
6
1
For the purposes of section 111A(7) of the 1993 Act (trustees or managers to send the employee a statement of payments made during a prescribed period before the end of prescribed intervals) the prescribed period for which the statement must set out the amounts and dates of the payments made under the direct payment arrangements is the period specified in paragraph (2) or (3), as the case may be.
2
Where the scheme is not a stakeholder pension scheme the prescribed period is —
a
in the case of the first statement referred to in paragraph (1), the period beginning with —
i
6th April 2001, or the date the employee joins the scheme, whichever is the later, in the case of an employee who is or becomes a member of a scheme during the period from 6th April 2001 to 5th April 2002; or
ii
the date the employee joins the scheme, in the case of an employee who becomes a member of a scheme on or after 6th April 2002,
and ending with the date of the last payment which appears on that statement; and
b
in the case of the second or any subsequent statement (the relevant statement), a period of not more than 12 months beginning with the day following the date of the last payment which appeared on the statement immediately preceding the relevant statement.
3
Where the scheme is a stakeholder pension scheme the prescribed period is the period which is, in accordance with regulation 18(3) of the Stakeholder Pension Schemes Regulations 2000, the statement year in relation to that scheme.
4
For the purposes of paragraph (2)(a) the date of the last payment referred to in that paragraph must be no later than —
a
5th April 2003, where paragraph (2)(a)(i) applies; or
b
12 months after the date the employee joined the scheme, where paragraph (2)(a)(ii) applies.
5
The prescribed intervals before the end of which the trustees or managers must send the employee the statement referred to in paragraph (1) are those specified in paragraph (6) or (7), as the case may be.
6
Where the scheme is not a stakeholder pension scheme the prescribed intervals are —
a
in the case of the first statement referred to in paragraph (1) —
i
the period beginning with 6th April 2001 and ending with 5th April 2003, where paragraph (2)(a)(i) applies; or
ii
the period of 12 months beginning with the date the employee joined the scheme, where paragraph (2)(a)(ii) applies; and
b
in the case of —
i
the second statement, the period of 12 months beginning with the next anniversary of the date the employee joined the scheme following the date the trustees or managers sent the employee the first statement; and
ii
the third or any subsequent statement, the period of 12 months beginning with the anniversary of the date the employee joined the scheme.
7
Where the scheme is a stakeholder pension scheme the prescribed interval is 3 months after the end of the statement year to which that statement relates.
Revocation
7
Regulation 5A of the Personal Pension Schemes (Disclosure of Information) Regulations 1987 (member to be informed when contributions not received) is revoked.
Signed by authority of the Secretary of State for Social Security
P. Hollis
Parliamentary Under-Secretary of State
Department of Social Security
30th September 2000


text:
1
1
This Order may be cited as the North Riding College Higher Education Corporation (Dissolution) Order 2000 and shall come into force on 1st August 2000.
2
In this Order “the corporation” means North Riding College higher education corporation.
2
On 1st August 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to and vest in the University of Hull.
3
Section 127 of the Education Reform Act 1988 shall apply to any person employed by the corporation immediately before 1st August 2000 as if the reference in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the transfer date were to 1st August 2000;
c
to the transferor authority were to the corporation; and
d
to the corporation were to the University of Hull.
Tessa Blackstone
Minister of State,
Department for Education and Employment
14th February 2000


text:
PART I
PRELIMINARY
Citation and commencement
1
These Rules may be cited as the Army Custody Rules 2000 and shall come into force on 2nd October 2000.
Interpretation
2
1
In these Rules —
“the accused” means —
in relation to proceedings under section 75F(1) of the Act , the person who is required to be brought before a judicial officer under section 75F(1) of the Act;
in relation to proceedings on a review under section 75G(1) of the Act, the person to whom the review relates;
“the Act” means the Army Act 1955;
“application” means the application by the commanding officer to the judicial officer for an extension of custody without charge under section 75C of the Act;
“the commanding officer” means —
in relation to proceedings on an application under section 75C of the Act —
the commanding officer of the person to whom the application relates or,
where the functions of the commanding officer under that section in relation to the application have been delegated to another officer in accordance with regulations made under section 75E of the Act, that officer; and
subject to paragraph (2), in relation to proceedings under section 75F(1) of the Act or proceedings on a review under section 75G(1) of the Act, the accused’s commanding officer;
“custody” means military custody;
“hearing” means, as the case may be —
a hearing of an application under section 75C of the Act;
a hearing under section 75F(1) of the Act; or
a hearing before a judicial officer conducting a review under section 75G(1) of the Act;
“the relevant court administration officer” means —
the court administration officer; or
where the court administration officer has for the time being directed an assistant court administration officer to carry out the functions conferred by these Rules on the relevant court administration officer, that officer;
“the relevant time” means —
in relation to a person arrested under section 74 of the Act or arrested by a constable, the time of the arrest; and
in relation to a person delivered into custody following surrender under section 188 of the Act or paragraph 6 of Schedule 2 to the Reserve Forces Act 1996 , the time of the surrender; and
“a review” means a review conducted by the judicial officer under section 75G(1) of the Act.
