text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Exeter Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Exeter Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Exeter Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North and East Devon Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North and East Devon Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Exeter and District Community Health Service National Health Service Trust and the South Devon Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th February 2001


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as The A12 London–Great Yarmouth Trunk Road (A12/A14 Seven Hills Roundabout to South of Bascule Bridge) Detrunking Order 2001 and shall come into force on 1st June 2001.
2
In this Order —
i
“the plan”
means the plan numbered L306GB/401/A12/15, marked The A12 London–Great Yarmouth Trunk Road (A12/A14 Seven Hills Roundabout to South of Bascule Bridge) Detrunking Order 2001 signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Room G44, St Christopher House, Southwark Street, London SE1 0TE.
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A12 trunk road.
3
From the date when this Order comes into force the length of the trunk road described in the Schedule 1 to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for Environment, Transport and the Regions
W S C Wadrup
A Division Director inThe Highways Agency
20th March 2001


text:
PART I
GENERAL
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Rules) Order 2001.
2
This Order comes into force on the day on which section 138 comes into force.
Definitions
2
1
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of the day on which section 19 comes into force;
“continued rule” means any pre-commencement provision designated in accordance with article 4 as it has effect after commencement by virtue of this Order;
“designation instrument” means an instrument made under article 4;
“pre-commencement provision” means any (or any part of any) enactment, subordinate legislation or other instrument or provision (including guidance in writing or other legible form) which, at the time when it is designated in accordance with article 4, applies to all persons who on commencement will be authorised persons or to any class of such persons.
2
Any reference in this Order to a section or Schedule is, unless the context otherwise requires, a reference to that section of or Schedule to the Act.
PART II
DESIGNATION OF PRE-COMMENCEMENT PROVISIONS
Designation of pre-commencement provisions to take effect as rules
3
1
This article applies to a pre-commencement provision which —
a
has been designated by the Authority in accordance with article 4;
b
could, with the modifications (if any) made to it under article 5, be made in whole or in part under a provision of the Act conferring power on the Authority to make rules; and
c
has not been amended or revoked at any time between its designation and commencement.
2
Where a pre-commencement provision —
a
has been designated by the Authority in accordance with article 4; and
b
has been amended at any time between its designation and commencement by a further such provision which has itself been so designated,
this article applies to the original provision, subject to that amendment.
3
A pre-commencement provision to which this article applies has effect after commencement —
a
with such modifications (if any) as may be made under article 5; and
b
to the extent that (with those modifications) it could have been made under a provision of or under the Act conferring power on the Authority to make rules,
as if it were a rule made under that provision.
4
Paragraph (3) applies in spite of any repeal, revocation or other lapsing of the pre-commencement provision which occurs on commencement.
Designation of pre-commencement provisions
4
1
The Authority may, before commencement, designate such pre-commencement provisions as appear to it to be necessary or expedient.
2
To designate a pre-commencement provision, the Authority must —
a
make an instrument in writing identifying the provision in the manner required by paragraph (3);
b
specify in the instrument the provision of or under the Act under which the pre-commencement provision will be treated as having effect;
c
specify any modification to be made to the provision pursuant to article 5;
d
identify the class of persons to whom the continued rule will apply;
e
include in the instrument an explanation of the purposes of the pre-commencement provision being designated;
f
include in the instrument an explanation of the Authority’s reasons for believing that designating the pre-commencement provision is compatible with its general duties under section 2;
g
publish the instrument in the way appearing to the Authority to be best calculated to bring it to the attention of the public;
h
have in place arrangements whereby a copy of the continued rule (incorporating any modifications made under article 5) may be made available to any person on request.
3
In order to identify the pre-commencement provision for the purposes of paragraph (2) the Authority must give sufficient information about —
a
the date, title, author and source of the enactment, subordinate legislation or other instrument in which the provision is found;
b
whether the provision comprises the whole of that enactment, subordinate legislation or other instrument or only a part of it (in which case identifying which part);
c
whether the provision has been amended or whether its meaning has been affected by any subsequent provision,
to ensure that a person can ascertain with certainty the content of the provision being designated.
4
To the extent that the instrument does not comply with paragraph 2(b), it is void.
5
The Authority may charge a reasonable fee for providing a person with a copy of an instrument made under this article or of the continued rule made available under paragraph (2)(h).
6
The Authority must give a copy of any designation instrument to the Treasury without delay.
7
The making of an instrument under this article is a legislative function for the purposes of Schedule 1.
8
A person is not to be taken to have contravened any continued rule if he shows that at the time of the alleged contravention the designation instrument concerned had not been published in accordance with paragraph (2)(g).
Modification of pre-commencment provisions
5
1
When designating a pre-commencement provision, the Authority must make such modifications to it (if any) as appear to the Authority necessary to ensure —
a
that, so far as possible, the pre-commencement provision has the same effect after commencement as it did immediately before commencement; and
b
in particular, that the class of persons to whom the continued rule applies at any time after commencement consists of persons of the same description as the class of persons to whom it would have applied at that time if the Act had not been passed and the provision had remained as it had effect immediately before commencement.
2
When designating a pre-commencement provision, the Authority may make such modifications to it as have the effect of limiting its application to a class of persons narrower than the class to which it applied immediately before commencement; and paragraph (1) is not to be taken —
a
as preventing any modification under this paragraph; or
b
as requiring any modification which is inconsistent with a modification that has been made under this paragraph.
3
The modifications authorised by paragraph (1)(a) include the addition of such transitional provisions as are necessary to ensure the result there mentioned.
4
If a pre-commencement provision designated under this Part purports to include a modification which is not authorised by this Order and would alter the effect or application of the provision, to the extent that it is not so authorised, the modification is void.
Consequences of contravention of continued rules
6
1
If a designation instrument provides, in relation to any of the continued rules identified in it, as mentioned in subsection (1) of section 149 (evidential provisions), then that subsection applies as it applies where a particular rule so provides.
2
Subsections (2) and (3) of section 149 apply for the purposes of this article as if the references to a rule (other than the references in paragraphs (a) and (b) of subsection (2)) were references to a designation instrument.
