text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the National Care Standards Commission (Registration) Regulations 2001 and shall come into force on 1st January 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Care Standards Act 2000;
“applicant” means a person seeking to be registered;
“half-way house” means a children’s home in which children aged 16 or over may prepare, or be assisted in preparing, for independent living;
“holding company” has the meaning given to it by section 736 of the Companies Act 1985 ;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“placement plan” has the meaning given to it in regulation 12 (child’s placement plan) of the Children’s Homes Regulations 2001 ;
“registered” means registered under Part II of the Act;
“registered manager” means a person who is registered as the manager of an establishment or agency;
“registered person” means a person who is the registered provider or registered manager in respect of an establishment or agency;
“registered provider” means a person who is registered as a person carrying on an establishment or agency;
“registration” means registration under Part II of the Act;
“relative”, in relation to any person, means —
the person’s spouse;
any parent, grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece of his or his spouse;
the spouse of any relative within sub-paragraph (b) of this definition,
and for the purpose of determining any such relationship a person’s step-child shall be treated as his child, and references to “spouse” in relation to any person include a former spouse and a person who is living with the person as husband and wife;
“representative” means, in relation to a service user, a person, other than the registered person or a person employed at or for the purposes of the establishment or agency, who with the service user’s express or implied consent takes an interest in the service user’s health and welfare;
“responsible individual” means an individual who is a director, manager, secretary or other officer of an organisation and is responsible for supervising the management of an establishment or agency;
“responsible person” means —
where the applicant is an individual —
the applicant; and
if the applicant carries on or intends to carry on the establishment or agency in partnership with others, each partner of his;
where the applicant is a partnership, each member of the partnership;
where the applicant is an organisation, the responsible individual;
“service user” means any person who is to be provided with accommodation or services in an establishment, or by an agency;
“statement of purpose” means —
in relation to a care home, the written statement required to be compiled in relation to the care home in accordance with regulation 4(1) of the Care Homes Regulations 2001 ;
in relation to a children’s home, the written statement required to be compiled in relation to the children’s home in accordance with regulation 4(1) of the Children’s Homes Regulations 2001 ;
in relation to an independent hospital, independent clinic, or independent medical agency, the written statement required to be compiled in relation to the independent hospital, independent clinic, or independent medical agency in accordance with regulation 5(1) of the Private and Voluntary Health Care (England) Regulations 2001 ;
in relation to an establishment or agency of any other description, a statement of the aims and objectives of the establishment or agency;
“subsidiary” has the meaning given to it by section 736 of the Companies Act 1985.
2
In these Regulations, unless the context otherwise requires, references to an establishment or agency are to be construed as references —
a
in the case of an applicant, to the establishment or agency in respect of which he is seeking to be registered;
b
in the case of a registered person, to the establishment or agency in respect of which he is registered.
3
In these Regulations, a reference —
a
to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
c
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
APPLICATIONS FOR REGISTRATION
Information and documents to be provided by an applicant
3
1
An application for registration shall —
a
be in writing on a form approved by the Commission;
b
be sent or delivered to the Commission;
c
be accompanied by a recent photograph of the responsible person, of whom the photograph shall be a true likeness;
d
give the information that the applicant is required to provide in accordance with paragraphs (2) to (4).
2
A person who is seeking to be registered as a person who carries on an establishment or agency shall provide to the Commission —
a
full information in respect of the matters listed in Parts I and II of Schedule 1;
b
the documents listed in paragraphs 1 to 3 and 5 to 9 of Schedule 2;
c
the documents listed in paragraphs 4 and 10 of Schedule 2, except where any certificate or information on any matters referred to in those paragraphs is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
3
A person who is seeking to be registered as a manager in respect of an establishment or agency shall provide to the Commission —
a
full information in respect of each of the matters listed in Part I of Schedule 3;
b
the documents listed in paragraphs 9 to 11 of that Schedule;
c
the documents listed in paragraphs 12 and 13 of that Schedule, except where any certificate or information on any matters referred to in those paragraphs is not available to the person because any provision of the Police Act 1997 has not been brought into force.
4
A person who is seeking to be registered in respect of an establishment or agency of a description specified in column (1) below shall provide to the Commission full information in respect of each of the matters listed in the Schedule specified in the corresponding entry in column (2) below.
(1) (2) Establishment or agency Schedule
Care home Schedule 4 Children’s home Schedule 5 Independent hospital, independent clinic, or independent medical agency Schedule 6
5
If the Commission so requests, the applicant shall provide full information to the Commission in respect of the matters listed in Part III of Schedule 1 in relation to any person specified for this purpose by the Commission who works, or is intended to work, at the establishment or for the purposes of the agency.
6
The applicant shall provide to the Commission any other information or documents that it may reasonably require in relation to his application for registration.
Convictions
4
Where the Commission asks the responsible person for details of any criminal convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and informs him at the time the question is asked that by virtue of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 spent convictions are to be disclosed, he shall supply in writing to the Commission details of any spent convictions that he has.
Interview
5
The responsible person shall attend an interview for the purpose of enabling the Commission to determine whether the applicant is fit to carry on or manage the establishment or agency in respect of which the applicant seeks to be registered.
Notice of changes
6
The applicant shall give notice in writing to the Commission of any change specified below which occurs after the application for registration is made and before it is determined —
a
any change of the name or address of the applicant or any responsible person;
b
where the applicant is a partnership, any change of membership of the partnership;
c
where the applicant is an organisation, any change of director, manager, secretary or other person responsible for the management of the organisation.
Information as to staff engaged after application made
7
1
Where an applicant applies for registration as a person who carries on an establishment or agency, and before the application is determined, engages a person to work at the establishment or for the purposes of the agency, he shall, in respect of each person so engaged —
a
obtain the information specified in paragraphs 16 and 17 of Schedule 1 and, except where paragraph (2) applies, the documents specified in paragraph 10 of Schedule 2, in relation to the position in which the person is to work;
b
provide to the Commission, if it so requests, any of the information or documents which he is required to obtain under paragraph (a).
2
This paragraph applies where any certificate or information on any matters referred to in paragraph 10 of Schedule 2 is not available to an individual because any provision of the Police Act 1997 has not been brought into force.
PART III
CERTIFICATES OF REGISTRATION
Registers
8
1
The Commission shall keep a register in respect of each description of establishment or agency specified in section 4(8)(a) or (9)(a) of the Act, other than that of voluntary adoption agency.
2
Each register shall contain, in relation to each establishment or agency in respect of which a person’s application for registration has been granted —
a
the particulars specified in Part I of Schedule 7; and
b
the particulars specified in respect of the register in Part II of that Schedule.
Contents of certificate
9
Where the Commission is required to issue a certificate of registration it shall ensure that the certificate contains the following particulars —
a
the name, address and telephone number of the Commission;
b
the name and address of the person who has been registered as the person who carries on the establishment or agency;
c
where the person is an organisation, the name of the responsible individual;
d
the name of the person registered as the manager of the establishment or agency;
e
the description of the establishment or agency by reference to the description of establishment or agency specified in section 4(8)(a) or (9)(a) of the Act;
f
where the registration is subject to any condition, details of the condition including any requirement in the condition as to —
i
the facilities or services that are to be provided;
ii
the number of service users for whom accommodation or services may be provided;
iii
the description of persons to whom facilities or services are to be provided;
iv
any period of time within which the condition is to be fulfilled;
v
the number and description of persons to be working at any specified place and time;
g
the date of registration;
h
a statement that if an establishment or agency is not carried on in accordance with the relevant requirements and conditions the registration is liable to be cancelled by the Commission;
i
a statement that the certificate relates only to the person to whom it is issued by the Commission and is not capable of being transferred to another person.
Return of certificate
10
If the registration of a person in respect of an establishment or agency is cancelled, he shall, not later than the day on which the decision or order cancelling the registration takes effect, return the certificate of registration to the Commission by —
a
delivering it to the Commission; or
b
sending it to the Commission by registered post or by recorded delivery.
Offence
11
1
A failure to comply with regulation 10 shall be an offence.
2
The Commission shall not bring proceedings against a person in respect of any failure to comply with that regulation unless —
a
notice has been given to him in accordance with paragraph (3);
b
the period specified in the notice, beginning with the date of the notice, has expired; and
c
the person fails to comply with that regulation.
3
Where the Commission considers that the person has failed to comply with regulation 10, it may serve a notice on the person specifying —
a
in what respect in its opinion the person has failed or is failing to comply with the requirements of that regulation;
b
what action, in the opinion of the Commission, the person should take so as to comply with that regulation; and
c
the period, not exceeding three months, within which the person should take action.
PART IV
CONDITIONS AND REPORTS
Application for variation or removal of a condition
12
1
In this regulation —
“application” means an application by the registered person under section 15(1)(a) of the Act for the variation or removal of a condition in relation to his registration;
“proposed effective date” means the date requested by the registered person as the date on which the variation or removal applied for is to take effect.
2
An application shall be —
a
made in writing on a form approved by the Commission;
b
sent or delivered to the Commission not less than six weeks before the proposed effective date or such shorter period (if any) before that date as may be agreed with the Commission;
c
accompanied by the information specified in paragraph (3);
d
accompanied by a fee of such amount as may be prescribed in relation to the variation or removal applied for by any regulation made under section 15(3) of the Act.
3
The following information is specified —
a
the proposed effective date;
b
the registered person’s reasons for making the application;
c
details of changes that the registered person proposes to make in relation to the establishment or agency as a consequence of the variation or removal applied for, including details of —
i
proposed structural changes to the premises that are used as an establishment or for the purposes of an agency;
ii
additional staff, facilities or equipment, or changes in management that are required to ensure that the proposed changes are carried into effect.
4
The registered person shall provide the Commission with any other information or any documents that it may reasonably require in relation to his application.
Report as to financial viability
13
If it appears to the registered person that the establishment or agency is likely to cease to be financially viable at any time within the next following six months, the registered person shall give a report to the Commission of the relevant circumstances.
PART V
CANCELLATION OF REGISTRATION
Cancellation of registration
14
The following grounds are specified for the purposes of section 14(1)(d) of the Act as grounds on which the Commission may cancel the registration of a person in respect of an establishment or agency —
a
he has failed to pay at the time prescribed under subsection (3) of section 16 of the Act the annual fee payable by him by virtue of that subsection;
b
he has in relation to any application by him —
i
for registration; or
ii
for the variation or removal of a condition in relation to his registration,
made a statement which is false or misleading in a material respect or provided false information;
c
the establishment or agency has ceased to be financially viable, or is likely to cease to be so within the next six months.
Application for cancellation of registration
15
1
In this regulation —
“application for cancellation” means an application by the registered person under section 15(1)(b) of the Act for the cancellation of his registration;
“notice of application for cancellation” means a notice by the registered person stating that he has made, or intends to make, an application for cancellation;
“proposed effective date” means the date requested by the registered person as the date on which the cancellation applied for is to take effect.
2
An application for cancellation shall be —
a
made in writing on a form approved by the Commission;
b
sent or delivered to the Commission not less than three months before the proposed effective date or such shorter period (if any) before that date as may be agreed with the Commission;
c
accompanied by the information specified in paragraph (4).
3
If the registered person makes an application for cancellation he shall not more than seven days thereafter give notice of application for cancellation to each of the persons specified in paragraph (4)(d), other than a person to whom he has given such notice within three months before he made the application for cancellation.
4
The following information is specified —
a
the proposed effective date;
b
a statement as to the arrangements (if any) that have been made by the registered person to ensure that on and after —
i
the date of application for cancellation; and
ii
the proposed effective date,
service users will continue to be provided with similar accommodation (if any) and services as those provided to them in the establishment or by the agency at the date on which the application for cancellation is made;
c
the registered person’s reasons for making the application for cancellation;
d
particulars of any notice of application for cancellation that has been given to any of the following persons —
i
service users;
ii
persons who appear to the registered person to be representatives of service users;
iii
the local authority and Health Authority in whose areas the establishment or the premises used by the agency are situated;
e
where the registered person has not given notice of application for cancellation to —
i
each service user;
ii
in respect of each service user, a person who appears to the registered person to be a representative of that service user; and
iii
each of the bodies specified in sub-paragraph (4)(d)(iii),
a statement as to whether there were any circumstances which prevented the registered person from giving, or made it impracticable for him to give, notice of application for cancellation to any of the persons or bodies referred to in heads (i) to (iii) of this sub-paragraph before the date on which he applied for cancellation;
f
where the registered person has applied for cancellation less than three months before the proposed effective date, a report as to whether the establishment or agency has ceased, or is likely to cease within the next following twelve months, to be financially viable.
5
The registered person shall provide the Commission with any other information or any documents that it may reasonably require in relation to his application for cancellation.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
11th December 2001


