text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Eritrea and Ethiopia (United Nations Sanctions) (Channel Islands) Order 2000 and shall come into force on 16th June 2000.
2
Subject to paragraph (3) below, this Order shall remain in force until 17th May 2001.
3
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending or suspending the operation of the resolution adopted by it on 17th May 2000, in whole or in part, this Order shall cease to have effect or its operation shall be extended or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
4
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General of Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the meaning they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“enactment” includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey;
“export” includes shipment as stores and cognate expressions shall be construed accordingly;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom or the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“person connected with Eritrea or Ethiopia” means —
the Government of Eritrea;
the Government of Ethiopia;
any other person in, or resident in, Eritrea or Ethiopia;
any body incorporated or constituted under the laws of Eritrea or Ethiopia;
any body, wherever incorporated or constituted, which is controlled by any of the persons mentioned in sub-paragraphs (a) to (d) above; or
any person acting on behalf of any of the persons mentioned in sub-paragraphs (a) to (e) above;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey;
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey police force;
“ship” includes every description of vessel used in navigation;
“the Standard Scale” means the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993.
“shipment” (and cognate expressions) and “stores” shall in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and in the application of this Order to the Bailiwick of Jersey , have the meanings they bear in the Customs and Excise (Jersey) Law 1999;
“vehicle” means land transport vehicle.
2
Any reference to an Act of Parliament shall, in the case of a provision which has been extended to the Channel Islands be construed as a reference to that provision as it has effect there and in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.
Supply of certain goods to Eritrea and Ethiopia
3
1
Except under the authority of a written licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall —
a
supply or deliver; or
b
agree to supply or deliver
any goods specified in Schedule 1 to this Order to any person in Eritrea or Ethiopia.
2
Nothing in paragraph (1)(b) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted under this article.
Exportation of certain goods to Eritrea and Ethiopia
4
Except under the authority of a written licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
or the Import and Export of Goods (Control) (Guernsey) Order, 1990, the goods specified in Schedule 1 to this Order are prohibited to be exported from any of the Channel Islands to any destination in Eritrea or Ethiopia, or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Eritrea or Ethiopia.
Use of ships, aircraft and vehicles
5
1
Without prejudice to the generality of article 3 of this Order, and except under the authority of a written licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of any goods specified in Schedule 1 to this Order if the carriage is, or forms part of, carriage from any place outside Eritrea or Ethiopia to any destination therein.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) above then —
a
in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Eritrea or Ethiopia to any destination therein.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Eritrea or Ethiopia was authorised by a licence granted by the relevant authority under article 3 or article 4 of this Order.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
Provision of certain technical assistance or training
6
Except under the authority of a written licence granted under this article —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall provide to a person connected with Eritrea or Ethiopia any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any goods specified in Schedule 1 to this Order.
Application of articles 3 and 6
7
1
The provisions of articles 3 and 6 of this Order shall apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, that of the Bailiwick of Jersey.
2
Subject to the provisions of paragraphs (3) and (4) below, any person specified in paragraph (1) above who contravenes the provisions of article 3 or 6 of this Order shall in the Bailiwick in question be guilty of an offence.
3
In the case of proceedings for an offence in contravention of article 3 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Eritrea or Ethiopia.
4
In the case of proceedings for an offence in contravention of article 6 of this Order it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the technical assistance or training in question were to be provided to a person connected with Eritrea or Ethiopia.