2
In Parts III, IV and V of these Rules, any reference to the commanding officer in relation to —
a
proceedings under section 75F(1) of the Act;
b
proceedings on a review under section 75G(1) of the Act,
shall include a reference to any person under his command who has his authority to exercise his functions under these Rules with respect to those proceedings.
3
Subject to paragraphs (4) and (5), “the judicial officer” means, in relation to the exercise of any function conferred by these Rules in any proceedings, the judicial officer for the time being specified by or on behalf of the Judge Advocate General to exercise that function in those proceedings.
4
In relation to a review conducted at any time after the commencement of the trial of the accused by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, references to the judicial officer in these Rules shall have effect as references to the judge advocate.
5
Where —
a
the commanding officer orders a person’s arrest under section 75K(1) of the Act; and
b
at the time the arrest is made the person is already before a judicial officer,
the judicial officer shall immediately carry out the review required by section 75K(7)(b) of the Act; and any reference in these Rules to the judicial officer in relation to such a hearing shall be construed accordingly.
Service of documents
3
1
Subject to paragraph (4) and rule 21(2), any notice or other document required by these Rules to be served on a person may be served on that person by —
a
delivering it to him;
b
leaving it at his proper address;
c
sending it by post to his proper address; or
d
transmitting it to him by FAX or other means of electronic data transmission in accordance with rule 4.
2
For the purposes of this rule and rule 4, the reference to a person’s proper address shall be to such address determined in accordance with Schedule 1.
3
Paragraph (4) applies to the service of any notice or other document on the person to whom the proceedings relate, where that person has appointed a legal adviser to act in connection with the conduct of those proceedings and —
a
notice has been served in accordance with rule 19(5); and
b
no notice of the revocation of that appointment has been served in accordance with rule 19(6).
4
Where this paragraph applies any notice or other document shall be served on the person to whom the proceedings relate by —
a
delivering it to his legal adviser;
b
leaving it at the address notified under rule 19(5);
c
sending it by post to his legal adviser to the address notified under rule 19(5); or
d
transmitting it to his legal adviser by FAX or other means of electronic data transmission in accordance with rule 4.
5
Paragraph (6) applies to the service of any notice or other document on the person to whom the proceedings relate in any case not falling within paragraph (3).
6
Where this paragraph applies and without prejudice to paragraph (1), any notice or other document may be served on the person to whom the proceedings relate by —
a
delivering it to the commanding officer;
b
leaving it at the commanding officer’s proper address;
c
sending it by post to the commanding officer at his proper address; or
d
transmitting it to the commanding officer by FAX or other means of electronic data transmission in accordance with rule 4.
7
In these Rules, “FAX” means the making of a facsimile copy of a document by the transmission of electronic signals.
Service by FAX or other means of electronic data transmission
4
1
A document may be transmitted by FAX to a person if it is transmitted —
a
where the person is the legal adviser of the person to whom the proceedings relate, to the FAX number of any FAX machine at the address notified in accordance with rule 19(5); and
b
in any other case, to the FAX number of any FAX machine at his proper address.
2
Paragraph (1) shall not apply if the person concerned has indicated in writing that he is not willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number falling within that paragraph.
3
In paragraph (1), the reference to a FAX machine is to any machine which is capable of receiving documents transmitted by FAX.
4
A document may be transmitted by FAX where the person to be served has indicated in writing to the person serving the document that he is willing to regard a document as having been duly served on him if it is transmitted to a specified FAX number and the document is transmitted to that number.
5
Paragraph (4) shall apply with appropriate modification to a transmission of electronic data other than by FAX as it applies to a transmission by FAX.
6
In paragraph (4), the reference to the person to be served is —
a
in a case falling within rule 3(4)(d), a reference to the legal adviser appointed by the person to whom the proceedings relate; and
b
in a case falling within rule 3(6)(d), a reference to the commanding officer.
7
Where a document is transmitted by FAX in accordance with this rule, the person to whom the document is addressed shall be specified in the FAX.
Substituted service
5
1
Where, in any case not falling within rule 3(3) —
a
a notice or other document is required under these Rules to be served by the person to whom the proceedings relate on a person other than the commanding officer; and
b
the person to whom the proceedings relate is in military custody,
the requirement shall be satisfied by serving the notice or other document on the commanding officer together with a written request that he serve it on the person on whom under these Rules the document is required to be served.
2
Where a notice or other document is served on the commanding officer in accordance with paragraph (1), he shall serve that document on the person specified in the written request.
Appointment of court administration officer
6
1
There shall be a court administration officer, who shall be a person appointed by the Defence Council for the purpose of discharging such administrative functions as shall be provided under these Rules.
2
The Defence Council may appoint persons to be assistant court administration officers for the purposes of discharging the functions of the relevant court administration officer when so directed by the court administration officer.
Appointment of court officials
7
The relevant court administration officer may at any time appoint a person or persons to act as —
a
court recorder;
b
interpreter,
at a hearing.
PART II
NOTIFICATIONS
Notification of application for an extension of custody without charge
8
1
Where the commanding officer proposes to make an application he, or someone acting on his behalf, shall —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the person to whom the application relates in writing of that fact and of the information specified under paragraph (2)(f), (g) and (h) and, if the person to whom the application relates has not appointed a legal adviser, of the entitlement to legal representation at the hearing of the application.
