text:
Citation, commencement, interpretation and application
1
This Order may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2000 and shall come into force on 1st June 2000.
2
1
In this Order, unless the context otherwise requires–
“accident” means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight until such time as all such persons have disembarked, in which–
a person suffers a fatal or serious injury as a result of–
being in or upon the aircraft,
being in direct contact with any part of the aircraft, including parts which have become detached from the aircraft, or
direct exposure to jet blast,
except when the injuries are from natural causes, self-inflicted or inflicted by other persons, or when the injuries are to stowaways hiding outside the areas normally available to the passengers and crew, or
the aircraft sustains damage or structural failure which–
adversely affects the structural strength, performance or flight characteristics of the aircraft, and
would normally require major repair or replacement of the affected component,
except for engine failure or damage, when the damage is limited to the engine, its cowlings or accessories, or for damage limited to propellers, wing tips, antennas, tyres, brakes, fairings, small dents or puncture holes in the aircraft skin; or
the aircraft is missing or is completely inaccessible;
“aerodrome authority” means, in relation to any aerodrome, the person by whom the aerodrome is managed;
“the Annex” means Annex 13 to the Chicago Convention as amended on 23rd March 1994 ;
“the Bailiff” means the Bailiff of Jersey;
“Chief Inspector” means the Chief Inspector of Air Accidents for Jersey appointed under article 8 below;
“commander” in relation to an aircraft means the member of the flight crew designated as commander of that 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;
“the Committee” means the Harbours and Airport Committee of the States of Jersey;
“Contracting State” means any State which is party to the Chicago Convention, including the United Kingdom (whether on behalf of Jersey or otherwise);
“crew” includes every person employed or engaged in an aircraft in flight on the business of the aircraft;
“customs officer” means the Agent of the Impôts or any officer of the Impôts;
“the Directive” means Council Directive 94/56/ EC of 21st November 1994 establishing the fundamental principles governing the investigation of civil aviation accidents and incidents ;
“fatal injury” means an injury which is sustained by a person in an accident and which results in his death within 30 days of the date of the accident;
“incident” means an occurrence, other than an accident, associated with the operation of an aircraft which affects or would affect the safety of operation;
“Inspector” means a person appointed as an Inspector of Air Accidents for Jersey under article 8 below;
“investigating Inspector” means an Inspector carrying out an investigation pursuant to this Order;
“Jersey” means the Bailiwick of Jersey and the territorial sea adjacent thereto;
“owner” means, where an aircraft is registered, the registered owner;
“pilot in command” in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
“police officer” means any person who is a member of the Honorary Police or a member of the States of Jersey Police Force;
“serious incident” means an incident involving circumstances indicating that an accident nearly occurred;
“serious injury” means an injury which is sustained by a person in an accident and which–
requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received;
results in a fracture of any bone (except simple fractures of fingers, toes or nose);
involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage;
involves injury to any internal organ;
involves second or third degree burns, or any burns affecting more than five per cent of the body surface; or
involves verified exposure to infectious substances or harmful radiation;
and “seriously injured” shall be construed accordingly;
“causes”, “investigation”, “flight recorder”, “undertaking ” and “safety recommendation” have the meanings given by Article 3 of the Directive; and
“established” has the same meaning as in the Directive.
2
Any notice or other document required or authorised by any provision of this Order to be served on or given to any person may be served or given–
a
by delivering it to that person;
b
by leaving it at his usual or last-known residence or place of business whether in Jersey or elsewhere;
c
by sending it to him by post at that address; or
d
by sending it to him at that address by telex, by facsimile transmission or other similar means which produce a document containing a text of the communication, in which event the document shall be regarded as served when it is received.
3
This Order applies only to civil aviation accidents and incidents.
Purpose of the investigation of accidents and incidents
4
The sole objective of the investigation of an accident or incident under this Order shall be the prevention of accidents and incidents. It shall not be the purpose of such an investigation to apportion blame or liability.
Duty to furnish information relating to accidents and incidents
5
1
Where an accident or a serious incident occurs in respect of which, by virtue of article 8(3) below, the Chief Inspector is required to carry out, or to cause an Inspector to carry out, an investigation, the relevant person and, in the case of an accident or a serious incident occurring on or adjacent to an aerodrome, the aerodrome authority shall forthwith give notice thereof to the Chief Inspector by the quickest means of communication available and, in the case of an accident, shall also notify forthwith the Chief Officer of the States of Jersey Police Force of the accident and of the place where it occurred.
2
In this article the expression “relevant person” means the commander of the aircraft involved at the time of the accident or serious incident or, in the event that he is killed or incapacitated, the operator of the aircraft.
3
The notice to the Chief Inspector referred to in paragraph (1) above shall contain as much of the following information as is available–
a
in the case of an accident, the identifying abbreviation “ACCID” or, in the case of a serious incident, the identifying abbreviation “INCID ”;
b
the type, model and the nationality and registration marks of the aircraft;
c
the name of the owner, operator and hirer (if any) of the aircraft;
d
the name of the commander of the aircraft;
e
the date and Co-ordinated Universal Time ( UTC ) of the accident or serious incident;
f
the last point of departure and the next point of intended landing of the aircraft;
g
the position of the aircraft by reference to some easily defined geographical point and latitude and longitude;
h
the number of–
i
crew on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
ii
passengers on board the aircraft at the time of the accident or serious incident and, in the case of an accident, the number of them killed or seriously injured as a result of the accident;
iii
in the case of an accident, other persons killed or seriously injured as a result of the accident;
i
the nature of the accident or serious incident and the extent of the damage to the aircraft as far as is known.
4
Where an incident, other than a serious incident, takes place in or over Jersey, the owner, operator, commander or hirer of the aircraft shall, if so required by notice given to him by the Chief Inspector, send to the Chief Inspector such information as is in his possession or control with respect to the incident in such form and at such times as may be specified in the notice.
6
Subject to the provisions of articles 11(4)(b) and 18 below, the Chief Inspector may at any time publish, or cause to be published, in Jersey, information relating to an accident or incident whether or not such accident or incident is the subject of an investigation by an Inspector.
Removal of damaged aircraft
7
1
Subject to paragraphs (2) and (3) and article 9 below, where an accident, or a serious incident which results in the withdrawal from service of an aircraft, occurs in or over Jersey, no person other than an authorised person shall have access to the aircraft involved and neither the aircraft nor its contents shall, except under the authority of the Bailiff, be removed or otherwise interfered with.
2
The aircraft may be removed or interfered with so far as may be necessary for the purpose of–
a
extricating persons or animals;
b
removing any mail, valuables or dangerous goods carried by the aircraft;
c
preventing destruction by fire or other cause;
d
preventing any danger or obstruction to the public, air navigation or other transport;
e
removing any other property from the aircraft under the supervision of an Inspector or with the agreement of an Inspector or of a police officer.
3
If an aircraft is wrecked on water, the aircraft or any of its contents may be removed to such extent as may be necessary for bringing it or them to a place of safety.
4
In this article the expression “authorised person” means–
a
any person authorised by the Bailiff either generally or specially to have access to any aircraft involved in an accident or serious incident;
b
any police officer;
c
any customs officer;
d
the Airport Director appointed pursuant to Article 2 of the Aerodromes (Administration) (Jersey) Law 1952 .
Inspectors of Air Accidents
8
1
For the purpose of carrying out investigations into accidents and incidents to which this Order applies, the Bailiff shall, subject to paragraph (2) below, appoint persons as Inspectors of Air Accidents for Jersey, one of whom shall be appointed by the Bailiff as Chief Inspector of Air Accidents for Jersey.
2
The Chief Inspector and any Inspectors shall be appointed from the body of Inspectors of Air Accidents in the Air Accidents Investigation Branch of the Department of the Environment, Transport and the Regions of the United Kingdom.
3
The Chief Inspector shall carry out, or cause an Inspector to carry out, an investigation into accidents and serious incidents which occur in or over Jersey.
4
The Chief Inspector may, when he expects to draw air safety lessons from it, carry out, or cause an Inspector to carry out, an investigation into an incident, other than a serious incident, which occurs in or over Jersey.
5
The Chief Inspector may delegate the task of carrying out an investigation into an accident or incident in accordance with paragraph 5.1 or 5.1.1 of the Annex to another Contracting State.