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 5) Order 2001; it extends to England and shall come into force at 11 p.m. on 6th April 2001.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 is amended in accordance with the following provisions of this article.
2
In article 31(2)(a), the words “sheep, cattle or pigs” are replaced by the word “animals”.
3
In Schedule 5, paragraph 1 of the “Conditions of Licence” is replaced by the following paragraph —
1
Before being moved, animals to which this licence relates shall be marked as follows: —
CATTLE (including water buffalo and bison): A broad arrow, 15 cm long, clipped on left hindquarter, and hair clipped off end of tail.
SHEEP AND GOATS: A single red stripe, 30 cm long and 2 cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the back.
PIGS AND WILD BOAR: A single red stripe, 30 cm long and 2 cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the back.
DEER: A single red stripe, 60 cm long and at least 5 cm wide, painted with adhesive composition, or in such manner that it will remain legible for the entire length of the journey, down the centre of the back.
Signed at 3 p.m.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
on 6th April 2001


text:
Title and commencement
1
These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001 and shall come into force on 30th November 2001.
Amendment of previous regulations
2
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 shall be amended:
a
by the substitution, for the definition of “the Council Regulation” in regulation 2(1) (interpretation), of the following definition —
“the Council Regulation” means Council Regulation ( EEC ) No. 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin as amended immediately before the making of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2001 ;”;
b
by the insertion, in the definition of “enforcement authority” in regulation 2(1), of “22” after “21” in the second place where it occurs;
c
by the insertion, after regulation 2(1), of the following paragraph —
1A
For the purposes of the definition of “enforcement authority” in paragraph (1) above the Ministers are —
a
in respect of England, the Secretary of State;
b
in respect of Wales, the National Assembly for Wales; and
c
in respect of Scotland, the Scottish Ministers.
; and
d
by the deletion of Schedule 1 (which lists amendments to the Council Regulation).
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
5th November 2001


