text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) Regulations 2000 and shall, subject to paragraphs (2) and (3) of this regulation, come into force–
a
for the purposes of regulations 1, 4(5), 5 (in so far as it relates to council tax benefit) and 8, on 1st April 2000;
b
for the purposes of regulations 4(4), 5 (in so far as it relates to housing benefit) and 10,
i
in a case where rent is payable at intervals of a whole number of weeks, on 3rd April 2000; and
ii
in any other case, on 1st April 2000;
c
for the purposes of the remainder of these Regulations, on 3rd April 2000.
2
Regulation 10 of these Regulations shall come into force immediately before the coming into force of regulations 5, 8 and 9 of the Housing Benefit (General) Amendment ( No. 3) Regulations 1999 .
3
Regulation 11 of these Regulations shall come into force immediately before the coming into force of regulation 12 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000 .
4
In these Regulations–
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Remunerative work
2
In the Income Support Regulations–
a
in regulation 5(6) (persons treated as engaged in remunerative work), for the words “paragraph (a) to paragraph (k) of regulation 6” there shall be substituted the words “regulation 6(1)”;
b
in regulation 6 (persons not treated as engaged in remunerative work)–
i
sub-paragraphs (a) and (e) to (g) in paragraph (1) shall be omitted;
ii
in paragraph (1)(j), for the words “paragraph 2(6) of Schedule 8 to the Social Security Act 1989” there shall be substituted the words “section 171F(2) of the Contributions and Benefits Act ”;
iii
after paragraph (3) there shall be added the following paragraph–
4
The following persons shall not be treated as engaged in remunerative work–
a
a person who is mentally or physically disabled and by reason of that disability–
i
his earnings are reduced to 75 per cent. or less of what a person without that disability and working the same number of hours would reasonably be expected to earn in that employment or in comparable employment in the area; or
ii
his number of hours of work are 75 per cent. or less of what a person without that disability would reasonably be expected to undertake in that employment or in comparable employment in the area;
b
subject to regulation 5(4) and (5) (persons treated as engaged in remunerative work), a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies or in respect of whom section 124(1) of that Act (conditions of entitlement to income support) has effect as modified by section 127(b) of that Act (effect of return to work);
c
a person to whom paragraph 4 of Schedule 1B applies;
d
a person who is in employment and who lives in, or is temporarily absent from, a residential care home, a nursing home or residential accommodation, and either–
i
his, or his partner's, applicable amount falls to be calculated in accordance with Part I of Schedule 4 (applicable amounts of persons in residential care and nursing homes) or, as the case may be, paragraph 9, 10 to 10C, 13, 16 or 18 of Schedule 7 (applicable amounts in special cases); or
ii
he or his partner satisfies the conditions specified in paragraph 2A(2) of Part I of Schedule 2 (conditions for entitlement to a residential allowance).
;
c
in the definition of “part-time employment” in both regulation 29(4D)(a) (calculation of earnings derived from employed earner’s employment) and regulation 35(3)(c) (earnings of employed earners) , after “6(1)” there shall be inserted the words “and (4)”;
d
in Schedule 1B (prescribed categories of person)–
i
in paragraph 8, for the words “regulation 6(1)(a)” there shall be substituted the words “regulation 6(4)(a)”;
ii
in paragraph 9, for the words “regulation 6(1)(g)” there shall be substituted the words “regulation 6(4)(d)”.
Date on which income is treated as paid
3
1
In regulation 31 of the Income Support Regulations (date on which income is treated as paid)–
a
in paragraph (1), after the words “paragraph (2)” there shall be inserted the words “or (3)”;
b
at the end there shall be added the following paragraph–
3
Working families' tax credit under section 128 of the Contributions and Benefits Act and disabled person’s tax credit under section 129 of that Act shall be treated as paid on the first day of the benefit week in which the Tuesday following the day on which the award of that tax credit commenced falls.
.
2
In regulation 96 of the Jobseeker’s Allowance Regulations (date on which income is treated as paid)–
a
in paragraph (1), after the words “paragraph (2)” there shall be inserted the words “or (3)”;
b
at the end there shall be added the following paragraph–
3
Working families' tax credit under section 128 of the Benefits Act and disabled person’s tax credit under section 129 of that Act shall be treated as paid on the first day of the benefit week in which the Tuesday following the day on which the award of that tax credit commenced falls.
.
Invalid care allowance
4
1
In paragraph 4(b) of Schedule 1B to the Income Support Regulations (prescribed categories of persons: persons caring for another person), for the words “who is in receipt of” there shall be substituted the words “who is both entitled to, and in receipt of,”.
2
In Schedule 2 to the Income Support Regulations (applicable amounts)–
a
in paragraph 13 (severe disability premium)–
i
for head (iii) of paragraph (a) of sub-paragraph (2) there shall be substituted the following sub-head–
iii
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;
;
ii
in paragraph (b) of sub-paragraph (2)–
aa
at the beginning, for the words “if he” there shall be substituted the words “in the case of a claimant who”;
bb
for the words from “an invalid care allowance” to “to anyone” there shall be substituted the words “a person is entitled to, and in receipt of, an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to, and in receipt of, such an allowance”;
iii
in sub-paragraph (3A) –
aa
the words “as being in receipt of” shall be omitted;
bb
at the beginning of head (a) there shall be inserted the words “as being in receipt of”;
cc
for head (b) there shall be substituted the following head–
b
as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
;
b
in paragraph 14ZA (carer premium)–
i
in sub-paragraph (1), for the words “in receipt of invalid care allowance under section 37 of the Social Security Act” there shall be substituted the words “entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act”;
ii
in sub-paragraph (2), for the words “in receipt of” in the last place where those words occur there shall be substituted the words “entitled to an”;
iii
for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person ceased to be entitled to an invalid care allowance.
4
Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for income support, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person was last entitled to an invalid care allowance.
.
3
In Schedule 1 to the Jobseeker’s Allowance Regulations (applicable amounts)–
a
in paragraph 15 (severe disability premium)–
i
for sub-paragraph (1)(c), there shall be substituted the following–
c
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of caring for him;
;
ii
in sub-paragraph (2)(d)–
aa
in head (i), for the words from the beginning to “engaged in” there shall be substituted the words “no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Benefits Act in respect of”;
bb
in head (ii), for the words “in receipt of” there shall be substituted the words “entitled to”;
iii
in sub-paragraph (5)–
aa
the words “as being in receipt of” shall be omitted;
bb
at the beginning of head (a) there shall be inserted the words “as being in receipt of”;
cc
for head (b) there shall be substituted the following head–
b
as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
;
b
in paragraph 17 (carer premium)–
i
in sub-paragraph (1), for the words “in receipt of” there shall be substituted the words “entitled to”;
ii
in sub-paragraph (2), for the words “in receipt of” in the first place where those words occur there shall be substituted the words “entitled to”;
iii
for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
b
in any other case, that person ceased to be entitled to an invalid care allowance.
4
Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for a jobseeker’s allowance, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
b
in any other case, that person was last entitled to an invalid care allowance.
.
4
In Schedule 2 to the Housing Benefit Regulations (applicable amounts)–
a
in paragraph 13 (severe disability premium)–
i
for head (iii) of paragraph (a) of sub-paragraph (2) there shall be substituted the following sub-head–
iii
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;
;
ii
in head (b) of sub-paragraph (2), for the words from “an invalid care allowance” to “to anyone” there shall be substituted the words “a person is entitled to and in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to and in receipt of such an allowance”;
iii
in sub-paragraph (3A) –
aa
the words “as being in receipt of” shall be omitted;
bb
at the beginning of head (a) there shall be inserted the words “as being in receipt of”;
cc
for head (b) there shall be substituted the following head–
b
as being entitled to and in receipt of an invalid care allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.
;
b
in paragraph 14ZA (carer premium)–
i
in sub-paragraph (1), for the words “in receipt of invalid care allowance under section 37 of the Social Security Act” there shall be substituted the words “entitled to an invalid care allowance under section 70 of the Contributions and Benefits Act”;
ii
in sub-paragraph (2), for the words “in receipt of” in the last place where those words occur there shall be substituted the words “entitled to an”;
iii
for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person ceased to be entitled to an invalid care allowance.
4
Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person was last entitled to an invalid care allowance.
.