3
Unless a designation instrument provides, in relation to a specified provision of any of the pre-commencement provisions designated in it, as mentioned in subsection (2) of section 150 (actions for damages), then that section applies as it applies to a rule not falling within subsection (4) of that section.
Verification of continued rules
7
1
This article applies to continued rules instead of section 154 (verification of rules).
2
The production of a printed copy of a designation instrument or a continued rule purporting to be made by the Authority on which is endorsed a certificate which —
a
is signed by a member of the Authority’s staff authorised by it for that purpose; and
b
contains the required statement or statements,
is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
3
The required statements in relation to a copy of a designation instrument are —
a
that the instrument was made by the Authority;
b
that the copy is a true copy of the instrument; and
c
that on a specified date the instrument was published in accordance with article 4.
4
The required statement in relation to a copy of a continued rule is that the text set out in the document is a continued rule within the meaning of article 2.
5
A certificate purporting to be signed as mentioned in paragraph (2) is to be taken to have been properly signed unless the contrary is shown.
6
A person who wishes in any legal proceedings to rely on a designation instrument or on a continued rule may require the Authority to endorse a copy of that instrument or rule with a certificate of the kind mentioned in paragraph (2).
Waiver or modification as respects particular persons
8
1
This article applies where —
a
immediately before commencement a waiver or modification of a pre-commencement provision is in operation as respects a person;
b
the pre-commencement provision to which the waiver or modification relates is designated in accordance with article 4; and
c
the person to whom the waiver or modification has been granted would, but for this article, be subject to the continued rule resulting from that designation.
2
In a case where this article applies, the waiver or modification has effect after commencement as if it were a direction under subsection (2) of section 148 —
a
that the continued rule is not to apply to the person; or
b
as the case may be, that the continued rule is to apply to him with the modification in question.
3
Any condition subject to which the waiver or modification was granted has effect after commencement as if imposed under section 148(5).
4
Section 148(6) does not apply to a direction having effect by virtue of this article.
5
Section 148(9) applies to a direction having effect by virtue of this article as it applies to a direction given after commencement.
6
In this article references to a waiver or modification —
a
are to a waiver or modification granted in writing;
b
include references to any partial disapplication of the provision or rule, however described.
Statements of principle requiring compliance with code etc.
9
1
This article applies where the Authority designates under article 4 a statement of principle made under the Financial Services Act 1986 which requires compliance with a code or rules mentioned in section 143(1) (endorsement of codes etc. issued by other bodies) or with any provision of such a code or rules.
2
Article 5(1)(a) is to be read as authorising the Authority to make such modification of the statement as is necessary to ensure that, on and after commencement, the effect of the statement is to endorse the code, rules or provision concerned as mentioned in that section.
Revocation and alteration
10
Nothing in this Order is to be taken as implying a contrary intention for the purposes of section 14 of the Interpretation Act 1978 in relation to continued rules and, accordingly, such rules may, after commencement, be revoked or altered in accordance with the provision of the Act under which the continued rules have effect as made.
Guidance
11
1
This article applies where the Authority proposes to give any guidance under section 157 in relation to any continued rules and, apart from this paragraph, subsection (3) of that section would apply.
2
“Guidance” includes any such recommendation as is mentioned in section 157(5).
3
To the extent that the guidance —
a
states that any pre-commencement guidance will still apply (or states that it will still apply but with such necessary modifications as are specified); or
b
reproduces any pre-commencement guidance (with any necessary modifications),
any procedure which by reason of section 157(3) must be complied with in relation to the guidance is to be treated as having been so complied with.
4
In paragraph (3) —
a
“pre-commencement guidance” means any guidance in writing or other legible form which was given, by the Authority or otherwise, before commencement; and
b
“necessary modifications” means such modifications as appear to the Authority necessary to ensure that, so far as possible, the pre-commencement guidance has the same effect after commencement as it did immediately before it.
PART III
CONSULTATION UNDERTAKEN BEFORE COMMENCMENT
Interpretation
12
1
This Part applies to an instrument which contains —
a
a statement or code which the Authority proposes to make under section 64 (conduct expected of approved persons);
b
a statement of policy which the Authority proposes to issue under section 69 (penalties for misconduct of approved persons);
c
a statement of policy which the Authority (in its capacity as the competent authority) proposes to issue under section 93 (penalties for breach of listing rules);
d
a code which the Authority proposes to issue under section 119 (guidance on market abuse);
e
a statement of policy which the Authority proposes to issue under section 124 (penalties for market abuse);
f
rules or guidance which the Authority proposes to make or issue to which the procedure set out in section 155 would otherwise apply;
g
a statement of policy which the Authority proposes to issue under section 210 (penalties imposed under Part XIV);
h
a direction which the Authority proposes to give under section 316 or 318 (Lloyd's);
i
a direction which the Authority proposes to give under section 328(1) (members of the professions);
j
a statement of procedure which the Authority proposes to issue under section 395 (giving of notices);
k
a complaints scheme which the Authority proposes to make under paragraph 7 of Schedule 1.
2
In this Part, the “relevant consultation requirements” in relation to an instrument are the procedural requirements set out in the Act with regard to —
a
the publication of the provisions which it is proposed to include in the instrument; and
b
the necessary items which must accompany any such publication,
which the Authority must satisfy if it proposes to make the instrument in question.
3
A “necessary item” is one or more of the following, if required to be published by the relevant consultation requirements —
a
a cost benefit analysis;
b
an explanation of the purpose of the provisions;
c
an explanation of the Authority’s reasons for believing that making the instrument is compatible with its general duties under section 2;
d
details of the expected expenditure by reference to which the proposal is made.
Consultation on new rules etc. before Royal Assent
13
1
This article applies to a consultation which —
a
took place at any time before 14th June 2000 (being the date on which the Act received Royal Assent);
b
was undertaken in relation to provisions proposed to be included in an instrument to which this Part applies;
c
included the publication of those provisions in the manner which appeared to the Authority to be best calculated to bring it to the attention of the public; and
d
invited representations about the provisions to be made to the Authority within a specified time; but
e
was not accompanied by a necessary item.