6
Where the Chief Inspector delegates the task of carrying out an investigation pursuant to paragraph (5) above, he shall so far as he is able, facilitate inquiries by the investigator appointed by the relevant Contracting State.
7
Without prejudice to the power of an Inspector to seek such advice or assistance as he may deem necessary in making an investigation, the Bailiff may at the request of the Chief Inspector appoint persons to assist an Inspector in a particular investigation and such persons shall for the purpose of so doing have such of the powers of an Inspector under this Oder as may be specified in their appointment.
8
The Chief Inspector may arrange for any of his powers and obligations under this Order to be performed on his behalf by an Inspector designated by him to be his deputy.
9
In any case where the Chief Inspector causes more than one Inspector to carry out an investigation he shall nominate one of them to be in overall charge of the investigation.
Powers of Inspectors
9
1
For the purpose of enabling him to carry out an investigation into an accident or incident in the most efficient way and within the shortest time, an investigating Inspector is hereby authorised, where appropriate in co-operation with the authorities responsible for the judicial inquiry, to–
a
have free access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;
b
ensure an immediate listing of evidence and controlled removal of debris or components for examination or analysis purposes;
c
have immediate access to and use of the contents of the flight recorders and any other recordings;
d
have access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of victims;
e
have immediate access to the results of examination of people involved in the operation of the aircraft or of tests made on samples taken from such people;
f
examine witnesses; and
g
have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft and by the authorities responsible for civil aviation or airport operation.
2
For the purpose of paragraph (1) above an investigating Inspector shall have power–
a
by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the investigating Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation;
b
to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;
c
on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the investigating Inspector to be requisite for the purposes of the investigation;
d
on production if required of his credentials, to remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to the investigating Inspector requisite for the purposes of the investigation; and
e
to take such measures for the preservation of evidence as he considers appropriate.
3
Every person summoned by an investigating Inspector under paragraph (2)(a) above shall be allowed such expenses as the Committee may determine.
4
In this Order “operator” shall have the meaning given by Article 3 of the Directive and “in co-operation with the authorities responsible for the judicial inquiry” shall have the same meaning as in the Directive.
Form and conduct of investigations
10
The extent of investigations and the procedure to be followed in carrying out investigations required or authorised under this Order shall be determined by the Chief Inspector taking account of the purpose described in article 4 above, the principles and objectives of the Directive and the lessons he expects to draw from the accident or incident for the improvement of safety.
Inspector’s Report
11
1
On completion of an investigation into an accident or incident, the investigating Inspector shall prepare a report of the investigation in a form appropriate to the type and seriousness of the accident or incident.
2
If it appears to the investigating Inspector that the investigation of any accident or incident involving a collision between a civil aircraft and a military aircraft has been completed but for the investigation of matters affecting the discipline or internal administration of any of Her Majesty’s naval, military or air forces or by the naval, military or air forces of any other country which are more appropriate for the investigation by some other person or body, the investigation may be treated for the purposes of paragraph (1) above as if it had been completed without such matters being investigated under this Order. In such a case the report of the investigation into the accident or incident shall state those matters to which the investigation has not extended by reason of this paragraph.
3
The report of an investigation into an accident shall state the sole objective of the investigation as described in article 4 above and, where appropriate, contain safety recommendations.
4
The report of an investigation into an incident shall–
a
where appropriate, contain relevant safety recommendations;
b
protect the anonymity of the persons involved in the incident; and
c
be circulated by the investigating Inspector to the parties likely to benefit from its findings with regard to safety.
5
A safety recommendation shall in no case create a presumption of blame or liability for an accident or incident.
6
The Chief Inspector shall submit a copy of every report prepared pursuant to paragraph (1) above to the Secretary of State, the Bailiff and the Committee without delay.
7
In this article the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under article 8(9) above.
Notice of Inspector’s Report and Representations thereon
12
1
No report which is required by article 13 to be published shall be so published if, in the investigating Inspector’s opinion, it is likely to affect adversely the reputation of any person, until the investigating Inspector has–
a
where it appears to him to be practicable to do so, served a notice under this article upon that person, or if that person is a deceased individual, upon the person who appears to him, at the time he proposes to serve notice pursuant to this paragraph, to represent best the interest of the deceased in the matter; and
b
made such changes to the report as he thinks fit following his consideration of any representations which may be made to him in accordance with paragraph (3) below by or on behalf of the person served with such notice.
2
The notice referred to in sub-paragraph (a) of paragraph (1) above shall include particulars of any proposed analysis of facts and conclusions as to the cause or causes of the accident or incident which may affect the person on whom or in respect of whom the notice is served.
3
Any representations made pursuant to sub-paragraph (b) of paragraph (1) above shall be in writing and shall, subject to paragraph (6) below, be served on the investigating Inspector within 28 days of service of the notice referred to in sub-paragraph (a) of paragraph (1) above.
4
A copy of the report submitted to the Secretary of State, the Bailiff and the Committee under article 11(1) above shall be served by the investigating Inspector on any person who has been served with a notice pursuant to paragraph (1) above.
5
No person shall disclose or permit to be disclosed any information contained in any notice or report served on him pursuant to paragraph (1) or (4) above to any other person without the prior consent in writing of the Chief Inspector.
6
The Chief Inspector shall have power to extend the period of 28 days prescribed in paragraph (3) above and this power shall be exercisable notwithstanding that that period has expired.
7
In this article the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigation means the Inspector nominated under article 8(9) above.
Publication of Reports
13
Subject to article 12(1) above, the Chief Inspector shall cause the report of an investigation into an accident or incident to be made public in the shortest time possible (and, if possible, within 12 months of the date of the accident or serious incident) and in such manner as he thinks fit.
Safety recommendations
14
1
The Chief Inspector shall cause the reports referred to in article 13 above, including those not required to be published and including the safety recommendations contained therein, to be communicated to the undertakings or national aviation authorities concerned.
2
Any undertaking or authority to which a safety recommendation is communicated pursuant to paragraph (1) above shall, without delay–
a
take that recommendation into consideration and, where appropriate, act upon it;
b
send to the Committee–
i
full details of the measures, if any, it has taken or proposes to take to implement the recommendation and, in a case where it proposes to implement measures, the timetable for securing that implementation; or
ii
a full explanation as to why the recommendation is not to be the subject of measures to be taken to implement it; and
c
give notice to the Committee if at any time any information provided to the Committee in pursuance of sub-paragraph (b)(i) above concerning the measures it proposes to take or the timetable for securing their implementation is rendered inaccurate by any change of circumstances.
Reopening of Investigation
15
1
The Chief Inspector may cause the investigation of any accident or incident to be reopened and shall do so–
a
if, after the completion of the investigation, evidence has been disclosed which is in his opinion both new and important; or
b
if for any other reason there is in his opinion ground for suspecting that the reputation of any person has been unfairly and adversely affected.
2
Any investigation reopened shall be subject to and conducted in accordance with the provisions of this Order.
Accredited representatives
16
1
Where an investigation of an accident or serious incident is being carried out by an investigating Inspector pursuant to article 8 above, an accredited representative appointed by any of–
a
the State of Registry;
b
the State of Design;
c
the State of Manufacture;
d
the State of the Operator;
e
a Contracting State which has, on request, furnished information, facilities or experts to the investigating Inspector in connection with the accident or serious incident–
may take part in the investigation, that is to say, he shall be permitted to visit the scene of the accident, examine the wreckage, question witnesses, receive copies of all pertinent documents (saving all such just exceptions as may be determined by the investigating Inspector), have access to all relevant evidence and make submissions; and he may be accompanied by such technical and other advisers as may be considered necessary by the authorities of the country or territory by which he is appointed.
2
In this article the expressions “accredited representative”, “ State of Registry”, “State of Design”, “State of Manufacture” and “State of the Operator” have the meanings given to them by Chapter 1 of the Annex and the expression “investigating Inspector” in a case where more than one Inspector is carrying out the task of investigating means the Inspector nominated under article 8(9) above.
Obstruction of Investigation
17
1
No person shall obstruct or impede an Inspector or any person acting under the authority of the Bailiff in the exercise of any powers or duties under this Order.