5
In Schedule 1 to the Council Tax Benefit Regulations (applicable amounts)–
a
in paragraph 14 (severe disability premium)–
i
for head (iii) of paragraph (a) of sub-paragraph (2) there shall be substituted the following sub-head–
iii
no person is entitled to, and in receipt of, an invalid care allowance under section 70 of the Contributions and Benefits Act in respect of caring for him;
;
ii
in head (b) of sub-paragraph (2), for the words from “an invalid care allowance” to “to anyone” there shall be substituted the words “a person is entitled to and in receipt of an invalid care allowance in respect of caring for only one of the couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage or, as the case may be, no person is entitled to and in receipt of such an allowance”;
iii
in sub-paragraph (3A) –
aa
the words “as being in receipt of” shall be omitted;
bb
at the beginning of head (a) there shall be inserted the words “as being in receipt of”;
cc
for head (b) there shall be substituted the following head–
b
as being entitled to and in receipt of an invalid care allowance if he would,
;
b
in paragraph 16 (carer premium)–
i
in sub-paragraph (1), for the words “in receipt of”, there shall be substituted the words “entitled to an”;
ii
in sub-paragraph (2), for the words “in receipt of” in the last place where those words occur there shall be substituted the words “entitled to an”;
iii
for sub-paragraphs (3) and (4) there shall be substituted the following sub-paragraphs–
3
Where a carer premium is awarded but the person in respect of whom it has been awarded ceases to be entitled to an invalid care allowance, the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person ceased to be entitled to an invalid care allowance.
4
Where a person who has been entitled to an invalid care allowance ceases to be entitled to that allowance and makes a claim for council tax benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which–
a
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been claimed ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
b
in any other case, that person was last entitled to an invalid care allowance.
.
Child care charges
5
In both regulation 21A(2ZC) of the Housing Benefit Regulations and regulation 13A(2ZC) of the Council Tax Benefit Regulations (treatment of child care charges)–
a
in sub-paragraph (c), the word “or” shall be omitted;
b
after sub-paragraph (d), there shall be added the following–
; or
e
by a child care provider approved by an organisation accredited by the Secretary of State under the scheme established by the Tax Credit (New Category of Child Care Provider) Regulations 1999 .
.
Claimants entitled to the disability premium for a past period
6
In column (1), in paragraph 19 of Schedule 7 to the Income Support Regulations (applicable amounts in special cases: claimants entitled to the disability premium for a past period), in sub-paragraph (a), for “19(2)” there shall be substituted “19(4)”.
Disregard of local authority payments
7
In paragraph 66 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings), for the words “Parts III and IV of the National Health Service and Community Care Act 1990 refer” there shall be substituted the words “Part III of the National Assistance Act 1948 refers or to which the Social Work (Scotland) Act 1968 refers”.
Eligible rent
8
After regulation 51(2) of the Housing Benefit Regulations (eligible rent) there shall be inserted the following paragraph–
2A
For the purposes of paragraph (1)(a), the Metropolitan Police District means the district consisting of the areas specified in section 76 of the London Government Act 1963 as in force before 1st April 2000.
.
Amendment of the Social Security Amendment (Education Maintenance Allowance) Regulations 2000
9
For regulation 2(4) of the Social Security Amendment (Education Maintenance Allowance) Regulations 2000 there shall be substituted the following paragraph–
4
The paragraphs specified for the purposes of paragraph (3) of this regulation are–
a
paragraph 60 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 60 of Schedule 5 to the Housing Benefit Regulations;
c
paragraph 57 of Schedule 10 to the Income Support Regulations;
d
paragraph 52 of Schedule 8 to the Jobseeker’s Allowance Regulations.
.
Amendment of the Housing Benefit (General) Amendment (No. 3) Regulations 1999
10
1
The Housing Benefit (General) Amendment (No. 3) Regulations 1999 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 5, in so far as it inserts regulation 11(5A) into the Housing Benefit Regulations, for “(5F)” there shall be substituted “(5E)”.
3
In regulation 8(3)(b)(v), in so far as it inserts head (iii) into the definition of “supported accommodation” in paragraph 7 of Schedule 1 to the Housing Benefit Regulations, for the words “(date on which entitlement is to commence”, there shall be substituted the words “(date on which entitlement is to commence)”.
4
In regulation 9, in so far as it inserts paragraph 2(d)(ii) of Schedule 1B into the Housing Benefit Regulations, for the words from “and that warden” to the end of that paragraph there shall be substituted the words “which it is the practice of the landlord to let for occupation by such persons”.
Amendment of the Social Security (Payments to Reduce Under-occupation) Regulations 2000
11
In paragraph (2)(c) of regulation 12 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000 for “1992” there shall be substituted “1987”.
Revocations
12
The following provisions shall be revoked–
a
paragraph 4(5) and (6) of Schedule 8 and paragraph 12 of Schedule 9 to the Income Support Regulations;
b
paragraph 5(5) and (6) of Schedule 6 to the Jobseeker’s Allowance Regulations;
c
paragraph 3(5) and (6) of Schedule 3 to both the Housing Benefit Regulations and the Council Tax Benefit Regulations.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
9th March 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Personal Allowances for Children) Regulations 2000 and shall, subject to paragraphs (2) and (3) below, come into force on 23rd October 2000.
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 23rd October 2000 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 23rd October 2000 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
2
1
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) in column (2) of the table in entry (a), for the sum “£26.60” there shall be substituted the sum “£30.95”.
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 Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
24th July 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Rural Enterprise Regulations 2000 and shall come into force on 5th December 2000.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“applicant” means a person who has made an application pursuant to regulation 4, the result of which is still pending;
“approved project” means a project which the Minister has approved under these Regulations for the receipt of financial assistance, and “approve” and “approval” are to be construed accordingly;
“beneficiary” means a person who has been granted approval for a project;
“Community assistance” means assistance from the European Agricultural Guidance and Guarantee Fund granted pursuant to the Community legislation;
“the Community legislation” means the instruments listed in the Schedule to these Regulations, in so far as they relate to expenditure for which support may be granted pursuant to Article 4 or 33 of Council Regulation 1257/1999/ EC ;
“Council Regulation 1257/1999/EC” means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“the ERDP ” means the England Rural Development Programme approved by the Commission in the Decision referred to in the Schedule to these Regulations, and “the relevant part of the ERDP” means that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4 or 33 of Council Regulation 1257/1999/EC ;
“financial assistance” means an amount paid or payable under these Regulations; and
“the Minister” means the Minister of Agriculture, Fisheries and Food.
2
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.
Assistance for rural enterprise
3
The Minister may pay financial assistance to a beneficiary towards expenditure incurred or to be incurred by him in connection with an approved project.
Applications in respect of projects
4
An application for the approval of a project shall be made in such form and contain such information as the Minister reasonably may require.
Approval of projects
5
1
The Minister may —
a
refuse to approve a project for the receipt of financial assistance, or
b
approve it in whole or in part, unconditionally or subject to such conditions as he may determine,
but he shall not approve it unless he is satisfied that the project —
i
is eligible for Community assistance;
ii
is in accordance with the relevant part of the ERDP; and
iii
is not a project which is eligible for financial assistance under the Energy Crops Regulations 2000 .
2
The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.
3
Where the Minister decides to refuse approval for a project under paragraph (1) or to vary an approval under paragraph (2), he shall —
a
give the applicant or beneficiary, as the case may be, notice in writing of his decision with a statement of his reasons;
b
give that applicant or beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
4
An approval or variation under this regulation shall be in writing.
Claims
6
A claim for financial assistance shall be made at such time or within such period and in such form, and be accompanied by such information, as the Minister reasonably may require.
Payment
7
1
The Minister may pay financial assistance by payment of a single lump sum or by instalments.
2
Payments may be made —
a
at such time or times as the Minister reasonably may determine; and
b
subject to such conditions as the Minister reasonably may determine.
Information
8
1
A beneficiary shall supply the Minister such information about an approved project as the Minister reasonably may require.
2
Where the Minister requires such information, the beneficiary shall supply him with it within such period as the Minister reasonably may determine.
Record keeping
9
1
A beneficiary shall keep any invoice, account or other document relating to an approved project for the period of six years beginning with the day on which the last payment of financial assistance under these Regulations is made to him in connection with that project, subject to paragraphs (2) and (3).
2
If a beneficiary transfers the original of any such document to another person in the normal course of business, he shall instead keep a copy of that document for that period.
3
Paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th November 2000


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 4) Order 2000 and shall come into force on 13th December 2000.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
1
The School Teachers' Pay and Conditions Document 2000 (“ the Document ”) shall be amended as provided for in articles 4 to 17.