text:
Citation, commencement and effect
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No.8) Regulations 2001, shall come into force on 9th October 2001 and shall have effect in relation to award periods commencing on or after that date.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991( );
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987( ).
Amendments to the Disability Working Allowance Regulations and the Family Credit Regulations
3
Amend Schedule 4 to the Disability Working Allowance Regulations (“ Schedule 4”) in accordance with regulation 4 and Schedule 3 to the Family Credit Regulations (“Schedule 3”) in accordance with regulation 5.
4
After paragraph 1 of Schedule 4 insert the following paragraph —
1A
1
The dwelling, together with any garden, garage and outbuildings, which the claimant intends in due course to occupy as his home but which he currently does not so occupy solely because he resides in living accommodation which is for him job-related.
2
Notwithstanding regulation 12, only one dwelling shall be disregarded under this paragraph.
3
In sub-paragraph (1) the reference to a dwelling includes any premises which it is impracticable or unreasonable to sell separately from the dwelling, in particular, in Scotland, any croft land on which the dwelling is situated.
4
For the purposes of sub-paragraph (1) living accommodation is job-related for a claimant if it meets either of the following conditions:
Condition 1
The living accommodation is provided for the claimant by reason of his employment, or for his partner by reason of her employment, in any of the following cases —
i
where it is necessary for the proper performance of the duties of the employment that the employee should reside in that accommodation;
ii
where the accommodation is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is customary for employers to provide living accommodation for employees;
iii
where, there being a special threat to the employee’s security, special security arrangements are in force and the employee resides in the accommodation as part of those arrangements.
Condition 2
The living accommodation is provided for the claimant or his partner under a contract entered into with a person with whom the claimant or his partner is not connected and requiring him or his partner —
a
to carry on a particular trade, profession, business or vocation;
b
to carry on that trade, profession, business or vocation on premises or other land provided by another person (whether under a tenancy or otherwise); and
c
to live either on those premises or on other premises provided by that other person.
5
For the purposes of Condition 2 the claimant or his partner is connected with another person (“A”) in any of the following circumstances —
a
A is a relative, or the partner of a relative, of the claimant or his partner;
b
A is a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership, or the partner or a relative of a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership.
6
In sub-paragraph (5) “relative” means brother, sister, ancestor or lineal descendant.
.
5
After paragraph 1 of Schedule 3 insert the following paragraph —
1A
1
The dwelling, together with any garden, garage and outbuildings, which the claimant intends in due course to occupy as his home but which he currently does not so occupy solely because he resides in living accommodation which is for him job-related.
2
Notwithstanding regulation 10, only one dwelling shall be disregarded under this paragraph.
3
In sub-paragraph (1) the reference to a dwelling includes any premises which it is impracticable or unreasonable to sell separately from the dwelling, in particular, in Scotland, any croft land on which the dwelling is situated.
4
For the purposes of sub-paragraph (1) living accommodation is job-related for a claimant if it meets either of the following conditions:
Condition 1
The living accommodation is provided for the claimant by reason of his employment, or for his partner by reason of her employment, in any of the following cases —
i
where it is necessary for the proper performance of the duties of the employment that the employee should reside in that accommodation;
ii
where the accommodation is provided for the better performance of the duties of the employment, and it is one of the kinds of employment in the case of which it is customary for employers to provide living accommodation for employees;
iii
where, there begin a special threat to the employee’s security, special security arrangements are in force and the employee resides in the accommodation as part of those arrangements.
Condition 2
The living accommodation is provided for the claimant or his partner under a contract entered into with a person with whom the claimant or his partner is not connected and requiring him or his partner —
a
to carry on a particular trade, profession, business or vocation;
b
to carry on that trade, profession, business or vocation on premises or other land provided by another person (whether under a tenancy or otherwise); and
c
to live either on those premises or on other premises provided by that other person.
5
For the purposes of Condition 2 the claimant or his partner is connected with another person (“A”) in any of the following circumstances —
a
A is a relative, or the partner of a relative, of the claimant or his partner;
b
A is a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership, or the partner or a relative of a person with whom the claimant or his partner is carrying on a trade, profession or business in partnership.
6
In sub-paragraph (5) “relative” means brother, sister, ancestor or lineal descendant.
.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
11th September 2001


text:
Citation and commencement
1
These Regulations may be cited at the Civil Aviation (Publication of Directions) Regulations 2001, and shall come into force on 1st April 2001.
Publication of Directions
2
The manner of publication of the directions referred to in section 69(3)(a) of the Transport Act 2000 shall be by publishing them in the Official Record of the Civil Aviation Authority.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th February 2001


text:
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
2
1
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column 1 of the Table for the amounts specified in column 2 there shall be substituted the amounts specified in column 3.
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
3(i) 68 70 3(ii) 420 433 4 10 10.50 (in both places where it occurs) 5(i) 46 47 5(ii) 66 68
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd May 2001
We consent of the making of these Regulations
Clive Betts
Greg Pope
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th May 2001


text:
1
This Order may be cited as the A556 Trunk Road (Plumley Moor Road Junction Improvement) (Detrunking) Order 2001 and shall come into force on 28th September 2001.
2
In this Order —
i
“the plan” means the plan, numbered HA10/PS/318, and marked “The A556 Trunk Road (Plumley Moor Road Junction Improvement) (Detrunking) Order 2001.” signed by authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St. Leonards-on-Sea, East Sussex, TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A556 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Cheshire County Council.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
K A Lasbury
A Divisional Director Operations Division North Highways Agency
20th September 2001


text:
1
These Regulations may be cited as the Education (Teachers' Qualifications and Health Standards) (England) (Amendment) Regulations 2001 and shall come into force on 26th April 2001.
2
The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 shall be amended as follows:
a
in paragraph 4(1) of Schedule 2, the substitution for sub-paragraphs (a) and (b) of “he has successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognised as such a programme of training by the competent authority in that country,”;
b
in paragraph 4(2) of Schedule 2, the substitution for “two” of “four”;
c
in paragraph 6(4) of Schedule 2, the substitution for “the training” of “any training”;
d
for paragraph 7 of Schedule 2 the substitution of the following paragraph —
7
1
Subject to sub-paragraph (2), the length of any proposed period of training shall be appropriate to the person’s need for practical teaching experience and training and, in the case of a first recommendation where the person will be employed full-time it shall be not less than three months and not more than one year.
2
In the case of a person to whom paragraph 6(3)(e)(ii) applies no minimum period of training is required.
;
e
in paragraph 7(2)(a) of Schedule 3 “either” shall be deleted;
f
in paragraph 7(2)(a)(i) of Schedule 3 the substitution for “the training” of “any training”;
g
in paragraph 7(2)(a)(ii) of Schedule 3 after “paragraph (b);” there shall be inserted “or”; and
h
in paragraph 7(2)(a) of Schedule 3 after sub-paragraph (ii) there shall be added the following sub-paragraph —
iii
is a graduate teacher to whom paragraph 6(3)(e)(ii) of Schedule 2 applies;
.
Estelle Morris
Minister of State,
Department for Education and Employment
4th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) (No. 2) Regulations 2001 and shall come into force on 14th September 2001.
Amendment of Education (School Performance Targets) (England) Regulations 1998
2
The Education (School Performance Targets) (England) Regulations 1998 shall be amended as follows.
3
In regulation 2(1) (interpretation) —
a
after the definition of “the 1997 Act” there shall be inserted
“the 2000 Act ” means the Learning and Skills Act 2000;
b
after the definition of “designated school” there shall be inserted
“English” means any external qualification approved by the Secretary of State under section 96 of the 2000 Act with the subject title English but not being English Literature;
c
after the definition of “level 4” there shall be inserted
“Mathematics” means any external qualification approved by the Secretary of State under section 96 of the 2000 Act with the subject title Mathematics;
.
4
In regulation 4 for paragraph (3)(b) there shall be substituted the following —
b
the percentage of the relevant group of pupils aged 15 to achieve, by the end of the following school year, grades A* to G in five or more subjects including English and Mathematics in GCSE examinations; and
.
5
In regulation 6 for paragraph (5)(b)(ii) there shall be substituted the following —
ii
the percentage of pupils aged 15 who achieved grades A* to G in five or more subjects including English and Mathematics in GCSE examinations by the end of that year; and
.
Stephen Timms
Minister of State,
Department for Education and Skills
21st August 2001