Customs powers to demand evidence of destination which goods reach
8
Any exporter or any shipper of goods which have been exported from any of the Channel Islands shall, if so required by, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, the Agent or Deputy Agent of the Impôts or any person duly authorised by the Agent of the Impôts, furnish within such time as it may allow proof to its satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
9
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
10
1
Any person who is about to leave any of the Channel Islands shall, if he is required to do so by, in the case of the Bailiwick of Guernsey, a States Revenue Officer or, in the case of the Bailiwick of Jersey, an officer of the Impôts —
a
declare whether or not he has with him any goods specified in Schedule 1 to this Order which are destined for Eritrea or Ethiopia or for delivery, directly or indirectly, to or to the order of any person in Eritrea or Ethiopia; and
b
produce any such goods as aforesaid which he has with him,
and such officer, and any person acting under his directions, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships
11
1
Where any authorised officer has reason to suspect that any ship to which article 5 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and any such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 5 of this Order, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to the prevention of the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph 1(c) above is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps:
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 14(3) of this Order, where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) above; or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means —
a
in respect of the Bailiwick of Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to the Bailiwick of Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 , or a States Revenue Officer;
b
in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
12
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 5 of this Order applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in any of the Channel Islands, he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the relevant Bailiwick until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 14(3) below, where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph 1(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means —
in respect of the Bailiwick of Guernsey, any States Revenue Officer,
in respect of the Bailiwick of Jersey, any officer of the Impôts;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
13
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 5 of this Order —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specifiy;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
he may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey until notified that the vehicle and goods may depart.
2
Without prejudice to the provisions of article 14(3) of this Order, where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means —
in respect of the Bailiwick of Guernsey, any States Revenue Officer,
in respect of the Bailiwick of Jersey, any officer of the Impôts.
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 11 to 13
14
1
No information furnished or document produced by any person in pursuance of a request made under article 11, 12 or 13 of this Order shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent or another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under article 11, 12 or 13 of this Order to request that it be furnished or produced or to any person holding or acting in any office under or in the service of the Crown in respect of the Government of the United Kingdom or under or in the service of the Government of the Isle of Man or under or in the service of the States of Guernsey or Alderney or the Chief Pleas of Sark or, as the case may be, the States of Jersey or under or in the services of the Government of any territory listed in Schedule 3 to this Order; or
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to Eritrea or Ethiopia decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs, or for an offence under any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or the Bailiwick of Jersey.
2
Any power conferred by articles 11, 12 and 13 of this Order to request the furnishing of information or the production of a document or of cargo or of goods for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo or goods produced for inspection.
3
Each of the following persons shall be guilty of an offence, that is to say —
a
a master of a ship who disobeys any direction given under article 11(2)(a) of this Order;
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 11, 12 or 13 of this Order by any person empowered to make it, or
ii
in response to such a request, furnishes any information or produces any document which to his knowledge is false in a material particular, or recklessly furnishes any information or produces any document which is false in a material particular, to such a person;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of that person) in the exercise of his powers under article 11, 12 or 13 of this Order.
4
Nothing in articles 11 to 13 of this Order shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
15
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters for the time being in force in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
Investigations by the Agents of Impôts
16
1
Where, in the case of the Bailiwick of Jersey, the Agent of the Impôts or a police officer investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of Article 1(1) of the Customs and Excise (Jersey) Law 1999.
Penalties and proceedings
17
1
Any person guilty of an offence under article 5(3) or 7(2) of this Order shall be liable in the Bailiwick of Guernsey —
a
on conviction on information to custody for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and, in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under article 14(3)(b)(ii) of this Order or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable in the Bailiwick of Guernsey —
a
on conviction on information to custody for a term not exceeding two years or a fine or both; or
b
on summary conviction to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 9(1) or (2), or article 10(3) of this Order shall be liable in the Bailiwick of Guernsey:
a
on conviction on information to custody for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 8 or article 10(2) of this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey, on conviction to a fine not exceeding level 4 on the Standard Scale.
5
Any person guilty of an offence under article 14(3)(a), (b)(i) or (c) of this Order or paragraph 5(a) or (c) of Schedule 2 to this Order shall be liable —
a
in the Bailiwick of Guernsey on summary conviction to custody for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time within 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
8
Proceedings against any person for an offence under this Order in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
18
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee, or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance of Economics Committee and Attorney General shall be construed accordingly.
2
Any licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A. K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
PART I
GENERAL
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (New Deal Pilot) Regulations 2000 and shall come into force —
a
for the purposes of regulations 6(4) and (5) and 10(2), on 19th March 2001;
b
for all other purposes, on 28th November 2000 immediately following the expiry of the Social Security (New Deal Pilot) Regulations 1999 .