2
No person shall without reasonable excuse fail, after having had the expenses (if any) to which he is entitled under this Order tendered to him, to comply with any summons of an Inspector holding an investigation.
Disclosure of relevant records
18
1
Subject to paragraphs (2) and (4) to (6) below no relevant record shall be made available by the Secretary of State, the Bailiff or the Committee to any person for purposes other than accident or incident investigation.
2
Nothing in paragraph (1) above shall preclude the Secretary of State, the Bailiff or the Committee making a relevant record available to any person where–
a
in a case where that person is a party to or otherwise entitled to appear at judicial proceedings, the Royal Court has ordered that the relevant record shall be made available to him for the purpose of those proceedings; or
b
in any other circumstances, the Royal Court has ordered that the relevant record shall be made available to him for the purpose of those circumstances.
3
In this article–
a
“Bailiff”, “Committee” and “Secretary of State” include an Inspector and an officer of any of those persons;
b
“judicial proceedings” includes any proceedings before any court, tribunal or person having by law power to hear, receive and examine evidence on oath; and
c
“relevant record” means any item relating to an accident or incident in or over Jersey in the possession, custody or power of the Secretary of State, the Bailiff or the Committee (as the case may be) which is of a kind referred to in sub-paragraphs (a) to (e) of paragraph 5.12 of the Annex.
4
Subject to paragraph (6) below no order shall be made under paragraph (2) above unless the Royal Court is satisfied that the interests of justice in the judicial proceedings or circumstances in question outweigh any adverse domestic and international impact which disclosure may have on the investigation into an accident or incident to which the record relates or any future accident or incident investigation undertaken in Jersey.
5
A relevant record or part thereof shall not be treated as having been made available contrary to paragraph (1) above in any case where that record or part is included in the final report (or the appendices to the final report) of the accident or incident.
6
The provisions of this Order shall be without prejudice to any rule of law which authorises or requires the withholding of any relevant record or part thereof on the ground that the disclosure of it would be injurious to the public interest.
Revocation and transitional provision
19
The Civil Aviation (Investigation of Air Accidents) (Jersey) Order 1975 is hereby revoked, save that it shall continue to apply to any investigation commenced under it prior to the coming into force of this Order.
A. K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 2000.
2
The figure specified by this Order, which is the figure found for the year of assessment 2000–01, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £91,800.
David Jamieson
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Telecommunications (Licence Modification) (Paging Operator Licences) Regulations 2000 and shall come into force on 21st July 2000.
Interpretation
2
In these Regulations —
“the 1984 Act ” means the Telecommunications Act 1984 ;
“the BT Paging licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to British Telecommunications plc on 23 December 1997;
“the former licences” means the relevant licences in the form they were in immediately before the coming into force of these Regulations;
“the Hutchison Paging licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Hutchison Paging ( UK ) Ltd on 30 June 1992;
“the Infowave Paging licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Infowave Ltd on 14 January 1992;
“the modified licences” means the relevant licences as amended by these Regulations;
“the relevant licences” means the licences granted by the Secretary of State under section 7 of the 1984 Act to the persons specified in column 1 of Schedule 1 hereto on the date specified against each person in column 2 thereof;
“the Sprintel Paging licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Sprintel Communications (UK) Ltd (formerly known as Bell Boy Ltd) on 16 May 1990; and
“the Vodafone Paging licence” means the licence granted by the Secretary of State under section 7 of the 1984 Act to Vodafone Paging Ltd (formerly known as Racal Vodapage Ltd) on 15 June 1987.
Modification of the relevant licences
3
The relevant licences are hereby modified as follows: —
a
for the Table of Contents there shall be substituted the Table of Contents set out in Schedule 2 hereto, subject to the modification that, in the case of the BT Paging licence, after condition 7 there shall be inserted the following —
7A
Separate Billing
;
b
in the case of the Sprintel Paging licence and the Vodafone Paging licence, in paragraph 1 for the words “(each such system being hereinafter referred to as ‘the Applicable Systems’)” there shall be substituted the words “(‘the Applicable Systems’)”;
c
in the case of the Hutchison Paging licence, the Infowave Paging licence, the Sprintel Paging licence and the Vodafone Paging licence:
i
in paragraph 1 the words “for the period specified in paragraph 2” shall be deleted;
ii
in paragraph 2 after the word “duration” there shall be added the words “in the first instance but, without prejudice to Schedule 2 to this Licence, shall be subject to revocation thereafter on ten years' notice in writing of such revocation and such notice shall accordingly not be given before the end of the fifteenth year after the granting of the Licence.”; and
iii
for paragraphs 3 to 6 inclusive there shall be substituted the following paragraphs —
Interpretation
3
The Interpretation Act 1978 shall apply for the purposes of interpreting this Licence as if it were an Act of Parliament. In this Licence, except as hereinafter provided or unless the context otherwise requires, words or expressions shall have the meaning assigned to them and otherwise any word or expression shall have the same meaning as it has in the Act. For the purposes of interpreting this Licence, headings and titles shall be disregarded.
4
In this Licence, ‘Licence’ means a licence granted or having effect as if granted under section 7 of the Act.
5
For the purposes of this Licence the ‘Applicable Systems’ means any or all of the telecommunication systems run by the Licensee under this Licence unless the context otherwise requires.
6
Where this Licence provides for any power of the Secretary of State or the Director to give any direction, notice or consent or make any specification, or of the Director to make any designation or determination, it implies, unless the contrary intention appears, a power, exercisable in the same manner and subject to the same conditions or limitations, to revoke, amend or give or make again any such direction, notice, consent, specification, designation or determination; and any reference however expressed to the Director making any determination or giving any direction or consent about any matter shall be construed as making such determination or giving such direction or consent after consultation with the Licensee and where appropriate with any other person who may have a relevant interest in the matter to which the determination, direction or consent relates.
7
Any notification which is required to be given under this Licence by the Secretary of State or the Director shall be satisfied by serving the document by post on the Licensee at the Licensee’s registered office.
;
d
in the case of the relevant licences other than the licences specified in sub-paragraph (c) above, for paragraph 6 there shall be substituted paragraph 6 as set out in sub-sub-paragraph (c)(iii) above;
e
for Schedule 1 there shall be substituted Schedule 1 as set out in Part A of Schedule 3 hereto subject to the modification that, in the case of the BT Paging licence:
i
after the definition of “Relevant Company” there shall be inserted the following definition —
‘Relevant Services Business’ means that part of the Licensee’s activities which consist in the provision of telecommunication services by means of the Applicable Systems;
;
ii
for condition 6 there shall be substituted condition 6 as set out in Part B of that Schedule; and
iii
after condition 7 there shall be inserted condition 7A as set out in Part C of that Schedule;
f
for Schedule 2 there shall be substituted Schedule 2 as set out in Schedule 4 hereto;
g
for Schedule 3 there shall be substituted Schedule 3 as set out in Schedule 5 hereto; and
h
for Annex A there shall be substituted Annex A as set out in Schedule 6 hereto.
Transitional provisions
4
1
So far as anything done or treated as done under or for the purposes of any provision of the former licences could have been done under or for the purposes of the corresponding provision of the modified licences, it shall have effect as if done under or for the purposes of the corresponding provision; and any direction, notice, consent, specification, designation or determination or other decision made or having effect under any provision of the former licences shall be treated for all purposes as made and having effect under the corresponding provision.
2
Where any period of time specified in a provision of the former licences is current immediately before the coming into force of these Regulations, the corresponding provision of the modified licences shall have effect as if that period of time —
a
ran from the date or event from which it was running immediately before the coming into force of these Regulations, and
b
expired whenever it would have expired if the former licences had not been modified;
and any rights, liabilities, obligations or requirements dependent on the beginning, duration or end of such a period as mentioned above shall be under the modified licences as they were or would have been under the former licences.
Patricia Hewitt
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
28th June 2000


text:
Commencement and citation
1
This Order may be cited as The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 Variation Order 2000, and shall come into force on 24th March 2000.
Variations
2
The A4 Trunk Road (Hillingdon) Red Route (Clearway) Traffic Order 1996 is varied by the following provisions of this Order.
