type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
— These Regulations may be cited as The Specified Risk Material (Amendment) (England) Regulations 2001, shall come into force on 1st April 2001 and shall extend to England.
Amendment of the Specified Risk Material Regulations 1997
2
1
In so far as they extend to England, the Specified Risk Material Regulations 1997 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (4) of regulation 24, for the words “Without prejudice to the storage requirements of regulation 28 below,” there shall be substituted the words “Subject to paragraph (4A) below, and without prejudice to the storage requirements of regulation 28 below,”.
3
After paragraph (4) of regulation 24 there shall be inserted the following paragraphs —
4A
The operator of an approved rendering plant may keep, handle, store or render specified risk material at the plant together with other material at the plant provided —
a
all of that material is kept, handled, stored and rendered at the plant in accordance with the requirements of these Regulations applying to specified risk material; and
b
the operator keeps a record for two years of the exact quantity of the specified risk material and the other material together with which the specified risk material is kept, handled, stored and rendered.
4B
For the purposes of these Regulations, references to specified risk material shall include references to any —
a
specified risk material kept, handled, stored or rendered together with other material; and
b
any other material together with which the specified risk material is kept, handled, stored or rendered.
.
4
In regulation 24(9) for the words “After the specified risk material has been processed and separated into protein and tallow the operator of the plant shall ensure that” there shall be substituted the words “Subject to paragraph (9A) below, after the specified risk material has been processed and separated into protein and tallow the operator of the plant shall ensure that”.
5
After paragraph (9) there shall be inserted the following paragraph —
9A
An operator of an approved rendering plant shall ensure that no protein or tallow produced from any specified risk material —
a
is consigned from the plant for disposal by burial; or
b
is disposed of by burial,
unless the specified risk material has been processed at the plant in accordance with method 4 prescribed in Part II of Schedule 1 to these Regulations.
.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
6th March 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 6) (England) Order 2001.
2
In this Order —
“ the Act ” means the Health and Social Care Act 2001;
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“concluded” in relation to a case falling within article 2(5) means that the NHS Tribunal has given its decision and —
any period within which an appeal may be made has expired,
an appeal is withdrawn, or
all rights of appeal have been exhausted,
as the case may be;
“pharmacist case” means a case before the NHS Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act; and
“the NHS Tribunal” means the tribunal constituted under section 46 of the 1977 Act.
3
This Order extends to England only.
Appointed days
2
1
The day appointed for the coming into force of each provision of the Act specified in Part I of Schedule 1 to this Order is 22nd November 2001.
2
The day appointed for the coming into force of each provision of the Act specified in Part II of Schedule 1 to this Order is —
a
for the purpose of making Regulations, 22nd November 2001, and
b
for all other purposes except those relating to the provision of pharmaceutical services under the 1977 Act, 14th December 2001.
3
The day appointed for the coming into force of each provision specified in Part III of Schedule 1 to this Order, except in so far as they relate to the provision of pharmaceutical services under the 1977 Act, is 14th December 2001.
4
Subject to paragraph (5), 14th December 2001 is the day appointed for the coming into force of each provision of the Act specified in Schedule 2 to this Order.
5
The day appointed for the coming into force of each provision of the Act specified in Schedule 2 to this Order in relation to cases falling within paragraph (6) is the date 14 days after the date on which the last such case is concluded.
6
For the purposes of paragraph (5) the cases are those —
a
where proceedings in the case (other than a pharmacist case) commenced before the NHS Tribunal under the 1977 Act before 1st November 2001, or under the 1997 Act before 14th December 2001, but the case is not concluded until after 14th December 2001, or
b
in a pharmacist case, where proceedings in the case commenced before the NHS Tribunal before the coming into force of the first regulations made under section 42 of the 1977 Act after the commencement of section 20(6) of the Act.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
21st November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2001 and shall come into force on 1st November 2001.
Amendment of Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988
2
1
Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988 (identification of stations and postcode districts) shall be amended in accordance with the following provisions of this regulation.
2
For entries 6, 11, 13, 20, 29 and 70 there shall be respectively substituted the entries in the Schedule to these Regulations.
3
The new entry 16A (Cassley) specified in the Schedule to these Regulations shall be inserted after entry 16 (Carlisle).
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th October 2001


text:
Citation and commencement
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions, and Rebates) (Money Purchase Contracted-out Schemes) Order 2001 and shall come into force on 6th April 2002.
Reduced rates of Class 1 contributions, and rebates
2
For the purposes of section 42A of the Pension Schemes Act 1993 and section 38A of the Pension Schemes (Northern Ireland) Act 1993 (reduced rates of Class 1 contributions, and rebates) —
a
the appropriate flat-rate percentage in respect of earners for the tax years 2002–2003 to 2006–2007 —
i
in the case of a primary Class 1 contribution is 1.6 per cent, and
ii
in the case of a secondary Class 1 contribution is 1 per cent;
b
the appropriate age-related percentages in respect of earners for each of the tax years 2002–2003 to 2006–2007 are the percentages specified in relation to that year in the Table set out in the Schedule to this Order, by reference to the earners' ages on the last day of the preceding tax year.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
3rd April 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Personal Allowances for Children and Young Persons) Regulations 2001 and shall, subject to paragraphs (2) and (3) below, come into force on 22nd October 2001.
2
Regulation 2 of these Regulations shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 22nd October 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations .
3
Regulation 2 of these Regulations shall, in relation to a claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 22nd October 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
In these Regulations —
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Income support, jobseeker’s allowance, housing benefit and council tax benefit: personal allowances in respect of children and young persons
2
1
In column (2) of the table in each of the provisions specified in paragraph (2) below (which specify the personal allowances to be applied in respect of children when calculating applicable amounts) —
a
in entry (a), for the sum “£31.45” there shall be substituted the sum “£32.95”;
b
in entry (b), for the sum “£32.25” there shall be substituted the sum “£33.75”.
2
The provisions specified for the purposes of paragraph (1) above are —
a
paragraph 2(1) of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 ;
b
paragraph 2(1) of Schedule 2 to the Housing Benefit (General) Regulations 1987 ;
c
paragraph 2(1) of Schedule 2 to the Income Support Regulations;
d
paragraph 2(1) of Schedule 1 to the Jobseeker’s Allowance Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th August 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Products of Animal Origin (Import and Export) (Amendment) (England) Regulations 2001; they extend to England; and shall come into force at 11.00 a.m. on 2nd May 2001.
Amendment of the Products of Animal Origin (Import and Export) Regulations 1996
2
1
The Products of Animal Origin (Import and Export) Regulations 1996 in so far as they apply to England are amended in accordance with the following paragraphs of this regulation.
2
For regulation 16(3) there shall be substituted the following provision —
3
Subject to the following paragraph, if an authorised officer of the Minister, the Agency or a local authority has reasonable grounds for believing that any product of animal origin does not comply with animal or public health conditions relating to import into Great Britain or the European Community he may, by means of a notice served on the person appearing to him to have charge of the consignment, prohibit the movement of the consignment except as specified in the notice.
.
3
For regulation 20(3) there shall be substituted the following provision —
3
Where an authorised officer of the Minister, the Agency or a local authority has reasonable grounds for believing that any product of animal origin does not comply with animal or public health conditions relating to import he may, by notice in writing, require the person appearing to be in charge of that product to destroy or re-export it, in each case under the control and direction of the authorised officer.
.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
1st May 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 5) (England) Order 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Care Standards Act 2000;
“the 1989 Act ” means the Children Act 1989 .
3
This Order extends to England only.