2
These Regulations shall cease to have effect on 27th November 2001, unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Jobseekers Act 1995;
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Education and Employment which is identified by reference to its name as at the date these Regulations come into force in one or more of the Schedules to these Regulations, and where such an office closes, the references in the Schedules to that office in relation to a person shall be construed as references to the office which that person is required to attend instead of that office;
“benefit” means jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulation 1975 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“employment officer” means a person who is at any time an employment officer for the purposes of section 19 of the Act;
“employment-related course” has the same meaning as in regulations 1(3) of the Jobseeker’s Allowance Regulations ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 ;
“full-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“gateway interview” means an interview with an employment officer to identify and discuss matters that could help a person find work and matters that are preventing him from finding work;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“intensive activity period of the New Deal pilots for 25 plus” means a programme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for which only persons who are aged 25 years or over may be eligible, known as the intensive activity period of the New Deal pilots for 25 plus, and which includes for any individual, jobsearch activity and one or more of the following, namely training, study, assistance in pursuing self-employed earner’s employment and work experience;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“part-time student” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations;
“week” means any period of 7 days.
2
In regulations 3 to 5, the references to receiving benefit for not less than the periods or, as the case may be, for less than the period, referred to in those regulations means receiving benefit —
a
without any period of interruption, or
b
with a period of interruption which did not exceed 28 days, or
c
with a number of periods of interruption, none of which exceeded 28 days,
and any period of interruption which did not exceed 28 days shall be taken into account in calculating the periods referred to in regulations 3 to 5.
3
In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulations 3 to 5, also be treated as receiving benefit throughout that period.
4
In these Regulations a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number; and
c
to a numbered Schedule is to the Schedule to these Regulations bearing that number.
PART II
THE INTENSIVE ACTIVITY PERIOD OF THE NEW DEAL PILOTS FOR 25 PLUS
Application: persons aged 25 and over in receipt of benefit for 12 months
3
This regulation shall apply to any person who —
a
is sent a letter dated on or before 31 March 2001 inviting him to attend a New Deal pilot gateway interview at an office listed in Schedule 1; and
b
as at the date of letter referred to in regulation 3(a) is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 12 months.
Application: persons aged 25 and over in receipt of benefit for 18 months
4
This regulation shall apply to any person who —
a
is sent a letter dated on or before 31 March 2001 inviting him to attend a New Deal pilot gateway interview at an office listed in Schedule 2; and
b
as at the date of letter referred to in regulation 4(a) is aged 25 or over but under pensionable age and has been receiving benefit for a period of not less than 18 months.
Application: volunteers
5
This regulation shall apply to any person who —
a
on or after the date on which these Regulations come into force and on or before 31 March 2001 attends an appropriate office listed in Schedule 3 pursuant to a notification under regulation 23 or 23A of the Jobseeker’s Allowance Regulations and when he so attends volunteers to attend a gateway interview,
b
on the day he so attends, is aged 25 or over but under pensionable age and has been receiving benefit for a period of less than 18 months, and
c
in respect of whom an employment officer agrees that he may be given a gateway interview.
Sanction
6
1
In relation to a person to whom paragraph (2) or (4) applies, “employment programme” in section 19 of the Act means, in addition to the programmes listed in regulation 75(1) of the Jobseeker’s Allowance Regulations , the intensive activity period of the New Deal pilots for 25 plus.
2
This paragraph applies to any person (other than a person specified in paragraph (4)) to whom regulation 3, 4, or 5 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in the intensive activity period of the New Deal pilots for 25 plus his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
3
In relation to a person to whom paragraph (2) applies, the prescribed period for the purposes of section 19(2) of the Act shall begin on the first day of the week following the date on which a jobseeker’s allowance is determined not to be payable to the person and shall be —
a
2 weeks in any case which does not fall within sub-paragraph (b) below;
b
4 weeks in any case in which on a previous occasion a jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) of the Act that relate to the intensive activity period of the New Deal pilots for 25 plus and the first date on which a jobseeker’s allowance was not payable to him as a result of that determination falls within the period of 12 months preceding the date of the determination mentioned in (3) above.