text:
1
This Order may be cited as the A6 Trunk Road (South of Kettering to the A45) (Detrunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order —
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and intruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
“the trunk road” means the A6 Trunk Road.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Northamptonshire County Council that they will become the highway authority responsible for that length of road within their county boundary.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
W. S. C. Wadrup
A Divisional Director in the Highways Agency
23rd May 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Access to Driver Licensing Records) Regulations 2001 and shall come into force on 29th October 2001.
Purposes for which access may be given
2
The purposes for which constables may be given access to information made available to the Police Information Technology Organisation under section 71(1) of the Criminal Justice and Court Services Act 2000 are —
a
the prevention, investigation or prosecution of a contravention of any provision of the following enactments —
i
the Road Traffic Act 1988 ;
ii
the Road Traffic Offenders Act 1988 ;
iii
the Road Traffic (Northern Ireland) Order 1981 ;
iv
the Road Traffic (Northern Ireland) Order 1995 ; and
v
the Road Traffic Offenders (Northern Ireland) Order 1996 ;
b
ascertaining whether a person has had an order made in relation to him under —
i
section 40B(1) or (5) (disqualification from driving: further provision) of the Child Support Act 1991 ;
ii
section 248A(1) (general power to disqualify offenders) or 248B(2) (power to disqualify fine defaulters) of the Criminal Procedure (Scotland) Act 1995 ; or
iii
section 39(1) (offenders) or 40(2) (fine defaulters) of the Crime (Sentences) Act 1997 .
Further disclosure
3
1
Paragraph (2) below specifies the circumstances in which information to which constables have been given access, in accordance with section 71(1) of the Criminal Justice and Court Services Act 2000 and regulation 2 above, may be further disclosed by them.
2
The circumstances are that the information is passed to an employee of a police authority for any purpose ancillary to, or connected with, the use of the information by constables.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
5th October 2001


text:
Citation
1
This Order may be cited as the Financial Services and Markets Act 2000 (Prescribed Markets and Qualifying Investments) Order 2001.
Commencement
2
This Order comes into force on the day on which section 123 of the Act (power to impose penalties in cases of market abuse) comes into force.
Interpretation
3
In this Order —
“the Act” means the Financial Services and Markets Act 2000; and
“ UK recognised investment exchange” means a body corporate or unincorporated association in respect of which there is in effect a recognition order made under section 290(1)(a) of the Act (recognition orders in respect of investment exchanges other than overseas investment exchanges).
Prescribed markets
4
There are prescribed, as markets to which section 118 of the Act applies, all markets which are established under the rules of a UK recognised investment exchange.
Qualifying investments
5
There are prescribed, as qualifying investments in relation to the markets prescribed by article 4, all investments of a kind specified for the purposes of section 22 of the Act.
David Clelland
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2001


text:
Citation and commencement
1
This Order may be cited as the the Epicentre LEAP Ellesmere Port Cheshire Education Action Zone (Amendment) Order 2001 and shall come into force on 6th April 2001.
Amendment of the Epicentre LEAP Ellesmere Port Cheshire Education Action Zone Order 1999
2
1
The Epicentre LEAP Ellesmere Port Cheshire Education Action Zone Order 1999 shall be amended in accordance with paragraphs (2) and (3) of this article.
2
In article 4(c) for “six persons” substitute “twelve persons”;
3
There shall be inserted after article 9 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to article 4(a), if that person ceases to be a governor of that zone school;
b
in the case of a member appointed pursuant to article 4(a), if the school whose governing body appointed the member is discontinued; and
c
in the case of a member appointed pursuant to paragraphs (a) or (c) of Article 5, if that person no longer appears to the Forum to represent the interests of either business or the education sector generally in Cheshire, in the area served by the zone schools, as the case may be.
Estelle Morris
Minister of State,
Department for Education and Employment
7th March 2001


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stage IV) Designation (Amendment) Order 2001 and shall come into force on 15th October 2001.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Stage IV) Designation Order 2000 .
Amendment of the principal Order
3
1
Article 4(2) of the principal Order shall be amended by the substitution, for sub-paragraphs (a) and (b), of the following sub-paragraphs —
a
item 12 in Part 3 of Schedule 1;
b
item 13, 14 or 15 in Part 3 of Schedule 3; or
c
item 10, 11 or 12 in Part 3 of Schedule 6.
.
2
Part 3 of Schedule 1 to the principal Order shall be amended as follows —
a
in item 8 —
i
by the substitution for the entry in column 1 of —
8
Management of woodland to enhance its nature conservation and landscape value.
; and
ii
in column 2, by deleting the figure “20”;
b
in item 9, by the substitution in column 2 of “£0.23” for the figure “£0.25”; and
c
after item 11, by inserting in column 1 —
i
12
Hedge management.
; and
ii
in column 2, “£0.30 per metre”.
3
Part 3 of Schedule 3 to the principal Order shall be amended as follows —
a
in item 8 —
i
by the substitution for the entry in column 1 of —
8
Management of woodland to enhance its nature conservation and landscape value.
; and
ii
in column 2, by deleting the figure “15”;
b
in item 9, by the substitution in column 2 of “£0.23” for the figure “£0.25”; and
c
by inserting after item 14 —
i
in column 1 —
15
Hedge management.
; and
ii
in column 2, the figure “£0.30 per metre”.
4
Part 3 of Schedule 5 to the principal Order shall be amended as follows —
a
in item 8 —
i
by the substitution for the entry in column 1 of —
8
Management of woodland to enhance its nature conservation and landscape value.
; and
ii
in column 2, by deleting the figure “20”;
b
in item 10(a), by the substitution in column 1, for “the period ending on 31st August 2001”, of the words “any period before 1st April 2001”; and
c
in item 10(b), by the substitution in column 1, for “the period beginning after 31st August 2001”, of the words “any period beginning after 31st March 2001.”
5
Part 3 of Schedule 6 to the principal Order shall be amended by inserting after item 11 —
i
in column 1 —
12
Hedge management.
; and
ii
in column 2, “£0.35 per metre”.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
19th September 2001
We consent,
Tony McNulty
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Tamworth (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Tamworth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Tamworth (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Tamworth
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into ten wards which shall bear the names Amington, Belgrave, Bolehall, Castle, Glascote, Mercian, Spital, Stonydelph, Trinity and Wilnecote.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Tamworth
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 —
a
the first to retire, in 2003, shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes;
b
the second to retire, in 2004, shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 2006.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Tamworth (Electoral Arrangements) Order 1985 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2001