Appointed day
2
16th March 2001 is the day appointed for the coming into force of —
a
section 79(1) of the Act for the purpose only of enabling the Secretary of State to exercise the following powers to make regulations under Part XA of the 1989 Act, namely, —
i
under section 79C(1), governing the activities of registered persons who act as child minders, or provide day care, on premises in England;
ii
under section 79E(2)(a), prescribing information and matters for the purpose of applications under section 79E;
iii
under section 79F(1)(b), prescribing the fee for applications for registration for child minding;
iv
under section 79F(2)(b), prescribing the fee for applications for registration for providing day care;
v
under section 79H(1), providing for the suspension for prescribed periods in prescribed circumstances of the registration of any person acting as a child minder or providing day care;
vi
under section 79N(5), conferring further functions on the Chief Inspector relating to child minding and day care provided in England;
vii
under section 79Q(2), prescribing the intervals between inspections of child minding provided in England by a registered person;
viii
under section 79Q(3), prescribing the intervals between inspections of day care provided by a registered person on any premises in England;
ix
under section 79R(1), prescribing the period within which a person who has conducted an inspection shall report to the Chief Inspector;
x
under section 79R(3)(b), prescribing the authorities or persons to whom reports or parts of reports of inspections shall be copied;
xi
under section 79V, governing the securing by local authorities of the provision of information, advice and training under that section;
xii
under section 79W(4), requiring persons to whom that section applies to hold a certificate of suitability and prescribing persons whose suitability has to be certified;
b
section 79(2) of the Act for the purpose only of enabling the Secretary of State to exercise the following powers to make regulations under Schedule 9A of the 1989 Act, namely, —
i
under paragraph 1(1), prescribing the excepted circumstances in relation to the disapplication of Part XA;
ii
under paragraph 4(1), providing for a person to be disqualified for registration for child minding or providing day care;
iii
under paragraph 4(3), providing for the disqualification for registration of persons in the circumstances described in that paragraph;
iv
under paragraph 6(2), prescribing information and matters for the purpose of certificates of registration given under paragraph 6(1);
v
under paragraph 6(4), prescribing the fee for issuing a copy certificate;
vi
under paragraph 7, requiring the payment of an annual fee and prescribing the amount of the annual fee and the times at which the fee shall be payable;
c
section 79(3) and (4) of the Act, enabling the Secretary of State to make, by order a scheme for the transfer of eligible employees; and
d
sections 114 and 115 of the Act.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
15th March 2001


text:
Citation and commencement
1
This Order may be cited as the First Community Health, the Foundation and the Premier Health National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The First Community Health National Health Service Trust established by the First Community Health National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Foundation National Health Service Trust established by the Mental Health Foundation of Mid-Staffordshire National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The Premier Health National Health Service Trust established by the Premier Health National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
8th January 2001


text:
Citation and commencement
1
These Regulations may be cited as the Climate Change Agreements (Energy-intensive Installations) Regulations 2001 and shall come into force on the day after the day on which they are made.
Amendment of paragraph 51 of Schedule 6 to the Finance Act 2000
2
1
Paragraph 51 of Schedule 6 to the Finance Act 2000 (Energy-intensive installations) has effect subject to the following amendments.
2
For sub-paragraph (2) substitute —
2
Sub-paragraph (2A) applies where —
a
an installation falls within any one or more of those descriptions, and
b
there is, on the same site as the installation, a location at which ancillary activities are carried out.
2A
The installation (taken alone) is not covered by this paragraph, but the combination —
a
of the installation and that location, or
b
where there is more than one such location, of the installation and all of those locations,
is to be taken as being an installation covered by this paragraph.
2B
In sub-paragraph (2) “ancillary activities” means activities that —
a
are directly associated with any of the primary activities carried out in the installation,
b
have a technical connection with those primary activities, and
c
could have an effect on environmental pollution.
3
In sub-paragraph (3), for “sub-paragraphs (1) and (2)” substitute “sub-paragraphs (1) to (2B)”.
4
Omit sub-paragraphs (4) and (5).
5
In sub-paragraph (6), for “sub-paragraph (4)” substitute “sub-paragraph (2B)”.
6
In the Table, for entries 1 to 33 (and the italic cross-headings) there is substituted —
Installations regulated under the Pollution Prevention and Control (England and Wales) Regulations 2000 ( S.I. 2000/1973 )
1
Part A installations.
Installations that would be so regulated but for a threshold or exception
2
Installations that would be Part A installations but for —
a
a relevant numeric threshold, or
b
a relevant exception.
Installations that would be so regulated if certain modifications were made to the Regulations
3
Installations that would be Part A installations if the relevant modifications were made.
Corresponding installations in Scotland and Northern Ireland
4
Installations that are situated in Scotland or Northern Ireland, but if situated in England and Wales —
a
would be Part A installations,
b
would be Part A installations but for —
i
a relevant numeric threshold, or
ii
a relevant exception, or
c
would be Part A installations if the relevant modifications were made.
Interpretation of entries 1 to 4
5
1
In this entry “the Schedule” means Schedule 1 to the Pollution Prevention and Control (England and Wales) Regulations 2000 .
2
In entries 1 to 4 —
a
“Part A installation” has the meaning given in Part 3 of the Schedule;
b
“relevant exception” means —
i
the exception in paragraph (b)(i) of Part A(1) of Section 2.1 of Part 1 of the Schedule,
ii
the exceptions in paragraph (c) of Part A(1) of Section 5.1 of Part 1 of the Schedule for activities falling within Part B of that Section and for the incineration of specified hazardous waste in an exempt incineration plant, or
iii
the exception in paragraph (e) of Part A(1) of Section 5.1 of Part 1 of the Schedule for incineration as part of a Part B activity in so far as this exception relates to the activities referred to in paragraphs (a) and (b) of Part B of that Section;
c
“the relevant modifications” means the omission of the following provisions of Part 1 of the Schedule:
i
the final twelve words of paragraph (b) of Part A(1) of Section 4.4;
ii
the final twelve words of paragraph (b) of Part A(1) of Section 4.5;
iii
paragraph 1 of the Interpretation of Part A(1) of Section 5.4;
iv
the final fourteen words of paragraph (c) of Part A(1) of Section 6.1;
v
the final fourteen words of paragraph (c) of Part A(1) of Section 6.4; and
vi
the final fourteen words of paragraph (f)(ii) of Part A(1) of Section 6.8; and
d
“relevant numeric threshold” means a numeric threshold specified in any of the following provisions of Part 1 of the Schedule:
i
paragraphs (c) and (d) of Part A(1) of Section 2.1;
ii
Part A(2) of Section 2.1;
iii
paragraph (b) of Part A(1) of Section 2.2;
iv
Part A(1) of Section 2.3;
v
paragraph (b) of Part A(1) of Section 3.1;
vi
paragraph (b) of Part A(2) of Section 3.1;
vii
paragraph (b) of Part A(1) of Section 3.3;
viii
Part A(2) of Section 3.3;
ix
paragraph (a) of Part A(1) of Section 3.4;
x
Part A(2) of Section 3.6;
xi
paragraphs (c) and (d) of Part A(1) of Section 4.1;
xii
paragraphs (d) and (e) of Part A(1) of Section 5.1;
xiii
Part A(1) of Section 5.2;
xiv
Part A(1) of Section 5.3;
xv
paragraph (c) of Part A(1) of Section 5.4;
xvi
paragraph (b) of Part A(1) of Section 6.1;
xvii
Part A(1) of Section 6.3;
xviii
paragraphs (a) and (b) of Part A(1) of Section 6.4;
xix
Part A(2) of Section 6.4;
xx
Part A(2) of Section 6.7;
xxi
paragraphs (a) to (e) of Part A(1) of Section 6.8;
xxii
Part A(2) of Section 6.8; and
xxiii
Part A(1) of Section 6.9; and
e
any reference to a part of the United Kingdom includes the territorial waters adjacent to that part.