3
In schedule 1 Item 1 is substituted as follows:
1
The A4 Bath Road/Colnbrook By-Pass between a point 17 metres east of the eastern kerbline of Stanwell Moor Road and a point 116 metres west of the western boundary of 104 Bath Road
.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
6th March 2000


text:
Citation and commencement
1
This Order may be cited as the Grantham and District Hospital, the Lincoln and Louth and the Pilgrim Health National Health Service Trusts (Dissolution) Order 2000 and shall come into force on 1st April 2000.
Dissolution of NHS trusts
2
1
The Grantham and District Hospital National Health Service Trust established by the Grantham and District Hospital National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Lincoln and Louth National Health Service Trust established by the Lincoln Hospitals National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The Pilgrim Health National Health Service Trust established by the Pilgrim Health National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
18th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Government (Various Provisions) Order 2000 and shall come into force on 24th April 2000.
2
For the purposes of this Order —
a
“the 1999 Act ” means the Greater London Authority Act 1999;
b
“the operative date” —
i
in relation to the Greater London Authority, means 8th May 2000, and
ii
in relation to the London Development Agency, means 3rd July 2000; and
c
a reference to a relevant body is a reference to the Greater London Authority or the London Development Agency.
Preliminary financial arrangements
2
1
Arrangements in relation to a relevant body as to any matter specified in the Schedule to this Order made, before the operative date, by the chief finance officer, shall have effect on and after that date until replaced or altered by that body.
2
In this article “chief finance officer” in relation to a relevant body means the person who is, by virtue of his appointment under section 407 of the 1999 Act, for the time being the chief finance officer of the body.
Preliminary standing orders
3
1
For the purposes of section 52 of the 1999 Act, the first meeting of the Assembly shall be held in accordance with standing orders prepared for the purposes of this article by the head of paid service.
2
The standing orders prepared in accordance with paragraph (1) shall provide for —
a
giving notice of the meeting;
b
preparation of the agenda for the meeting;
c
election of the Chair and Deputy Chair of the Assembly;
d
declaration of the results of those elections;
e
the meeting to be chaired by the head of paid service until those results have been declared; and
f
preparation of minutes of the meeting.
3
In this article “the head of paid service” means the person who is, by virtue of his appointment under section 407 of the 1999 Act, for the time being head of the Greater London Authority’s paid service.
Disapplication of the Public Records Act 1958
4
1
The records specified in paragraph (2) shall not be treated as public records for the purposes of the Public Records Act 1958 .
2
The records are —
a
records held by the Secretary of State for the Environment, Transport and the Regions and transferred to him by a transfer scheme under section 409 of the 1999 Act made in consequence of any of the following provisions of that Act —
i
section 349 (abolition of joint planning committee for Greater London);
ii
section 374 (abolition of London Ecology Committee);
iii
section 396(10) (revocation of scheme about research and collection of information under section 88(1) of the Local Government Act 1985 ); and
b
records created before 3rd July 2000 by persons who entered the employment of the Secretary of State pursuant to any such transfer scheme —
i
exclusively in connection with any purpose of the 1999 Act, and
ii
before 3rd July 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
3rd April 2000


text:
Citation and commencement
1
These Regulations may be cited as The M65 Motorway (Junction 1A) (Speed Limit) Regulations 2000 and shall come into force on 30th October 2000.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on the restricted length of the motorway.
2
“the restricted length of the motorway” means the exit slip road leading from the westbound carriageway of the M65 motorway, at Chorley, in the County of Lancashire, from a point 200.1 metres west of the centreline of the A49 Wigan Road (Underbridge) to a point 440.7 metres west of the centreline of the A49 Wigan Road (Underbridge), a total distance of 240.6 metres.
Signed by the Authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
29th September 2000


text:
Citation and commencement
1
This Order may be cited as the European Communities (Designation) Order 2000 and shall come into force on 6th April 2000.
Designation of Ministers or government departments
2
1
For the purposes of section 2(2) of the European Communities Act 1972, the Ministers or government departments specified in column (1) of the Schedule to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where more than one Minister or government department is designated by this Order in relation to any matter, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
3
Regulations made by a Northern Ireland department in pursuance of this Order, that are not made jointly with a Minister, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Road Transport (Passenger Vehicles Cabotage) (Amendment) Regulations 2000 and shall come into force on 28th December 2000.
Amendment of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999
2
For regulation 5(2) of the Road Transport (Passenger Vehicles Cabotage) Regulations 1999 there shall be substituted —
2
For the purposes of articles 7, 9 and 11(2) and (3) of the Council Regulation the competent authority shall be the Secretary of State.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
22nd November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations 2000 and shall come into force on 19th June 2000.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Departure Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
“the Industrial Injuries Regulations ” means the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 ;
“the Maintenance Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ; and
“the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Amendment of the Industrial Injuries Regulations
2
In regulation 7(4) for the words “review of the assessment” to the end of that regulation there shall be substituted the words “a supersession of the assessment relating to the relevant period.”.
Amendment of the Claims and Payments Regulations
3
In regulation 6 —
a
for paragraphs (16) to (26) there shall be substituted the following paragraphs —
16
Where a person has claimed a relevant benefit and that claim (“the original claim”) has been refused in the circumstances specified in paragraph (17), and a further claim is made in the additional circumstances specified in paragraph (18), that further claim shall be treated as made —
a
on the date of the original claim; or
b
on the first date in respect of which the qualifying benefit was payable,
whichever is the later.
17
The circumstances referred to in paragraph (16) are that the ground for refusal was —
a
in the case of severe disablement allowance, that the claimant’s disablement was less than 80 per cent.;
b
in the case of invalid care allowance, that the disabled person was not a severely disabled person within the meaning of section 70(2) of the Contributions and Benefits Act ;
c
in any case, that the claimant had not been awarded a qualifying benefit.
18
The additional circumstances referred to in paragraph (16) are that —
a
the claimant had made a claim for the qualifying benefit not later than ten days after the date of the original claim, and the claim for the qualifying benefit had not been decided;
b
after the original claim had been decided the claim for the qualifying benefit had been decided in the claimant’s or the disabled person’s favour; and
c
the further claim was made within three months of the date on which the claim for the qualifying benefit was decided.
19
Where a person has been awarded a relevant benefit and that award (“ the original award”) has been terminated in the circumstances specified in paragraph (20), and a further claim is made in the additional circumstances specified in paragraph (21), that further claim shall be treated as made —
a
on the date of termination of the original award; or
b
on the first date in respect of which the qualifying benefit again becomes payable,
whichever is the later.
20
The circumstances referred to in paragraph (19) are that the award of the qualifying benefit has itself been terminated or reduced by means of a revision, supersession or appeal in such a way as to affect the award of the relevant benefit.
21
The additional circumstances referred to in paragraph (19) are that —
a
after the original award has been terminated the claim for the qualifying benefit is decided in the claimant’s or the disabled person’s favour; and
b
the further claim is made within three months of the date on which the qualifying benefit is re-awarded, following revision, supersession or appeal.
22
In paragraphs (16) to (21) —
“relevant benefit” means any of the following, namely —
benefit under Parts II to V of the Contributions and Benefits Act except incapacity benefit;
income support;
a jobseeker’s allowance;
a social fund payment mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
child benefit;
“qualifying benefit” means —
in relation to severe disablement allowance, the highest rate of the care component of disability living allowance;
in relation to invalid care allowance, any benefit or payment referred to in section 70(2) of the Contributions and Benefits Act;
in relation to a social fund payment in respect of maternity or funeral expenses, any benefit referred to in regulation 5(1)(a) or 7(1)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ;
any other relevant benefit which has the effect of making another relevant benefit payable or payable at an increased rate;
“the disabled person” means the person for whom the invalid care allowance claimant is caring in accordance with section 70(1)(a) of the Contributions and Benefits Act.
23
Where a person has ceased to be entitled to incapacity benefit, and a further claim for that benefit is made in the circumstances specified in paragraph (24), that further claim shall be treated as made —
a
on the date on which entitlement to incapacity benefit ceased; or
b
on the first date in respect of which the qualifying benefit was payable,
whichever is the later.