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the person to whom the application relates and, where applicable, his rank, service number, unit and regiment or corps;
c
the name and address of the legal adviser appointed by the person to whom the application relates, if known;
d
the nature of the offence for which the person to whom the application relates has been arrested;
e
the relevant time;
f
the general nature of the evidence on which the person to whom the application relates was arrested;
g
what inquiries relating to the offence have been made and what further inquiries are proposed; and
h
the commanding officer’s reasons for believing the continued keeping of the person to whom the application relates in custody is justified.
Notification that accused is being kept in custody after charge
9
1
Subject to rule 10, where the accused is kept in custody after being charged, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he is to be brought before a judicial officer as soon as practicable and of the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number, unit and regiment or corps;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was charged; and
f
the commanding officer’s reasons for believing that the continued keeping of the accused in custody is justified.
3
For the purposes of paragraph (1), a person is to be treated as charged with an offence if he is to be so treated by virtue of section 75(4) of the Act.
Notification that accused has been arrested and taken into custody
10
1
Subject to paragraph (3), where the accused is arrested under subsection (1) or subsection (3) of section 75K of the Act and taken into custody, the commanding officer, or someone acting on his behalf, shall as soon as practicable —
a
notify the relevant court administration officer of that fact and the necessary information; and
b
inform the accused in writing that he shall be brought before a judicial officer as soon as practicable and, if the accused has been arrested under section 75K(1) of the Act, the information specified under paragraph (2)(f).
2
The necessary information to be notified under paragraph (1)(a) is:
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number, unit and regiment or corps;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date and time that the accused was arrested pursuant to the order or direction; and
f
if the arrest is made under section 75K(1) of the Act, the commanding officer’s reasons for believing that the keeping of the accused in custody is justified.
3
Paragraph (1) shall not apply —
a
in relation to an arrest under section 75K(1) of the Act, where the arrest takes place in circumstances falling within rule 2(5);
b
in relation to an arrest under section 75K(3) of the Act, where the accused is already before the judge advocate when the arrest is made.
Request by the commanding officer for a review
11
1
Subject to paragraph (3), a request for a review under section 75G(2)(b) of the Act shall be made by the commanding officer to the relevant court administration officer and be supported by the following information —
a
the name, rank, appointment and location of the commanding officer;
b
the name, date of birth and location of the accused and, where applicable, his rank, service number, unit and regiment or corps;
c
the name and address of the accused’s legal adviser, if known;
d
the charge;
e
the date on which the extant order under section 75F(2) was made and the period of custody authorised by it;
f
the circumstances which have caused the commanding officer to consider that the grounds on which that order was made have ceased to exist; and
g
if it appears to the commanding officer that requirements should be imposed by the judicial officer under section 75J(2)(b) of the Act, the suggested requirements.
2
Where a request is made under paragraph (1), the commanding officer, or someone acting on his behalf, shall inform the accused of that fact in writing and of the information specified under paragraph (1)(f) and (g).
3
Where the commanding officer requests a review under section 75G(2)(b) of the Act after the commencement of the accused’s trial by court-martial and on a day when that court-martial is sitting, the request shall be made to the judge advocate.
Written notification
12
Where —
a
a notification required to be given to the relevant court administration officer under paragraph (1)(a) of rule 8, 9 or 10 is given orally; or
b
a request under rule 11(1) is made orally,
the commanding officer shall ensure that a notice containing the information so notified or given in support of the request is served on the court administration officer as soon as practicable thereafter.
PART III
REVIEWS
Review dates
13
1
Where the judicial officer makes an order under section 75F(2) of the Act, he shall determine the date on which that order is to be reviewed and specify that date in the record of the order.
2
The judicial officer may decide to carry out the review on a different date where —
a
a request for a review is made under section 75G(2)(b) of the Act and he considers that it is reasonably practicable for the review to take place before the date determined under paragraph (1); or
b
it is not practicable or in the interests of justice for the review to take place on the date determined under paragraph (1),
in which case the relevant court administration officer shall notify the commanding officer and the accused of the different date.
Requirement for a hearing
14
1
A review shall be carried out at a hearing if —
a
it is the first review under section 75G(1) of the Act in relation to the accused;
b
it has been requested under section 75G(2)(b) of the Act;
c
it is a review carried out at any time after the commencement of the accused’s trial by court-martial and before the announcement of the court-martial’s finding on the charge or every charge against the accused, other than during an adjournment;
2
In any other case, a review shall be carried out at a hearing unless —
a
the judicial officer is satisfied on the basis of the representations made by the commanding officer under rule 15 that the grounds on which the order made under section 75F(2) of the Act continue to exist;
b
the accused has not made representations under rule 15 or, where such representations have been made, they do not contain any arguments as to fact or law which have not been heard previously; and
c
the judicial officer is satisfied that there is no other reason for carrying out the review at a hearing.
3
The judicial officer shall not on a review impose any requirements under section 75J(2)(b) of the Act unless the review is carried out at a hearing.