2
Where the Authority makes, issues or gives an instrument containing provisions which have been the subject of consultation to which this article applies then, provided the requirements of paragraph (3) are met, the Authority is to be treated as having satisfied the relevant consultation requirements in respect of that instrument in so far as it contains those provisions.
3
The requirements of this paragraph are that —
a
the Authority must, before making, issuing or giving the instrument, publish any necessary item in the form required by the relevant consultation requirements;
b
the necessary item must be accompanied by a notice that representations about the matters contained in it may be made to the Authority within the period specified in the notice;
c
before making the instrument to which the necessary item relates, the Authority must have regard to any representations made to it either in response to the invitation referred to in paragraph (1)(d) or in accordance with sub-paragraph (b).
4
If the Authority makes an instrument containing the provisions which have been the subject of consultation to which this article applies then —
a
the Authority must publish an account, in general terms, of the representations made to it either in response to the invitation referred to in paragraph (1)(d) or in accordance with paragraph (3)(b) and its response to them;
b
if the instrument made differs from the provisions published in a way which is, in the opinion of the Authority, significant the Authority must comply with any requirement imposed by the Act in a case when such a difference arises between what is published for consultation and what is contained in an instrument of that kind.
Anticipatory consultation
14
1
If, before this Order comes into force, the Authority takes steps in relation to an instrument to which this Part applies and those steps would, if they had been taken after that date, satisfy the requirements of paragraph (3) or (4) of article 13, then article 13 applies to that instrument as if those steps had been taken after this Order comes into force.
2
If, before the relevant consultation requirements in relation to an instrument come into force, any steps were undertaken in relation to provisions contained in a draft instrument to which this Part applies, then, if those steps, had they been undertaken after commencement, would to any extent have satisfied any requirements laid down in or under the Act for the making of that instrument, those requirements are to that extent to be treated as having been satisfied on the date when the last such requirement was satisfied.
Appropriate comparison for cost benefit analysis
15
Where, pursuant to this Order or to a relevant consultation requirement, the Authority publishes a cost benefit analysis which involves comparison with the overall position if the instrument in question was not made, the Authority may disregard, in making that comparison, the repeal, revocation or lapsing at commencement of any enactment, subordinate legislation or other instrument or provision (including guidance in writing or other legible form).
Jim Dowd
Clive Betts,
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd April 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) (Fees) Regulations 2001; they extend to England and come into force at 1.00pm on 30th October 2001.
2
These Regulations shall apply until midnight on 31st December 2001.
Fees
2
The Food Standards Agency may charge the occupier of any premises at which supervision or inspection is carried out by them for the purposes of establishing the eligibility for dispatch of products under the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 10) Regulations 2001 a reasonable fee in respect of costs reasonably incurred by them in the exercise of those functions.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10.00 am 30th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Eastleigh (Parishes and Electoral Changes) Order 2001.
2
This article and articles 3, 4, 10 and 11 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
Article 2 of this Order shall come into force on 1st April 2002.
4
Articles 6 to 9 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Fair Oak and Horton Heath, Hedge End, Hound, and West End, respectively, to be held on 1st May 2003, on 10th October 2002;
b
for all other purpose, on 1st May 2003.
5
Article 5 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Bishopstoke, to be held on 2nd May 2004, on 10th October 2003;
b
for all other purposes, on 2nd May 2004.
6
In this Order —
“borough” means the borough of Eastleigh;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Eastleigh (Parishes and Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes
2
1
The area shaded in blue and designated by the letter “A” on sheet 1 shall cease to be part of the parish of Bishopstoke and shall become part of the parish of Fair Oak and Horton Heath.
2
The area shaded in blue and designated by the letter “B” on sheet 1 shall cease to be part of the parish of Fair Oak and Horton Heath and shall become part of the parish of Bishopstoke.
3
The area shaded in blue and designated by the letter “C” on sheet 1 shall cease to be part of the parish of West End and shall become part of the parish of Botley.
4
The area shaded in blue and designated by the letter “D” on sheet 1 shall cease to be part of the parish of West End and shall become —
a
part of the parish of Hedge End; and
b
part of the existing Hedge End Wildern parish ward of that parish.
Wards of the borough of Eastleigh
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards 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 (2) 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 Eastleigh
4
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough —
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 years of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Bishopstoke
5
The parish of Bishopstoke shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Fair Oak and Horton Heath
6
The parish of Fair Oak and Horton Heath shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Hedge End
7
1
The existing wards of the parish of Hedge End shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Freegrounds, Grange Park East, Grange Park West, St Helen's, St John's, Shamblehurst and Wildern; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Hound
8
1
The existing wards of the parish of Hound shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Butlocks Heath, Ingleside, Netley Abbey and Old Netley; and each parish ward shall comprise the area designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Butlocks Heath, Ingleside and Old Netley parish wards shall be two, and for the Netley Abbey parish ward shall be nine.
Wards of the parish of West End
9
The parish of West End shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Elections in the parishes of Botley and Hamble
10
1
Elections of all parish councillors for the parishes of Botley and Hamble shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
2
The term of office of parish councillors to whom paragraph (1) applies shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
11
The Borough of Eastleigh (Electoral Arrangements) Order 1975 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
14th March 2001


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
Amend the Value Added Tax Regulations 1995 as follows.
3
1
In regulation 120(2)(a), omit —
ii
Articles 130 to 136 (processing for free circulation),
.
2
In regulation 120(2)(b), omit —
ii
Articles 650 to 669 (processing for free circulation),
.
4
Regulation 3 above has effect in relation to goods which are imported on or after 1st April 2001.
5
1
At the end of regulation 120(2)(b)(iv), omit the word “and”.
2
In regulation 120(2)(b)(v), insert the following after “(returned goods)” —
, and
Articles 589 and 709 (compensatory interest)
.
6
In Schedule 1, for forms numbered 4 and 5 substitute respectively forms numbered 4 and 5 in the Schedule to these Regulations.