4
This paragraph applies to a member of a joint-claim couple to whom regulation 3, 4, or 5 applies and who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in the intensive activity period of the New Deal pilots for 25 plus the jobseeker’s allowance payable to the joint-claim couple of which he is a member could cease to be payable or could be payable at a lower rate.
5
In relation to a person to whom paragraph (4) applies, the prescribed period for the purposes of section 20A(3) of the Act shall begin on the first day of the week following the date on which that person is determined to be subject to sanctions for the purposes of section 20A of the Act and shall be —
a
2 weeks in any case which does not fall within sub-paragraph (b) below;
b
4 weeks in any case in which on a previous occasion a jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) of the Act or in a case in which he was determined to be subject to sanctions in the circumstances falling within section 20A(2)(a) to (c) of the Act that relate to the intensive activity period of the New Deal pilots for 25 plus and the first date on which a jobseeker’s allowance was not payable to him or in respect of which he was subject to sanctions as a result of that determination falls within the period of 12 months preceding the date of the determination mentioned in (3) above.
6
In this regulation, “week” has the same meaning as “benefit week” in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Interpretation of sections 19 and 20A of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
7
In relation to a person to whom regulation 3, 4 or 5 applies, “employment” in sections 19 and 20A of the Act, except section 19(9), and in Part V of the Jobseeker’s Allowance Regulations means employed earner’s employment other than employed earner’s employment in which a person is employed whilst participating in the intensive activity period of the New Deal pilots for 25 plus and “employed earner” shall be construed accordingly.
Availability for employment
8
1
In relation to a person to whom regulation 3, 4 or 5 applies —
a
regulation 15(a) of the Jobseeker’s Allowance Regulations shall be modified in its application to him as if the following words were added after the words “full-time student” where those words appear for the first time —
, other than where he is a full-time student by virtue of undertaking an employment-related course as part of the intensive activity period of the New Deal pilots for 25 plus,
; and
b
if in any week in which he is participating in the intensive activity period of the New Deal pilots for 25 plus he is as part of that programme undertaking as a full-time student or a part-time student an employment-related course for not less than three days in that week, he shall be treated as available for employment for that week.
2
In this regulation, “week” has the same meaning as “benefit week” in regulation 1(3) of the Jobseeker’s Allowance Regulations.
Good Cause
9
Without prejudice to any other circumstances in which a person may be regarded as having good cause for any act or omission for the purposes of section 19(5)(b) or 20A(2)(b) of the Act, and in addition to the circumstances listed in regulation 73 of the Jobseeker’s Allowance Regulations, a person to whom regulation 3, 4 or 5 applies is to be regarded as having good cause for an act or omission in relation to the intensive activity period of the New Deal pilots for 25 plus for the purposes of section 19(5)(b) or 20A(2)(b) where he has already participated in that same intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks.
Payability of allowance
10
1
An income-based jobseeker’s allowance (other than a joint-claim jobseeker’s allowance) shall be payable to a person to whom regulations 3, 4 or 5 applies even though section 19 of the Act prevents payment of a jobseeker’s allowance to him if —
a
an allowance would not otherwise be payable because the circumstances in section 19(5)(c) of the Act apply in relation to the intensive activity period of the New Deal pilots for 25 plus, and
b
he has already participated in that same intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks,
and the applicable amount in respect of a person to whom this regulation applies shall be the amount determined in accordance with regulation 83, 84, 85, 86, 145 or 148 of the Jobseeker’s Allowance Regulations, as appropriate.
2
A joint-claim jobseeker’s allowance shall be payable to a joint-claim couple where regulation 3, 4 or 5 applies to either or both members of that couple even though either or both members are subject to sanctions for the purposes of section 20A of the Act if —
a
an allowance would not otherwise be payable because the circumstances in section 20A(2)(c) of the Act apply to that member in relation to the intensive activity period of the New Deal pilots for 25 plus, and
b
that member has already participated in that same intensive activity period of the New Deal pilots for 25 plus for one continuous period of 13 weeks or two or more periods amounting in total to 13 weeks,
and the applicable amount in respect of the couple to whom this regulation applies shall be the amount determined in accordance with regulations 86A, 86B, 86C, 86D, 146G or 148A of the Jobseeker’s Allowance Regulations, as appropriate.