Written representations
15
1
This rule applies to any review other than a review to which rule 14(1) applies.
2
The commanding officer and the accused may make written representations with respect to —
a
the need for a hearing for the purposes of carrying out a review;
b
whether or not the judicial officer should on a review make an order under section 75F(2) of the Act authorising the keeping of the accused in custody.
3
Any written representations made under paragraph (2) shall be served on the court administration officer and a copy shall be served on the commanding officer or, as the case may be, the accused.
Notification of hearing for the purposes of carrying out a review
16
1
Where a hearing is required for the purposes of carrying out a review, the relevant court administration officer shall, after consultation with the Judge Advocate General or a person acting on his behalf, determine the time and place of the hearing.
2
The relevant court administration officer shall ensure that the hearing of a review takes place on the date determined by the judicial officer in accordance with rule 13.
3
The relevant court administration officer shall notify the commanding officer and the accused of the time and place of the hearing.
Decisions on reviews carried out without a hearing
17
1
This rule applies in any case where the judicial officer carries out a review without a hearing.
2
Where the judicial officer decides not to authorise the keeping of the accused in custody he shall —
a
notify the relevant court administration officer of that fact as soon as practicable; and
b
record his decision in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
3
Where the relevant court administration officer is notified under paragraph (2)(a), he shall notify the commanding officer and the accused as soon as practicable of the judicial officer’s decision.
4
Where the judicial officer makes an order under section 75F(2) of the Act, this shall be recorded in the form set out in Schedule 2 to these Rules, which form shall be served by the relevant court administration officer on the commanding officer and the accused.
PART IV
GENERAL MATTERS
Arranging a hearing
18
1
Where the relevant court administration officer receives notification under paragraph (1)(a) of rule 8, 9 or 10 he shall, after consultation with the Judge Advocate General or a person acting on his behalf, determine the time and place of any hearing.
2
The relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the time and place of the hearing.
3
If, having notified a person in accordance with paragraph (2), the relevant court administration officer changes the time or place of the hearing, he shall notify that person of the change.
4
The relevant court administration officer shall arrange for the attendance at a hearing of a court recorder if the judicial officer so requests.
5
The relevant court administration officer shall arrange for the attendance at a hearing of an interpreter if the judicial officer, the commanding officer or the person to whom the proceedings relate so requests.
Legal representation
19
1
Subject to rule 20, the person to whom the proceedings relate and the commanding officer shall each have the right to be legally represented at a hearing.
2
Subject to rule 20, the person to whom the proceedings relate may appoint a person (referred to in these Rules as his “legal adviser”) to act for him in connection with the conduct of any proceedings to which these Rules relate.
3
The commanding officer shall ensure that the person to whom the proceedings relate is afforded reasonable opportunity of communicating with his legal adviser for the purposes of preparing for the proceedings in connection with which the legal adviser has been appointed.
4
Without prejudice to paragraph (1), where paragraph (5) applies, any right conferred or duty imposed by these Rules on the person to whom the proceedings relate may be exercised or, as the case may be, performed by his legal adviser on his behalf.
5
This paragraph applies where a legal adviser appointed under this rule serves notice on the court administration officer specifying —
a
his name and address;
b
the name of the person in respect of whom he is acting and, where applicable, that person’s rank, service number, unit and regiment or corps; and
c
the proceedings in connection with which he has been appointed.
6
Where the person to whom the proceedings relate revokes his legal adviser’s appointment, he shall as soon as reasonably practicable serve notice on the court administration officer and the commanding officer of that fact.
Qualifications to be held by legal representatives
20
1
A person may only —
a
represent the commanding officer or, as the case may be, the person to whom the proceedings relate, at a hearing;
b
be appointed under rule 19(2) as a legal adviser,
if he is appropriately qualified.
2
For the purposes of paragraph (1), a person is appropriately qualified if —
a
he is a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
he is an advocate or a solicitor in Scotland;
c
he is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
d
he is a person who has in any Commonwealth country or any colony rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules.
Witness summons
21
1
Schedule 3 shall have effect with respect to summoning persons —
a
to give evidence, or
b
to produce any document or thing,
for the purposes of any proceedings to which these Rules apply.
2
A witness summons issued in accordance with Schedule 3 shall be served on the witness —
a
by delivering it to him;
b
by leaving it for him with a person at his usual place of abode;
c
by post in a letter addressed to him at his last known or usual place of abode;
d
where the witness is subject to military law, air force law or the Naval Discipline Act 1957 , by serving it on his commanding officer.
3
Where a witness summons is served on a person’s commanding officer under paragraph (2)(d), he shall serve the witness summons on that person.
Evidence through a live TV link
22
1
A witness may, with the permission of the judicial officer, give evidence at a hearing through a live television link or other similar arrangements if it is not reasonably practicable for that person to attend the hearing.
2
An application for permission under paragraph (1) shall be made by the person wishing to call the witness as soon as he believes that —
a
a person is likely to be able to give evidence likely to be material evidence; and
b
that it is not reasonably practicable for that person to attend the hearing.