Mike Norgrove
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London
SE1 9PJ
1st March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mersey Care National Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st April 2001;
“high security psychiatric services” has the meaning assigned to it in the National Health Service Act 1977, section 4 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mersey Care National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Mersey Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be —
a
to provide hospital accommodation and services and community health services at or from Longmoor Lane, Liverpool L9 7JP and at or from any associated hospitals, establishments and facilities; and
b
subject to having approval under paragraph 10(2) of Schedule 2 to the Act , to provide high security psychiatric services at or from Ashworth Hospital, Parkbourn, Maghull Merseyside L31 1HW.
Directors of trust
4
1
The trust shall have in addition to the chairman 7 non-executive directors and the number of executive directors determined under paragraph (2) .
2
The number of executive directors shall be —
a
5, unless
b
the trust is approved under paragraph 10(2) of Schedule 2 to the Act for the purpose of providing high security psychiatric services, in which case, 7.
3
Where paragraph (2)(b) applies, one of the executive directors shall be the chief officer with responsibility for high security psychiatric services and one shall be appointed subject to termination of the appointment in the event that the trust ceases to be approved as mentioned in that paragraph.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Learning and Skills Council for England (Supplementary Functions) Order 2001 and shall come into force on 1st September 2001.
2
In this Order “the Dance and Drama Regulations ” means the Education (Grants) (Dance and Drama) (England) Regulations 1999 , the Education (Grants) (Dance and Drama) (England) Regulations 2000 and the Education (Grants etc ,) (Dance and Drama) (England) Regulations 2001 .
Supplementary Functions of the Learning and Skills Council for England
2
The following supplementary functions are hereby conferred on the Learning and Skills Council for England —
a
the function of advising the Secretary of State as to the quality of education provided by institutions to which grants are paid under the Dance and Drama Regulations;
b
the function of specifying requirements which (pursuant to the Dance and Drama Regulations) must be complied with by institutions to which grants are paid under those regulations;
c
the function of advising the Secretary of State on whether such requirements have been complied with; and
d
the function of arranging for payment of grant under the Dance and Drama Regulations.
Revocation
3
The Further Education Funding Council for England (Supplementary Functions) Order 1999 and the Further Education Funding Council for England (Supplementary Functions) (Amendment) Order 2000 (which by virtue of paragraph 8 of Schedule 10 to the Learning and Skills Act 2000 are treated as if they were made under section 18(4) of that Act) are hereby revoked.
Stephen Timms
Minister of State,
Department for Education and Skills
8th August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Salford Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Salford Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Salford Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Salford & Trafford Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Salford & Trafford Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Salford Community Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
12th February 2001


text:
1
This Instrument may be cited as The City of Salford (Castlefield Bridge) Scheme 2000 Confirmation Instrument 2001 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The City of Salford (Castlefield Bridge) Scheme 2000 Confirmation Instrument 2001 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan as modified are deposited at the offices of the Department for Transport, Local Government and the Regions, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Council of the City of Salford at the Civic Centre, Chorley Road, Swinton, Manchester M27 5DA.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
R C Dobbie
Regional Director Government Office for the North East
20th August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Leeds Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the East Leeds Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the East Leeds Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Leeds Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Leeds Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Leeds Teaching Hospitals National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Leeds Community and Mental Health Services Teaching National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
18th October 2001


text:
1
This Order may be cited as the Shena Simon College, Manchester (Dissolution) Order 2001 and shall come into force on 1st September 2001.
2
On 1st September 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to City College, Manchester being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st September 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st September 2001;
c
to the transferor were to the corporation; and
d
to the corporation were to City College, Manchester.
Stephen Timms
Minister of State,
Department for Education and Skills
10th August 2001


text:
1
This Order may be cited as the Isles of Scilly (Sale of Intoxicating Liquor) (Amendment) Order 2001 and shall come into force on 1st April 2001.
2
In the Isles of Scilly (Sale of Intoxicating Liquor) Order 1973 –
a
in article 4 (exclusion, modification and adaptation of Licensing Act 1964 and other enactments), in paragraph (2)(f), after the words ““clerk to the justices”” there shall be inserted the words “,“justices' chief executive” or “chief executive to the justices””; and
b
in article 14 (fees payable in respect of permits) for the words “justices' clerks” there shall be substituted the words “justices' chief executives”.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
20th March 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Companies) (Amendment) (England) Order 2001 and shall come into force on 1st April 2001.
2
The amendments made by article 2 have effect in relation to local authorities in England.
Amendment of Order
2
1
The Local Authorities (Companies) Order 1995 shall be amended in accordance with paragraphs (2) to (4) below.
2
In article 14 (application of Part IV: requirement for credit cover) —
a
for paragraph (5) there shall be substituted the following paragraph —
5
For the purposes of this article, in relation to any financial year beginning on or after 1st April 2001, one or more of the following amounts, in any combination, constitutes an amount of credit cover —
a
an amount which the authority determine to set aside from the usable part of the authority’s capital receipts or from a revenue account as provision to meet credit liabilities (being an amount over and above amounts required to be set aside by virtue of any other provision of Part IV);
b
an amount by which the authority determine to treat as reduced the balance of a credit approval;
c
an amount by which the authority determine to treat as reduced any credit cover provision designated in accordance with paragraph (8).
;
b
after paragraph (7) there shall be added the following paragraph —
8
Where, in relation to any financial year ending on or after 31st March 2001, a basic credit approval having effect for that year is, pursuant to article 15, treated as increased by any amount, the authority may —
a
where a determination under section 56(1) is made in respect of part only of that amount, designate all or part of the residue of that amount as credit cover provision; or
b
where no determination under section 56(1) is made in respect of any part of that amount, designate all or part of that amount as credit cover provision.
3
In paragraph (1) of article 16 (liabilities of regulated companies) —
a
for sub-paragraph (bb) there shall be substituted the following —
bb
the company’s assets shall not be treated as reduced by the defraying, after the relevant date, of expenditure for any purpose, where that expenditure is defrayed from monies accumulated before the relevant date;
;
b
for paragraph (i) of sub-paragraph (c) there shall be substituted the following —
i
any liability under a credit transaction (whether entered into by the company before, on or after the relevant date),
.
4
In paragraph (5B) of article 16 , for the words “paragraphs (5A) and (5B)” there shall be substituted the words “paragraphs (5) and (5A)”.