24
The circumstances referred to in paragraph (23) are that —
a
entitlement to incapacity benefit ceased on the ground that the claimant was not incapable of work;
b
at the date that entitlement ceased the claimant had made a claim for a qualifying benefit and that claim had not been decided;
c
after entitlement had ceased, the claim for the qualifying benefit was decided in the claimant’s favour; and
d
the further claim for incapacity benefit was made within three months of the date on which the claim for the qualifying benefit was decided.
25
In paragraphs (23) and (24) “qualifying benefit” means any of the payments referred to in regulation 10(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 .
26
In paragraphs 18(a) and (c), 21(a), 24 and in paragraph 18(b) where the word appears for the second time, “decided” includes the making of a decision following a revision, supersession or an appeal, whether by the Secretary of State, an appeal tribunal, a Commissioner or the court.
; and
b
in paragraph (29) for the words “paragraphs (16) and (21)” there shall be substituted the words “paragraphs (16) and (19)”.
4
1
In regulation 26(1) the words “, the date from which a superseding decision on the ground of a relevant change of circumstances has effect” shall be omitted;
2
In regulation 26A paragraphs (4) to (8) shall be omitted.
5
In Schedule 7 the words “, EFFECTIVE DATE OF SUPERSEDING DECISION” shall be omitted from the heading and paragraph 7 shall be omitted.
Amendment of the Maintenance Regulations
6
In regulation 1(2), in the definition of “official error” for sub-paragraph (b) there shall be substituted —
b
a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,
but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;
.
7
In regulation 17, in paragraph (6)(a)(i) for the words “the date as from which the decision had effect” there shall be substituted the words “ the date on which the decision was made”.
8
In regulation 20, in paragraph (3)(a)(i) for the words “since the decision was made” there shall be substituted the words “since the date from which the decision had effect”.
9
In regulation 23 —
a
in paragraph (2) for the words “Where a decision is superseded” there shall be substituted the words “Subject to paragraph (19), where a decision is superseded”;
b
in paragraph (4) for the words “Where a superseding decision is made ” there shall be substituted the words “Subject to paragraph (19), where a superseding decision is made”; and
c
after paragraph (18) there shall be added the following paragraph —
19
Where a superseding decision is made in a case to which regulation 20(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect as from the first day of the maintenance period in which the change occurred.
.
Amendment of the Departure Regulations
10
In regulation 1(2), in the definition of “official error” for sub-paragraph (b) there shall be substituted —
b
a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,
but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Child Support Commissioner or the court;
.
11
In regulation 8 paragraph (8) shall be omitted.
12
In regulation 32A, in paragraph (2)(a)(i) for the words “the date from which the decision had effect” there shall be substituted the words “ the date on which the decision was made”.
13
In regulation 32E —
a
in paragraph (2) for the words “(3) and (5)” there shall be substituted the words “(3), (5) and (12)”;
b
in paragraph (3) for the words “Where a decision” there shall be substituted the words “Subject to paragraph (12), where a decision”; and
c
after paragraph (11) there shall be added the following paragraph —
12
Where a superseding decision is made in a case to which regulation 32D(2)(a) or (3) applies and the material circumstance is the death of a qualifying child or a qualifying child ceasing to be a qualifying child, the decision shall take effect as from the first day of the maintenance period in which the change occurred.
.
Amendment of the principal Regulations
14
In regulation 1(3) —
a
after the definition of “designated authority” there shall be inserted the following definition —
“family” has the same meaning as in section 137 of the Contributions and Benefits Act;
;
b
in the definition of “official error” for sub-paragraph (b) there shall be substituted —
b
a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,
but excludes any error of law which is only shown to have been an error by virtue of a subsequent decision of a Commissioner or the court;
; and
c
after the definition of “referral” there shall be inserted the following definition —
“relevant credit” means a credit of contributions or earnings resulting from a decision in accordance with regulations made under section 22(5) of the Contributions and Benefits Act;
.
15
In regulation 3 for paragraph (7) there shall be substituted the following paragraph —
7
A decision under section 8 or 10 may be revised where —
a
the Secretary of State, appeal tribunal or Commissioner has awarded entitlement to a relevant benefit; and
b
on the date that entitlement arises, the claimant or a member of his family becomes entitled to, and is paid, another relevant benefit or an increase in the rate of another relevant benefit.
.
16
In regulation 6(2) for sub-paragraph (e) there shall be substituted the following sub-paragraph —
e
is a decision where —
i
the claimant has been awarded entitlement to a relevant benefit; and
ii
on a date after that entitlement arises, the claimant or a member of his family becomes entitled to, and is paid, another relevant benefit or an increase in the rate of another relevant benefit;
.
17
In regulation 7 —
a
for sub-paragraph (a) of paragraph (1) there shall be substituted the following sub-paragraph —
a
is, except for paragraph (2)(b), subject to Schedule 3A; and
;
b
after sub-paragraph (b) of paragraph (2), there shall be inserted the following sub-paragraph —
bb
where the decision is advantageous to the claimant and is made on the Secretary of State’s own initiative, from the date on which the Secretary of State commenced action with a view to supersession;
;
c
for paragraph (5) there shall be substituted the following paragraph —
5
Where the Secretary of State supersedes a decision made by an appeal tribunal or a Commissioner on the grounds specified in regulation 6(2)(c) (ignorance of, or mistake as to, a material fact), the decision under section 10 shall take effect, in a case where, as a result of that ignorance of or mistake as to material fact, the decision to be superseded was more advantageous to the claimant than it would otherwise have been and which either —
a
does not relate to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination; or
b
relates to a disability benefit decision or an incapacity benefit decision where there has been an incapacity determination, and the Secretary of State is satisfied that at the time the decision was made the claimant or payee knew or could reasonably have been expected to know of the fact in question and that it was relevant to the decision,
from the date on which the decision of the appeal tribunal or the Commissioner took, or was to take, effect.
;
d
for paragraph (7) there shall be substituted the following paragraph —
7
A decision which falls to be superseded under regulation 6(2)(e) shall be superseded as from the date on which the claimant or member of his family becomes entitled to and receives the relevant benefit or increase in benefit referred to in regulation 6(2)(e)(ii).
; and
e
in paragraph (9)(a) for the words “the date of that decision” there shall be substituted the words “the date on which the Secretary of State commenced action with a view to supersession”.
18
In regulation 7A —
a
in the heading and in paragraph (1) for the words “and 7(2)(c)” there shall be substituted the words “, 7(2)(c) and (5)”;
b
in the definition of “incapacity benefit decision” after the words “ relevant benefit” there shall be inserted the words “or relevant credit ”; and
c
in the definition of “incapacity determination” for the words “ all work test” there shall be substituted the words “personal capability assessment” .
19
After regulation 12 there shall be inserted the following regulation —
Recrudescence of a prescribed disease
12A
1
This regulation applies to a decision made under sections 108 to 110 of the Contributions and Benefits Act where a disease is subsequently treated as a recrudescence under regulation 7 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 .
2
Where this regulation applies Chapter II of Part I of the Act shall apply as if section 8(2) did not apply.
.
20
In regulation 16 for paragraph (4) there shall be substituted the following paragraph —
4
For the purposes of section 21(3)(c) an appeal is pending where a decision of an appeal tribunal, a Commissioner or a court has been made and the Secretary of State —
a
is awaiting receipt of that decision or (in the case of an appeal tribunal decision) is considering whether to apply for a statement of the reasons for it, or has applied for such a statement and is awaiting receipt thereof; or
b
has received that decision or (in the case of an appeal tribunal decision) the statement of the reasons for it, and is considering whether to apply for leave to appeal, or, where leave to appeal has been granted, is considering whether to appeal;
and the Secretary of State shall give written notice of his proposal to make a request for a statement of the reasons for a tribunal decision, to apply for leave to appeal, or to appeal, as soon as reasonably practicable.
.
21
In regulation 20 —
a
paragraph (1)(c) shall be omitted; and
b
for paragraphs (2) and (3) there shall be substituted the following paragraphs —
2
Where regulation 16(3)(b)(i) applies, payment of a benefit suspended shall be made if the Secretary of State —
a
does not, in the case of a decision of an appeal tribunal, apply for a statement of the reasons for that decision within the period of one month specified in regulation 53(4);
b
does not, in the case of a decision of an appeal tribunal, a Commissioner or a court, make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;
c
withdraws an application for leave to appeal or the appeal; or
d
is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal.
