text:
Citation and commencement
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 2000 and shall come into force on 1st May 2000, but–
a
regulation 3(1) to (8) (so far as those paragraphs relate to maternity leave) shall have effect as from 10th June 1994;
b
regulation 3(1) to (8) (so far as those paragraphs do not have effect in accordance with sub-paragraph (a) above) shall have effect as from 1st September 1995.
Amendment of the Police Pensions Regulations 1987
2
Subject to regulation 4, the Police Pensions Regulations 1987 (“the principal Regulations”) shall be amended in accordance with the provisions of regulation 3 and any reference in those provisions to a numbered regulation is a reference to the regulation so numbered in the principal Regulations.
Unpaid sick leave and maternity leave
3
1
In regulation F1(1), for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs:
a
any period of unpaid maternity leave granted in the case of a woman which ended before 27th February 1986;
b
any period of unpaid maternity leave granted in the case of a woman falling on or after 27th February 1986 which ended before 10th June 1994 in respect of which the conditions specified in paragraph (1A) are not satisfied;
c
any period of unpaid maternity leave falling on or after 10th June 1994 (not being a period which falls within the first 14 weeks of any period of maternity leave taken by a person in respect of whom no election under regulation G4 was effective immediately before the commencement of that period of unpaid maternity leave) in respect of which the conditions specified in paragraph (1B) are not satisfied;
d
any period of unpaid sick leave taken after 31st August 1995 in respect of which the conditions specified in paragraph (1C) are not satisfied;
e
any other period of unpaid leave falling on or after 27th February 1986 except such a period taken by a person who ceased to serve as a regular policeman before 1st September 1988.
.
2
In regulation F1(1A), for “(a)(ii)” there shall be substituted “ (b)”.
3
After regulation F1(1A) there shall be inserted the following paragraphs:
1B
The conditions referred to in sub-paragraph (c) of the proviso to paragraph (1) are that the person concerned–
a
was serving as a regular policeman during the period immediately preceding a period of maternity leave which includes the period of unpaid maternity leave in question and no election under regulation G4 was effective in respect of that person immediately before the commencement of that period of unpaid leave;
b
in accordance with the provisions of paragraph (1D) pays to the police authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid maternity leave in question if her notional pensionable pay during that period had been at the same rate as her pensionable pay (including any statutory maternity pay payable to her under the Social Security Contributions and Benefits Act 1992 ) immediately before the commencement of the period of unpaid maternity leave which constituted or included the period in question.
1C
The conditions referred to in sub-paragraph (d) of the proviso to paragraph (1) are that the person concerned —
a
was serving as a regular policeman during the period immediately preceding a period of sick leave which includes th eperiod of unpaid sick leave in question and no election under regulation G4 was effective in respect of that person immediately before the commencement of that period of unpaid leave;
b
in accordance with the provisions of paragraph (1D) pays to the police authority a sum equal to the sum of the pension contributions which would have been payable for the period of unpaid sick leave in question if his notional pensionable pay during that period had been at the same rate as his pensionable pay immediately before the commencement of the period of unpaid sick leave which constituted or included the period in question;
c
that the period of unpaid sick leave in question–
i
does not exceed six months; and
ii
when aggregated with any other period or periods of unpaid sick leave which fulfils, or all of which fulfil, the conditions specified in sub-paragraphs (a) and (b), does not exceed twelve months.
1D
a
The person concerned shall, by notice in writing given to the police authority within a period ending–
i
three months after the day on which the period of leave which includes the period of unpaid leave in question ended, or
ii
on the day, if earlier, on which he last serves as a regular policeman,
inform the policy authority that he wishes to make the payment referred to in paragraph (1B)(b) or (1C)(b) and in respect of which period of leave, and which method of payment under sub-paragraph (c) he elects to use:
Provided that, where the person concerned dies before the end of the period specified in this sub-paragraph without having given such notice, the condition so specified shall be deemed to have been satisfied in respect of any period of leave which would otherwise be reckonable by him under this regulation and the person concerned shall be deemed to have elected to make payment by way of instalments under sub-paragraph (c)(ii).