Signed by authority of the Secretary of State for The Environment, Transport and the Regions
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
5th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Child Minding and Day Care (Certificates of Registration) (England) Regulations 2001 and shall come into force on 2nd July 2001.
2
These Regulations extend only to England.
Information in certificates of registration
2
Certificates of registration for providing child minding or for providing day care shall give the following information about the following matters —
a
the name of the registered person;
b
in the case of day care, the address at which the day care is to be provided;
c
any conditions applicable to the registration.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
9th May 2001


text:
Citation and commencement
1
This Order may be cited as the Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Dissolution) Order 2001 and shall come into force on 20th April 2001.
Dissolution of NHS trust
2
The Ealing, Hammersmith and Fulham Mental Health National Health Service Trust established by the Ealing, Hammersmith and Fulham Mental Health National Health Service Trust (Establishment) Order 1998 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
9th April 2001


text:
1
1
These Regulations may be cited as the Protection of the Euro against Counterfeiting Regulations 2001 and shall come into force on 1st January 2002.
2
In these Regulations —
a
“the Community Regulation” means Council Regulation ( EC ) No. 1338/2001 of 28th June 2001 laying down measures necessary for the protection of the euro against counterfeiting ; and
b
expressions used in the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.
2
A credit institution, or other institution or establishment within Article 6(1) of the Community Regulation, which fails to withdraw from circulation a euro note or euro coin received by it which it knows or has sufficient reason to believe to be counterfeit shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to three months' imprisonment, or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years, or to both.
3
1
A credit institution, or other institution or establishment within Article 6(1) of the Community Regulation, which fails immediately to hand over to the relevant body (or to a person with authority to act on behalf of the relevant body for the purposes of this regulation) a euro note or euro coin received by that institution or establishment which it knows or has sufficient reason to believe to be counterfeit shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
2
In paragraph (1), “the relevant body” means —
a
in the case of euro notes, the Bank of England or the National Criminal Intelligence Service,
b
in the case of euro coins, the Royal Mint or the National Criminal Intelligence Service.
4
1
If an offence under these Regulations committed by a body corporate is shown —
a
to have been committed with the consent or connivance of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.
3
If an offence under these Regulations committed by a partnership is shown —
a
to have been committed with the consent or connivance of any partner, or any person who was purporting to act as a partner, or
b
to be attributable to any neglect on his part,
he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
4
If an offence under these Regulations committed by an unincorporated association (other than a partnership) is shown —
a
to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or any person who was purporting to act in any such capacity, or
b
to be attributable to any neglect on his part,
he as well as the association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 2001


text:
PART I
PRELIMINARY
Citation and Commencement
1
1
These Regulations may be cited as the Transportable Pressure Vessels Regulations 2001.
2
This regulation and regulations 2, 10 and 12(1) to (3) shall come into force on 3rd May 2001.
3
The remaining regulations shall come into force on 1st July 2001.
Interpretation
2
1
In these Regulations:
“ ADR ” means the European Agreement concerning the International Carriage of Dangerous Goods by Road signed at Geneva on 30th September 1957 , as revised or re-issued from time to time;
“aerosol” means a non-refillable vessel made of metal, glass or plastic and containing a gas which is compressed, liquefied or dissolved under pressure, with or without a liquid, paste or powder, and fitted with a release device allowing the contents to be ejected as solid or liquid particles in suspension in a gas, as a foam, paste or powder or in a liquid state or a gaseous state;
“approved body” shall be construed in accordance with regulation 9;
“Approved Carriage List” means the list described in regulation 4(1)(a) of the CDGCPL Regulations as revised in accordance with regulation 4(2) of those Regulations;
“bundle of cylinders” means a transportable assembly of cylinders held firmly together and interconnected by a manifold;
“the CDGCPL Regulations” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ;
“CE marking” means the marking referred to in regulation 16 of the Pressure Equipment Regulations 1999 ;
“conformity assessment procedures” means the procedures set out in Schedule 3, and “conformity assessment” shall be interpreted accordingly;
“conformity marking” means the marking referred to in regulation 11 and set out in Schedule 7;
“conformity reassessment procedure” means the procedure set out in Schedule 5;
“ COTIF ” means the Convention concerning International Carriage by Rail , as revised or re-issued from time to time;
“cryogenic receptacle” means a thermally insulated vessel for the transport of refrigerated liquefied gases with a capacity not exceeding 1,000 litres;
“cylinder” means a vessel with a capacity not exceeding 150 litres;
“EEC-type cylinder” means a transportable pressure vessel-
in respect of which there is an EEC Verification Certificate in force issued by an inspection body which, under the law of any member State, is authorised to grant such a certificate for the purposes of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder, or, in the case of a cylinder not subject to EEC verification under any of the separate Directives, which conforms to the requirements of the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder; and
which bears all the marks and inscriptions required by the Pressure Vessels Framework Directive and the separate Directive relating to that type of cylinder;
“gas” means a gas classified as a flammable gas, a toxic gas or a non-flammable, non-toxic gas in accordance with regulation 5 of the CDGCPL Regulations;
“group” has the same meaning as in the Transportable Pressure Equipment Directive;
“notified body” shall be construed in accordance with regulation 8;
“owner” means, in relation to a transportable pressure vessel-
subject to sub-paragraphs (b) and (c), the employer or the self-employed person who owns it (other than a person who buys it solely to use the gas therein before selling it back to the supplier);
subject to sub-paragraph (c), in the case of a lease, the lessee; or
where the person referred to in sub-paragraph (a) or (b) does not have a place of business in Great Britain-
the agent of that person in Great Britain, or
if there is no such agent, the user;
“periodic inspection procedures” means the procedures set out in Schedule 6, and “periodic inspection” shall be interpreted accordingly;
“placing on the market” means supplying a transportable pressure vessel, or making it available to another person in the Communities and includes importation of such a vessel, and related expressions shall be interpreted accordingly;
“Pressure Vessels Framework Directive” means Council Directive 76/767/EEC of 27 July 1976 , concerning the approximation of laws of the member States relating to common provision for pressure vessels and methods for inspecting them;