PART III
CONSEQUENTIAL PROVISIONS
Scope of Part III
11
1
Regulations 12 and 14 to 18 shall only apply in relation to a person to whom regulation 3, 4 or 5 applies in so far as those regulations relate to that person’s participation in the intensive activity period of the New Deal pilots for 25 plus.
2
Regulation 13 shall only apply in any week in which a person to whom regulation 3, 4 or 5 applies is participating in the intensive activity period of the New Deal pilots for 25 plus.
Definition of “training allowance”
12
1
The definition of “training allowance” in each of the regulations specified in paragraph (2) below (which are interpretation provisions) shall be modified in its application to persons to whom this Part applies as if at the end there were added the words —
nor does it include any top-up payment made to a person (“the participant”) pursuant to
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period.
2
The regulations to which paragraph (1) refers are —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Disability Working Allowance Regulations ;
c
regulation 2(1) of the Family Credit Regulations ;
d
regulation 2(1) of the Housing Benefit Regulations ;
e
regulation 2(1) of the Income Support Regulations ;
f
regulation 1(3) of the Jobseeker’s Allowance Regulations .
Remunerative work
13
1
Regulation 53 of the Jobseeker’s Allowance Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if at the end there was added the following paragraph —
j
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
2
Regulation 6(1) of the Income Support Regulations (persons treated as not engaged in remunerative work) shall be modified in its application to persons to whom this Part applies as if after sub-paragraph (k) there was inserted the following sub-paragraph —
1
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations;
.
3
Both regulation 4 of the Council Tax Benefit Regulations and regulation 4 of the Housing Benefit Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (5) there was inserted the following paragraph —
5A
A person shall not, for the purposes of these Regulations, be treated as engaged in remunerative work in any benefit week in which he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
4
Both regulation 4 of the Family Credit Regulations and regulation 6 of the Disability Working Allowance Regulations (remunerative work) shall be modified in their application to persons to whom this Part applies as if after paragraph (3)(c) there was added the following sub-paragraph —
d
he is participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
Notional income
14
1
Regulation 105 of the Jobseeker’s Allowance Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if —
a
in sub-paragraph (c) of paragraph (10A) , after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (10)(a)(ii).
;
b
in paragraph (13), after the words “Subject to paragraph (13A)” there were inserted the words “and paragraph (13B)”;
c
after paragraph (13A) there were inserted the following paragraph —
13B
Paragraph (13) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
2
Regulation 42 of the Income Support Regulations (notional income) shall be modified in its application to persons to whom this Part applies as if —
a
in sub-paragraph (c) of paragraph (4ZA) , after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (4)(a)(ii);
;
b
in paragraph (6), after the words “Subject to paragraph (6A)” there were inserted the words “and paragraph (6D)”;
c
after paragraph (6C) there were inserted the following paragraph —
6D
Paragraph (6) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
3
Both regulation 26 of the Council Tax Benefit Regulations and regulation 35 of the Housing Benefit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if —
a
in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).
;
b
in paragraph (5), after the words “Subject to paragraph (5A)” there were inserted the words “and paragraph (5B)”
c
after paragraph (5A), there were inserted the following paragraph —
5B
Paragraph (5) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
.
4
Both regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations (which relate to notional income) shall be modified in their application to persons to whom this Part applies as if —
a
in sub-paragraph (c) of paragraph (3A), after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).
;
b
in paragraph (4) —
i
at the beginning, there were inserted the words “Subject to paragraph (4A),”;
ii
the words from “;but this paragraph” to the end of the paragraph were omitted;
c
after paragraph (4) there were inserted the following paragraph —
4A
Paragraph (4) shall not apply —
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Board is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with the claimant’s participation in —
i
an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulations 2(1) of those Regulations.
.
Notional capital
15
1
Both regulation 113(3A) of the Jobseeker’s Allowance Regulations and regulation 51(3A) of the Income Support Regulations (notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a)(ii).
.