3
The application shall be served on the court administration officer and shall state —
a
the grounds of the application;
b
the name and, where applicable, the service number, rank, unit and regiment or corps of the witness;
c
where the witness is under the age of 18 years, the date of birth of the witness;
d
the country and place where it is proposed the witness will be when giving evidence; and
e
the name, occupation and relationship to the witness of any person proposed to accompany the witness and the grounds for believing that person should accompany the witness when giving evidence.
4
A copy of the application shall be served on the commanding officer or, as the case may be, the person to whom the proceedings relate.
5
The judicial officer shall not determine the application without giving the person served under paragraph (4) an opportunity to make representations about the application.
6
Where the application is determined prior to the hearing in which the evidence is to be given, the relevant court administration officer shall notify the commanding officer and the person to whom the proceedings relate of the decision of the judicial officer in relation to the application and, where permission is granted, the notification shall state any conditions specified by the judicial officer in accordance with paragraph (7).
7
The judicial officer may make the grant of permission subject to such conditions as he considers necessary with respect to the manner in which the evidence is to be given, including —
a
specifying the place where the witness is to give evidence; and
b
specifying the persons in whose presence the witness is to give evidence.
8
This rule is without prejudice to the rights of the commanding officer and the person to whom the proceedings relate to give evidence through a live link or other similar arrangements by virtue of rules 23(4) and 24.
PART V
HEARINGS
Procedure at the hearing
23
1
The judicial officer shall not be bound at a hearing by any enactment or rule of law relating to the admissibility of evidence in proceedings before courts of law.
2
The commanding officer and the person to whom the proceedings relate shall each be heard in such order as the judicial officer shall determine and, in exercising his powers under this paragraph, the judicial officer shall adopt such course as appears to him will best serve the interests of justice.
3
The judicial officer shall explain the order of the proceedings which he proposes to adopt at the beginning of the hearing.
4
Subject to section 75G(6) of the Act, the commanding officer and the person to whom the proceedings relate shall each be entitled to —
a
give evidence on oath and call witnesses;
b
produce to the judicial officer any document or written report; and
c
address the judicial officer at least once;
on any matter relevant to the proceedings.
5
The judicial officer shall make a record of the hearing, unless a court recorder is in attendance.
Presence at hearing by live TV link
24
1
A person mentioned in paragraph (2) shall be treated as being present at a hearing if, whether by means of a live television link or similar arrangements, he is able to see and hear and to be seen and heard by the judicial officer, any witness giving evidence and all other persons mentioned in that paragraph.
2
The persons are —
a
the person to whom the proceedings relate;
b
the commanding officer;
c
where the commanding officer or, as the case may be, the person to whom the proceedings relate is legally represented, any such legal representative;
d
any person appointed under rule 7 to act as an interpreter for the purposes of the hearing.
Adjournments
25
Where a person to whom the application relates is not legally represented at a hearing of an application under 75C of the Act, the judicial officer shall explain —
a
the right of the person to whom the application relates to be legally represented;
b
the right to an adjournment if he wishes to be so represented; and
c
the effect of such an adjournment.
Presence of witnesses
26
Except where the person is the commanding officer or the person to whom the proceedings relate or is present to give expert evidence or evidence as to a person’s character, a person who is called to give evidence shall not, except with the consent of the judicial officer, be present at a hearing while not under examination.
Oaths and affirmations
27
1
An oath shall be administered at the start of the hearing to any person appointed to act as an interpreter and, before oral evidence is given, to any witness who has attained the age of 14 years.
2
If —
a
a person required by virtue of this rule to take an oath objects to being sworn; or
b
it is not reasonably practicable to administer an oath to such a person as aforesaid in the manner appropriate to his religious belief,
he shall be permitted to make a solemn affirmation instead of taking an oath.
3
A person who may be permitted under this rule to make his solemn affirmation may also be required to do so, and for the purposes of this rule “reasonably practicable” means reasonably practicable without inconvenience or delay.
4
An oath or affirmation shall be administered in the form and manner set out in Schedule 4 to these Rules by the judicial officer, or where the judical officer so directs, by any other person acting on his behalf.
Privileges and immunities
28
A witness at a hearing or any other person whose duty it is to attend on or before the judicial officer at the hearing shall be entitled to the same immunities and privileges as a witness before the High Court in England and Wales.
Decision of the judicial officer
29
1
The judicial officer shall announce his decision and the reasons for it at the end of any hearing and record that decision in the form set out in Schedule 2 to these Rules.
2
The relevant court administration officer shall serve copies of that form on the commanding officer and the person to whom the proceedings relate.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
PART I
GENERAL
1
1
This Order may be cited as the European Court of Human Rights (Immunities and Privileges) Order 2000.
2
Parts I and II of this Order shall come into force on the date on which the Sixth Protocol to the General Agreement on Privileges and Immunities of the Council of Europe done at Strasbourg on 5th March 1996 enters into force with respect to the United Kingdom. Part III of this Order shall come into force on the date on which the European Agreement relating to Persons Participating in Proceedings of the European Court of Human Rights done at Strasbourg on 5th March 1996 enters into force with respect to the United Kingdom. These dates shall be notified in the London, Edinburgh and Belfast Gazettes.