David Jamieson
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2001.
2
These Regulations extend to England only .
3
These Regulations come into force on 29th November 2001.
4
In these Regulations “the principal Regulations ” means the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 .
Council tax increases to be shown on a council tax demand notice
2
In Schedule 1 to the principal Regulations, after paragraph 6 insert the following paragraph —
6A
1
Subject to paragraph (2), and where the relevant year begins on or after 1st April 2002, a statement as regards —
a
the relevant year,
b
the category of dwellings which includes the relevant dwelling, and
c
the relevant valuation band,
of the percentage change, shown to one decimal place, between the amounts stated in accordance with paragraphs (i), (ii) and (iii) of paragraph 6(1) on the demand notice served in relation to the preceding year and the amounts stated on the demand notice for the relevant year in accordance with those paragraphs.
2
Where the relevant valuation band as regards the relevant dwelling for the relevant year is different from the valuation band applicable to the relevant dwelling for the preceding financial year, a statement of the percentage difference, shown to one decimal place, between:
a
the amounts which would have been stated in accordance with paragraphs (i), (ii) and (iii) of paragraph 6(1) on the demand notice served in relation to the preceding year, had the valuation band applicable to the relevant dwelling in the preceding year been the relevant valuation band applicable to the relevant dwelling in the relevant year, and
b
the amounts stated in accordance with paragraphs (i), (ii) and (iii) of paragraph 6(1) as regards the relevant year.
.
Amounts relating to local precepts to be stated on a council tax demand notice
3
In Schedule 1 to the principal Regulations, in paragraph 7 —
a
after “local precepting authority concerned and” insert “either”;
b
at the end add —
“or the amount calculated in respect of that precept or anticipated amount or amount otherwise taken into account (as the case may be) as payable for the relevant year, for the relevant valuation band, and for a dwelling in the category of dwellings which includes the relevant dwelling.”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Title, extent and commencement
1
This Order may be cited as the Specified Risk Material (Amendment) (England) Order 2001, shall extend to England and shall come into force on 13th August 2001.
Amendment of the Specified Risk Material Order 1997
2
1
In so far as it extends to England, the Specified Risk Material Order 1997 shall be amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 2 (interpretation) —
a
the phrase “(subject to paragraph (5) below)” is inserted at the beginning of paragraph (c) of the definition of “specified risk material”; and
b
the following definition is inserted at the end —
“vertebral column” excludes the vertebrae of the tail and the transverse process of the lumbar vertebrae but includes dorsal root ganglia.
.
3
The following paragraph is inserted at the end of article 2 —
5
Notwithstanding paragraph (c) of the definition of “specified risk material” in paragraph (1) above, where the carcase of a bovine animal containing vertebral column which is specified bovine material has been imported in accordance with article 6(2A) below, the part of the carcase not comprising the vertebral column shall not be regarded as specified risk material for the purposes of this Order.
.
4
In paragraph (1) of article 3 (specified sheep and goat material), the phrase “(subject to paragraph (2) below)” is inserted before the definition “specified sheep or goat material”.
5
The following paragraphs are inserted at the end of article 3 —
2
Material derived from a sheep or goat born, continuously reared and slaughtered in any of the countries specified in paragraph (3) below is not specified sheep or goat material as defined by paragraph (1) above.
3
The countries are —
Australia
Argentina
Brazil
Botswana
Chile
Costa Rica
Namibia
New Zealand
Nicaragua
Paraguay
Uruguay
Singapore and
Swaziland.
.
6
The following paragraph shall be substituted for paragraph (1) of article 4 (specified bovine material) —
1
In this Order, “specified bovine material” means —
a
(subject to paragraph (3) below) the intestines from the duodenum to the rectum of a bovine animal, regardless of where it was slaughtered or died or its age at slaughter or death;
b
the following material derived from a bovine animal which was slaughtered or died in the United Kingdom or Portugal when it was aged over 6 months —
i
the head (excluding the tongue but including the brain, eyes, trigeminal ganglia and tonsils),
ii
the thymus,
iii
the spleen,
iv
the spinal cord, and
v
(subject to paragraph (4) below) in the case of such an animal which was slaughtered or died when it was aged over 12 months, the vertebral column; and
c
(subject to paragraph (3) below) the following material derived from a bovine animal which was slaughtered or died elsewhere than in Portugal or the United Kingdom when it was aged over 12 months —
i
the skull (including the brain and eyes),
ii
the tonsils,
iii
the spinal cord, and
iv
(subject to paragraph (5) below) the vertebral column.
.
7
The following paragraph is substituted for paragraph (2) of article 4 —
2
In each of sub-paragraphs (b) and (c) of paragraph (1) above the reference to Portugal does not include a reference to the Autonomous Region of the Azores.
.
8
The following paragraphs are added at the end of article 4 —
3
Material derived from a bovine animal born, continuously reared and slaughtered in any of the countries specified in article 3(3) above is not specified bovine material as defined by paragraph (1)(a) or (c) above.
4
Notwithstanding paragraph (1)(b)(v) above, the vertebral column of
a
a bovine animal born and continuously reared in Portugal or the United Kingdom and slaughtered there when it was aged over 12 months but no more than 30 months; or
b
a beef assurance scheme animal,
shall not be regarded as specified bovine material for the purposes of this Order.
5
Notwithstanding paragraph (1)(c)(iv) above, the vertebral column of a bovine animal born, continuously reared and slaughtered in Austria, Finland or Sweden shall not be regarded as specified bovine material for the purposes of this Order.
6
In paragraph (4)(b) above, “beef assurance scheme animal” means a bovine animal such as is specified in regulation 3(2)(a) or (b) of the Fresh Meat (Beef Controls) ( No. 2) Regulations 1996 .
.
9
In article 6 —
a
the words “Subject to paragraph (2A) below” are inserted at the beginning of paragraph (2); and
b
the following paragraph is inserted after paragraph (2) —
2A
Paragraph (2) above shall not be taken to prohibit the import into England from outside the British Islands of a carcase of a bovine animal containing any vertebral column which is specified bovine material where —
a
the carcase is to be transported directly to premises designated under regulation 15A of the Specified Risk Material Regulations 1997 for the removal of the vertebral column there; and
b
not less than 72 hours before he intends to import the carcase, he has given notice of the intended import to the director of the Meat Hygiene Service of the Food Standards Agency for the region of that Service in which those premises are situated (or, if there is no such director, the officer of the Food Standards Agency responsible for the exercise of similar functions).
.
10
In Schedule 2 (form of importation certificate) for the declaration there shall be substituted the following declaration —
.