3
Where regulation 16(3)(b)(ii) applies, payment of a benefit suspended shall be made if the Secretary of State, in relation to the decision of a Commissioner or the court in a different case —
a
does not make an application for leave to appeal and (where leave to appeal is granted) make the appeal within the time prescribed for the making of such applications and appeals;
b
withdraws an application for leave to appeal or the appeal; or
c
is refused leave to appeal, in circumstances where it is not open to him to renew the application for leave or to make a further application for leave to appeal.
.
22
In regulation 26, after paragraph (b) there shall be inserted the following —
or
c
under Schedule 6 to the Contributions and Benefits Act (assessment of extent of disablement) in relation to sections 103 (disablement benefit) and 108 (prescribed diseases) of that Act for the purposes of industrial injuries benefit under Part V of that Act.
.
23
In regulation 33, after paragraph (9), there shall be added the following paragraph —
10
The Secretary of State may discontinue action on an appeal where the appeal has not been forwarded to the clerk to an appeal tribunal or to a legally qualified panel member and the appellant has given written notice that he does not wish the appeal to continue.
.
24
In regulation 36 —
a
in paragraph (1) the words “, including an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48,” shall be omitted;
b
in paragraph (2) for the words “paragraphs (3) to (5)” there shall be substituted the words “paragraphs (3) to (5), (8) and (9)”;
c
in paragraph (2)(a)(i) for the words “all work test” there shall be substituted the words “personal capability assessment”;
d
in paragraph (2)(b)(i) after the words “the appeal” there shall be inserted the words “(not being an appeal where the only issue is whether there should be a declaration of an industrial accident under section 29(2)) ”;
e
in paragraph (5) for the words “or (3)” there shall be substituted the words “, (3) or (9)”;
f
in paragraph (6) for the words “a disability working allowance” there shall be substituted the words “a disabled person’s tax credit” ;
g
in paragraph (7) for the words “all work test” there shall be substituted the words “personal capability assessment”; and
h
after paragraph (7) there shall be added the following paragraphs —
8
A person shall not act as a medically qualified panel member of an appeal tribunal in any appeal if he has at any time advised or prepared a report upon any person whose medical condition is relevant to the issue in the appeal, or has at any time regularly attended such a person.
9
Subject to paragraph (5), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 48 shall consist of a legally qualified panel member.
.
25
In regulation 42 —
a
in paragraph (1) —
i
the words “the consideration and determination of” and “before an appeal tribunal” shall be omitted; and
ii
for the words “the chairman, or in the case of an appeal tribunal which has only one member, in the opinion of that member,” there shall be substituted the words “a legally qualified panel member”; and
b
in paragraph (2) for the words “the chairman, or in the case of an appeal tribunal which has only one member, that member,” there shall be substituted the words “a legally qualified panel member”.
26
In regulation 47 for the words “or regulation 48(2)” there shall be substituted the words “or 48”.
27
In regulation 49(10), after the words “any witness” there shall be added the words “or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the clerk”.
28
In regulation 53(4) —
a
the words “a copy of” shall be omitted; and
b
after the words “regulation 54” there shall be added the words “ and following that application the chairman or, as the case may be, that member shall record a statement of the reasons and a copy of that statement shall be sent or given to every party to the proceedings as soon as may be practicable ”.
29
In regulation 54 —
a
in paragraph (1) the words “a copy of” shall be omitted, and after the words “are satisfied, but” there shall be inserted the words “ , subject to paragraph (13),”;
b
after paragraph (12) there shall be added the following paragraph —
13
In calculating the time specified for applying in writing for a statement of the reasons for the tribunal’s decision there shall be disregarded any day which falls before the day on which notice was given of —
a
a correction of a decision or the record thereof pursuant to regulation 56; or
b
a determination that a decision shall not be set aside following an application made under regulation 57.
.
30
In regulation 56(1) for the words “, or where the clerk refers the matter to a legally qualified panel member, that member,” there shall be substituted the words “or a legally qualified panel member”.
31
In regulation 57 —
a
for paragraph (3) there shall be substituted the following paragraph —
3
An application under this regulation shall —
a
be made within one month of the date on which —
i
a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or
ii
the statement of the reasons for the decision is given or sent in accordance with regulation 53(4),
whichever is the later;
b
be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;
c
contain particulars of the grounds on which it is made; and
d
be sent to the clerk to the appeal tribunal.
; and
b
after paragraph (5) there shall be added the following paragraphs —
6
The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.
7
An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and shall be determined by a legally qualified panel member.
8
An application for an extension of time shall not be granted unless the panel member is satisfied that —
a
if the application is granted there are reasonable prospects that the application to set aside will be successful; and
b
it is in the interests of justice for the application for an extension of time to be granted.
9
For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (10) are relevant to that application; or
b
some other special circumstances exist which are wholly exceptional and relevant to that application,
and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).
10
For the purposes of paragraph (9)(a) the special circumstances are that —
a
the applicant or a spouse or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
11
In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.
12
An application under this regulation for an extension of time which has been refused may not be renewed.
.
32
After regulation 57 there shall be inserted the following regulations —
Provisions common to regulations 56 and 57
57A
1
In calculating any time specified for appealing to a Commissioner from a decision of an appeal tribunal there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or the record thereof pursuant to regulation 56 or on which notice is given of a determination that a decision shall not be set aside following an application made under regulation 57, as the case may be.
2
There shall be no appeal against a correction made under regulation 56 or a refusal to make such a correction or against a determination given under regulation 57.
3
Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Interpretation of Chapter V
57B
In Chapter V, except in regulation 58, “Commissioner” includes Child Support Commissioner.
.
33
In regulation 58(6) after the words “of that tribunal,” shall be inserted the words “or if the President considers it necessary or expedient for the purpose of supervising panel members or in the monitoring of decision-making by panel members,”.
34
In Schedule 2 —
a
in paragraph 5 sub-paragraph (b) shall be omitted;
b
in paragraph 13 the words “which embodies a determination” shall be omitted; and
c
in paragraph 19(3) the words “which embodies a determination” shall be omitted.
35
After Schedule 3 there shall be inserted the following Schedule —
SCHEDULE 3A
Regulation 7(1)(a)
Date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or jobseeker’s allowance.
Income Support
1
Subject to paragraphs 2 to 6, where the amount of income support payable under an award is changed by a superseding decision made on the ground of a change of circumstances, that superseding decision shall take effect —
a
where income support is paid in arrears, from the first day of the benefit week in which the relevant change of circumstances occurs or is expected to occur; or
b
where income support is paid in advance, from the date of the relevant change of circumstances, or the day on which the relevant change of circumstances is expected to occur, if either of those days is the first day of the benefit week and otherwise from the next following such day,
and for the purposes of this paragraph any period of residence in temporary accommodation under arrangements for training made under section 2 of the Employment and Training Act 1973 or section 2 of the Enterprise and New Towns (Scotland) Act 1990 for a period which is expected to last for seven days or less shall not be regarded as a change of circumstances.
2
In the cases set out in paragraph 3, the superseding decision shall take effect from the day on which the relevant change of circumstances occurs or is expected to occur.
3
The cases referred to in paragraph 2 are where —
a
income support is paid in arrears and entitlement ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 124(1)(b) of the Contributions and Benefits Act ;
b
a child or young person referred to in regulation 16(6) of the Income Support Regulations (child in care of local authority or detained in custody) lives, or is expected to live, with the claimant for part only of the benefit week;
c
a claimant or his partner (as defined in regulation 2(1) of the Income Support Regulations) enters, or is expected to enter, a nursing home or a residential care home (as defined in regulation 19(3) of those Regulations) or residential accommodation (as defined in regulation 21(3)(a) to (d) of those Regulations) for a period of not more than 8 weeks;
d
a person referred to in paragraph 1, 2, 3 or 18 of Schedule 7 to the Income Support Regulations —
i
ceases, or is expected to cease, to be a patient; or
ii
a member of his family ceases, or is expected to cease, to be a patient,
in either case for a period of less than a week;
e
a person referred to in paragraph 8 of Schedule 7 to the Income Support Regulations —
i
ceases to be a prisoner; or
ii
becomes a prisoner;
f
a person to whom section 126 of the Contributions and Benefits Act (trade disputes) applies —
i
becomes incapable of work by reason of disease or bodily or mental disablement; or
ii
enters the maternity period (as defined in section 126(2) of that Act) or the day is known on which that person is expected to enter the maternity period;
g
during the currency of the claim, a claimant makes a claim for a relevant social security benefit —
i
the result of which is that his benefit week changes; or
ii
under regulation 13 of the Claims and Payment Regulations and an award of that benefit on the relevant day for the purposes of that regulation means that his benefit week is expected to change.