2
The amendment made by article 7 to the extent that it inserts paragraph 19.3 into the Document has effect from 1st September 2000.
3
The amendments made by the remaining provisions of article 7 and by articles 4 to 6 and 8 to 17 have effect from 13th December 2000.
4
In paragraph 1.2 in the appropriate positions there shall be inserted the following definitions —
“apply for threshold assessment” has the meaning given to that expression in paragraph 19B.11 (a);
“assessor” in relation to threshold assessments means an assessor appointed under arrangements made by the Secretary of State on such terms and conditions as the Secretary of State thinks fit for the purposes set out in paragraphs 19A to 19D;
“performance threshold standards” means the professional standards set out in Annex 1;
“post-threshold teacher” has the meaning given to that expression in paragraph 19;
“relevant period” in relation to an application for threshold assessment means the relevant period referred to in paragraph 19B.2.2;
“teacher who has passed the threshold” has the meaning given to that expression in paragraph 19B.11(b);
“threshold assessment” means an assessment carried out under paragraph 19B or 19C of whether a teacher has passed the threshold;
.
5
1
After paragraph 3.1(b) there shall be inserted the following sub-paragraph —
c
where a teacher passes the threshold and he is entitled to be paid as a post-threshold teacher pursuant to paragraph 19 —
i
in the case of a teacher whose remuneration is paid by an authority in England and who applies for threshold assessment on or before 5th June 2000, with effect from 1st September 2000,
ii
in the case of a teacher whose remuneration is paid by an authority in Wales and who applies for threshold assessment on or before 16th March 2001, with effect from 1st September 2000,
iii
in the case of a teacher whose remuneration is paid by an authority in England and who applies for threshold assessment on or after 6th June 2000 and before 29th October 2001, with effect from 1st September 2001, and
iv
in the case of a teacher whose remuneration is paid by an authority in Wales and who applies for threshold assessment on or after 17th March 2001 and before 29th October 2001, with effect from 1st September 2001; or
.
2
In paragraph 3.3 (b) after “points awarded” there shall be inserted “under paragraph 19 or”.
3
After paragraph 3.4 there shall be inserted the following paragraphs —
3.5
For the purposes of paragraph 3.1 (c) (i) and (iii) a classroom teacher’s application for threshold assessment shall be treated as if it were made on or before 5th June 2000 —
a
in the case of an application made on or before 14th July 2000, where it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so in the light of —
i
confusion on the part of the teacher about the deadline for making the application, or
ii
personal circumstances which made it difficult for the teacher to submit the application on or before 5th June 2000; and
b
in the case of an application made on or before 16th March 2001, where —
i
the head teacher, or in the case of an unattached teacher the relevant body, is satisfied that the teacher moved from a post in Wales to a post in England in the period starting on 5th June 2000 and ending on 16th March 2001, or
ii
it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so where due to the teacher’s absence from work for the whole or a substantial part of the period starting on 1st April 2000 and ending on 14th July 2000 the teacher was unable to gain access to evidence to support his application.
3.6
For the purposes of paragraph 3.1(c) (ii) and (iv) a classroom teacher’s application for threshold assessment shall be treated as if it were made on or before 16th March 2001 where —
a
the application was made on or before 23rd March 2001; and
b
it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so in the light of personal circumstances which made it difficult for the teacher to submit the application on or before 16th March 2001.
.
6
In paragraph 17 before paragraph 17.2 there shall be inserted the following paragraph —
17.1
This paragraph and paragraph 18 apply to a classroom teacher who is not a post-threshold teacher, and references to “classroom teacher” in this paragraph and paragraph 18 shall be construed accordingly.
.
7
After paragraph 18 there shall be inserted the following paragraphs —
Pay scale for post-threshold teachers
19.1
A teacher to whom paragraph 19.2 applies (“a post-threshold teacher”) shall be paid such salary based on the pay scale set out in paragraph 19.3 as the relevant body shall determine in accordance with paragraphs 19.4 to 19.8.
19.2
This paragraph applies to —
a
a classroom teacher who has passed the performance threshold, and
i
in the case of a classroom teacher whose remuneration is paid by an authority in England, who applied for threshold assessment on or before 5th June 2000, and who on 1st September 1999 was entitled to a total of nine points under paragraphs 18.1.1 (good honours degree) and 18.2.1 (experience) of the 1999 Document,
ii
in the case of a classroom teacher whose remuneration is paid by an authority in Wales, who applied for threshold assessment on or before 16th March 2001, and who on 1st September 1999 was entitled to a total of nine points under paragraphs 18.1.1 and 18.2.1 of the 1999 Document,
iii
in the case of a classroom teacher whose remuneration is paid by an authority in England, who applied for threshold assessment on or after 6th June 2000 and before 29th October 2001, and who on 1st September 2000 was entitled to a total of eight points under paragraphs 18.1 (good honours degree) and 18.2 (experience),
iv
in the case of a classroom teacher whose remuneration is paid by an authority in Wales, who applied for threshold assessment on or after 17th March 2001 and before 29th October 2001, and who on 1st September 2000 was entitled to a total of eight points under paragraphs 18.1 and 18.2; or
b
a classroom teacher who —
i
was last employed as a head teacher, deputy head teacher or assistant head teacher, and
ii
in the case of a teacher who was first appointed to a post of head teacher, deputy head teacher or assistant head teacher on or after 1st September 2000, occupied a post or posts of head teacher, deputy head teacher or assistant head teacher for an aggregate period of three years or more; or
c
a classroom teacher who has occupied a post of advanced skills teacher; or
d
a classroom teacher who —
i
on 1st September 1999 was entitled to a total of nine points under paragraphs 18.1.1 (good honours degree) and 18.2.1 (experience) of the 1999 Document, or on 1st September 2000 was entitled to a total of eight points under paragraphs 18.1 (good honours degree) and 18.2 (experience), and
ii
has been certified by an assessor appointed by the Secretary of State as eligible for appointment to an advanced skills teacher post but who has not been so appointed; or
e
a classroom teacher —
i
who was last employed in a teaching or educational advisory post other than as a teacher (as defined in paragraph 1.2),
ii
whom the relevant body determine is entitled to be paid on point 9 of the pay scale set out in paragraph 17.3, and
iii
who while he was employed in a teaching or educational advisory post other than as a teacher (as defined in paragraph 1.2) was assessed as meeting each of the performance threshold standards throughout a period which fulfils the requirements of sub-paragraph (a) or (b) of paragraph 19B.2.2 (as applicable), which assessment has been approved by an assessor.
19.3
The pay scale for post-threshold teachers is:
Scale point Annual Salary £
1 25,959 2 26,919 3 27,915 4 28,947 5 30,018
19.4
Where a teacher first becomes entitled to be paid as a post-threshold teacher, the relevant body shall determine that he shall be paid on scale point 1 on the pay scale set out in paragraph 19.3.
19.5
In making a determination of the salary of a post-threshold teacher pursuant to paragraph 3.1(a) the relevant body shall not determine that there has been any movement up the pay scale set out in paragraph 19.3 unless —
a
there has first been a review of the performance of the post-threshold teacher; and
b
the achievements of the post-threshold teacher and his contribution to the school have been substantial and sustained.
19.6
Save in exceptional circumstances, the relevant body shall not determine a movement up the pay scale set out in paragraph 19.3 until the second annual salary determination after the date on which the post-threshold teacher’s salary was last increased by the award of an additional point on that pay scale.
19.7
A post-threshold teacher’s salary shall not be increased by more than one scale point in the course of a single annual salary determination.
19.8
Paragraphs 19.5 to 19.7 shall not apply to the annual determination with effect from 1st September 2001 of the salary of a teacher who was first paid as a post-threshold teacher with effect from 1st September 2000.
19.9
For the purposes of paragraph 19.2(a)(i) and (iii) a classroom teacher’s application for threshold assessment shall be treated as if it were made on or before 5th June 2000 —
a
in the case of an application made on or before 14th July 2000, where it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so in the light of —
i
confusion on the part of the teacher about the deadline for making the application, or
ii
personal circumstances which made it difficult for the teacher to submit the application on or before 5th June 2000; and
b
in the case of an application made on or before 16th March 2001, where —
i
the head teacher, or in the case of an unattached teacher the relevant body, is satisfied that the teacher moved from a post in Wales to a post in England in the period starting on 5th June 2000 and ending on 16th March 2001, or
ii
it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so where due to the teacher’s absence from work for the whole or a substantial part of the period starting on 1st April 2000 and ending on 14th July 2000 the teacher was unable to gain access to evidence to support his application.