*delete one of these as appropriate. ”.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 2) Order 2001 and shall come into force on 31st December 2001.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 ;
Amendment of Schedule 1 to the principal Order
2
In Schedule 1 to the principal Order (which specifies substances which if included in medicinal products make those products prescription only medicines and exemptions from restrictions on the sale and supply of prescription only medicines) —
a
in relation to the substance Cetirizine Hydrochloride, the entry in column 5 is deleted;
b
in relation to the substance Flurbiprofen —
i
in column 2, there is inserted “8.75 mg”;
ii
in column 3, there is inserted “Throat lozenges”;
iii
in column 4, there is inserted “43.75 mg (MDD)”; and
iv
in column 5, there is inserted “Container or package containing not more than 140 mg of Flurbiprofen”;
c
in relation to the substance Loratadine, the entry in column 5 is deleted;
d
in relation to the substance Terbinafine —
i
in column 2, there is inserted “1.0 per cent”;
ii
in column 3, there is inserted “External use for the treatment of tinea pedis, tinea cruris and tinea corporis. In the form of a gel”; and
iii
in column 5, there is inserted “Container or package containing not more than 30 grams of medicinal product”;
e
there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entries set out in column 1 in the Table below, and, against those entries, there is inserted in columns 2, 3, 4 and 5 the corresponding text in columns 2, 3, 4 and 5 below:
Column 1 Column 2 Column 3 Column 4 Column 5
Substance Maximum strength Route of administration, use, or pharmaceutical form Treatment limitations Maximum quantity Diphenoxylate Hydrochloride 2.5 mg In combination with Atropine Sulphate for short term use as an adjunctive therapy to appropriate rehydration in acute diarrhoea 25 mg (MDD) Container or package containing not more than 20 tablets For use in persons aged 16 years and over Tablets Dolasetron Mesilate Ropinirole Hydrochloride
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
9th December 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
6th December 2001


text:
Citation and Commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2001 and shall come into force on 20th March 2001.
Amendment of the Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
3
In article 20(3)(c)(i) for “Subject to sub-paragraphs (i) and (ii)” there shall be substituted “Subject to sub-paragraphs (ii) and (iii)”.
4
After article 78 there shall be inserted:
Production of air traffic service equipment documents and records
78A
The holder of an approval under articles 104 or 105 of this Order shall within a reasonable time after being requested to do so by an authorised person, cause to be produced to that person any documents and records relating to any air traffic service equipment used or intended to be used in connection with the provision of a service to an aircraft.
.
5
For article 88 there shall be substituted:
Requirement for air traffic control approval for the provision of air traffic services
88
1
No person in charge of the provision of an air traffic control service shall provide such a service in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has, in pursuance of international arrangements, undertaken to provide air navigation services otherwise than under and in accordance with the terms of an air traffic control approval granted to him by the CAA .
2
The CAA shall grant an air traffic control approval if it is satisfied that the applicant is competent, having regard to his organisation, staffing, equipment, maintenance and other arrangements, to provide a service which is safe for use by aircraft.
3
An air traffic control approval may be granted subject to such conditions as the CAA thinks fit and shall, subject to the provisions of article 81 of this Order, remain in force for the period specified in the approval.
.
6
Article 90(2) and (3) shall be omitted.
7
After article 90 there shall be inserted:
Making of an air traffic direction in the interests of safety
90A
1
The CAA may, in the interests of safety, direct the person in charge of an aerodrome that there shall be provided in respect of any aerodrome (other than a Government aerodrome) such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.
2
The CAA may, in the interests of safety, direct the holder of a licence to provide air traffic services granted under Part I of the Transport Act 2000 that there shall be provided, in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has in pursuance of international arrangements undertaken to provide air navigation services, otherwise than in respect of an aerodrome, such an air traffic control service, a flight information service or a means of two way radio communication as the CAA considers appropriate.
3
The CAA may specify in a direction made under this article the periods during which, the times at which, the manner in which and the airspace within which such service or such means shall be provided.
4
The person who has been directed shall cause such a service or means to be provided in accordance with any such direction.
5
a
The CAA may, if it thinks fit, make a provisional air traffic direction in accordance with paragraphs (1) or (2) pending inquiry into or consideration of the case.
b
A provisional air traffic direction shall have effect as though it was an air traffic direction made in accordance with paragraph (1) or (2) as the case may be.
Making of a direction for airspace policy purposes
90B
1
After consultation with the Secretary of State the CAA may direct in accordance with paragraphs (2) and (3) any person in charge of the provision of air traffic services to provide air traffic services in respect of United Kingdom airspace or airspace outside the United Kingdom for which the United Kingdom has undertaken in pursuance of international arrangements to provide air traffic services.
2
A direction under paragraph (1) may be made:
a
in the interests of ensuring the efficient use of airspace; or
b
to require that air traffic services are provided to a standard considered appropriate by the CAA for the airspace classification.
3
The CAA may specify in a direction under paragraph (1) the air traffic services and the standard to which they are to be provided and the periods during which, the times at which, the manner in which, and the airspace within which such services shall be provided.
4
The person to whom a direction is given shall cause such a service to be provided in accordance with the direction.
.
8
For the title to Part X there shall be substituted:
PART X AIR TRAFFIC SERVICE EQUIPMENT, AERODROMES, AERONAUTICAL LIGHTS AND DANGEROUS LIGHTS
9
For articles 104 and 105 there shall be substituted:
Air traffic service equipment
104
1
A person shall not cause or permit any air traffic service equipment to be established or used in the United Kingdom otherwise than under and in accordance with an approval granted by the CAA to the person in charge of the equipment.
2
An approval shall be granted pursuant to paragraph (1) upon the CAA being satisfied:
a
as to the intended purpose of the equipment; and
b
that the person is competent to operate the equipment and that the equipment is fit for its intended purpose.
3
a
The person in charge of an aeronautical radio station at an aerodrome for which a licence for public use has been granted shall cause to be notified in relation to that aeronautical radio station the type and availability of operation of any service which is available for use by any aircraft.
b
An approval granted pursuant to paragraph (1) may include a condition requiring a person in charge of an aeronautical radio station at any other aerodrome or place to cause the information specified in subparagraph (a) to be notified.
4
An approval granted pursuant to paragraph (1) may include a condition requiring the person in charge of the equipment to use a person approved by the CAA pursuant to paragraph (5) for the provision of particular services in connection with the equipment and in particular but without limitation may include a condition requiring that the equipment be flight checked by such an approved person.
5
The CAA may approve a person to provide particular services in connection with approved equipment.
6
For the purpose of paragraphs (1) and (5) an approval:
a
shall be in writing and may be granted subject to such conditions as the CAA thinks fit; and
b
may be granted in respect of one or more than one person or generally.
7
The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State.
8
In this Part of this Order, air traffic service equipment means ground based equipment, including an aeronautical radio station, used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground which equipment is not otherwise approved by or under this Order but excluding:
a
any public telecommunication system; and
b
any equipment in respect of which the CAA has made a direction that it shall be deemed not to be air traffic service equipment for the purposes of articles 104 and 105 of this Order.
Air traffic service equipment records
105
1
The person in charge of any air traffic service equipment and any associated apparatus required pursuant to paragraph (2) shall keep in respect of such equipment or apparatus records in accordance with Part A of Schedule 15, and shall preserve such records for a period of one year or such longer period as the CAA may in a particular case direct.
2
a
The person in charge of an aeronautical radio station which is used for the provision of an air traffic control service by an air traffic control unit shall provide recording apparatus in accordance with paragraph (3).
b
The CAA may direct the person in charge of any other air traffic service equipment to provide recording apparatus in accordance with paragraph (3).