2
Paragraph (3A) of each of the regulations specified in paragraph (3) (which relate to notional capital) shall be modified in their application to persons to whom this Part applies as if in sub-paragraph (b), after head (iii), there was added the following head —
iv
in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations but only to the extent that it is not used for a purpose specified in paragraph (3)(a).
.
3
The regulations to which paragraph (2) above refers are —
a
regulation 34 of the Council Tax Benefit Regulations ;
b
regulation 37 of the Disability Working Allowance Regulations ;
c
regulation 34 of the Family Credit Regulations ;
d
regulation 43 of the Housing Benefit Regulations .
Income to be disregarded
16
1
Each of the Schedules specified in paragraph (2) below (which relate to sums to be disregarded in the calculation of income other than earnings) shall be modified in their application to persons to whom this Part applies as if the following paragraphs were inserted bearing the respective specified paragraph numbers —
Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
Any top-up payment made to a person (“the participant”) pursuant to —
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation of the intensive activity period and which is made in respect of the participant’s participation in that period.
.
2
The respective paragraph numbers and Schedules specified for the purposes of paragraph (1) above are —
a
paragraphs 68 and 69 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraphs 61 and 62 of Schedule 3 to the Disability Working Allowance Regulations;
c
paragraphs 63 and 64 of Schedule 2 to the Family Credit Regulations;
d
paragraphs 69 and 70 of Schedule 4 to the Housing Benefit Regulations;
e
paragraphs 67 and 68 of Schedule 9 to the Income Support Regulations;
f
paragraphs 65 and 66 of Schedule 7 to the Jobseeker’s Allowance Regulations.
Capital to be disregarded
17
1
Each of the Schedules specified in paragraph (2) below (which relate to capital to be disregarded) shall be modified in their application to persons to whom this Part applies as if the following paragraphs were inserted bearing the respective specified paragraph numbers —
Any child care expenses reimbursed to the claimant in respect of his participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations, but only for a period of 52 weeks from the date of receipt of the payment.
Any top-up payment made to a person (“the participant”) pursuant to —
section 2 of the Employment and Training Act 1973 in respect of the participant’s participation in the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations (“the intensive activity period”); or
a written arrangement entered into between the Secretary of State and the person who has arranged for the participant’s participation in the intensive activity period and which is made in respect of the participant’s participation in that period,
but only for the period of 52 weeks beginning on the date of receipt of the payment.
.
2
The respective paragraph numbers and Schedules specified for the purposes of paragraph (1) above are —
a
paragraphs 57 and 58 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraphs 55 and 56 of Schedule 4 to the Disability Working Allowance Regulations;
c
paragraphs 56 and 57 of Schedule 3 to the Family Credit Regulations;
d
paragraphs 57 and 58 of Schedule 5 to the Housing Benefit Regulations;
e
paragraphs 54 and 55 of Schedule 10 to the Income Support Regulations;
f
paragraphs 49 and 50 of Schedule 8 to the Jobseeker’s Allowance Regulations.
Self-employment route of the intensive activity period of the New Deal pilots for 25 plus
18
1
Both regulation 102A of the Jobseeker’s Allowance Regulations and regulation 39A of the Income Support Regulations (which relate to participants in the self-employment route of the Employment Option of the New Deal) shall be modified in their application to persons to whom this Part applies as if —
a
regulation 102A and regulation 39A were renumbered regulation 102A(1) and regulation 39A(1) respectively;
b
for the definition of “self-employment route” in the renumbered paragraph (1) there was substituted the following definition —
“self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations;
;
c
after the renumbered paragraph (1), there was added the following paragraph —
2
For the purposes of this Chapter, the last day upon which assistance is received under the self-employment route shall be the day —
a
upon which there is at least £2,000 in the participant’s special account;
b
which is 26 weeks after the day upon which the participant first received such assistance; or
c
which is the last day upon which the participant received such assistance,
whichever shall first occur.
.
2
The provisions specified in paragraph (3) shall be modified in their application to persons to whom this Part applies as if for the references to a person receiving, or having received, assistance under an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations , there were substituted references to a person receiving or, as the case may be, having received, assistance in pursuing self-employed earner’s employment whilst participating in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 2000 in regulation 2(1) of those Regulations.