4
A superseding decision made in consequence of a payment of income being treated as paid on a particular day under regulation 31(1)(b) or (2) or 39C(3) of the Income Support Regulations (date on which income is treated as paid) shall take effect from the day on which that payment is treated as paid.
5
Where —
a
it is decided upon supersession on the ground of a relevant change of circumstances that the amount of income support is, or is to be, reduced; and
b
the Secretary of State certifies that it is impracticable for a superseding decision to take effect from the day prescribed in the preceding paragraphs of this Schedule (other than where paragraph 3(g) or 4 applies),
that superseding decision shall take effect —
i
where the relevant change has occurred, from the first day of the benefit week following that in which that superseding decision is made; or
ii
where the relevant change is expected to occur, from the first day of the benefit week following that in which that change of circumstances is expected to occur.
6
Where —
a
a superseding decision (“the former supersession”) was made on the ground of a relevant change of circumstances in the cases set out in paragraphs 3(b) to (g); and
b
that superseding decision is itself superseded by a subsequent decision because the circumstances which gave rise to the former supersession cease to apply (“the second change”), that subsequent decision shall take effect from the date of the second change.
Jobseeker’s Allowance
7
Subject to paragraphs 8 to 11, where a decision in respect of a claim for jobseeker’s allowance is superseded on the ground that there has been or there is expected to be, a relevant change of circumstances, the supersession shall take effect from the first day of the benefit week (as defined in regulation 1(3) of the Jobseeker’s Allowance Regulations) in which that relevant change of circumstances occurs or is expected to occur.
8
Where the relevant change of circumstances giving rise to the supersession is that —
a
entitlement to jobseeker’s allowance ends, or is expected to end, for a reason other than that the claimant no longer satisfies the provisions of section 3(1)(a) of the Jobseekers Act ; or
b
a child or young person who is normally in the care of a local authority or who is detained in custody lives, or is expected to live, with the claimant for a part only of the benefit week; or
c
the claimant or his partner enters, or is expected to enter, a nursing home or residential care home for a period of not more than 8 weeks; or
d
the partner of the claimant or a member of his family ceases, or is expected to cease, to be a hospital in-patient for a period of less than a week,
the supersession shall take effect from the date that the relevant change of circumstances occurs or is expected to occur.
9
Where the relevant change of circumstances giving rise to a supersession is any of those specified in paragraph 8, and, in consequence of those circumstances ceasing to apply, a further superseding decision is made, that further superseding decision shall take effect from the date that those circumstances ceased to apply.
10
Where, under the provisions of regulation 96 or 102C(3) of the Jobseeker’s Allowance Regulations , income is treated as paid on a certain date and that payment gives rise, or is expected to give rise, to a relevant change of circumstance resulting in a supersession, that supersession shall take effect from that date.
11
Where a relevant change of circumstances occurs which results, or is expected to result, in a reduced award of jobseeker’s allowance then, if the Secretary of State is of the opinion that it is impracticable for a supersession to take effect in accordance with the preceding paragraphs of this Schedule, the supersession shall take effect from the first day of the benefit week following that in which the relevant change of circumstances occurs.
.
Signed by authority of the Secretary of State for Social Security
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
15th June 2000


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stage III) Designation Order 2000 and shall come into force on 5th December 2000.
Interpretation
2
1
In this Order —
“agreement” means an agreement made under section 18(3) of the Agriculture Act 1986 as respects agricultural land in any of the areas designated by article 3 and Part 1 of the relevant Schedule, whether made before or after the coming into force of this Order;
“capital activity” means an activity specified in Part 2 of the relevant Schedule;
“conservation plan” means a plan incorporated into an agreement for the carrying out of one or more capital activities within a specified period;
“cultivated land” means land which is regularly ploughed or otherwise cultivated or that is regularly treated with fertilizers;
“grassland” means land on which the vegetation consists primarily of grass species;
“management activity” means an activity specified in Part 3 of the relevant Schedule;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“public access route” means a strip of land which is the subject of an agreement and to which access is given to the public;
“woodland” means land used for woodland where that use is ancillary to the farming of land for other agricultural purposes.
2
In this Order, any reference to an article or Schedule is to an article of, or Schedule to, this Order, and a reference to “the relevant Schedule” means Schedule 1, 2, 3, 4, 5 or 6 as the case may be.
3
Part IV of the relevant Schedule shall have effect for the purpose of interpreting Parts II and III thereof.
Designation of Stage III environmentally sensitive areas
3
There are hereby designated as environmentally sensitive areas the areas of land described in Part 1 of Schedules 1 to 6.
Matters in respect of which payments may be made
4
1
Payments to be made by the Minister under an agreement may be made in respect of a capital activity or a management activity.
2
In the case of agreements made on or after 22nd June 1998, payments may not be made in respect of —
a
items 9 or 10 in Part 3 of Schedule 1;
b
item 15 in Part 3 of Schedule 5;
c
items 14 or 15 in Part 3 of Schedule 3;
d
item 6 in Part 3 of Schedule 4; or
e
item 10 in Part 3 of Schedule 5.
Rates of payment
5
1
In the case of a management activity, payments to be made by the Minister under an agreement shall not exceed the rate specified in respect of that activity in column 2 of Part 3 of the relevant Schedule.
2
Any works which form part of an activity which constitutes both a management activity and a capital activity may by virtue of an agreement be eligible for payment either as part of a management activity or as part of a capital activity, but the agreement, together with any conservation plan incorporated in it, shall not provide for payment to be made on both such bases in respect of the same works.
Revocation of existing legislation
6
The Orders specified in Schedule 7 are revoked.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th November 2000
We consent,
Jim Dowd and Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 2000


text:
1
These Regulations may be cited as the Fugitive Offenders (Forms) (Amendment) Regulations 2000 and shall come into force on the day on which section 78 of the Access to Justice Act 1999 comes into force.
2
The Schedule to the Fugitive Offenders (Forms) Regulations 1967 shall be amended —
a
by the substitution in Form 1 for the words “To the Chief Metropolitan Stipendiary Magistrate” of the words “To the Senior District Judge (Chief Magistrate) ( or To. . . , a District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate))”;
b
by the substitution in Forms 2 and 3 for the words “metropolitan stipendiary magistrate sitting at Bow Street magistrates' court” and in Forms 1, 4 and 5 for the words “metropolitan stipendiary magistrate” in each place where they occur, of the words “District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate)”;
c
by the substitution in Forms 2, 3 and 4 for the words “Metropolitan Stipendiary Magistrate” of the words “Senior District Judge (Chief Magistrate) ( or . . . District Judge (Magistrates' Courts) designated for the purposes of the Extradition Act 1989 by the Senior District Judge (Chief Magistrate)”;
d
by the substitution in Forms 2, 3, 4 and 5 for the words “metropolitan police force” of the words “. . . police force”;
e
by the deletion in Forms 2, 3 and 4 of the words “In the inner London area”; and
f
by the substitution in Forms 3, 4 and 5 for the words “in the inner London area” of the words “in the United Kingdom”.
Barbara Roche
Minister of State
Home Office
7th August 2000


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment (No. 3) Regulations 2000 and shall come into force on 4th October 2000.
Amendment of regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
In regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain medicinal products on a general sale list) —
a
in paragraph (1), for “paragraphs (2) to (2G) and 3” there is substituted “paragraphs (2) to (2I) and 3”;
b
in paragraph (2A), for “10 tablets” there is substituted “20 tablets”; and
c
after paragraph (2G), there is added —
2H
Where a medicinal product for human use containing famotidine is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 12 tablets.
2I
Where a medicinal product for human use containing heparinoid is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 20 grams of the product.