3
The person in charge of the air traffic service equipment in respect of which recording apparatus is required to be provided pursuant to paragraph (2) shall, subject to paragraph (5):
a
ensure that when operated the apparatus is capable of recording and replaying the terms or content of any message or signal transmitted or received by or through that equipment or in the case of an aeronautical radio station is capable of recording and replaying the terms or content of any voice radio message or signal transmitted to an aircraft either alone or in common with other aircraft or received from an aircraft by the air traffic control unit;
b
ensure that the apparatus is in operation at all times when the equipment is being used in connection with the provision of a service provided for the purpose of facilitating the navigation of aircraft;
c
ensure that each record made by the apparatus complies with Part B of Schedule 15;
d
not cause or permit that apparatus to be used unless it is approved by the CAA; and
e
comply with the terms of such an approval.
4
a
The CAA may in considering whether or not to grant an approval, without limitation, have regard to the matters specified in Part C of Schedule 15.
b
An approval may be granted subject to such conditions as the CAA thinks fit including, without limitation, conditions relating to the matters to which it may have had regard under sub-paragraph (a).
c
For the purpose of this article an approval shall be in writing and may be granted in respect of one or more than one person or generally.
5
If any apparatus provided in compliance with paragraph (2) ceases to be capable of recording the matters required by this article to be included in the records, the person required to provide that apparatus shall ensure that, so far as practicable, a record is kept which complies with Part B of Schedule 15 and on which the particulars specified therein are recorded together with, in the case of apparatus provided in compliance with paragraph (2)(a), a summary of voice communications exchanged between the aeronautical radio station and any aircraft.
6
If any apparatus provided in compliance with paragraph (2) becomes unserviceable, the person in charge of the air traffic service equipment shall ensure that the apparatus is rendered serviceable again as soon as reasonably practicable.
7
The person in charge of any air traffic service equipment shall preserve any record made in compliance with paragraphs (3) or (5) for a period of 30 days from the date on which the terms or content of the message or signal were recorded or for such longer period as the CAA may in a particular case direct.
8
a
Subject to sub-paragraph (b), a person required by this article to preserve any record by reason of his being the person in charge of the air traffic service equipment shall, if he ceases to be such a person, continue to preserve the record as if he had not ceased to be such a person, and in the event of his death the duty to preserve the record shall fall upon his personal representative:
b
If another person becomes the person in charge of the air traffic service equipment the previous person in charge or his personal representative shall deliver the record to that other person on demand, and it shall be the duty of that other person to deal with any such record delivered to him as if he was the previous person in charge.
9
The person in charge of any air traffic service equipment shall within a reasonable time after being requested to do so by an authorised person produce any record required to be preserved pursuant to this article to that authorised person.
10
The provisions of this article shall not apply in respect of any air traffic service equipment of which the person solely in charge is the Secretary of State.
.
10
In article 119(1) after sub-paragraph (c) there shall be inserted:
d
to any building or place from which an air traffic control service is being provided or where any air traffic service equipment requiring approval under article 104 is situated for the purpose of inspecting:
i
any equipment used or intended to be used in connection with the provision of a service to an aircraft in flight or on the ground, or
ii
any document or record which it or he has power to demand under this Order.
.
11
In article 129(1):
1
Before the definition of “Air traffic control unit” there shall be inserted:
“Airspace policy direction” means a direction made under article 90B;
and after that definition there shall be inserted:
“Air traffic direction” means a direction made under article 90A;
.
2
For the definition of “appropriate air traffic control unit” there shall be substituted:
“Appropriate air traffic control unit” means in relation to an aircraft either the air traffic control unit notified as serving the area in which the aircraft is for the time being, or the air traffic control unit notified as serving the area which the aircraft intends to enter and with which unit the aircraft is required to communicate prior to entering that area, as the case may be;
.
3
For the definition of “notified” there shall be substituted:
“Notified” means set forth with the authority of the CAA in a document published by or under an arrangement entered into with the CAA and entitled “United Kingdom NOTAM” or “Air Pilot” and for the time being in force;
.
4
After the definition of “Technical Harmonisation Regulation” there shall be inserted:
“Telecommunication system” and “public telecommunication system” have the same meaning as in section 4 and 9(1) of the Telecommunications Act 1984 ;
.
12
In Schedule 8, Part A, Section 1, paragraph 2 under the heading “Commercial Pilot’s Licence (Helicopter and Gyroplanes)” after sub-paragraph (3)(b)(ii) there shall be inserted:
iii
He shall not, unless his licence includes an instrument rating (helicopter) fly as co-pilot of a helicopter on any scheduled journey or on a flight for the purpose of public transport other than in visual meteorological conditions.
13
In Schedule 12, Part A, in the column headed “Article of Order”, after “90”, there shall be inserted “90A” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Requirement to comply with an air traffic direction” and in the column headed “Article of Order” thereafter there shall be inserted “90B” and adjacent thereto in the column headed “Subject Matter” there shall be inserted “Requirement to comply with an airspace policy direction”.
14
After Schedule 14 there shall be inserted:
SCHEDULE 15
Article 105
PART A
Records to be kept pursuant to article 105(1)
1
A record of any functional tests, flight checks and particulars of any maintenance, repair, overhaul, replacement or modification.
2
a
Subject to sub-paragraph (b), the record shall be kept in a legible or a non-legible form so long as the record is capable of being reproduced by the person required to keep the record in a legible form and it shall be so reproduced by that person if requested by an authorised person.
b
In any particular case the CAA may direct that the record is kept or be capable of being reproduced in such a form as it may specify.
PART B
Records required pursuant to article 105(3)(c)
Each record made by the apparatus provided in compliance with article 105(2) shall be adequately identified and in particular shall include:
a
the identification of the aeronautical radio station;
b
the date or dates on which the record was made;
c
a means of determining the time at which each message or signal was transmitted or received;
d
the identity of the aircraft to or from which and the radio frequency on which the message or signal was transmitted or received; and
e
the time at which the record started and finished.
PART C
Matters to which the CAA may have regard in granting an approval of apparatus pursuant to article 105(4)
The purpose for which the apparatus is to be used.
The manner in which the apparatus has been specified and produced in relation to the purpose for which it is to be used.
The adequacy, in relation to the purpose for which the apparatus is to be used, of the operating parameters of the apparatus (if any).
The manner in which the apparatus has been or will be operated, installed, modified, maintained, repaired and overhauled.
The manner in which the apparatus has been or will be inspected.
.
A.K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001 and shall come into force on the day after the day on which it is made.
2
The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 1999 is hereby revoked.
2
The organisations specified in the Schedule to this Order are specified organisations for the purposes of the Northern Ireland (Sentences) Act 1998.
John Reid
One of Her Majesty’s Principal Secretaries
Northern Ireland Office
12th October 2001


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Partnership Agreement between the Members of the African, Caribbean and Pacific Group of States and the European Community and its Member States (The Cotonou Agreement)) Order 2001. It shall come into force, in respect of each treaty specified in the Schedule to this Order, on the date on which the treaty enters into force for the United Kingdom. These dates will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaties specified in the Schedule to this Order are to be regarded as Community Treaties as defined in Section 1(2) of the European Communities Act 1972.
A.K.Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Public Telecommunication System Designation (Eigernet Limited) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Passenger Car (Fuel Consumption and CO 2 Emissions Information) Regulations 2001 and shall come into force on 21st November 2001.
Disapplication of the Passenger Car Fuel Consumption Order
2
Article 4 of the Passenger Car Fuel Consumption Order 1983 shall have effect with the addition of the following sub-paragraph at the end of paragraph (1) —
d
cars to which the Passenger Car (Fuel Consumption and CO 2 Emissions Information) Regulations 2001 apply
.