2
1
In this Order —
“ the Convention ” means the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4th November 1950 as amended by Protocol No 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms restructuring the control machinery established thereby ;
“the Committee of Ministers ” means the Committee of Ministers of the Council of Europe when exercising its functions under Article 46(2) of the Convention;
“ the Court ” means the European Court of Human Rights established by Article 19 of the Convention or any Chamber, judge or judges of the Court carrying out their duties under the terms of the Convention or the rules of the Court;
“judges of the Court” means judges elected under Article 22 or appointed under Article 27 of the Convention;
“persons participating in proceedings” means —
any persons taking part in proceedings instituted before the Court as parties, their representatives and advisors.
witnesses and experts called upon by the Court and other persons invited by the President of the Court to take part in proceedings.
any person mentioned in sub-paragraph (a) or (b) of this paragraph who is called upon to appear before or to submit written statements to the Committee of Ministers;
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
2
For the purposes of this Order any petition, complaint or other communication which, with a view to action to be taken by or before the Court —
a
is made to the Court, or
b
is made to a person through whom, in accordance with the constitution, rules or practice of the Court, such a communication can be received,
shall be deemed to be proceedings before the Court, and the person making any such communication shall be deemed to be a party to such proceedings.
PART II
THE COURT
3
The judges of the Court, the Registrar of the Court and the Deputy Registrar of the Court shall have inviolability in respect of their documents and papers in so far as they relate to the business of the Court.
4
1
Except in so far as in any particular case any privilege or immunity is waived by the Court sitting in plenary session, judges of the Court, the Registrar of the Court and, when he is acting as the Registrar, the Deputy Registrar of the Court shall enjoy: —
a
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, and rates as are accorded to or in respect of the head of a diplomatic mission;
b
immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in their official capacity;
c
exemption from income tax in respect of the salaries and emoluments received by them;
d
the like exemption from duties and taxes on the importation of articles imported for their personal use, including articles intended for their establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
e
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
f
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens, British Nationals (Overseas) or permanently resident in the United Kingdom relief under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom by or on their behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and
g
exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland,
i
services rendered for the Court by them shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
2
Paragraph 1(c) of this Article shall not apply to pensions or annuities paid by the Court.
PART III
PERSONS PARTICIPATING IN PROCEEDINGS
5
Except in so far as in any particular case any immunity is waived by the Court, persons participating in proceedings shall have: —
a
in respect of words spoken or written and documents or other evidence submitted by them before or to the Court (but not where such words, documents or evidence or any part thereof are communicated by them or on their behalf outside the Court) the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;
b
while passing in transit through the United Kingdom during their journeys to and from the proceedings or while in the United Kingdom for the purpose of such proceedings there, immunity from criminal proceedings and, except for the purpose of detaining a person who has escaped from legal custody, from personal arrest in respect of acts or convictions prior to the commencement of the journey, provided that their presence at the proceedings has been authorised in advance by the Court and that fifteen days have not elapsed from the date when their presence is no longer required by the Court.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Immigration (Eligibility for Assistance) (Scotland and Northern Ireland) Regulations 2000 and shall come into force on 3rd April 2000.
2
In these Regulations, “the 1999 Act ” means the Immigration and Asylum Act 1999.
3
Regulation 3 does not extend to Northern Ireland.
4
Regulation 4 does not extend to Scotland.
Eligibility for social assistance — Scotland and Northern Ireland
2
1
Subject to paragraphs (2) and (3), any asylum-seeker who made a claim for asylum before 3rd April 2000 and any dependant of such an asylum-seeker shall be treated–
a
in Scotland, for the purposes prescribed by regulation 3 only;
b
in Northern Ireland, for the purposes prescribed by regulation 4 only;
as not being a person to whom section 115 of the 1999 Act (exclusion from benefits of persons subject to immigration control) applies.
2
Paragraph (1)(a) does not apply where the person who made the claim for asylum is a person who, by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 is not excluded by section 115(1) of the 1999 Act from entitlement to–
a
income-based jobseeker’s allowance under the Jobseekers Act 1995 ; or
b
income support, housing benefit or council tax benefit under the Social Security Contributions and Benefits Act 1992 .
3
Paragraph (1)(b) does not apply where the person who made the claim for asylum is a person, who by virtue of regulation 2 of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000 is not excluded by section 115(2) of the 1999 Act from entitlement to–
a
income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 1995 ; or
b
income support or housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992 .
Eligibility for social assistance — Scottish provisions
3
Regulation 2(1)(a) applies only for the purposes of the following provisions–
a
sections 12, 13A and 13B of the Social Work (Scotland) Act 1968 ;
b
sections 7 and 8 of the Mental Health (Scotland) Act 1984 .
Eligibility for social assistance — Northern Ireland provisions
4
Regulation 2(1)(b) applies only for the purposes of Articles 7 and 15 of the Health and Personal Social Services (Northern Ireland) Order 1972 .
Eligibility for support for children — Scotland and Northern Ireland
5
Subsection (5) of section 122 of the 1999 Act (support for children) does not apply in relation to any person or family in respect of whom or which a relevant authority was, immediately before 3rd April 2000, providing assistance under–
a
section 22 of the Children (Scotland) Act 1995 (local authority support in Scotland for children and their families ); or
b
Article 18 of the Children (Northern Ireland) Order 1995 (equivalent provision for Northern Ireland) .