19.10
For the purposes of paragraph 19.2(a)(ii)and(iv) a classroom teacher’s application for threshold assessment shall be treated as if it were made on or before 16th March 2001 where —
a
the application was made on or before 23rd March 2001; and
b
it seems to the head teacher, or in the case of an unattached teacher the relevant body, reasonable to do so in the light of personal circumstances which made it difficult for the teacher to submit the application on or before 16th March 2001.
Assessors in relation to threshold assessments
19A.1
The Secretary of State shall make arrangements for the allocation of an assessor to every school at which a classroom teacher applies for threshold assessment, and in relation to unattached teachers of one or more assessors to every authority.
19A.2
Where a classroom teacher seeks a review of a threshold assessment under paragraph 19D, the Secretary of State shall make arrangements for the appointment of a review coordinator and for the allocation of an assessor who has not been involved in the assessment of which a review is sought to act as the review officer.
19A.3
Secretary of State may make arrangements for the appointment of a new assessor in place of an existing assessor at any time.
19A.4
The Secretary of State shall make arrangements for the quality of threshold assessments made by assessors to be monitored, and for the determination of complaints by head teachers against assessors.
19A.5
An assessor appointed for the purposes of paragraphs 19A to 19D shall exercise his functions without sex discrimination, racial discrimination or discrimination on the grounds of a person’s disability.
Threshold assessment
19B.1
This paragraph applies where a classroom teacher who is not an unattached teacher applies for threshold assessment.
19B.2.1
The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 19B.2.2, and he shall give it to the head teacher of the school at which he is employed to teach.
19B.2.2
An application shall be made in writing and shall contain a summary of the evidence the teacher wishes to rely on in order to demonstrate that his performance has met each of the performance threshold standards throughout the relevant period, which period must meet the requirements of sub-paragraph (a) or (b) (as applicable) —
a
where the teacher has worked as a teacher for the two years immediately preceding the date of his application for threshold assessment, the relevant period shall be a period of not less than two years and not more than three years ending with the date of the application;
b
where sub-paragraph (a) does not apply to a teacher, but he has worked as a teacher for an aggregate period of at least two years in the five years preceding the date of his application for threshold assessment, the relevant period shall be a period (or aggregate period) of not less than two years and not more than three years ending with the date on which he last worked as a teacher.
19B.2.3
Where a teacher is absent from work in exercise of her right to maternity leave conferred by section 71 of the Employment Rights Act 1996 or conferred by her contract of employment or because of her pregnancy, and has the right to return to work by virtue of the said section 71 or by virtue of her contract of employment, the period of absence shall count towards the relevant period.
19B.3.1
Having considered the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, the head teacher shall determine whether a teacher making an application under paragraph 19B.2 —
a
has met each of the performance threshold standards throughout the relevant period, and so has passed the threshold; or
b
has not met each of the performance threshold standards throughout the relevant period, and so has not passed the threshold.
19B.3.2
The head teacher shall record in writing on the application —
a
what evidence in addition to that relied upon by the teacher he took into account;
b
his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period; and
c
his assessment of whether the teacher has passed the threshold.
19B.3.3
The head teacher may amend his assessment under paragraph 19B.3.2 (b) or (c) or his record under paragraph 19B.3.2 (a) at any time before the assessor issues a certificate under paragraph 19B.5.
19B.3.4
When the head teacher is satisfied that all the applications made by teachers at his school which meet a deadline specified in paragraph 19(2) (a) (“a batch”) have been received by him and assessments have been recorded by him in relation thereto under paragraph 19B.3.2, he shall give the batch of applications to the assessor allocated to the school.
19B.3.5
If the head teacher considers he has any connection with a teacher of whom he has made an assessment of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to that teacher, he shall promptly inform the assessor of the existence and nature of the connection.
19B.3.6
The head teacher shall give a late application he has decided to allow in the circumstances specified in paragraph 19.9 or 19.10 to the assessor allocated to the school immediately after he has recorded his assessment of it under paragraph 19B.3.2.
19B.4.1
Where the assessor receives a batch of applications from the head teacher under paragraph 19B.3.4 —
a
he shall discuss with the head teacher the batch of applications and the threshold assessment arrangements at the school, and he may discuss with the head teacher any of the applications in the batch; and
b
he shall make a first assessment of the batch of applications, which he may do by giving detailed consideration to a sample of the applications, and he shall consider any application in relation to which the head teacher has notified him of a connection under paragraph 19B.3.5.
19B.4.2
When the assessor’s first assessment of the batch of applications is complete he shall decide whether to approve the head teacher’s assessments of applications in the batch, and if he approves those assessments he shall complete his assessment and issue a certificate under paragraph 19B.5.
19B.4.3
Where the assessor decides not to approve the head teacher’s assessments of applications in the batch following his first assessment, he shall take one or more of the following steps —
a
discuss or further discuss with the head teacher the batch of applications, or any of the applications in the batch, or the threshold assessment arrangements at the school;
b
require the head teacher to reconsider the batch of applications, or any of the applications in the batch;
c
carry out his own assessment of any of the applications in the batch, and substitute his own assessment for the head teacher’s assessment in any case where he has made such an assessment;
d
where the head teacher has reconsidered a batch of applications or any of the applications in the batch, carry out a further assessment of the batch.
19B.4.4
When the assessor has completed all the steps he decides to take under paragraph 19B.4.3 he shall decide whether to —
a
complete his assessment and issue a certificate under paragraph 19B.5; or
b
take the steps set out in paragraph 19B.4.5,
and where he decides to complete his assessment under this paragraph he may approve all the head teacher’s assessments of applications in the batch, or substitute his own assessments for some or all of the head teacher’s assessments.
19B.4.5
The steps to be taken by the assessor are to —
a
report to the chairman of the governing body of the school his concerns about the threshold assessment arrangements at the school, or the assessments of applications in the batch and the reasons why he is unable to complete his assessment; and
b
request the governing body to take action in relation to the threshold assessment arrangements at the school, or the assessments of applications in the batch.
19B.4.6
A governing body which receive a request under paragraph 19B.4.5 (b) shall address the assessor’s concerns by taking one or more of the following steps —
a
securing that the head teacher makes such alterations to the threshold assessment arrangements at the school as they specify;
b
securing that the head teacher repeats his assessments of all the applications in the batch in accordance with any specific directions they give him;
c
where steps are being taken against the head teacher for lack of capability on his part, securing that a deputy head teacher makes assessments of all the applications in the batch in accordance with any specific directions they give him;
d
where steps are being taken against the head teacher for lack of capability on his part and there is no deputy head teacher available to make assessments under sub-paragraph (c), inviting the assessor to make assessments of all the applications in the batch.
19B.4.7
An assessor shall make the assessments which he is invited to make under paragraph 19B.4.6 (d).
19B.4.8
When the alterations and assessments referred to in paragraph 19B.4.6 are completed to the satisfaction of the governing body, the assessor shall repeat such of the steps set out in paragraph 19B.4 as are appropriate, and when he decides to complete his assessment he shall issue a certificate under paragraph 19B.5.
19B.4.9
Where an assessor receives a late application under paragraph 19B.3.6, he may —
a
add the application to a batch of applications in relation to the same school; or
b
assess the application individually,
and where an assessor assesses an application individually, paragraph 19B shall apply to the individual application as if it were a batch of applications.
19B.4.10
When making an assessment or taking further steps under paragraph 19B.4 the assessor may do any of the following —
a
consider such further evidence as is appropriate;
b
consult or seek further information from a teacher whose application was in the batch, his head teacher and any teacher with management responsibility for him who has provided evidence or information in relation to his threshold assessment;
c
observe a teacher whose application was in the batch teaching.
19B.5
When an assessor completes his assessment of a batch of applications under paragraph 19B.4, he shall certify which of the teachers whose applications were in that batch have passed the threshold, and which have not.
19B.6.1
Following the issue of a certificate under paragraph 19B.5 the assessor shall promptly send —
a
to the chairman of the governing body of the school —
i
notification of the number of teachers whose applications were in that batch who have passed the threshold, and
ii
except where the certificate relates to an application assessed individually under paragraph 19B.4.9 (b), a report giving his assessment of the effectiveness of the assessment process at the school; and
b
to the head teacher —
i
the certificate,
ii
except where the certificate relates to an application assessed individually under paragraph 19B.4.9 (b), a report giving his assessment of the effectiveness of the assessment process at the school,
iii
the applications in the batch, and
iv
where the assessor substituted his own assessment of a teacher for that of the head teacher, a written statement of the reasons for his decision.