b
On receipt of the notice referred to in sub-paragraph (a), the police authority shall calculate the amount due under paragraph (1B)(b) or (1C)(b) and give written notice of that amount to the person concerned.
c
Payment under paragraph (1B)(b) or (1C)(b) may be made by the person concerned either–
i
by way of a lump sum; or
ii
by instalments on the same dates as pension contributions are payable by him under regulation G2(1):
Provided that where the person concerned has elected to make payment by way of instalments under sub-paragraph (ii), the balance due after payment of any of those instalments may be paid by way of a lump sum equal to that balance at any time before the due date.
d
The total amount due under paragraph (1B)(b) or (1C)(b) shall be paid no later than 6 months after the person concerned is notified by the police authority as to the amount payable or, if he ceases to serve as a regular policeman before then, before the date on which he so ceases (“the due date ”):
Provided that–
in a case where the person concerned ceases to serve as a regular policeman before the total amount due has been paid under this paragraph, any lump-sum payment made within two months of so ceasing or of receiving notification from the police authority as to the amount payable, whichever is the later, shall be deemed to have been made by the due date;
in a case where the person concerned has elected to pay the amount due by instalments and remains in service as a regular policeman throughout the period during which the instalments are paid, any amount which remains due as at the due date may be paid by instalments after that date but no later than 30 months after the date to the extent necessary to ensure that the instalments paid, together with the total of any other contributions payable under regulations made under the Act other than the Police Pensions (Additional Voluntary Contributions) Regulations 1991 , do not exceed 15% of the person’s emoluments in the tax year in which the election takes effect;
and in this sub-paragraph “emoluments” has the meaning given in regulation 2(3) of those Regulations of 1991.
e
Where the person concerned has not paid the full amount due in accordance with the foregoing provisions of this paragraph, the proportion of the unpaid leave in question which shall be reckonable as pensionable service shall be the same proportion as the amount which has been so paid bears to the total amount due:
Provided that where the person concerned dies before the due date there shall be reckonable the full period of unpaid leave in question notwithstanding that the amount due has, in full or in part, not been paid in accordance with the provisions of sub-paragraphs (c) and (d).
f
A regular policeman shall be treated, for the purposes of calculating any award under these Regulations, as having made pension contributions throughout any period or periods of unpaid leave reckonable as pensionable service by virtue of payments made in accordance with this paragraph; and any such period or periods shall be treated for those purposes as part of a continuous period ending with the last day of unpaid leave during the period of service as a regular policeman of the person concerned.
.
4
In regulation F2(1) , at the end there shall be added the words “, F1(1B) or F1(1C)”.
5
In regulation G1(3), after the words “by way of punishment” there shall be inserted the words “or by reason of a period of sick leave or maternity leave being taken”.
6
After regulation G1(3), there shall be inserted the following paragraph:
3A
Where the period referred to in paragraph (2) includes a period of unpaid leave in respect of which payment has been made under regulation F1(1B) or (1C), the pensionable pay during that period shall, for the purposes of determining average pensionable pay, be taken to be the pay to which he would have been entitled had the period of unpaid leave in question not been taken; and accordingly the aggregate of his pensionable pay in respect of that period shall not be taken to exceed the amount which he would have received had the period of unpaid leave in question not been taken.
.
7
In regulation G1(5)(aa), at the end there shall be added the words “ or the last day in respect of which payment has been made under regulation F1(1B) or (1C), whichever is the later”.
8
In Schedule A (glossary of expressions) there shall be inserted–
a
after the definition of “inspector” the following definition:
“maternity leave” has the same meaning as in regulation 36A of the Police Regulations 1995 ;
;
b
after the definition of “serviceman (1939–1945)” the following definition:
“sick leave” means leave taken in accordance with regulation 35 of the Police Regulations 1995;
; and
c
after the definition of “transfer” the following definition:
“unpaid maternity leave” does not include any maternity leave in respect of which statutory maternity pay is payable under the Social Security Contributions and Benefits Act 1992;
.