text:
1
These Regulations may be cited as the Costs in Criminal Cases (General) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In the Costs in Criminal Cases (General) Regulations 1986 —
i
in regulation 6 (claim for costs), in paragraph (2), there shall be substituted for the words “appropriate authority in such form and manner as it”, the words “justices' chief executive for the court, in the case of proceedings in a magistrates' court, or to the appropriate authority, in the case of proceedings in any other court specified in regulation 5(2), in such form and manner as he or it”; and
ii
in regulation 8 (payment of costs), in paragraph (1), there shall be substituted for the words “Having determined the costs payable to an applicant in accordance with these Regulations, the appropriate authority”, the words “When the appropriate authority has determined the costs payable to an applicant in accordance with these Regulations, the justices' chief executive for the court, in the case of proceedings in a magistrates' court, or the appropriate authority, in the case of proceedings in any other court specified in regulation 5(2),”.
Irvine of Lairg, C.
27th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Babergh (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Babergh;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Babergh (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Babergh
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty seven wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Babergh
3
1
The ordinary elections of all councillors of the district of Babergh shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Great Cornard
4
1
The existing wards of the parish of Great Cornard shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Great Cornard North and Great Cornard South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Hadleigh
5
The parish shall be divided into two parish wards which shall bear the names Hadleigh North and Hadleigh South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the Hadleigh North parish ward shall be eight and for the Hadleigh South parish ward shall be seven.
Wards of the parish of Sudbury
6
1
The existing wards of the parish of Sudbury shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Sudbury East, Sudbury North and Sudbury South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each of the Sudbury East and Sudbury South parish wards shall be five, and for the Sudbury North parish ward shall be six.
Revocation
7
The District of Babergh (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary-Under Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001


text:
1
These Regulations may be cited as the Immigration (Suspension of Detainee Custody Officer Certificate) Regulations 2001 and shall come into force on 2nd April 2001.
2
In these Regulations “the 1999 Act ” means the Immigration and Asylum Act 1999.
3
The prescribed circumstances for the purposes of paragraphs 7(2) and 7(3) of Schedule 11 to the 1999 Act (suspension of detainee custody officer certificate by contract monitor or escort monitor) are where —
a
an allegation has been made against a detainee custody officer (“the officer”) acting in pursuance of escort arrangements or performing custodial functions at a contracted-out detention centre, or
b
the officer has been charged with a criminal offence or disciplinary action is being taken against him by his employer; or
c
it appears to the escort monitor or (as the case may be) contract monitor that the officer is, by reason of physical or mental illness, or for any other reason, incapable of satisfactorily carrying out his duties.
Barbara Roche
Minister of State
Home Office
28th January 2001


text:
1
This Order may be cited as the Value Added Tax (Vehicles Designed or Adapted for Handicapped Persons) Order 2001 and shall come into force on 1st April 2001 and shall have effect in relation to supplies, acquisitions or importations made on or after that date.
2
In paragraph (f) of item 2 of Group 12 (drugs, medicines, aids for the handicapped, etc ) of Schedule 8 to the Value Added Tax Act 1994 (zero rating) for “5” there shall be substituted “11”.
3
After item 2 there shall be inserted —
2A
The supply of a qualifying motor vehicle —
a
to a handicapped person —
i
who usually uses a wheelchair, or
ii
who is usually carried on a stretcher,
for domestic or his personal use; or
b
to a charity for making available to such a handicapped person by sale or otherwise, for domestic or his personal use.
.
4
In item 5 after “2,” insert “2A,”.
5
In Note (5) delete “and 2” and insert “, 2 and 2A”.
6
After Note (5K) there shall be inserted —
5L
A “qualifying motor vehicle” for the purposes of item 2A is a motor vehicle (other than a motor vehicle capable of carrying more than 12 persons including the driver) —
a
that is designed or substantially and permanently adapted to enable a handicapped person —
i
who usually uses a wheelchair, or
ii
who is usually carried on a stretcher,
to enter, and drive or be otherwise carried in, the motor vehicle; or
b
that by reason of its design, or being substantially and permanently adapted, includes features whose design is such that their sole purpose is to allow a wheelchair used by a handicapped person to be carried in or on the motor vehicle.
.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Sex Offenders (Notice Requirements) (Foreign Travel) Regulations 2001 and shall come into force on 1st June 2001.
Interpretation
2
In these Regulations, “ the Act ” means the Sex Offenders Act 1997.
Determination of point of arrival
3
1
For the purposes of section 2(6E)(a) of the Act and of these Regulations, a person’s point of arrival in a country is to be determined in accordance with this regulation.
2
In a case in which a person will arrive in a country by rail, sea or air, his point of arrival is the station, port or airport at which he will first disembark.
3
In a case in which a person will arrive in a country by any means other than those mentioned in paragraph (2) above, his point of arrival is the place at which he will first enter the country.
Notice to be given before leaving the United Kingdom
4
1
This regulation applies to persons who —
a
are subject to the notification requirements of Part I of the Act, and
b
intend to leave the United Kingdom for a period of eight days or longer.
2
Every person to whom this regulation applies must give a notice under section 2(6E) of the Act at least 24 hours prior to his intended departure from the United Kingdom.
Additional information to be disclosed in a notice under section 2(6E) of the Act
5
In addition to the information required to be disclosed under section 2(6E)(a) of the Act, a notice under section 2(6E) must disclose, where a person holds such information at least 48 hours prior to his intended departure from the United Kingdom —
a
where he intends to travel to more than one country outside the United Kingdom, his intended point of arrival in each such additional country,
b
the identity of any carrier or carriers he intends to use for the purposes of his departure from and return to the United Kingdom, and of travelling to any other point of arrival,
c
details of his accommodation arrangements for his first night outside the United Kingdom,
d
in a case in which he intends to return to the United Kingdom on a particular date, that date, and
e
in a case in which he intends to return to the United Kingdom at a particular point of arrival, that point of arrival.
Change to information disclosed in a notice under section 2(6E) of the Act
6
1
Where —
a
a person has given a notice under section 2(6E) of the Act, and
b
at any time earlier than 48 hours prior to his intended departure from the United Kingdom, the information disclosed in that notice becomes inaccurate or incomplete as a statement of all the information mentioned in section 2(6E)(a) of the Act and regulation 5 above which he currently holds,
the person must give a fresh notice under section 2(6E) of the Act.
2
A fresh notice under paragraph (1) above must be given at least 24 hours prior to the person’s intended departure from the United Kingdom.
Notice to be given on return to the United Kingdom
7
1
This regulation applies to persons who —
a
were required to give a notice under section 2(6E) of the Act,
b
have left the United Kingdom accordingly, and
c
have subsequently returned to the United Kingdom.
2
Except as provided by paragraph (3) below, every person to whom this regulation applies must give notice under section 2(6F) of the Act within eight days of his return to the United Kingdom.
3
A person to whom this regulation applies need not give a notice under section 2(6F) of the Act in any case in which he gave a relevant notice under section 2(6E) of the Act which —
a
disclosed a date under the provisions of sub-paragraph (d) of regulation 5 above, and
b
disclosed a point of arrival under the provisions of sub-paragraph (e) of regulation 5 above,
and in which his return to the United Kingdom was on that date and at that point of arrival.
Information to be disclosed in a notice under section 2(6F) of the Act
8
A notice under section 2(6F) of the Act must disclose the date of the person’s return to the United Kingdom and his point of arrival in the United Kingdom.
Giving a notice
9
1
Subject to paragraph (2) below, for the purpose of giving a notice under section 2(6E) or 2(6F) of the Act, a person must attend at a police station —
a
which is in his local police area, and
b
at which, pursuant to the provisions of section 2(5) of the Act, notifications under section 2(1) of the Act may from time to time be made.
2
For the purpose of giving a fresh notice under section 2(6E) of the Act as required by regulation 6 above, a person must attend at a police station at which, pursuant to the provisions of section 2(5) of the Act, notifications under section 2(1) of the Act may from time to time be made, but such police station need not be in his local police area.
3
A notice under section 2(6E) or 2(6F) of the Act must be given to a police officer, or to a person authorised by the officer in charge of the station under section 2(5)(b) of the Act for the purpose of receiving a notification under that section.
4
A person giving a notice under section 2(6E) or 2(6F) of the Act must inform the person to whom he gives the notice of —
a
his name, and
b
his home address
as currently notified under section 2(1) or (2) of the Act.
5
A person giving a fresh notice under section 2(6E) of the Act as required by regulation 6 above must inform the person to whom he gives the notice of the police station at which he first gave a relevant notice under section 2(6E).
Charles Clarke
Minister of State
Home Office
9th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Derby (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“city” means the city of Derby;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the City of Derby (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Derby
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into seventeen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Derby
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 in each ward one shall retire in 2003, one in 2004 and one in 2006.
5
Of the councillors elected in 2002 —
a
the first to retire in each ward shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The City of Derby (Electoral Arrangements) Order 1978 and article 9 of the Derbyshire (City of Derby) (Structural Change) Order are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
23rd October 2001