19B.6.2
When the head teacher has received the certificate issued under paragraph 19B.5, he shall promptly inform all of the teachers to whom the certificate relates whether or not they have passed the threshold.
19B.6.3
The head teacher shall within a reasonable time after receiving a certificate issued under paragraph 19B.5 —
a
explain to each teacher to whom the certificate relates the outcome of his application for threshold assessment and the reasons, including any reasons given by the assessor, why each of the performance threshold standards was, or was not, met (as the case may be);
b
give him advice about the aspects of his performance which would benefit from further development;
c
give him a copy of his application; and
d
where applicable, give him a copy of the statement of reasons provided by the assessor under paragraph 19B.6.1 (b) (iv) together with any written comments the head teacher wishes to add.
19B.6.4
The head teacher shall provide a teacher who has not passed the threshold with written feedback meeting the requirements of paragraph 19B.6.3 (a) and where applicable the statement and comments referred to in paragraph 19B.6.3 (d) within four weeks of receiving a certificate pursuant to paragraph 19B.5.
19B.7.1
Where a teacher wishing to make an application for threshold assessment is simultaneously employed to teach at two or more schools, a designated head teacher shall be appointed to fulfil the head teacher’s functions under paragraphs 19B and 19D, who shall be —
a
the head teacher of the school at which the teacher is employed for the greatest number of hours;
b
where the teacher is employed for the same number of hours at all the schools at which he is employed, the head teacher of the school at which he has been employed for the longest period of time; or
c
where the head teachers of all the schools concerned agree, any one of those head teachers.
19B.7.2
Before he completes or revises an assessment under paragraph 19B.3, the designated head teacher shall consult the head teachers of the other schools at which the teacher is employed.
19B.7.3
An application to which paragraph 19B.7 relates shall be added to a batch of applications in relation to the designated head teacher’s school.
19B.7.4
References in paragraphs 19B and 19D to the head teacher of the school shall be read in relation to a teacher simultaneously employed to teach at two or more schools as references to the designated head teacher.
19B.8
Where an application for threshold assessment is made by a teacher at a school which does not have a governing body —
a
the authority shall fulfil the functions under paragraph 19B of the governing body, and references in that paragraph to the governing body shall be read as references to the authority; and
b
the Chief Education Officer shall fulfil the functions under paragraph 19B of the chairman of the governing body, and references in that paragraph to the chairman of the governing body shall be read as references to the Chief Education Officer.
19B.9.1
Where under arrangements made by the Secretary of State an assessor allocated to a school is replaced by another assessor as a result of a complaint being upheld against the original assessor —
a
the assessor allocated as a replacement shall start the assessment under paragraph 19B.4 afresh; and
b
any certificate issued by the original assessor under paragraph 19B.5 shall be void.
19B.9.2
Except as provided for in paragraph 19B.9.1, where an assessor is replaced by another assessor at any time, the replacement assessor may continue the assessment without repeating any steps taken by the original assessor.
19B.10
The head teacher shall keep a copy of each teacher’s application for threshold assessment and all other documents pertaining to his assessment, and he shall make copies of the application and assessment documents available only to —
a
the teacher;
b
a member of the leadership group at the school;
c
a teacher with management responsibility for the teacher;
d
an assessor; or
e
a person responsible under arrangements made by the Secretary of State for monitoring the quality of threshold assessments at the school.
19B.11
For the purposes of the Document —
a
a teacher applies for threshold assessment when an application which meets the requirements of paragraph 19B.2.2 is received by the head teacher or other person to whom the application is required to be given under paragraph 19C (as the case may be); and
b
“a teacher who has passed the threshold” means a teacher whom an assessor has certified has passed the threshold under paragraph 19B.5, 19C.5.5 or 19D.7.
19B.12
Failure by any person to discharge any duty within a time limit specified in paragraphs 19B to 19D shall not relieve him of that duty.
Threshold assessment: unattached teachers
19C.1
This paragraph applies where an unattached teacher who is a classroom teacher indicates to the authority that he wishes to apply for threshold assessment.
19C.2
Except where it is not practicable to do so, the Chief Education Officer of the authority shall nominate a person with management responsibility for the unattached teacher to act as his designated line manager for the purpose of this paragraph.
19C.3
Paragraphs 19B and 19D shall apply in relation to the threshold assessment of an unattached teacher for whom a designated line manager has been nominated with the following modifications —
a
the designated line manager shall fulfil the functions under those paragraphs of the head teacher of the school, and references in those paragraphs to the head teacher of the school shall be read as references to the designated line manager;
b
the assessor allocated to the authority shall fulfil the functions under those paragraphs of the assessor allocated to the school, and references in those paragraphs to the assessor allocated to the school shall be read as references to the assessor allocated to the authority;
c
the Chief Education Officer of the authority shall fulfil the functions under those paragraphs of the governing body of the school and the chairman of the governing body of the school, and references in those paragraphs to the governing body of the school and the chairman of the governing body of the school shall be read as references to the Chief Education Officer of the authority;
d
the designated line manager shall where practicable send to the assessor batches of applications received from teachers for whom he is the designated line manager, and for the purposes of his assessment under paragraph 19B.4 the assessor may combine such batches of applications with other applications or batches of applications;
e
where the assessor receives one or more individual applications, the authority may make arrangements with him for such applications to be combined in batches or added to other batches for the purposes of his assessment under paragraph 19B.4; and
f
where the assessor decides to assess an application made by an unattached teacher individually, paragraph 19B shall apply to the individual application as if it were a batch of applications.
19C.4
Where it is not practicable for the authority to nominate a designated line manager for an unattached teacher, an assessor allocated to the authority shall assess whether the teacher has passed the threshold in accordance with paragraph 19C.5, and paragraph 19D shall apply with the modifications in paragraph 19C.6.
19C.5.1
The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 19B.2.2, and he shall give it to the assessor.
19C.5.2
The assessor shall consider the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, and he may —
a
consult or seek further information from the teacher who made the application, and any teacher with management responsibility for him who has provided information in relation to his threshold assessment;
b
observe the teacher teaching.
19C.5.3
The assessor shall determine whether the teacher —
a
has met each of the performance threshold standards throughout the relevant period, and so has passed the threshold; or
b
has not met each of the performance threshold standards throughout the relevant period, and so has not passed the threshold.
19C.5.4
The assessor shall record in writing on the application —
a
what evidence in addition to that relied upon by the teacher he took into account;
b
his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period; and
c
his assessment of whether the teacher has passed the threshold.
19C.5.5
The assessor shall certify whether or not the teacher has passed the threshold.
19C.5.6
Following the issue of a certificate under paragraph 19C.5.5 the assessor shall promptly —
a
send the certificate to the Chief Education Officer of the authority; and
b
inform the teacher whether or not he has passed the threshold.
19C.5.7
The assessor shall within a reasonable time after issuing a certificate under paragraph 19C.5.5 —
a
explain to the teacher the reasons for the outcome of his application for threshold assessment;
b
give him advice about the aspects of his performance which would benefit from further development; and
c
give him a copy of his application.
19C.5.8
The assessor shall provide a teacher who has not passed the threshold with written feedback meeting the requirements of paragraph 19C.5.7(a) within four weeks of issuing a certificate under paragraph 19C.5.5.
19C.5.9
The assessor shall keep a copy of each teacher’s application for threshold assessment and all other documents pertaining to his threshold assessment, and he shall make copies of the application and assessment documents available only to —
a
the teacher;
b
a teacher with management responsibility for the teacher;
c
a person responsible under arrangements made by the Secretary of State for monitoring the quality of threshold assessments; or
d
another assessor.
19C.6
Paragraph 19D applies with the modifications that the Chief Education Officer of the authority shall fulfil the functions under paragraph 19D.3.4, 19D.5.1(b) (ii) and 19D.6 of the head teacher who made the assessment, and references in those paragraphs to the head teacher who made the assessment shall be read as references to the Chief Education Officer of the authority.
Review of threshold assessment
19D.1
A classroom teacher who has not passed the threshold shall no later than the end of the period of 40 working days starting on the day on which he receives written feedback under paragraph 19B.6.4 or 19C.5.8 be entitled to seek a review of his threshold assessment upon the grounds set out in paragraph 19D.2 (but no other grounds).