Interpretation
3
1
In these Regulations —
“the 1998 Regulations ” means the Motor Vehicles ( EC Type Approval) Regulations 1998 ;
“dealer” means a retailer or other person who displays or offers for sale or lease new passenger cars to end users;
“EC certificate of conformity” means a EC certificate of conformity issued by a manufacturer under regulation 5 of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 6 of the Framework Directive ;
“EC type approval certificate” means a type approval certificate issued by the Secretary of State under regulation 4(5) of the 1998 Regulations or under any provision of the law of a Member State other than the United Kingdom implementing Article 4 of the Framework Directive;
“enforcement authority” means —
in England and Wales and Scotland, the Secretary of State or a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the Framework Directive” means Council Directive 70/156/ EEC of 6th February 1970 on the approximation of the laws of the member states relating to the type-approval of motor vehicles and their trailers as last amended by Council Directive 2000/40/EC of 10th August 2000 ;
“fuel economy guide” means the publication containing official fuel consumption and official specific emissions of CO 2 figures, which is published by the Department for Transport, Local Government and the Regions for the purposes of Article 4 of Council Directive 1999/94/EC of 13th December 1999 and which meets the requirements specified in Schedule 1;
“fuel economy label” means a label which contains the official fuel consumption and official specific emissions of CO 2 figures for a model of new passenger car and which meets the requirements specified in Schedule 2;
“make”, in relation to a passenger car, means the trade name of the manufacturer appearing on the EC certificate of conformity and the EC type approval certificate relating to that car;
“model”, in relation to a passenger car, means the commercial description of its make and type, and any variant or version covered by that description;
“new passenger car” means a passenger car which has not previously been sold to a person who bought it for a purpose other than that of selling or supplying it;
“official fuel consumption” means, in relation to a model of passenger car, the fuel consumption figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC of 16th December 1980 and contained in the relevant EC type approval certificate or EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;
“official specific emissions of CO 2 ” means, in relation to a model of passenger car, the specific emissions of CO 2 figures for that model measured in accordance with the provisions of Council Directive 80/1268/EEC and contained in the relevant EC type approval certificate or the EC certificate of conformity, except that where a model comprises more than one variant or version it means the highest such figures for any of those variants or versions;
“passenger car” means a motor vehicle to which these Regulations apply by virtue of regulation 4;
“point of sale” means a location where new passenger cars are displayed or offered for sale or lease and includes a car showroom or forecourt and a trade fair where new cars are presented to the public;
“promotional literature” means all printed matter used in the marketing, advertising and promotion of a new passenger car for sale or lease to the general public;
“supplier” means the manufacturer of a passenger car or any person authorised to act on that person’s behalf within the Community;
“type”, “variant” and “version” have the same meaning as in Annex II B of the Framework Directive.
Application
4
These Regulations apply to motor vehicles with at least four wheels (excluding quadricycles as defined in Article 1(3) of Council Directive 92/61/EEC of 30th June 1992 ) which are within category M1 of Annex II of the Framework Directive and which —
a
have been manufactured to conform with a vehicle type approval granted pursuant to the Framework Directive;
b
emit at any time CO 2 , hydrocarbons or carbon monoxide; and
c
are not special purpose vehicles as specified in Article 4(1)(a) of the Framework Directive.
Suppliers' duty in respect of the provision of official fuel consumption and official specific emissions of CO 2 figures
5
1
A supplier of a new passenger car shall, on request by a dealer, provide free of charge to the dealer the official fuel consumption and official specific emissions of CO 2 figures for any model of passenger car manufactured by that supplier.
2
Where a dealer makes a request for the purposes of paragraph (1), the supplier shall ensure that the information requested is provided promptly to the dealer.
Dealers' duty in respect of the fuel economy label
6
A dealer shall ensure that there is displayed in a clearly visible manner on or near each new passenger car displayed or offered for sale or lease by that dealer at a point of sale, a fuel economy label for the model to which that car belongs.
Dealers' duty in respect of the fuel economy guide
7
Upon request by any prospective end user of any new passenger car displayed or offered for sale or lease by any dealer, a copy of the current edition of the fuel economy guide shall be provided at the point of sale by that dealer free of charge to that prospective end user.
Dealers' duty in respect of a poster or display
8
1
A dealer shall ensure that, in relation to each make of new passenger car displayed or offered for sale or lease to prospective end users by him at or through a point of sale, there is exhibited in a prominent position at that point of sale, a poster or display, which contains the official fuel consumption and official specific emissions of CO 2 figures for every model of that make.
2
A poster or display for the purposes of paragraph (1) —
a
shall comply with the requirements specified in Schedule 3; and
b
shall be revised at least once every six months, and if any new model is to be displayed or offered for sale during the intervening period at or through a point of sale, the official fuel consumption and official specific emissions of CO 2 figures and the other requirements specified in Schedule 3 relating to that model shall be added to the poster.
Dealers' and Suppliers' duties in respect of promotional literature
9
1
The supplier of a model of passenger car shall ensure that all promotional literature for that model which is published or made available by him complies with the requirements specified in Schedule 4.
2
A dealer shall ensure that all promotional literature which is published or made available by him in respect of any model of new passenger car displayed or offered for sale or lease by him complies with the requirements specified in Schedule 4.
Dealers' and Suppliers' duties in respect of confusing marks, symbols etc.
10
1
The requirements of paragraph (2) shall be complied with by —
a
a dealer in respect of any fuel economy label, fuel economy guide, poster or display provided or exhibited by him in accordance with regulations 6, 7 or 8; and
b
a dealer and a supplier in respect of any promotional literature published or made available by him in accordance with regulation 9.
2
No mark, symbol or inscription relating to official fuel consumption or official specific emissions of CO 2 figures which does not comply with these Regulations, shall be included in any fuel economy label, poster or display, or promotional literature if it could mislead or confuse potential end users.
Enforcement and offences
11
1
Subject to paragraph (3) it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings in Scotland for an offence.
3
Schedule 5 shall have effect with regard to offences, enforcement and other matters.
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
30th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hyndburn and Ribble Valley Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 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 Hyndburn and Ribble Valley Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the Hyndburn and Ribble Valley Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
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;
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.
Limitations on the exercise of functions by the trust during the preparatory period
5
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
6
1
The East Lancashire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East Lancashire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The CommuniCare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under-Secretary of State,
Department of Health
20th October 2001


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Hill Farm Allowance Regulations 2001, shall come into force on 19th March 2001 and, subject to paragraph (2), shall apply to England.