text:
Title, extent and commencement
1
This Order may be cited as the Rendering (Fluid Treatment) (England) Order 2001, shall extend to England and shall come into force on 15th May 2001.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“animal by-product” means —
animal by-product as defined in the Animal By-Products Order 1999 ; and
specified risk material as defined in the Specified Risk Material Order 1997 and the Specified Risk Material Regulations 1997 ;
“controlled waters” shall have the same meaning as for the purposes of the Water Resources Act 1991 ;
“fluid” includes any liquid, and any property of, or any organism or substance contained in, any liquid;
“ruminant related fluid” means fluid arising in relation to the rendering or part rendering of ruminant animal by-products from premises at which such rendering or part rendering is carried out and includes fluid a constituent part of which is ruminant related fluid;
“rendering” and “part rendering” have the same meaning respectively as they have for the purposes of the Animal By-Products Order 1999 and the Specified Risk Material Regulations 1997.
2
For the purposes of this Order, a biochemical oxygen demand shall be ascertainable by reference to a five day incubation period with attenuated nitrification.
Rendering of ruminant animal by-products and treatment and discharge of ruminant related fluid
3
No person shall render or part render any ruminant animal by-product on any premises unless —
a
he subjects all the ruminant related fluid arising to such treatment on the premises as will ensure the fluid has —
i
a biochemical oxygen demand of no more than 60mg/litre; and
ii
a level of suspended solids of no more than 80 mg/litre; or
b
he discharges or releases or disposes or consigns for disposal all the ruminant related fluid —
i
into a public sewer in accordance with a trade effluent consent or agreement from the relevant sewerage undertaker under the Water Industry Act 1991 ; or
ii
into controlled waters in compliance with a discharge consent from the Environment Agency under the Water Resources Act 1991.
Testing of ruminant related fluid
4
1
Where ruminant related fluid is treated by a renderer for the purposes of article 3(a) above, the renderer shall ensure that the treated fluid is tested with the following frequency —
a
the biochemical oxygen demand to be tested once per week by a method which conforms with the “5 day Biochemical Oxygen Demand ( BOD5 )” ; and
b
the level of suspended solids to be —
i
tested 3 times every day or continuously monitored;
ii
and tested once each week by a method which conforms with:
“Suspended Settleable and Total Dissolved Solids in Waters and Effluents” .
2
For the purposes of paragraph (1) above, the point of testing shall be immediately prior to the discharge, release, disposal or consignment for disposal of the ruminant related fluid from the premises on which it arises.
Records
5
1
Any person who renders or part renders any ruminant animal by-products on any premises shall keep a record of the discharge, release, disposal or consignment for disposal of the ruminant related fluid arising from the rendering or part rendering.
2
For this purpose the record shall show —
a
in respect of fluid treated for the purposes of article 3(a) above, the dates and results of the tests referred to in article 4 above; and
b
in respect of treated and untreated fluid —
i
the date and method of the discharge, release, disposal or consignment concerned;
ii
the quantity of the ruminant related fluid concerned and a description of it sufficient to enable an inspector to identify it;
iii
the place of discharge, release or disposal, or premises from which, and destination to which, it is consigned or carried; and
iv
if consigned or carried, the name of the consignee or carrier concerned.
3
A record required to be kept under paragraph (1) above shall be kept by the renderer for at least 10 years.
4
Any person who consigns any ruminant related fluid for carriage from any premises for discharge, release, or disposal shall give to the carrier a record containing the following information —
a
the address of the premises from which the fluid is collected;
b
the date on which the fluid is collected;
c
the quantity and description of the fluid, and whether treated or untreated;
d
the place to which it is to be discharged, released or disposed of.
5
A carrier receiving a record under paragraph (4) above shall keep it for at least 2 years.
Cleansing and disinfection
6
1
This article applies where an inspector has reasonable grounds to suspect that any —
a
ruminant related fluid; or
b
means of movement, including any vehicle or any container or pipe, by, in or through which, any ruminant related fluid is discharged, released, disposed of or carried from any premises to any place, constitutes a disease risk.
2
Where an inspector has such a suspicion in respect of any ruminant related fluid or means of movement, he may serve a notice on the person in charge of the ruminant related fluid or means of movement.
3
The notice may —
a
specify the method of cleansing and disinfection of any means of movement concerned;
b
specify the method of disposal of any ruminant related fluid, or any fluid or any material or liquid other than such fluid, remaining in the means of movement by, in or through which, the ruminant related fluid was discharged, released, disposed of or carried;
c
prohibit the use of such means of movement of the ruminant related fluid until an inspector is satisfied that the required cleansing and disinfection has satisfactorily been carried out; and
d
require compliance with any provision of this Order within such reasonable period as may be specified in the notice.
Powers of inspectors
7
1
An inspector who enters any premises in exercise of his powers under the Animal Health Act 1981 may —
a
carry out any inquiries, examinations and tests;
b
take any samples; and
c
examine and copy any records,
he believes are necessary to ascertain whether any provisions of this Order have been or are being complied with.
2
An inspector may mark anything in relation to which any of the powers in paragraph (1) above have been exercised.
3
No person shall, or attempt to, deface, obliterate or remove any such mark as is referred to in paragraph (2) above.
4
The occupier of any premises, or any person in his employment, shall give such reasonable assistance to an inspector as the inspector may require for the purpose of facilitating the exercise of his powers under paragraphs (1) and (2) above and, in particular, shall provide a printout of any records kept in electronic form.
Compliance with notices
8
1
Any notice served under article 6(2) above shall be complied with at the expense of the person on whom the notice is served.
2
If a notice served under article 6(2) is not complied with, an inspector may arrange for it to be complied with at the expense of the person required to comply with the notice.
Offences
9
Any pereson who, without lawful authority or excuse, proof of which shall lie on him, —
a
contravenes or fails to comply with any provision of articles 3, 4 or 5 of this Order;
b
fails to comply with a notice served under article 6(2) of this Order or fails to comply with any provision of such a notice;
c
defaces, obliterates or removes any mark applied to any thing under article 7(2) of this Order; or
d
knowingly causes or permits any such contravention or non-compliance, or any such defacement, obliteration or removal,
commits an offence against the Act.
Enforcement
10
This Order shall be enforced and executed by the local authority.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
20th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Castle Point (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Castle Point;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Castle Point (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Castle Point
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fourteen wards which shall bear the names Appleton, Boyce, Canvey Island Central, Canvey Island East, Canvey Island North, Canvey Island South, Canvey Island West, Canvey Island Winter Gardens, Cedar Hall, St George's, St James, St Mary's, St Peter’s and Victoria.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for the Canvey Island West ward shall be two, and for each of the other wards shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Castle Point
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2003 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2003 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2003 for the borough ward of Canvey Island West one shall retire in 2006 and one in 2007; for each of the other wards one shall retire in 2004, one shall retire in 2006 and one shall retire in 2007.
5
Of the councillors elected in 2003 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The District of Castle Point (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Governmentand the Regions
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broxtowe & Hucknall Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Broxtowe & Hucknall 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 Broxtowe & Hucknall 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 the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Nottingham 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 Nottingham Health Authority shall make officers of the Authoirty available to the trust during the preparatory period.
4
The Nottingham Community Health National Health Service Trust and the Nottingham Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
5
The Nottingham City Hospital National Health Service Trust shall make staff of the NHS trust available to the trust durign the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Fraud Act 2001 (Commencement No. 1) Order 2001.
2
In this Order references to “the Act” are to the Social Security Fraud Act 2001.
Appointed days
2
1
The days appointed for the coming into force of section 16 of the Act (offence of failing to notify a change of circumstances) —
a
for the purpose only of authorising the making of regulations is 26th September 2001; and
b
for all other purposes is 18th October 2001.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
26th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Dissolution of the Insurance Brokers Registration Council) (Consequential Provisions) Order 2001 and comes into force on 30th April 2001.
2
In this Order —
“ the Council ” means the Insurance Brokers Registration Council; and
“the dissolution date” means 30th April 2001.
Consequential provisions in connection with the dissolution of the Insurance Brokers Registration Council
2
1
Subject to paragraph (3), any property, right or liability to which the Council was entitled or subject immediately before the dissolution date is, from the dissolution date, the property, right or liability of the Treasury.
2
Where the Council would, but for its dissolution, have incurred a liability to any member, officer or servant or former member, officer or servant or any assessor appointed under section 20 of the Insurance Brokers (Registration) Act 1977 in respect of pensions, remuneration, fees, allowances or gratuities, the Treasury incur, at the date on which such a liability would have been incurred by the Council, a liability identical to that which the Council would, but for its dissolution, have incurred.
3
The fund known as the Grants Fund, established pursuant to rule 9(2) of the Insurance Brokers Registration Council (Indemnity Insurance and Grants Scheme) Rules 1987 , vests in the Investors Compensation Scheme Limited (the manager of the scheme established under section 54 of the Financial Services Act 1986 which is known as the Investor Compensation Scheme) from the dissolution date.
4
Any legal proceedings to which the Council was, immediately before the dissolution date, a party may be continued by or in relation to the Treasury.
5
Any certificate signed on behalf of the Treasury that any register, list or other instrument purporting to be made, published or issued by or on behalf of the Council was so made, published or issued is conclusive evidence of that fact; and any document purporting to be such a certificate is to be deemed to be such a certificate unless the contrary is shown.
6
Every contract (including an insurance policy), trust or agreement, whether written or not, and every deed, instrument or other document which, immediately before the dissolution date, related to any property, right or liability of the Council which, by virtue of paragraph (1), is the property, right or liability of the Treasury, continues in effect subject to the following modifications, so far as they are required for continuing its effect on or after the dissolution date —
a
if the Council is a party, the Treasury are substituted as a party;
b
for any reference (whether express or implied) to the Council, substitute a reference to the Treasury;
c
for any reference (whether express or implied) to a member, officer or servant of the Council or to the registrar of the Council, substitute a reference to such officer as the Treasury nominate for the purpose;
d
for any reference to the office or place of business of the Council, substitute a reference to the principal offices of the Treasury.
Consequential amendments of primary legislation
3
1
In section 1 of the Estate Agents Act 1979 (estate agency work), omit subsection (2)(c).
2
In the Financial Services Act 1986 —
a
omit section 138 (insurance brokers); and
b
in section 180 (exceptions from restrictions on disclosure), omit subsection (1)(j).
3
In the Companies Act 1985 —
a
in section 249B (cases where exemptions from auditing requirements are not available), omit subsection (1)(c); and
b
in section 449 (provision for security of information), omit subsection (1)(j).
4
In section 87 of the Companies Act 1989 (exceptions from restrictions on disclosure), in subsection (4) omit the entry relating to the Council.
5
In section 50 of the Courts and Legal Services Act 1990 (exceptions from restrictions on disclosure), omit subsection (2)(k).
6
In section 64 of the Friendly Societies Act 1992 (exceptions from restrictions on disclosure), in subsection (5) omit the entry relating to the Council.
7
In the Freedom of Information Act 2000 , in Part VI of Schedule 1 (other public bodies and offices), omit the entry relating to the Council.
Consequential amendments of subordinate legislation
4
1
In the Schedule to the Transfer of Functions (Lord Advocate and Secretary of State) Order 1999 , omit the entry relating to section 20 of the Insurance Brokers (Registration) Act 1977.
2
In Schedule 1 to the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc. ) Order 1999 , omit the entry relating to section 20 of the Insurance Brokers (Registration) Act 1977.
3
In the Companies (Northern Ireland) Order 1986 —
a
in article 257B (cases where exemptions from auditing requirements are not available), in paragraph (1), omit sub-paragraph (c); and
b
in article 442 (provision for security of information obtained), in paragraph (1), omit sub-paragraph (j).
Revocation of subordinate legislation
5
1
The Limited Partnerships (Unrestricted Size) No. 2 Regulations 1990 are revoked.
2
The Partnerships (Unrestricted Size) No. 6 Regulations 1990 are revoked.
Disclosure of information
6
1
The Treasury may disclose to a person any information which, by virtue of article 2(1), is held by the Treasury, if the Council could, but for its dissolution and the provsions of this Order, have disclosed that information to that person.
2
A disclosure of information pursuant to paragraph (1) is not to be treated as giving rise to a contravention of any duty (imposed by statute or otherwise) to which the Treasury are subject.
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
30th March 2001