19D.2
The grounds for review are that the teacher would have passed the threshold if the head teacher or assessor who made the assessment —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not discriminated against the classroom teacher in question.
19D.3.1
An application for review shall be made in writing, and shall contain, or refer to, evidence relating to the grounds upon which review is sought.
19D.3.2
A classroom teacher may not bring evidence under paragraph 19D.3.1 to demonstrate that his performance has met a performance threshold standard throughout the relevant period which —
a
was not available during the relevant period; or
b
relates to his performance outside the relevant period.
19D.3.3
An application for review shall be given to the review coordinator, who shall give it to the allocated review officer.
19D.3.4
A classroom teacher making an application for review shall promptly give a copy of the application to the head teacher who made the assessment, and the head teacher may submit to the review officer his written comments on the application.
19D.4.1
Where the review officer is satisfied that the classroom teacher who made the application would have passed the threshold if the head teacher or assessor who made the assessment —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not discriminated against the classroom teacher in question,
he shall determine that the teacher has passed the threshold.
19D.4.2
Where the review officer is not satisfied that the classroom teacher who made the application would have passed the threshold if the head teacher or assessor who made the assessment —
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not discriminated against the classroom teacher in question,
he shall order the threshold assessment to stand.
19D.5.1
Before determining a review under paragraph 19D.4 the review officer —
a
shall consider the application for threshold assessment and the application for review; and
b
may —
i
request the head teacher or assessor who made the assessment of which review is sought to provide copies of any of their records in relation to the assessment, and consider such documents as they supply pursuant to his request,
ii
seek comments from the classroom teacher who made the application for review, the head teacher or assessor who made the assessment of which review is sought and any other teacher with management responsibility for him who provided evidence or information in relation to the assessment of which review is sought, and
iii
do anything an assessor could do under paragraph 19B.4.10.
19D.5.2
The head teacher or assessor who made the assessment of which review is sought shall provide to the review officer copies of such of their records in relation to the assessment of the application as he requests.
19D.6
The review officer shall notify the classroom teacher who made the application for review and the head teacher and assessor who made the assessment of which review is sought of his decision under paragraph 19D.4 no later than the end of the period of 70 working days starting on the day on which the review officer received the review application.
19D.7
Where the review officer determines that the classroom teacher has passed the threshold, he shall issue a certificate to that effect which shall replace the certificate previously issued under paragraph 19B.5 or 19C.5.5.
19D.8
In paragraph 19D —
a
“the head teacher or assessor who made the assessment” includes any deputy head teacher or designated line manager who carried out a threshold assessment of a classroom teacher under paragraph 19B or 19C; and
b
“working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday.
.
8
In paragraph 26 at the end of sub-paragraph (a) there shall be inserted “, or in the case of a teacher who is entitled to be paid as a post-threshold teacher with effect from that date, the value of the maximum of the pay scale set out in paragraph 17.3”.
9
In paragraph 27.1 at the end of sub-paragraph (a) there shall be inserted “, or in the case of a teacher who is entitled to be paid as a post-threshold teacher with effect from that date, the value of the maximum of the pay scale set out in paragraph 17.3”.
10
At the end of paragraph 29.3.2 there shall be inserted “, unless his salary entitlement increases by reason of his becoming entitled to be paid as a post-threshold teacher”.
11
In paragraph 30 —
a
at the beginning of paragraph 30.2 there shall be inserted “Subject to paragraphs 30.3 and 30.5,”;
b
after paragraph 30.2 there shall be inserted the following paragraph —
30.3
A classroom teacher who:
a
was last employed as a head teacher, deputy head teacher or assistant head teacher; and
b
in the case of a teacher who was first appointed to a post of head teacher, deputy head teacher or assistant head teacher on or after 1st September 2000, occupied a post or posts of head teacher, deputy head teacher or assistant head teacher for an aggregate period of three years or more,
shall not be paid at less than point 1 on the pay scale for post-threshold teachers set out in paragraph 19.3.
;
c
for paragraph 30.4 there shall be substituted the following paragraph —
30.4
A classroom teacher who:
a
was last employed as a head teacher, deputy head teacher or assistant head teacher; and
b
was first appointed to a post of head teacher, deputy head teacher or assistant head teacher on or after 1st September 2000; and
c
occupied a post or posts of head teacher, deputy head teacher or assistant head teacher for an aggregate period of less than three years,
shall not be paid at less than point 9 on the pay scale set out in paragraph 17.3.
;
d
after paragraph 30.4 there shall be inserted the following paragraph —
30.5
A post-threshold teacher taking up an appointment which is his second or subsequent one as a teacher (whether or not after a break in service and whether on a full-time, part-time, regular, day to day or short term basis) on or after 1st September 2000, (but not in circumstances where paragraph 40 applies) shall be paid the greater of the salary at the time of appointment determined under paragraph 19 and point 1 on the pay scale for post-threshold teachers set out in paragraph 19.3.
; and
e
in paragraph 30.6 —
i
in sub-paragraph (a) for “paragraph 30.2” there shall be substituted “paragraphs 30.2 to 30.4”, and
ii
in sub-paragraph (b) for “paragraph 30.4” there shall be substituted “paragraphs 30.3 and 30.4”.
12
In paragraph 37.5(d) after “18.1 or 18.2” there shall be inserted “or an increase in salary caused by the teacher having become entitled to be paid as a post-threshold teacher”.
13
After paragraph 39.3 there shall be inserted the following paragraph —
39.4
Nothing in paragraph 39 shall be taken to authorise an unattached teacher to whom paragraph 19.2 does not apply to be paid a salary based on the pay scale set out in paragraph 19.3.
.
14
1
In paragraph 40.4 —
a
in sub-paragraph (a) after “classroom teacher” there shall be inserted “who is not entitled to be paid as a post-threshold teacher with effect from immediately before the circumstance mentioned in paragraph 40.1.1 or 40.1.2 arises,”; and
b
after sub-paragraph (a) there shall be inserted the following sub-paragraph —
b
in the case of a classroom teacher who is entitled to be paid as a post-threshold teacher with effect from immediately before the circumstance mentioned in paragraph 40.1.1 or 40.1.2 arises, the sum of:
i
any salary to which he is entitled under paragraph 19,
ii
any allowance to which he is entitled under paragraphs 20 to 22, and
iii
any assimilation safeguarding payment to which he is entitled under paragraph 28.
.
2
In paragraph 40.12(d) (i) after “17,” there shall be inserted “19,”.
15
After paragraph 51.8.5 there shall be inserted the following paragraph 51.8A —
51.8A Threshold assessment
51.8A.1 assessing (subject to approval by an assessor) whether a teacher at the school who applies for a threshold assessment has passed the threshold; 51.8A.2 explaining to a teacher who makes an application for a threshold assessment the reasons for the outcome of his application and giving him advice about the aspects of his performance which would benefit from further development; 51.8A.3 where requested by him to do so providing assistance to an assessor in relation to threshold assessments at the school; 51.8A.4 the professional duties of a head teacher under paragraph 51.8A shall not be delegated to a deputy or assistant head teacher, although pursuant to paragraph 53.3 they may be exercised by a deputy head teacher in the head teacher’s absence from the school;
.
16
After paragraph 58.11.1 there shall be inserted the following paragraph —
58.11.1A
assisting the head teacher or an assessor in carrying out threshold assessments of other teachers for whom he has management responsibility;
.
17
After paragraph 59 there shall be inserted the following annex —
Annex 1
Performance threshold standards
Knowledge and Understanding
1
Teachers should demonstrate that they have a thorough and up-to-date knowledge of the teaching of their subject and take account of wider curriculum developments which are relevant to their work.
Teaching and Assessment
2
Teachers should demonstrate that they consistently and effectively plan lessons and sequences of lessons to meet pupils' individual learning needs.
3
Teachers should demonstrate that they consistently and effectively use a range of appropriate strategies for teaching and classroom management.
4
Teachers should demonstrate that they consistently and effectively use information about prior attainment to set well-grounded expectations for pupils and monitor progress to give clear and constructive feedback.
Pupil progress
5
Teachers should demonstrate that, as a result of their teaching, their pupils achieve well relative to the pupils' prior attainment, making progress as good or better than similar pupils nationally. This should be shown in marks or grades in any relevant national tests or examinations, or school based assessment for pupils where national tests and examinations are not taken.
Wider Professional Effectiveness
6
Teachers should demonstrate that they take responsibility for their professional development and use the outcomes to improve their teaching and pupils' learning.