“reassessment of conformity” shall be construed in accordance with regulation 6;
“ RID ” means the Regulations concerning the International Carriage of Dangerous Goods by Rail which form Annex 1 to Appendix B to COTIF;
“separate Directives” means Council Directives 84/525/EEC of 17 September 1984, 84/526/EEC of 17 September 1984 and 84/527/EEC of 17 September 1984 concerning the approximation of laws of the member States relating to seamless steel gas cylinders, seamless unalloyed aluminium and aluminium alloy gas cylinders, and welded unalloyed steel gas cylinders, respectively;
“transport” means transport by road or on a railway, in each case on a vehicle;
“the Transportable Pressure Equipment Directive” means Council Directive 1999/36/ EC of 29 April 1999 , concerning the approximation of laws of the member States relating to common provision for transportable pressure equipment and methods for inspection;
“transportable pressure vessel” means a cylinder, tube or cryogenic receptacle, including-
any valve or other accessory fitted to the vessel and having a direct safety function; and
any permanent fitting of such a vessel,
which is used or intended to be used for the storage or transport of a gas, UN 1051 STABILISED HYDROGEN CYANIDE, UN 1052 ANHYDROUS HYDROGEN FLUORIDE or UN 1790 HYDROFLUORIC ACID, solution, with more than 85% hydrofluoric acid, but does not include a bundle of cylinders or an aerosol;
“tube” means a seamless vessel with a capacity greater than 150 litres but not more than 5,000 litres;
“UN number” means United Nations Serial Number, that is to say, one of the four digit numbers devised by the United Nations and specified in the Approved Carriage List as a means of identification for dangerous goods, and any reference to the letters “UN” followed by a number, in relation to certain dangerous goods, means the particular UN number for those goods specified in the Approved Carriage List;
“vehicle” means a conveyance which is used for transporting transportable pressure vessels by road or on a railway.
2
In these Regulations, the words “used at work”, when referring to a transportable pressure vessel, include the filling, emptying, refilling, storage and transport of that vessel at work and an intention to conduct any of those activities, and related expressions shall be interpreted accordingly.
3
In these Regulations, unless the context otherwise requires, a reference to-
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which that reference appears; and
c
a lettered sub-paragraph is a reference to the sub-paragraph so lettered in the paragraph in which that reference appears.
Application
3
1
Subject to paragraphs (2) and (3) and Schedule 1, these Regulations shall apply to any transportable pressure vessel used at work and manufactured —
a
on or after 1st July 2001; and
b
on or before 30th June 2001 where that vessel is —
i
subject to a reassessment of conformity, or
ii
an EEC-type cylinder.
2
Until 1st July 2003, any person who places on the market or uses at work a transportable pressure vessel manufactured on or after 1st July 2001 may choose to comply with the provisions of the CDGCPL Regulations rather than these Regulations.
3
Regulations 4 to 6 shall not apply to an EEC-type cylinder.
PART II
GENERAL REQUIREMENTS
Requirements relating to the placing on the market and use at work of transportable pressure vessels
4
1
Subject to regulation 5, no person shall place on the market or use at work any transportable pressure vessel unless the requirements of paragraphs (2) to (4) have been complied with.
2
The transportable pressure vessel must —
a
be safe and suitable for purpose;
b
have been designed, manufactured and tested according to —
i
any standard listed in Schedule 2 which is relevant to that vessel, or
ii
any other standard approved by the Executive for the purpose of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR;
c
have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards identified pursuant to sub-paragraph (b); and
d
bear the conformity marking, the identification number of the notified body and any marking required by the standards identified pursuant to sub-paragraph (b).
3
Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves), those valves must —
a
have been designed, manufactured and tested according to —
i
any standard listed in Schedule 2 which is relevant to those valves, or
ii
where there is no such standard, the requirements of the Pressure Equipment Regulations 1999 ; and
b
meet the requirements specified in paragraph (5).
4
Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must —
a
have been designed, manufactured and tested to be in compliance with the requirements set out in Chapter 6.2 of ADR; and
b
meet the requirements specified in paragraph (5).
5
The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must —
a
be safe and suitable for purpose;
b
have been assessed by a notified body, in accordance with the relevant conformity assessment procedures specified in Schedule 4, to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; and
c
bear the conformity marking or the CE marking as appropriate.
6
Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
7
Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).
Transportable pressure vessels placed on the market or used at work exclusively in Great Britain
5
1
Regulation 4 shall not apply in respect of any transportable pressure vessel which is placed on the market or used at work exclusively within Great Britain provided the requirements of paragraphs (2) to (4) are complied with.
2
The transportable pressure vessel must —
a
be safe and suitable for purpose;
b
have been designed, manufactured and tested according to —
i
any standard listed in Schedule 2 which is relevant to that vessel, or
ii
any other standard approved by the Executive for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR;
c
where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F and G (and for this purpose references in those procedures to “notified body” shall be read as if they are references to “approved body”), to be in conformity with the standards identified pursuant to sub-paragraph (b);
d
bear the identification number of the relevant approved body and any marking required by the standards identified pursuant to sub-paragraph (b); and
e
not bear the conformity marking or the identification number of any notified body.
3
Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves) those valves must —
a
have been designed, manufactured and tested according to —
i
any standard listed in Schedule 2 which is relevant to those valves, or
ii
where there is no such standard, the requirements of the Pressure Equipment Regulations 1999; and
b
meet the requirements specified in paragraph (5).
4
Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must —
a
have been designed, manufactured and tested to be in compliance with the requirements set out in Chapter 6.2 of ADR; and
b
meet the requirements specified in paragraph (5).
5
The requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must —
a
be safe and suitable for purpose;
b
where relevant, have been assessed by an approved body, in accordance with conformity assessment procedures A1, C1, F and G (and for this purpose references in those procedures to “notified body” shall be read as if they are references to “approved body”), to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be;
c
bear the identification number of the relevant approved body; and
d
not bear the conformity marking or the identification number of any notified body.
6
Any technical documentation or other information required to be retained under a conformity assessment procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
7
Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).