2
Paragraph 1 of Schedule 3, and regulation 10 in so far as it relates to that paragraph, shall also apply to Scotland.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1975 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1975 ;
“the 1979 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1979 ;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1994 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“the 1996 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1996 ;
“the 1999 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1999 ;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92 ;
“claimant” means any person who has made a claim for compensatory allowance and “claim” shall be construed accordingly;
“claimed forage area” means land which has been entered as forage area in an area aid application for the year 2000;
“ Commission ” means the Commission of the European Communities;
“ Commission Regulation 1750/1999 ” means Commission Regulation ( EC ) No. 1750/1999 laying down detailed rules for the application of Council Regulation 1257/1999 , as amended by Commission Regulation (EC) No. 2075/2000 ;
“ Commission Regulation 2316/1999 ” means Commission Regulation (EC) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 , as last amended by Commission Regulation 2860/2000 ;
“ Commission Regulation 2342/1999 ” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes, as last amended by Commission Regulation (EC) No. 1900/2000 ;
“common land” means any land which is registered as common land with grazing rights under the Commons Registration Act 1965 ;
“Council Regulation 3508/92” means Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes, as last amended by Council Regulation 1593/2000 ;
“ Council Regulation 1254/1999 ” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF );
“designated maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Ministry of Agriculture, Fisheries and Food, Nobel House, 17 Smith Square, London SWIP 3HX;
“disadvantaged land” (except in the expression “severely disadvantaged land”) means land shown coloured blue on the designated maps;
“eligible land” means land within the less favoured area or relevant afforested land;
“eligible forage area” means such part of the relevant forage area as lies within a less favoured area;
“ewe” means a female sheep which is at least one year old, or has lambed, on 1st January 2001;
“first compensatory allowance” means hill farm allowance or, where a compensatory allowance has been paid under the Hill Livestock (Compensatory Allowances) Regulations , the first payment of that allowance;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999;
“heifer” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“hill farm allowance” means the compensatory allowance payable in accordance with regulations 7 and 8 of these Regulations and with Chapter V of Title II of Council Regulation 1257/1999;
“Hill Livestock (Compensatory Allowances) Regulations” means the 1994 Regulations, the 1996 Regulations or the 1999 Regulations, as the case may be;
“holding” has the same meaning as in Article 1 of Council Regulation 3508/92;
“individual reference quantity of milk” has the same meaning as in Article 31 of Commission Regulation 2342/1999;
“less favoured area” means all that land coloured blue or pink on the designated maps and land situate in the Isles of Scilly;
“livestock unit” means a unit of measurement of livestock numbers, and the following constitute a single livestock unit —
one suckler cow or a heifer if aged 24 months or over;
1.67 heifers under the age of 24 months; or
6.67 ewes;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“moorland” means all that land which is shown as less favoured area in the designated maps and which is also depicted in pink in the three volumes of maps entitled “Moorland Map of England 1992” each volume being marked with the number of the volume, dated 20th February 2001, signed by the Minister of State and deposited at the offices of the Ministry of Agriculture, Fisheries and Food at Nobel House, 17 Smith Square, London SW1P 3JR;
“notional livestock density” means the number of livestock units per hectare of eligible forage area, calculated as a fraction of which the numerator is the number of relevant animals expressed in livestock units and the denominator is the claimant’s eligible forage area expressed in hectares;
“Organic Farming schemes” means the aid schemes made under the Organic Farming (Aid) Regulations 1994 or the Organic Farming Regulations 1999 as the case may be;
“permanent pasture” has the meaning specified in Article 2.1 of, and Annex I to, Commission Regulation 2316/1999;
“registered organic farmer” means a claimant who is registered with UKROFS or with an organisation that is itself registered with UKROFS and who, in the year 2000 was —
not in receipt of aid under one of the Organic Farming schemes; or
not undergoing conversion to organic farming;
“relevant afforested land” means land which, in the opinion of the Minister, was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of the land under the 1975 Regulations, the 1979 Regulations or the 1984 Regulations before the date when the conversion to forest was completed, but such land shall cease to be relevant afforested land for the purposes of these Regulations 15 years after the date on which such conversion was completed;
“relevant animals” means the suckler cows, heifers and ewes in respect of which a claimant, in the year 2000, applied for suckler cow premium or, as the case may be, sheep annual premium;
“relevant forage area” means the claimed forage area or, in relation to a claimant in relation to whom regulation 9 applies, such part of the claimed forage area as results from the deductions made to the relevant forage area in accordance with that regulation;
“severely disadvantaged land” means land shown coloured pink on the designated maps and land situate in the Isles of Scilly;
“sheep annual premium” means the premium payable under the Sheep Annual Premium Regulations 1992 ;
“suckler cow” shall have the same meaning as in Article 3 of Council Regulation 1254/1999;
“suckler cow premium” means the premium payable under the Suckler Cow Premium Regulations 1993 ; and
“UKROFS” means the United Kingdom Register of Organic Food Standards;
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations and any reference to the Schedule is a reference to the Schedule to these Regulations.
4
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
Power to make payments
3
Subject to regulation 5, the Minister shall make payments of hill farm allowance in respect of the year 2001 to any claimant who is eligible under regulation 4 in respect of any eligible forage area.
Eligibility of producers for hill farm allowance
4
1
Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for hill farm allowance provided —
a
his claim is made in an area aid application submitted in the year 2000;
b
an area of at least ten hectares of claimed forage area entered in that area aid application lies within a less favoured area; and
c
subject to paragraph (2), the notional livestock density on the eligible forage area is not less than 0.15 livestock units.
2
The Minister may determine that a notional livestock density of less than 0.15 livestock units is sufficient for the purposes of paragraph (1)(c) if he is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals other than relevant animals kept on the eligible forage area and any other obligation of the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
3
In order to enable him to consider whether to exercise his discretion under paragraph (2), the Minister shall be provided with such information as he reasonably may require.
Conditions as to continued use of eligible land
5
Hill farm allowance shall not be paid to a claimant unless —
a
he has given a written undertaking, in such forms as the Minister may reasonably require, that he will or would, for a period of five years from the date of payment of the first compensatory allowance, continue to use at least ten hectares of eligible land for agriculture; and
b
he is not in breach of that undertaking at the date of payment.
Release from undertaking
6
A claimant is released from the undertaking referred to in regulation 5 —
a
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
b
if he ceases farming and at least ten hectares of the eligible land last used by him for the grazing of animals continue to be used for agriculture.
Rates of payment
7
1
Subject to paragraphs (2) and (3) and to regulations 8 and 9, payments of hill farm allowance in respect of the descriptions of eligible forage area specified in column 1 of Schedule 1 shall be made —
a
in relation to the first 350 hectares of eligible forage area in respect of which the claim is made, at the rates specified in column 2 of Schedule 1;
b
in relation to the next 350 hectares of eligible forage area in respect of which the claim is made, at one half of the rates specified in column 2 of Schedule 1.
2
Subject to regulation 4(1)(b), if the notional livestock density is less than 1.0, the payment shall be increased by 20%.
3
Except where paragraph (2) applies, the total amount payable to a claimant shall be increased by 10% if the claimant satisfies any one of the following criteria, and by 20% if he satisfies any two or more such criteria —
a
the claimant is a registered organic farmer;
b
the claimant —
i
in the year 2000, submitted applications for both sheep annual premium and suckler cow premium; and
ii
the number of suckler cows in respect of which he applied for suckler cow premium in that year is equal to at least 15% of the relevant animals;
c
the notional livestock density is less than 1.2;
d
at least one hectare, or 5% (whichever is the smaller), of the claimant’s eligible land is planted with arable crops or woodland in respect of which the claimant is not receiving any other financial support and was not converted from permanent pasture after the year 1998.
Increments to payment
8
1
After calculating the amount payable to each claimant as provided by regulation 7, the Minister may, if he thinks fit, increase that amount by a fixed percentage provided that —
a
such increase does not exceed 20% of that amount; and
b
the percentage increase is the same for each claimant.
2
If the amount payable to a claimant by virtue of regulation 7 and paragraph (1) is less than 90% of the compensatory allowance paid to that claimant in respect of the year 2000, he shall be paid, in addition to that sum, such further sum as is necessary to increase the total hill farm allowance payable to him to 90% of the compensatory allowance paid to him in respect of that year, or, if less, such proportion of that further sum as relates to the claimed forage area which was entered in his area aid application for that year and which lies within a less favoured area.
Exclusion of forage area
9
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 2 shall apply to the claimed forage area for the purposes of determining the relevant forage area.
Holdings situate partly outside England
10
The provisions of Schedule 3 shall apply in relation to holdings situate partly outside England.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
20th February 2001


text:
Citation and Commencement
1
These Regulations may be cited as the General Teaching Council for England (Registration of Teachers) (Amendment No.2) Regulations 2001 and shall come into force on 1st June 2001.