text:
Citation and commencment
1
This Order shall be cited as the Breaking the Cycle Bridgwater Education Action Zone (Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order “Bridgwater Education Action Zone” means the Education Action Zone established by the Breaking the Cycle Bridgwater Education Action Zone Order 1999 .
Variation of the Bridgwater Education Action Zone Order 1999
3
1
The Bridgwater Education Action Zone Order 1999 is varied as follows.
2
The following words are deleted from Schedule 1, “Somerset Training and Enterprise Council/Somerset Lifelong Learning Partnership, East Reach House, East Reach, Taunton, Somerset, TA1 3EN (Registration No. 2396977)”, and “the University of the West of England, Redland Campus, Redland Hill, Bristol, BS6 6UZ”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 and shall come into force on 14th December 2001.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 2001 Act ” means the Health and Social Care Act 2001;
“the appeal period” means the period of 14 days within which an appellant must file his notice of appeal against a decision of the Tribunal in accordance with the Civil Procedure Rules 1998 ;
“the applicant Health Authority” means the Health Authority in England which made an application to the Tribunal which led to any Tribunal direction being made;
“the effective date” is the date (being after the relevant date) which immediately follows —
the date on which an appeal period ended in respect of a local or national disqualification decision, or a paragraph 4(1) direction was given by the Tribunal without any appeal being filed,
the date on which any appeal was withdrawn,
the date on which a court upheld the Tribunal’s local or national disqualification decision or paragraph 4(1) direction on appeal,
as the case may be;
“the FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the National Health Service Act 1977 ;
“the FHSAA Regulations ” means the Family Health Services Appeal Authority (Primary Care Act) Regulations 2001 ;
“a local disqualification decision” means a direction of the Tribunal under section 46(2)(a) of the 1977 Act in relation to a Health Authority in England to which section 47(1) of that Act applies;
“a national disqualification decision” means a direction of the Tribunal under section 46(2)(b) of the 1977 Act to which section 47(1) of that Act applies;
“ the Order ” means the Health and Social Care Act 2001 (Commencement No. 6) (England) Order 2001 ;
“a paragraph 4(1) direction” means a direction given by the Tribunal under paragraph 4(1) of Schedule 1 to the Primary Care Act ;
“a paragraph 5 direction” means a direction given by the FHSAA under paragraph 5 of that Schedule that a direction given under paragraph 4(1) be terminated;
“a pharmacist case” means a case before the Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act;
“the Primary Care Act” means the National Health Service (Primary Care) Act 1997 ;
“the relevant date” means —
14th December 2001, or
in a pharmacist case, the date on which the first regulations made under section 42 of the 1977 Act as amended by section 20(6) of the 2001 Act come into force;
“a review decision” means a decision by the Tribunal under section 47 not to direct that a disqualification be ended;
“a suspension direction” means a direction of the Tribunal under section 49A(2) of the 1977 Act that subsection (3) of that section applies;
“a suspension pending appeal direction” means a direction of the Tribunal under section 49B(1) of the 1977 Act ; and
“the Tribunal” means the tribunal constituted under section 46 of the 1977 Act .
2
In these Regulations, unless the context otherwise requires, a reference to —
a
a numbered regulation is to the regulation bearing that number; and
b
a numbered paragraph in a regulation is to the paragraph bearing that number in that regulation.
Local disqualification decisions made before the relevant date
3
Where a person was subject to a local disqualification decision immediately before the relevant date and —
a
the appeal period had ended by that date, or
b
an appeal against that disqualification was concluded before that date and was not successful or was withdrawn before that date,
he shall be treated from the relevant date as having been removed from a Health Authority’s list in accordance with section 49M(6)(a) of the 1977 Act .
National disqualification decisions made before the relevant date
4
1
Where a person was subject to a national disqualification decision immediately before the relevant date and —
a
the appeal period had ended by that date, or
b
an appeal was concluded before that date and was not successful or was withdrawn before that date,
he shall be treated from the relevant date as having had a national disqualification imposed on him by the FHSAA under section 49N(1) of the 1977 Act.
2
Where a person is treated as having had a national disqualification imposed on him by the FHSAA in accordance with paragraph (1) —
a
where no review decision has been made he may request a review by the FHSAA under section 49N(8)(a) of the 1977 Act not less than two years after —
i
the date on which a national disqualification decision was made, where that decision has not been appealed, or
ii
the date on which a national disqualification decision was upheld by a court,
whichever is the later; or
b
where he has had a review decision, he may request a review by the FHSAA under section 49N(8)(a) of the 1977 Act not less than one year after the date of that review decision,
and thereafter, subject to paragraph (3), section 49N(8)(b) shall apply in his case.
3
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period specified in paragraph (2) which applies before a review may be undertaken shall be reduced to the period that has already elapsed.
Cases under the 1977 Act where the appeal period has not ended or an appeal is not concluded by the relevant date
5
1
In any case where the Tribunal makes a local or a national disqualification decision before the relevant date but the appeal period does not end, an appeal is not withdrawn, or an appeal is not concluded until after that date, the following paragraphs shall apply.
2
Where a person who is the subject of a local disqualification decision does not file an appeal by the end of the appeal period he shall be treated as having been removed from the applicant Health Authority’s list from the effective date.
3
Where a person who is the subject of a national disqualification decision does not file an appeal against that decision by the end of the appeal period, any suspension pending appeal direction shall cease to apply and he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (4), section 49N(8) of the 1977 Act shall apply in his case.
4
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.
5
Where a person who is the subject of a local or national disqualification decision —
a
has filed an appeal which is not concluded by the relevant date,
b
withdraws an appeal after that date, or
c
files an appeal within an appeal period ending after that date,
any suspension pending appeal direction, if given, shall continue to apply, and paragraphs (3) and (4) of regulation 6 shall apply in his case.
Other cases under the 1977 Act not disposed of by the relevant date
6
1
Subject to paragraph (2), where a Health Authority made representations to the Tribunal in respect of a person under section 46 of the 1977 Act on or after 1st November 2001 and the case has not been disposed of by the Tribunal by the relevant date —
a
any proceedings against him before the Tribunal shall cease, and
b
the Health Authority may proceed in relation to the person under section 49F of the 1977 Act.
2
Where before the relevant date the Tribunal has given a suspension direction in respect of a person to whom paragraph (1) applies, that person shall be treated with effect from the relevant date as having been suspended by the Health Authority under section 49I of the 1977 Act.
3
Where a Health Authority made an application to the Tribunal in respect of a person under section 46 of the 1977 Act before 1st November 2001, article 2(5) of the Order shall apply until the effective date and the Tribunal may make any directions they could have made before the relevant date.
4
In a case to which paragraph (3) applies and the Tribunal impose —
a
a local disqualification on a person, he shall be treated as having been removed from a Health Authority list from the effective date, or
b
a national disqualification on a person, he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (5), section 49N(8)(a) of the 1977 Act shall apply in his case.
5
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.
Cases under the Primary Care Act which commenced before the relevant date
7
1
Where any representations were made under paragraph 3 of Schedule 1 to the Primary Care Act (preferential treatment on transferring to medical lists) before the relevant date, article 2(5) of the Order shall apply until the effective date.
2
In a case to which paragraph (1) applies, where the Tribunal issues a paragraph 4(1) direction, a medical practitioner shall be treated from the effective date —
a
as being subject to such a direction as if it had been issued by the FHSAA, and
b
as being entitled to make representations to the FHSAA that the direction be terminated by a paragraph 5 direction, in accordance with the FHSAA Regulations.
Disposal of case files held by the Tribunal
8
1
In any case to which regulation 4(1) applies, the Tribunal shall transfer the case file to the FHSAA as soon as may be practicable after the relevant date.
2
In any case to which regulation 6(4) or regulation 7 applies, the Tribunal shall transfer the case file to the FHSAA within two weeks of the effective date which applies to the case in question.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd November 2001