Reassessment of conformity
6
1
A transportable pressure vessel manufactured prior to 1st July 2003 which does not bear the conformity marking may be reassessed for conformity in accordance with the requirements of paragraphs (2) to (4).
2
Subject to paragraph (6), the transportable pressure vessel must —
a
be safe and suitable for purpose;
b
comply with —
i
any standard listed in Schedule 2 which is relevant to that vessel, or
ii
any other standard approved by the Executive for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR;
c
have been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards identified pursuant to sub-paragraph (b); and
d
bear the conformity marking and the identification number of the notified body.
3
Where the transportable pressure vessel includes valves (in particular safety valves, valves for filling and emptying and cylinder valves), those valves must —
a
comply with —
i
any standard listed in Schedule 2 which is relevant to those valves, or
ii
where there is no such standard, the requirements of the Pressure Equipment Regulations 1999; and
b
meet the requirements specified in paragraph (5).
4
Where the transportable pressure vessel includes accessories, other than valves, which have a direct safety function, those accessories must —
a
comply with the requirements set out in Chapter 6.2 of ADR; and
b
meet the requirements specified in paragraph (5).
5
Subject to paragraph (6), the requirements referred to in paragraphs (3) and (4) are that the valves or the accessories, as the case may be, must —
a
be safe and suitable for purpose;
b
where relevant, have been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards or requirements identified pursuant to paragraph (3) or (4), as the case may be; and
c
bear the conformity marking.
6
Where the transportable pressure vessel, valve or accessory has been manufactured in series to a design type which has been reassessed by a notified body, in accordance with the conformity reassessment procedure, to be in conformity with the standards or requirements identified pursuant to paragraphs (2)(b), (3)(a) or (4)(a), the reassessment referred to in paragraphs (2)(c) and (5)(b) may be conducted by an approved body (in which case references in Schedule 5 to “notified body” shall be read as if they are references to “approved body”).
7
Any person may submit an application to the Executive for the approval of any standard referred to in paragraph (2)(b)(ii).
Periodic inspection and repeated use
7
1
The owner of a transportable pressure vessel shall ensure that that vessel is periodically inspected in accordance with all relevant procedures in Schedule 6 to ensure —
a
the continued safety of that vessel; and
b
that that vessel continues to meet the standards and requirements to which it was designed and manufactured.
2
No person shall fill, refill or transport a transportable pressure vessel unless a valid certificate issued in accordance with Schedule 6 demonstrates that that vessel is not overdue for any periodic inspection to which it is subject under these Regulations.
3
Any person who carries out a periodic inspection of a transportable pressure vessel shall ensure that —
a
that inspection complies with the relevant requirements of Schedule 6; and
b
at the end of that inspection, that vessel is marked with —
i
the identification number of the relevant notified body or approved body,
ii
where required by Schedule 6, the date of the inspection, and
iii
in the case of EEC-type cylinders undergoing their first periodic inspection, the conformity marking.
4
Any technical documentation or other information required to be retained under a periodic inspection procedure shall be retained by the person specified in that procedure for any period specified in that procedure.
Notified bodies
8
For the purposes of these Regulations, a notified body is a body which has been appointed —
a
to carry out one or more of the following, namely —
i
one or more conformity assessment procedures,
ii
the conformity reassessment procedure,
iii
either or both periodic inspection procedures; and
b
as a notified body —
i
pursuant to regulation 10, or
ii
by another member State, and whose appointment has been communicated by that member State to the Commission and the other member States pursuant to Article 8 of the Transportable Pressure Equipment Directive.
Approved bodies
9
1
For the purposes of these Regulations, an approved body is a body which has been appointed —
a
to carry out one or more of the following, namely —
i
one or more conformity assessment procedures,
ii
the conformity reassessment procedure,
iii
periodic inspection procedure module 1; and
b
as an approved body —
i
pursuant to regulation 10, or
ii
by another member State, and whose appointment has been communicated by that member State to the Commission and the other member States pursuant to Article 9 of the Transportable Pressure Equipment Directive.
2
In respect of any conformity assessment undertaken pursuant to regulation 5, an approved body shall work exclusively for the group of which it is a member.
Appointment of notified bodies and approved bodies by the Executive
10
1
The Executive may appoint such persons as it thinks fit to be notified bodies or approved bodies for the purposes of these Regulations.
2
An application —
a
for appointment as a notified body;
b
for appointment as an approved body; or
c
for the amendment of an existing appointment,
shall be made to the Executive.
3
An appointment made under this regulation —
a
may relate to all descriptions of transportable pressure vessels or such descriptions as the Executive may determine;
b
may be made subject to such conditions as the Executive may determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (7), require the notified body or approved body, as the case may be, to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer of the transportable pressure vessel fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing to the Executive at the request of the notified body or the approved body; and
e
may be terminated if it appears to the Executive that any of the conditions of the appointment are not being complied with.
4
Subject to paragraph (3)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
5
A notified body or an approved body appointed by the Executive shall be subject to such inspection by or on behalf of the Executive as is necessary to ensure compliance with any condition specified in the appointment.
6
The inspection referred to in paragraph (5) may include the examination of premises, equipment and documents and the notified body or approved body shall provide such facilities, assistance and information as are reasonably required for the purpose of the inspection.
7
In respect of an application made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, shall not be required to carry out the procedures and tasks referred to in paragraph (3)(c) —
a
if the documents submitted to it with the application are not in English or another language acceptable to that body;
b
until the applicant has paid the fee which that body requires pursuant to regulation 12(4); or
c
if the body in question reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.
8
If for any reason the appointment of a notified body or approved body is terminated under this regulation, the Executive may —
a
give such directions (either to the body whose appointment has been terminated or to another notified body or approved body) for the purpose of making such arrangements for the determination of outstanding applications as it considers appropriate and those directions shall be complied with by the body to whom they are made; and
b
without prejudice to the generality of the foregoing, authorise another notified body or approved body to take over the functions of the body whose appointment has been terminated in respect of such cases as it may specify.