7
Teachers should demonstrate that they make an active contribution to the policies and aspirations of the school.
Professional Characteristics
8
Teachers should demonstrate that they are effective professionals who challenge and support all pupils to do their best through:
a
inspiring trust and confidence,
b
building team commitment,
c
engaging and motivating pupils,
d
analytical thinking,
e
postitive action to improve the quality of pupils' learning.”
Estelle Morris
Minister of State,
Department for Education and Employment
21st November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 and shall come into force on 10th May 2000.
2
Article 6 of this Order shall take effect in respect of the year commencing on 1st April 1998 and any relevant year thereafter.
3
Articles 2, 3, 4, 7, 8, 10, 11, 12, 13 and 14 of this Order shall take effect in respect of the year commencing on 1st April 1999 and any relevant year thereafter.
4
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Definition of “fraud prosecution points”
2
Article 2 of the principal Order shall be amended by adding after the definition of “claim form” the following definition —
“fraud prosecution points” means those points described in accordance with paragraph 2(2) of Schedule 5 to this Order;
.
Reference to fraud prosecution points
3
In paragraph (4) of article 4 of the principal Order for the words “ and benefit-related savings” as they appear in each of sub-paragraphs (a) and (b) there shall be substituted the words “, benefit-related savings and fraud prosecution points”.
New percentage for council tax benefit
4
1
In paragraph (1) of article 11 of the principal Order there shall be substituted by the words “Contributions and Benefits Act 1992,” as they appear in the definition of “scheme”, the following words —
Contributions and Benefits Act 1992;
“X per cent.” means, in relation to a local authority, the percentage specified in column (7) of Schedule 1 that applies to that authority,
.
2
For paragraph (1) of article 13 of the principal Order there shall be substituted the following paragraph —
1
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 140A of the Act, the subsidy to be paid to an authority shall, subject in the case of Scottish Homes to paragraph (2), be —
a
in the case of any authority to which none of articles 14, 16 and 17 applies, an amount equal to the aggregate of —
i
95 per cent. of its qualifying expenditure attributable to expenditure in respect of housing benefit; and
ii
X per cent. of its qualifying expenditure attributable to expenditure in respect of council tax benefit;
b
in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of —
i
95 per cent. of so much of its qualifying expenditure attributable to expenditure in respect of housing benefit as remains after deducting from that expenditure the amount of expenditure attributable to housing benefit to which each of those articles which is relevant applies;
ii
X per cent. of so much of its qualifying expenditure attributable to expenditure in respect of council tax benefit as remains after deducting from that expenditure the amount of expenditure attributable to council tax benefit to which article 14 applies; and
iii
the appropriate amount calculated in respect of the relevant benefit under each such article,
plus, in each case, the additions, where applicable, under articles 18 and 21(2), but subject, in each case, to the deductions, where applicable, under articles 20 and 21(3).
.
3
For sub-paragraph (b) of paragraph (1) of article 18 of the principal Order there shall be substituted the following paragraph —
b
subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of community charge benefit or relevant benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to —
i
in the case of a departmental error overpayment where the overpayment is overpayment of housing benefit, 95 per cent. of so much of the overpayment as has not been recovered by the authority;
ii
in the case of a departmental error overpayment where the overpayment is overpayment of community charge benefit or council tax benefit, X per cent. of so much of the overpayment as has not been recovered by the authority;
iii
in the case of a fraudulent overpayment, 80 per cent. of the overpayment;
iv
except where any of heads (i) to (iii) above apply, 25 per cent. of the overpayment.
.
4
Paragraph (4) of article 18 of the principal Order shall be amended by substituting for the words “paragraphs (1)(b)(i) and (3)” the words “ paragraphs (1)(b)(i), (ii) and (3)”.
5
Paragraph (5) of article 18 of the principal Order shall be amended by substituting for the words “paragraph (1)(b)(ii) and (c)” the words “ paragraphs (1)(b)(iii) and (c)”.
6
Paragraph (8) of article 18 of the principal Order shall be amended by substituting for the words “paragraphs (1)(b)(ii)” the words “paragraphs (1)(b)(iii)”.
Scottish Homes
5
For the year commencing on 1st April 1999, for the sum of “£1,278,000” specified as the maximum payable to Scottish Homes in sub-paragraph (a) of paragraph (2) of article 13 of the principal Order , there shall be substituted the sum of “£1,010,190”.
Fraud overpayments in previous years
6
Sub-paragraph (c) of paragraph (1) of article 18 of the principal Order shall be amended by substituting for the words “95 per cent.” the words “ 80 per cent.”.
Departmental error overpayment
7
Sub-paragraph (a) of paragraph (4) of article 18 of the principal Order shall be amended by adding after the words “as such” the words “, or a person providing services to either Department”.
Additions to and deductions from subsidy in respect of benefit savings
8
For sub-paragraphs (2) and (3) of article 21 of the principal Order there shall be substituted the following sub–paragraphs —
2
This article applies in the case of an authority to which paragraph 3 or 4 of Schedule 5 applies and in such a case the additions shall be calculated in accordance with those paragraphs.
3
This article also applies in the case of an authority to which paragraph 5 of Schdule 5 applies and in such a case the deduction shall be calcualted in accordance with that paragraph.
.
Sums to be used in the calculation of subsidy
9
For the year commencing on 1st April 1999, for Schedule 1 to the principal Order there shall be substituted the Schedule set out in Schedule 1 to this Order.
Definition of “last day”
10
For sub-paragraph (2) of paragraph 1 of Schedule 2 to the principal Order there shall be substituted the following paragraph —
2
In this Schedule, “last day” means —
a
in the case of a person to whom regulation 6(2) of the Income Support (General) Regulations 1987 (persons not treated as engaged in remunerative work) applies, the date on which he was first engaged in remunerative work referred to in sub-paragraph (a) of regulation 6(2) of those Regulations; and
b
in any other case, the last day of the relevant benefit period as “ relevant benefit period” is defined in paragraph 12 of Schedule 5A to the Housing Benefit Regulations or, for the purposes of council tax benefit, paragraph 8 of Schedule 5A to the Council Tax Benefit Regulations (extended payments).
.
Definition of “ineligible amounts”
11
The definition of “ineligible amounts” in paragraph 17 of Part IV of Schedule 4 to the principal Order shall be amended by adding the following sub-paragraph —
d
any amount determined in accordance with regulation 10(6) of the Housing Benefit Regulations and deducted under regulation 10(3) of those Regulations.
.
Amended thresholds for subsidy on rent allowances
12
Part V of Schedule 4 to the principal Order shall be amended as follows —
a
for the references in column (1) to, and amounts stated in column (2) in respect of, Cumbria, Leicestershire, Midlands (West), Northamptonshire, Staffordshire and Warwickshire there shall be substituted, in the appropriate places within the Part, the following references and amounts–
Cumbria 60.82 Leicestershire 64.92 Midlands (West) 83.89 Northamptonshire 68.46 Staffordshire 86.59 Warwickshire 83.51
;
b
for the references in column (1) to, and amounts stated in column (2) in respect of, rent registration areas in Scotland, there shall be substituted the following references and amounts–
Aberdeen 116.83 Aberdeenshire 116.83 Angus 116.83 Argyll and Bute 103.93 Clackmannanshire 150.40 Comhairle Nan Eilean Sair 146.28 Dumfries and Galloway 103.93 Dundee 116.83 East Ayrshire 103.93 East Dunbartonshire 112.91 East Lothian 132.78 East Renfrewshire 137.58 Edinburgh, City of 132.78 Falkirk 103.93 Fife 116.83 Glasgow 103.93 Highland 100.28 Inverclyde 103.93 Midlothian 132.78 Moray 116.83 North Ayrshire 103.93 North Lanarkshire 103.93 Orkney 116.83 Perth and Kinross 124.08 Scottish Borders 132.78 Shetland 116.83 Stirling 103.93 West Dunbartonshire 103.93 West Lothian 132.78
.
Benefit savings
13
For Schedule 5 to the principal Order there shall be substituted the Schedule set out in Schedule 2 to this Order.