.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
12th September 2000
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
12th September 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
11th September 2000
Bríd Rodgers
Minister of Agriculture and Rural Development
13th September 2000


text:
1
This Order may be cited as the Value Added Tax (Drugs, Medicines, Aids for the Handicapped and Charities Etc) Order 2000 and shall come into force on 1st April 2000 in relation to supplies made on or after that date.
2
Schedule 8 to the Value Added Tax Act 1994 (zero-rating) shall be amended in accordance with Articles 3 and 4 below.
3
Note (5H) in Group 12 (supplies of drugs, medicines, aids for the handicapped, etc ) shall be amended by inserting after paragraph (e) the following–
ea
a Primary Care Trust established under section 16A of the National Health Service Act 1977 ;
.
4
Note (4) in Group 15 (charities etc) shall be amended by adding after paragraph (i) the following–
j
a Primary Care Trust established under section 16A of the National Health Service Act 1977
.
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
29th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Bassetlaw (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“district” means the district of Bassetlaw;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Bassetlaw (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Bassetlaw
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Bassetlaw
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Parish elections
4
1
The ordinary elections of parish councillors in 2002 for the parishes of Bevercotes, East Markham, Eaton, Gamston, Ranskill, Scrooby, Torworth, West Drayton and West Markham shall not take place; and any parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
2
Elections of all parish councillors for the parishes of Bothamsall, Mattersey and Elkesley shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
3
Where any provision of an order made before the making of this Order requires an election of parish councillors for a parish referred to in paragraph (1) or paragraph (2) to be held on a date other than that for which that paragraph provides, it shall cease to have effect to that extent.
4
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for any parish referred to in paragraph (1) above, as if the reference in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
5
The District of Bassetlaw (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th December 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Lambeth) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Lambeth specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th May 2000


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) (England) Order 2000 and shall come into force on 1st August 2000.
2
In this Order —
“The Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Physical Education” .
3
This Order applies only to pupils at:
a
any community, foundation or voluntary school; or
b
any community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education) Order 1998 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to Physical Education.
4
The examples [and other passages] printed in grey text within square brackets in the Document (which serve to illustrate the programmes of study described therein [or relate to background information]) do not form part of the provisions made by this Order.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
13th June 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Barnet) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Barnet specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th May 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Transport Users' Committee (Transitional Provisions) Order 2000 and shall come into force on 28th June 2000.
2
In this Order —
“ the Act ” means the Greater London Authority Act 1999;
“the 1984 Act ” means the London Regional Transport Act 1984 ;
“the LRPC ” means the London Regional Passengers' Committee;
“the LTUC ” means the London Transport Users' Committee; and
“the transfer date” means 3rd July 2000.
Final report and accounts of LRPC
2
1
Section 40(10) (annual reports of the LRPC) of the 1984 Act shall apply in relation to the years beginning in 1999 and 2000 as if together they constituted a single year.
2
The final accounts of the LRPC shall be submitted to the Secretary of State by such officer of the LTUC as he may appoint for that purpose.
3
The LTUC shall at all reasonable times permit any person for the time being appointed for the purpose of auditing the final accounts of the LRPC such access to all such documents as may reasonably be required for the purposes of the audit.
Superannuation of LRPC staff
3
1
All rights and liabilities arising under or in connection with any arrangements (‘the relevant pension arrangements’) made for the payment of pensions under paragraph 7 of Schedule 3 to the 1984 Act (pensions for LRPC staff) shall have effect on and after the transfer date as if they had arisen under or in connection with the Principal Civil Service Pension Scheme.
2
All property held on and after the transfer date for the purposes of the relevant pension arrangements shall be held for the purposes of the Principal Civil Service Pension Scheme.
3
The persons to whom section 1 (persons to or in respect of whom benefits may be provided by schemes under that section) of the Superannuation Act 1972 applies shall include persons who at any time before the transfer date —
a
have ceased to serve in employment with the LRPC, and
b
immediately before that date were entitled to benefits or deferred benefits under the relevant pension arrangements.
4
In this article ‘the Principal Civil Service Pension Scheme’ means the scheme made under section 1 of, and referred to as such in section 2(10) of, the Superannuation Act 1972.
Property, rights and liabilities
4
1
For the period beginning on the transfer date and ending on 25th September 2002, the LTUC has the right to occupy Clements House, Gresham Street, London EC2 on the terms provided in relation to the LRPC by the memorandum of terms of occupation signed on behalf of the Department of Transport and the LRPC on 8th May 1996.
2
All other property, rights and liabilities (including rights and liabilities incurred in relation to contracts of employment) —
a
acquired or incurred by the LRPC,
b
subsisting immediately before the transfer date, and
c
not transferred apart from this article,
are transferred to, and vest in, the LTUC.
Continuity in the exercise of functions
5
1
Anything which at the transfer date is in the process of being done by or in relation to the LRPC in relation to a relevant matter may on and after that date be continued by or in relation to the LTUC as if —
a
if had been begun by or in relation to the LTUC, and
b
the relevant statutory provision had applied in respect of the LTUC.
2
Anything done before the transfer date by or in relation to the LRPC in relation to a relevant matter shall, so far as is required for continuing its effect on and after that date, have effect as if done by or in relation to the LTUC as if —
a
it had been begun by or in relation to the LTUC, and
b
the relevant statutory provision had applied in respect of the LTUC.
3
Without prejudice to the generality of paragraph (2), that paragraph applies in particular to any —
a
application, request, representation, proposal or objection;
b
notice or report; or
c
conclusion, recommendation, referral or direction.
4
Any reference to the LRPC in any document constituting or relating to anything to which the foregoing provisions of this article apply shall, so far as required for giving effect to those provision, be construed as a reference to the LTUC.
5
For the purposes of this article —
a
a “relevant matter” is anything which was done in pursuance of or in connection with any function conferred on the LRPC by or by virtue of a relevant statutory provision; and
b
the relevant statutory provisions are —
i
section 56 (consultative committees) of the Transport Act 1962 ;
ii
section 40 (the LRPC) of the 1984 Act;
iii
sections 36 and 123 (bus services) of the Transport Act 1985 ;
iv
section 41 (international rail services) of the Channel Tunnel Act 1987 ;
v
section 41 of the Heathrow Express Railway Act 1991 ;
vi
the following provisions of the Railways Act 1993 ;
sections 43 and 44 (proposed closures),
section 46 (variation of conditions),
section 47 (bus substitution services),
section 68(2) (investigations required by the Rail Regulator) and,
section 77 (general duties of consultative committees);
vii
the following provisions (which concern the service of documents) of the Transport and Works (Applications and Objections Procedure) Rules 1992 —
paragraph 23 of Schedule 2,
paragraph 23 of Schedule 5, and
paragraph 10 of Schedule 6.
6
Nothing in this article shall be taken to modify or exclude the application of section 415 (continuity) of the Act.
Supplementary provision
6
In the following provisions —
a
section 41 of the Channel Tunnel Act 1987;
b
section 41 of the Heathrow Express Railway Act 1991, and
c
paragraph 23 of Schedule 2 to, paragraph 23 of Schedule 5 to, and paragraph 10 of Schedule 6 to the Transport and Works (Applications and Objections Procedure) Rules 1992,
references to the LRPC shall be treated as if they were references to the LTUC.
London Regional Transport services during the transitional period
7
1
Section 248 (representations to the LTUC) of the Act shall apply as if —
a
the relevant services of London Regional Transport were services or facilities mentioned in subsection (2) of that section, and
b
the functions of London Regional Transport in pursuance of which they are provided were mentioned in subsection (1)(a).
2
In relation to minutes, conclusions and recommendations prepared in consequence of paragraph (1), section 250(1) and (3) of the Act shall not apply, and —
a
copies of such minutes, conclusions and recommendations shall be sent to —
i
the Assembly,
ii
the Mayor, and
iii
London Regional Transport; and
b
where London Regional Transport reach a decision with respect to matters dealt with in any such recommendation, the decision shall be notified to the LTUC.
3
In this article —
“the relevant services of London Regional Transport” are public passenger transport services provided or secured by London Regional Transport or any of its subsidiaries during the transitional period, and
“the transitional period” means the period which begins on the transfer date and ends on the day on which London Regional Transport ceases to provide or secure the provision of public passenger transport services.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th June 2000