Conformity marking
11
1
Where a notified body or an approved body —
a
has carried out a conformity assessment, a reassessment of conformity or a periodic inspection; and
b
requires the conformity marking to be affixed to a transportable pressure vessel, valve or accessory which is complete or is in a state permitting final assessment,
that body shall ensure that the conformity marking is affixed in a visible, easily legible and indelible fashion.
2
No person shall affix any marking to a transportable pressure vessel, valve or accessory which is likely to render the meaning or form of the conformity marking misleading.
3
Any other marking may be affixed to a transportable pressure vessel, valve or accessory provided that the visibility and legibility of the conformity marking is not thereby reduced.
PART III
MISCELLANEOUS
Fees
12
1
On the making of an application to the Executive for —
a
the appointment of a notified body or an approved body;
b
the amendment of an existing appointment of such a body; or
c
the approval of a standard for the purposes of these Regulations as meeting the relevant requirements of Chapter 6.2 of ADR,
there shall be payable by the applicant in connection with the performance by or on behalf of the Executive of its functions in relation to that application the relevant fee mentioned in paragraph (2).
2
The fees referred to in paragraph (1) are —
a
in respect of sub-paragraphs (a) or (b) —
i
a fee of £283 for processing the application, and
ii
such fee as is reasonable in light of the actual work performed in respect of the determination of the suitability of the applicant for appointment or for the amendment of an existing appointment; and
b
in respect of sub-paragraph (c), such fee as is reasonable in light of the actual work performed in respect of the approval of the standard.
3
A fee, which shall be reasonable in light of the actual work performed, shall be payable by the relevant notified body or approved body in respect of any inspection undertaken by or on behalf of the Executive in accordance with regulation 10(5).
4
Subject to paragraph (5), where an application has been made to a notified body or an approved body in accordance with these Regulations, the notified body or approved body, as the case may be, may charge such fees in connection with, or incidental to, carrying out its duties in relation to the procedures and tasks referred to in regulation 10(3)(c) as it may determine.
5
The fees referred to in paragraph (4) shall not exceed —
a
the costs incurred or to be incurred by the notified body or approved body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by that body on behalf of the applicant, and
ii
the commercial rate normally charged on account of profit for that work or similar work.
6
The power in paragraph (4) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Defence
13
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove —
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days —
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales;
b
before the immediate diet, where the proceedings are summary proceedings in Scotland; or
c
before the first diet, where the proceedings are solemn proceedings in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
Where a contravention of these Regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
Amendments and saving
14
1
In the Order of Secretary of State ( No. 9), dated June 23, 1919, relating to compressed acetylene contained in a porous substance , for the purpose of deeming acetylene not to be an explosive, conditions (1) to (4) and (11) shall be deemed to have been satisfied in respect of any cylinder which complies with the provisions of these Regulations.
2
Order in Council No. 30 shall not apply to the importation or use at work of acetylene in a transportable pressure vessel which complies with the provisions of these Regulations.
3
In the Compressed Acetylene (Importation) Regulations 1978 , after regulation 1 there shall be inserted the following regulation —
1A.
These Regulations shall not apply to any transportable pressure vessel which complies with the provisions of the Transportable Pressure Vessels Regulations 2001.
.
4
In the Carriage of Dangerous Goods by Rail Regulations 1996 —
a
in regulation 2(5) and (7), for the words “1st July 2001” there shall be substituted “1st July 2003”;
b
in regulation 9(1), for the words “30th June 2001” there shall be substituted “30th June 2003”; and
c
in the title to Schedule 1, for the words “1ST JULY 2001” there shall be substituted “1ST JULY 2003”.
5
The CDGCPL Regulations shall be amended in accordance with Schedule 8.
6
In the Carriage of Dangerous Goods by Road Regulations 1996 —
a
in regulation 11(1) —
i
in sub-paragraph (a), for the words “1st July 2001” there shall be substituted “1st July 2003”, and
ii
in sub-paragraph (b), for the words “30th June 2001” there shall be substituted “30th June 2003”;
b
in the title to Schedule 3, for the words “1ST JULY 2001” there shall be substituted “1ST JULY 2003”; and
c
in paragraph 11 of Schedule 10, for the words “1st July 2001” there shall be substituted “1st July 2003”.
7
In the Pressure Systems Safety Regulations 2000 —
a
in regulation 2(1) —
i
in the definition of “pressure system”, after the words “but does not include a transportable pressure receptacle” there shall be added the words “or a transportable pressure vessel”; and
ii
after the definition of “transportable pressure receptacle” there shall be inserted the following definition —
“transportable pressure vessel” has the same meaning as in regulation 2(1) of the Transportable Pressure Vessels Regulations 2001;
; and
b
in regulation 9(3), there shall be deleted the words “and regulation 14(4)”.
8
Any certificate or record which was required to be kept under paragraph 10 of Schedule 8 to the CDGCPL Regulations shall continue to be kept as if these Regulations had not been made.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of York (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“city” means the city of York;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the City of York (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of York
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of York
3
1
The ordinary elections of all councillors of the city of York shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Haxby
4
1
The existing wards of the parish of Haxby shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Haxby Central, Haxby East, Haxby North and Haxby South West; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Haxby Central and Haxby East parish wards shall be four, and for each of the Haxby North and Haxby South West parish wards shall be three.
Revocation
5
The City of York (Electoral Arrangements) Order 1976 and article 6 of the North Yorkshire (District of York) (Structural and Boundary Changes) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Administrative and Other Court Staff) Order 2001 and shall come into force on 10th December 2001.
Contracting out of functions
2
The Lord Chancellor may enter into contracts with such persons as he sees fit for the provision for the purposes mentioned in section 27(1) of the Courts Act 1971, by those persons or by sub-contractors of theirs, of officers and staff for the Supreme Court and for county courts in England and Wales.
3
The Lord Chancellor may enter into contracts with such persons as he sees fit for the provision by those persons or by sub-contractors of theirs of officers and staff for carrying out the administrative work of —
a
the Commissioners for the special purposes of the Income Tax Acts; and
b
in England and Wales, any tribunal constituted in accordance with Schedule 12 to the Value Added Tax Act 1994.
Signed
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
Date 14th November 2001