text:
1
This Order may be cited as the Electoral Commission (Limit on Public Awareness Expenditure) Order 2001 and shall come into force on 1st July 2001.
2
The sum of £1,500,000 is hereby specified for the purposes of section 13(6) of the Political Parties, Elections and Referendums Act 2000 (power to specify a sum which the Electoral Commission must not exceed in their total expenditure incurred in any financial year in performing their functions under section 13(1) of that Act).
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
16th March 2001
We consent to this Order
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2001


text:
Citation and commencement
1
This Order may be cited as the Transport Act 2000 (Amendment) Order 2001 and shall come into force on 1st April 2001.
Amendment of section 77 of the Transport Act 2000
2
1
Section 77 of the Transport Act 2000 (chargeable air services) shall be amended as follows.
2
In subsection (3)(a) at the end there shall be added the words “other than services which fall within subsection (3A)”.
3
After subsection (3) there shall be inserted the following —
3A
Air traffic services fall within this subsection if —
a
they are services for which Eurocontrol is to collect charges under the Eurocontrol agreement, and
b
they are provided by the owner or manager of an aerodrome or by his employee under a contract or other arrangement made by the owner or manager with the CAA and the CAA in making that contract or other arrangement is acting in pursuance of its air navigation functions (within the meaning of Chapter III ).
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st February 2001