Amendment of the General Teaching Council for England (Registration of Teachers) Regulations 2000
2
The General Teaching Council for England (Registration of Teachers) Regulations 2000 are amended by —
a
the insertion in regulation 2, at the appropriate place, of —
“appropriate body” has the same meaning as in The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 ;
“National College for School Leadership” means the National College for School Leadership Limited;
“national numeracy test” means the national test for teacher training candidates in numeracy, being a standard determined by the Secretary of State under regulation 13 of the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 ;
“performance threshold” means the professional standards from time to time determined by the Secretary of State and set out in Annex 1 of the School Teachers' Pay and Conditions Document 2000 against which classroom teachers are assessed to determine whether they have passed the threshold for the purpose of calculating their pay;
The substitution for regulation 4 of the following:
4
The Council may make provision as to —
a
the form and manner in which applications for registration are to be made; and
b
the documentary and other evidence which is to accompany applications for registration.
.
the addition after “Schedule 1” at the end of regulation 6(1) of the following:
for such period (if any) as is specified in that Schedule.
the insertion after “Schedule 2” of regulations 16(1) of “(other than paragraph 9(3)(ii) of that Schedule)”;
the deletion at the end of regulation 16(2)(e) of “or”;
the insertion at the end of regulation 16(2)(f) of “or”;
the addition after regulation 16(2)(f) of the following sub-paragraph:
g
a supply teacher agency.
;
the insertion after “Schedule 2” in regulation 17 of “(other than paragraph 9(3)(ii) of that Schedule)”;
the addition after regulation 17 of the following paragraphs:
Supply of Information to Appropriate Bodies
18
1
The Council shall on request supply the information in paragraph 9 of Schedule 2 in relation to —
a
a registered teacher; or
b
a person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act,
to an appropriate body.
2
Information may only be supplied pursuant to paragraph (1) on condition that the appropriate body shall not disclose information supplied under this regulation to any person other than the teacher or person to whom the information relates.
Supply of information to the National College for School Leadership
19
1
The Council shall on request supply the information set out in paragraphs 3 and 7(b) of Schedule 2 in relation to
a
a registered teacher who has applied for the National Qualification for Headship; or
b
a person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act and who has applied for the National Qualification for Headship,
to the National College for School Leadership.
2
Information may only be supplied pursuant to paragraph (1) on condition that the National College for School Leadership shall not disclose information supplied to it under this regulation to any person other than the teacher or person to whom the information relates.
;
the substitution for paragraph 8 of Schedule 1 of the following;
8
If known, the teacher’s national insurance number.
;
the insertion after paragraph 17 of Schedule 1 of the following paragraphs:
17A
If known, an indication of whether the teacher has passed the performance threshold, the date on which he passed it and the school at which he was employed when he passed the performance threshold.
;
the addition after sub-paragraph (2) of paragraph 18 of Schedule I of the following:
3
Where the teacher gained Qualified Teacher Status between 1 May 2000 and 30 April 2001 and has not yet passed or failed an induction period, if known, an indication of whether the teacher has passed the national numeracy test and if he has not, the number of attempts the teacher has made at the test.
;
the insertion after paragraph 22 of Schedule 1 of the following paragraphs:
22A
The terms of any disciplinary order, other than a reprimand, for the time being in force, made by the Council or the General Teaching Council for Wales.
22B
The terms of any reprimand issued by the Council or the General Teaching Council for Wales, for a period of two years from the date the reprimand was issued.
;
in the heading of Schedule 2, for the words “Regulation 16 and 17” there shall be substituted “Regulations 16, 17, 18, and 19”;
in the heading of Schedule 2, for the words “to employers and the General Teaching Council for Scotland” there shall be substituted “in accordance with Regulations 16 to 19”;
the deletion at the end of sub-paragraph (b) of paragraph 4 of Schedule 2 of “and”;
the addition after sub-paragraph (c) of paragraph 4 of Schedule 2 of the following sub-paragraphs:
d
the date of its award; and
e
the institution by whom it was awarded.
the insertion after paragraph 8 of Schedule 2 of the following paragraph:
8A
Where applicable and if known, an indication that the teacher has passed the performance threshold.
;
the addition after sub-paragraph (2) of paragraph 9 of Schedule 2 of the following:
3
Where the teacher gained Qualified Teacher Status between 1 May 2000 and 30 April 2001 and has not yet passed or failed an induction period —
i
if known, an indication of whether the teacher has passed the national numeracy test; and
ii
if he has not, the number of attempts the teacher has made at the test.
; and
the insertion after paragraph 12 of Schedule 2 of the following paragraph:
12A
The terms of any disciplinary order, other than a reprimand, for the time being in force, made by the Council or the General Teaching Council for Wales.
12B
The terms of any reprimand issued by the Council or the General Teaching Council for Wales and recorded on the register.
.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
28th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Cherwell (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 7 and 8 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
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Bicester and Kidlington, on 1st May 2003, on 15th October 2002;
b
for all other purposes on 1st May 2003.
4
Article 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parish of Banbury on 6th May 2004, on 15th October 2003;
b
for all other purposes on 6th May 2004.
5
In this Order —
“district” means the district of Cherwell;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
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 Cherwell (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Cherwell
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-eight wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where 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 that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Cherwell
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Banbury
4
1
The existing wards of the parish of Banbury shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Bicester
5
1
The existing wards of the parish of Bicester shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Kidlington
6
1
The existing wards of the parish of Kidlington shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Dogwood, Exeter, Orchard, Roundham and St Mary’s; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the parish wards shall be three.
Parish Elections
7
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 1999 for the parish of Shipton-on-Cherwell and Thrupp shall be three years.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Hanwell, Horley, Hornton, Merton and Stratton Audley shall be two years.
3
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Ambrosden and Bourton shall be three years.
4
The ordinary elections of parish councillors for the parishes of Middleton Stoney and South Newington in 2002 shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
5
Elections of all parish councillors for the parishes of Ambrosden, Bourton, Middleton Stoney and South Newington shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
6
Elections of all parish councillors for the parishes listed in Schedule 5 shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
7
Elections of all parish councillors for the parishes of Adderbury, Ardley, Arncott, Blackthorn, Bodicote, Bucknell, Caversfield, Launton, Piddington and Stoke Lyne shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
8
The term of office of parish councillors elected in accordance with any of paragraphs 4, 5, 6 and 7 shall be four years; and they 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.
9
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Middleton Stoney and South Newington as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
8
The District of Cherwell (Electoral Arrangements) Order 1978, the Bicester (Division of Parish into Wards) Order 1975, the Kidlington (Amendment of Parish Ward Boundaries) Order 1975, the Town of Bicester (Wards) Order 2000 and the Parish of Kidlington (Wards) Order 2000 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
20th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Order 2001 and, subject to paragraph (2), shall come into force on 1st January 2002.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st January 2002;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the 5 Boroughs Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the 5 Boroughs Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Trust Headquarters, Hollins House, Hollins Park, Hollins Lane, Winwick, Warrington, WA2 8WA and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such other things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date
7
The North Cheshire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by the trust.
Dissolution of NHS trust
8
The Warrington Community Health Care National Health Service Trust established by the Warrington Community Health Care National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
This Order may be cited as the Horizon and the West Herts Community Health National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Horizon National Health Service Trust established by the Horizon National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The West Herts Community Health National Health Service Trust established by the West Herts Community Health National Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001