Barbara Roche
Minister of State
Home Office
6th March 2000


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Training) Amendment Rules Approval Order 2000 and shall come into force on 31st August 2000.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
29th August 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Compliance) (Amendment) Regulations 2000 and shall come into force on 23rd August 2000.
2
Regulations 3(2), 4, 5, 6(2), (3) and (4), 7, 9, 10, 11, 13, 14, 15, 16, 17(2)(a) and (3), and 19(2), (3), (4) and (5) shall have effect in relation to policies or contracts made by, or, as the case may be, transferred to, an insurance company on or after 22nd August 2000.
3
Regulation 3(3) and 12 shall have effect in relation to policies or contracts made by, or, as the case may be, transferred to, an insurance company on or after 8th November 1999.
4
Regulations 8 and 19(6) shall have effect in relation to —
a
accounting periods ending on or after 31st December 1999; or
b
where an insurance company has so elected by written notice given to an officer of the Board on or before 31st December 1999, the first accounting period beginning on or after 1st October 1999 and ending after 31st December 1999 and subsequent accounting periods.
5
Regulation 18 shall have effect in relation to cases occurring on or after 8th November 1999.
Interpretation
2
In these Regulations —
“the Board” means the Commissioners of Inland Revenue;
“the principal Regulations ” means the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 ;
“regulation” means a regulation of the principal Regulations.
Amendments to regulation 2
3
1
Amend regulation 2 as follows.
2
In paragraph (1) —
a
for the definition of “beneficiary” substitute —
“beneficiary” has the meaning given by regulation 2 of the Excluded Business Regulations;
;
b
after the definition of “company tax return” insert —
“excluded business” means business which is excluded from section 431D (as amended by section 108 of the Finance Act 2000 and from time to time) by the Excluded Business Regulations;
“the Excluded Business Regulations ” means the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 ;
;
c
omit the definition of “settlor”;
d
for the definition of “term assurance business” substitute —
“term assurance business” means life assurance business in relation to which the policy or contract, or the underlying policy, is one which —
is for a specified term; and
is not capable of acquiring a surrender value that exceeds the amount of premiums paid;
3
In paragraph (3) for “7” substitute “7A”.
4
After paragraph (4) insert —
5
Save where otherwise indicated, any reference in these Regulations to any of the provisions of section 431D is a reference to that provision as it had effect prior to the amendment of that section by section 108 of the Finance Act 2000.
Amendments to regulation 5
4
1
Amend regulation 5 as follows.
2
In paragraph (1)(e) for “one to which section 431D(2) or (4) applies ” substitute “for excluded business”.
3
In paragraph (1A)(d) for “for that business” to the end substitute “ is not for excluded business”.
Amendments to regulation 7
5
1
Amend regulation 7 as follows.
2
In paragraph (2)(b) for “section 431D(5) applies” substitute “ the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
3
For paragraph (5) substitute —
5
The declaration prescribed is a declaration that the policy or contract is not for excluded business.
4
For paragraph (8) substitute —
8
The certificate prescribed is a certificate stating that the circumstances are as set out in paragraph (1)(b) or (c), as the case may be, of regulation 5 of the Excluded Business Regulations.
5
In paragraph (9) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
Amendments to regulation 7A
6
1
Amend regulation 7A as follows.
2
For paragraph (3) substitute —
3
The business shall be overseas life assurance business where the insurance company completes the certificate prescribed in paragraph (4) or (5) below.
3
In paragraph (4) —
a
in sub-paragraph (f) for “one to which section 431D(2) applies” substitute “ for excluded business”;
b
omit sub-paragraph (g);
c
in sub-paragraph (h) for “(g)” substitute “(f)”.
4
For paragraph (5) substitute —
5
The certificate prescribed is a certificate —
a
showing the date on which it is given,
b
stating the name of the policy holder,
c
stating any unique identifying designation given to the policy or contract, and
d
stating that to the best of the company’s knowledge and belief the policy or contract is for business of a description falling within regulation 7(b) of the Excluded Business Regulations.
5
In paragraph (8)(b) for “a single document.” substitute “a single document,”.
Amendments to regulation 8
7
1
Amend regulation 8 as follows.
2
In paragraph (2)(b) for “section 431D(5) applies” substitute “ the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
3
For paragraph (5) substitute —
5
The declaration prescribed is a declaration that the policy or contract is not for excluded business.
4
For paragraph (8) substitute —
8
the certificate prescribed is a certificate stating that the circumstances are as set out in regulation 5(1)(b) or (c) of the Excluded Business Regulations.
5
In paragraph (9) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
Amendment to regulation 9
8
In regulation 9 in paragraph (3)(a) after “regulation 5(4)” insert “or (4A)”.
Amendments to regulation 10
9
In regulation 10 in both paragraphs (3)(b) and (4)(b) for “ section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
Amendments to regulation 10A
10
1
Amend regulation 10A as follows.