3
The provisions to which paragraph (2) refers are —
a
in the Council Tax Benefit Regulations, regulation 31(7), paragraph 66 of Schedule 4 and paragraph 7 and 55 of Schedule 5;
b
in the Disability Working Allowance Regulations, regulation 34(7), paragraph 59 of Schedule 3 and paragraphs 6 and 53 of Schedule 4;
c
in the Family Credit Regulations, regulation 31(7), paragraph 61 of Schedule 2 and paragraphs 6 and 54 of Schedule 3;
d
in the Housing Benefit Regulations, regulation 40(7), paragraph 66 of Schedule 4 and paragraphs 7 and 55 of Schedule 5;
e
in the Income Support Regulations, paragraph 64 of Schedule 9 and paragraphs 6 and 52 of Schedule 10;
f
in the Jobseeker’s Allowance Regulations, paragraph 62 of Schedule 7 and paragraphs 11 and 47 of Schedule 8.
Transitional provision
19
References in these Regulations to a person to whom regulation 3, 4 or 5 applies shall include a person to whom regulation 3, 4 or 5 of the Social Security (New Deal Pilot) Regulations 1999 applied immediately before those regulations expired.
Signed for the purposes of Parts I and II of these Regulations on behalf of the Secretary of State for Education and Employment
Tessa Jowell
Minister of State,
Department for Education and Employment
24th November 2000
Signed for the purposes of Part III of these Regulations (other than in relation to provisions relating to disabled person’s tax credit and working families' tax credit) on behalf of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under Secretary of State,
Department of Social Security
26th November 2000
Signed for the purposes of provisions in Part III of these Regulations relating to disabled person’s tax credit and working families' tax credit on behalf of the Treasury
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2000


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2000 and shall come into force on 15th June 2000.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
18th May 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000 and shall come into force on 11th April 2000.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order–
“the Council Regulation” means Council Regulation ( EC ) No. 2742/1999 fixing for 2000 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required and amending Regulation (EC) No. 66/98 ;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy , as amended by Council Regulation (EC) No. 2870/95 , Council Decision (EC) 95/528 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 686/97 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 and Council Regulation (EC) 2846/98 ;
“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
“relevant offence” means an offence under:
article 3; or
any provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a specified Community provision, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedules 1 and 2 as read with any qualifying words relating to that provision in that column; and
“third country fishing boat” means a fishing boat flying the flag of and registered in a state other than a Member State of the European Community.
2
In this Order–
a
the term “within relevant British fishery limits” does not include–
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to Jersey; and
v
seas within British Fishery Limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a logbook, declaration or document includes, in addition to a logbook, declaration or document in writing–
i
any map, plan, graph or drawing,
ii
any photograph,
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Council Regulation 2847/93,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
In this Order–
a
any reference to a Community instrument is a reference to that instrument as amended on the date this Order is made; and
b
any reference to a Schedule or to an article shall be construed as a reference respectively to a Schedule to this Order or an article in this Order.
4
For the purpose of the prohibition contained in paragraph 2 of Annex IV to the Council Regulation–
a
the harbours at which a fishing boat may land a catch of fish containing unsorted herring are those within relevant British fishery limits whose sampling systems a British sea-fishery officer at that harbour decides are adequate for that purpose;
b
in making such a decision, a British sea fishery officer shall have regard to the overall size and characteristics of a catch;
c
a British sea-fishery officer may only make such a decision following an application by the master of a fishing boat to a British sea-fishery officer at that harbour before the landing of a catch, and
d
a British sea-fishery officer shall notify the master of a fishing boat of any such decision.