Modification of Schedule 5
14
In the definition of “benefit savings” and “benefit-related savings” in paragraph 1 of Schedule 5 to the principal Order references to a decision of the Secretary of State shall be read as if they were references to a determination of an adjudication officer–
a
in respect of the period beginning on 1st April 1999 and ending on 6th September 1999, in relation to decisions relating to retirement pension, incapacity benefit, severe disablement allowance or widow’s pension;
b
in respect of the period beginning on 1st April 1999 and ending on 18th October 1999, in relation to decisions relating to jobseeker’s allowance; and
c
in respect of the period beginning on 1st April 1999 and ending on 29th November 1999, in relation to decisions relating to income support.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
17th April 2000
We consent,
Bob Ainsworth
Clive J. C. Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
17th April 2000


text:
Citation, commencement and extent
1
This Order, which extends to England only, may be cited as the Water Undertakers (Rateable Values) (England) Order 2000 and shall come into force —
a
for all purposes other than those of article 8, on the day after the day on which it is made; and
b
for the purposes of article 8, on 1st April 2000.
Interpretation and application
2
1
In this Order —
“ the Act ” means the Local Government Finance Act 1988;
“central list” means the central non-domestic rating list for England ;
“ Central Lists Regulations ” means the Central Rating Lists (England) Regulations 2000;
“class of hereditaments” means the hereditaments falling to be shown in the central list in relation to a designated person by virtue of regulation 4 of and Part 6 of the Schedule to the Central Lists Regulations ;
“designated person” means a person designated by regulation 3(1) of and named in Part 6 of the Schedule to the Central Lists Regulations; and in relation to a class of hereditaments “relevant designated person” means the designated person in occupation of that class;
“recalculation factor” in relation to a class of hereditaments means the factor determined in relation to that class in accordance with article 6;
“relevant year” means any year for which a rateable value falls to be determined in accordance with this Order, and “relevant preceding year” means the year preceding a relevant year;
“the standard formula” in relation to a class of hereditaments means the formula T + U where —
T is the amount specified in relation to that class in the Schedule; and
U is the recalculation factor applicable to that class in respect of the relevant year; and
“year” means a chargeable financial year.
2
Any reference in this Order to hereditaments occupied by a person includes a reference, in the case of unoccupied hereditaments, to hereditaments owned by that person, references to occupation being construed accordingly.
3
Any reference in this Order to a designated person by name is to the company bearing that name on 1st January 2000.
4
This Order applies for the purpose of the central list compiled on 1st April 2000.
Rounding of numbers
3
Where (apart from this article) any rateable value determined under this Order would include a fraction of a pound —
a
if the fraction would exceed 50p it shall be made up to one pound;
b
if the fraction would be 50p or less it shall be ignored.
Rateable values
4
In relation to each class of hereditaments, paragraphs 2 to 2C of Schedule 6 to the Act shall not apply in any year for which the central list is in force, and its rateable value —
a
in the year beginning on 1st April 2000 shall be the amount specified in relation to it in the Schedule; and
b
subject to article 7, in any year beginning on or after 1st April 2001 shall be the amount produced in respect of that year by applying the standard formula in relation to that class.
Recalculation factor: interpretation
5
1
In article 6, in relation to each class of hereditaments —
a
in any formula —
y is the relevant amount of water in relation to the period of 3 years ending immediately before the relevant preceding year;
Y, subject to article 6(3), is the relevant amount of water in relation to the period of 3 years ending on 31st March 1999;
Z is a number having the same value as y in the last foregoing year in relation to which the applicable recalculation factor for that class was determined in accordance with article 6(2); and
T has the same meaning as in the definition of “the standard formula” in article 2; and
b
“relevant amount of water” in relation to a relevant designated person and any period of 3 years means the annual average, over 3 years, expressed in megalitres to the nearest tenth part, calculated in accordance with the formula set out in paragraphs (2) and (3).
2
The formula referred to in paragraph (1)(b) is
A - B
where —
A is the estimated annual average amount of water put into supply by that person in the period of 3 years, being water supplied —
to any other person in bulk, that is to say for the purposes of augmenting or constituting the supply to be given by that person; or
otherwise,
less half the estimated annual average amount of non-potable water so supplied otherwise than in bulk; and
B is half the annual average amount of water estimated to have been taken or supplied in bulk during that period of 3 years.
3
Where the relevant designated person did not supply water throughout any year in a period of 3 years, paragraphs (1) and (2) shall apply as if for the reference to the annual average over 3 years there were substituted a reference to the annual average over the number of years throughout which water was supplied; and for the purposes of this paragraph any temporary suspension of supply shall be disregarded.
Recalculation factors
6
1
Where in relation to a class of hereditaments and any year the value attributable to y is less than 1.02Y (“the upper threshold”) and greater than 0.98Y (“the lower threshold”), the recalculation factor applicable to that class —
a
in the case of the year beginning on 1st April 2001, shall be 0, and
b
in the case of any subsequent such year, shall be a figure equal to the recalculation factor applicable in accordance with this article in the relevant preceding year.
2
Where in relation to any year the value attributable to y in respect of a class of hereditaments is equal to or exceeds the upper threshold or is equal to or lower than the lower threshold, the recalculation factor applicable to that class in that year shall be the figure produced by calculating in accordance with the formula —
T ( y − Y 1.5 Y )
3
In relation to any class of hereditaments and any year beginning after the year in which paragraph (2) first applies to that class, paragraph (1) shall apply as if for Y there were substituted Z.
Schemes under Schedule 2 of the Water Industry Act 1991
7
1
This article applies where, in consequence of a scheme under Schedule 2 to the Water Industry Act 1991 (“the scheme”) a designated person (“the transferee”) occupies a class of hereditaments which immediately before the day on which the scheme comes into force are occupied by another designated person.
2
Where the article applies, the rateable value (as a whole) of the hereditaments mentioned in paragraph (3) (“relevant hereditaments”) as regards any day on which, in pursuance of the Central Lists Regulations, they are shown in the central list, shall be determined in accordance with paragraph (4) and (5).
3
The relevant hereditaments are —
a
such of the hereditaments transferred by the scheme; and
b
any other hereditaments,
as are occupied by the transferee and shown in the central list.
4
The rateable value (as a whole) of the relevant hereditaments shall be an amount equal to the aggregate of the amounts which, but for the scheme, and subject to paragraph (5), would have been determined under article 5 as the rateable value of the classes of hereditaments which constitute the relevant hereditaments.
5
For the purposes of determining the recalculation factor applicable in a relevant year, article 6 shall apply as if in calculating —
a
the amount assigned to Y, or
b
where article 6(3) applies, the number assigned to Z,
water supplied by or to the transferee to or by another party to the scheme were ignored.
Revocation and savings
8
1
Subject to paragraph (2), there are hereby revoked —
a
the Water Undertakers (Rateable Values) Order 1994 ;
b
article 3 of the Electricity Supply Industry and Water Undertakers (Rateable Values) Amendment Order 1996, and article 1 to the extent that it has effect for the purposes of article 3 of that Order .
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the provisions of the Orders mentioned in paragraph (1) shall continue to have effect on and after 1st April 2000 for the purposes of, and for purposes connected with —
a
any alteration of a list compiled before 1st April 2000; or
b
any provision made by regulations under section 58 (special provision for 1995 onwards) of the Act as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
30th March 2000


text:
Commencement and citation
1
This order may be cited as the A501 Trunk Road (Westminster) Red Route (Clearway) Traffic Order 2000, and shall come into force on 30th June 2000.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
using the vehicle for fire brigade, ambulance or police purposes;
f
using the vehicle in connection with the removal of any obstruction to traffic;
g
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
2
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the City of Westminster (Waiting and Loading Restrictions) Traffic Order 1976 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the City of Westminster (Waiting and Loading Restrictions) Traffic Order 1976 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th June 2000


text:
Citation and commencement
1
These Regulations may be cited as the Research and Development (Prescribed Activities) Regulations 2000 and shall come into force on 21st August 2000.
Interpretation
2
In these Regulations —
“the Guidelines” means the “Guidelines on the Meaning of Research and Development (R&D) for Tax Purposes” which were issued for the purposes of section 837A by the Secretary of State for the Department of Trade and Industry on 28th July 2000 ;
“section 837A” means section 837A of the Income and Corporation Taxes Act 1988.
Prescribed activities
3
1
The activities prescribed by paragraph (2) of this regulation are not “ research and development” for the purposes of section 837A and the activities prescribed by paragraph (3) of this regulation are “research and development ” for those purposes.
2
The activities prescribed by this paragraph are activities that fall to be treated as not being research and development in accordance with the Guidelines.
3
The activities prescribed by this paragraph are activities that fall to be treated as research and development in accordance with the Guidelines.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000