2
In paragraph (2)(b) before “the undertaking” insert “where the cedant company has completed the certificate prescribed in regulation 7A(4), ”.
3
In paragraph (4) for the words “paragraph (4) or (5) of regulation 7A, as the case may be,” substitute “regulation 7A(4)”.
Amendments to regulation 11
11
In regulation 11 in both paragraphs (3) and (4)(b) for “section 431D(5) applies” substitute “the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations”.
Amendment to regulation 12
12
In regulation 12 for “16” substitute “16A”.
Amendments to regulation 14
13
1
Amend regulation 14 as follows.
2
In paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.
3
After paragraph (3) insert —
3A
Subject to paragraph (3) above, where the policy is for term assurance business, the territory in which the policy holder was residing at the time the policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the policy was made or transferred.
4
In paragraph (4) for “or (3)” substitute “, (3) or (3A)”.
Amendments to regulation 14A
14
1
Amend regulation 14A as follows.
2
In paragraph (3) —
a
for “paragraph (4) below” substitute “paragraphs (4), (4A) and (4B) below”;
b
for “ paragraph (4) of regulation 7A” to the end substitute “regulation 7A(4) above”.
3
After paragraph (4) insert —
4A
Subject to paragraph (4) above, where the policy is for term assurance business, the territory in which the policy holder was residing at the time the policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the policy was made or transferred.
4B
Where the policy or contract is for business of a description falling within regulation 7(b) of the Excluded Business Regulations, the territory in which the policy holder was residing at the time the policy or contract was made or transferred shall be the territory under the law of which the scheme mentioned in that regulation is established.
4
In paragraph (5) for “or (4)” substitute “, (4), (4A) or (4B)”.
Amendments to regulation 16
15
1
Amend regulation 16 as follows.
2
In paragraph (2) for “paragraph (3)” substitute “paragraphs (3) and (3A)”.
3
After paragraph (3) insert —
3A
Subject to paragraph (3) above, where the underlying policy is for term assurance business, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the underlying policy was made or transferred.
4
In paragraph (4) for “or (3)” substitute “, (3) or (3A)”.
Amendments to regulation 16A
16
1
Amend regulation 16A as follows.
2
In paragraph (2) —
a
for “paragraph (3)” substitute “paragraphs (3), (3A) and (3B)”;
b
for “paragraph (4)” to the end substitute “regulation 7A(4) above”.
3
After paragraph (3) insert —
3A
Subject to paragraph (3) above, where the underlying policy is for term assurance business, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory in which, to the best of the company’s knowledge or belief, the policy holder was residing at the time the underlying policy was made or transferred.
3B
Where the underlying policy is for business of a description falling within regulation 7(b) of the Excluded Business Regulations, the territory in which the policy holder was residing at the time the underlying policy was made or transferred shall be the territory under the law of which the scheme mentioned in that regulation is established.
4
In paragraph (4) for “or (3)” substitute “, (3), (3A) or (3B)”.
Amendments to regulation 18
17
1
Amend regulation 18 as follows.
2
In paragraph (1)(a) —
a
in paragraph (ii) after “section 431D(5) applies” insert “, or where the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations,”;
b
in paragraph (iii) for “7(A)(1)” substitute “7A(1)”.
3
In paragraph (1)(e) for “that any of the requirements” to the end substitute
that —
any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document), or
the business was excluded business.
Amendment to regulation 18A
18
In regulation 18A in paragraph (1)(b) after “5(4)” insert “or (4A)”.
Amendments to regulation 19
19
1
Amend regulation 19 as follows.
2
In paragraph (1)(a) after “section 431D(5) applies” insert “, or the business is of a description falling within the circumstances set out in regulation 5 of the Excluded Business Regulations,”.
3
In paragraph (1)(e) for “that any of the requirements” to end substitute
that —
any of the requirements of section 431D (other than those relating to where the policy holder is residing) was not fulfilled (notwithstanding its possession of any certificate, declaration or other document), or
the business was excluded business.
4
In paragraph (3) for “paragraph (3A)” substitute “paragraphs (3A) and (3B)”.
5
After paragraph (3A) insert —
3B
Paragraph (3) above shall not apply where —
a
the case concerned falls within paragraph (1)(e) above,
b
the policy or contract fell within the description set out in regulation 7(c) of the Excluded Business Regulations when it was made or transferred, or the underlying policy fell within that description when it was made,
c
the case falls within paragraph (1)(e) above by reason of the fact that, at some time that is more than three years after the date on which the policy or contract was made or transferred, or the underlying policy was made, the number of persons for or in respect of whom benefits were to be provided under the policy or contract, or the underlying policy, and who were not relevant overseas employees within the meaning of regulation 2 of the Excluded Business Regulations, became a not insignificant number (“the relevant number”) for the purposes of regulation 7(c) of those Regulations, and
d
the relevant number has at no time exceeded the number which is equal to twenty per cent. of the total number of persons for or in respect of whom benefits are to be provided under the policy or contract or the underlying policy.
6
In paragraph (5)(b) for “14(5), 15(5) or 16(5)” substitute “14(5), 14A(5), 15(5), 16(5) or 16A(5),”.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
1st August 2000


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


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