Offences
3
1
Where there is, in respect of–
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat (other than a third country fishing boat) which is within relevant British fishery limits,
a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 1, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of Schedule 2 applies which is within relevant British fishery limits, a contravention of, or failure to comply with, any such specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
A person found guilty in England or Northern Ireland of an offence under article 3(1) or 3(2), or under any equivalent provision in an order extending to any other part of the United Kingdom, proceedings in respect of which have been brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable–
a
on summary conviction, to a fine not exceeding the amount specified:
i
in respect of an offence under article 3(1), in column 3 of Schedule 1; and
ii
in respect of an offence under article 3(2), in column 3 of Schedule 2
in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
on conviction on indictment, to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England or Northern Ireland on a master, owner, charterer (if any), or any other person who is convicted by the court of a relevant offence or an offence under article 10, the court may for the purposes of recovering the fine–
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; or
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Articles 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3(1) or 3(2), or any equivalent provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a specified Community provision, a British sea-fishery officer may exercise in relation to–
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is within relevant British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purposes mentioned in paragraph (1) or (2) of this article and, in particular–
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search including rendering all documents on the boat’s computer systems into a visible and legible form;
d
inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3(1) or 3(2), or any equivalent provisions in an order extending to any other part of the United Kingdom made for the purposes of implementing any specified Community provision, any British sea-fishery officer may in England or Northern Ireland–
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of sea fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied–
a
that there is reasonable ground to believe that any document or other item which a British sea-fishery officer has power under this article to inspect is on any premises and that its inspection is likely to disclose evidence of the commission of a relevant offence; and
b
either–
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies–
a
in England and Northern Ireland;
b
to any relevant British fishing boat wherever it may be; and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, a British sea-fishery officer may seize–
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of a relevant offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2) or 7(1)(b) shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by article 6, 7 or 8 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on British sea-fishery officers by article 6, 7 or 8 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable–
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
11
1
Where any offence under article 3(1) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1) committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1) committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any–
a
logbook kept under Article 6 or 17.2;
b
declaration submitted under Article 8.1, 12 or 17.2;
c
effort report completed under Article 19b or 19c;
d
document drawn up under Article 9 or 13; and
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Council Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purposes of paragraph (1) of this article, “required information ” shall mean data relating to–
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3.1 of Council Regulation 2847/93.
Revocation
13
1
The Sea Fishing (Enforcement of Community Quota Measures) Order 1999 and the Third Country Fishing (Enforcement) Order 1999 are hereby revoked except in so far as:
a
they form part of the law of Scotland; or
b
they have effect in relation to Wales.
2
For the purposes of paragraph (1), “Wales” has the same meaning as in section 155(1) of the Government of Wales Act 1998 .
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th March 2000
John Reid
Secretary of State for Scotland
16th March 2000
Paul Murphy
Secretary of State for Wales
15th March 2000
Peter Mandelson
Secretary of State for Northern Ireland
20th March 2000


text:
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Definitions of Unit Trust Scheme) (Amendment) Regulations 2000 and shall come into force on 11th October 2000.
2
1
Regulation 3 of the Stamp Duty and Stamp Duty Reserve Tax (Definitions of Unit Trust Scheme) Regulations 1988 is amended as follows.
2
After paragraph (b) insert
or
c
an employee share ownership plan approved under Schedule 8 to the Finance Act 2000 ,
.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2000


text:
Title and commencement
1
These Regulations may be cited as the Evaluation of Active Substances for Pesticides (Fees) Regulations 2000 and shall come into force on 25th August 2000.
Fees payable under Commission Regulation ( EC ) No. 451/2000
2
1
The fee payable in relation to each active substance for which the United Kingdom is the designated rapporteur Member State under Annex I to Commission Regulation (EC) No. 451/2000 (laying down the detailed rules for the implementation of the second and third stages of the work programme referred to in Article 8(2) of Council Directive 91/ 4/4/ EEC ) shall be in accordance with this regulation.
2
The fee for the administrative treatment and the evaluation of the notification of each active substance notified in accordance with Article 4 of Commission Regulation (EC) No. 451/2000 shall be £4,500, payable in accordance with Article 12.2 of, and paragraph 3, Part I, Annex IV to, that Regulation.
3
The fee for the evaluation of a dossier submitted under Article 6 of Commission Regulation (EC) No. 451/2000 shall be £120,000, payable before the evaluation is begun.
4
If there has already been an evaluation of some of the data relating to an active substance, and the evaluation of that data is not repeated, the fee payable under paragraph (3) above shall be reduced so that the work which is not repeated is not charged for.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd August 2000