Transitional provisions
4
1
In a case where the period specified in sub-paragraph (a) of regulation F1(1D) of the principal Regulations as amended by regulation 3(3) has ended before, or ends or will end within a period of 3 months beginning with, the date on which these Regulations come into force (“the commencement date ”), that sub-paragraph shall have effect as if the period within which notice were required to be given was a period of 3 months beginning with the commencement date:
Provided that where the police authority are satisfied that it was not reasonably practicable for notice to be given within that period they may in their discretion accept such notice at any time before the expiry of 12 months from the commencement date.
2
In a case such as is mentioned in paragraph (1) in which notice is given in accordance with that paragraph, regulation F1(1D)(d) of the principal Regulations as amended by regulation 3(3) shall have effect as if after the words “ 30 months” in paragraph (ii) there were inserted the words “or such longer period ending not later than 4 years and six months after the due date as the police authority in their discretion may allow”.
Charles Clarke
Minister of State
Home Office
15th March 2000
We consent,
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Hendon College (Dissolution) Order 2000, and shall come into force on 1st August 2000.
2
On 1st August 2000 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Barnet College, 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 August 2000 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 August 2000;
c
to the transferor were to the corporation; and
d
to the corporation were to Barnet College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Broxtowe (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 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Broxtowe ;
“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 Borough of Broxtowe (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Broxtowe
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards, which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Eastwood
3
1
The existing wards of the parish of Eastwood shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Eastwood North and Eastwood South; the parish ward of Eastwood South shall be coterminous with the borough ward of the same name, and the Eastwood North parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for the Eastwood North parish ward shall be four and for the Eastwood South parish ward shall be eleven.
Wards of the parish of Greasley
4
The parish of Greasley shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; 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 Nuthall
5
The parish of Nuthall 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 the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Stapleford
6
1
The existing wards of the parish of Stapleford shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Stapleford North, Stapleford South East and Stapleford South West; each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for each parish ward shall be six.
Revocation
7
The District of Broxtowe (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
15th December 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County of Hertfordshire (Electoral Changes) Order 2000.
2
This article and articles 2 and 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 3rd May 2001, on 10th October 2000;
b
for all other purposes, on 3rd May 2001.
3
Article 3 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election of a parish councillor for the parish of Abbots Langley to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“county” means the county of Hertfordshire;
“existing”, in relation to a division or ward, means the division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to borough, city and district wards in the county ;
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 County of Hertfordshire (Electoral Changes) Order 2000”, 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.
Divisions of the county of Hertfordshire
2
1
The existing divisions of the county shall be abolished.
2
The county shall be divided into seventy-seven divisions which shall bear the names set out in column (1) of the Schedule.
3
The divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, wards and parishes, or wards and parish wards or, where no area is so described, the area designated on the map by reference to the name of the division and demarcated by red lines; and the number of councillors to be elected for each division shall be one.
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.
Wards of the parish of Abbots Langley
3
1
The existing wards of the parish of Abbots Langley shall be abolished.
2
The parish of Abbots Langley shall be divided into six parish wards which shall bear the names Abbots Langley, Bedmond, Hunton Bridge and Langleybury, Leavesden, Primrose Hill and Tanners Wood; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Leavesden parish ward shall be five, for the Abbots Langley parish ward shall be four, for the Tanners Wood parish ward shall be three and for each of the Bedmond, Hunton Bridge and Langleybury, and Primrose Hill parish wards shall be one.
Revocation
4
The County of Hertfordshire (Electoral Arrangements) Order 1980, and article 5 of the District of Three Rivers (Parishes and Electoral Changes) Order 1998 are hereby revoked.
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
11th September 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Food Irradiation Provisions (England) Regulations 2000; they extend to England only and shall come into force on 20th September 2000.
Amendments to the Food (Control of Irradiation) Regulations 1990
2
The Food (Control of Irradiation) Regulations 1990 shall be amended insofar as they extend to England in accordance with regulations 3 to 16 below.
3
In paragraph (1) of regulation 2 (interpretation) —
a
there shall be inserted immediately after the definition of “the Agency” the following definitions —
“the Directives” means Directive 1999/2 and Directive 1999/3;
“Directive 1999/2” means the European Parliament and Commission Directive 1999/2/ EC on the approximation of the laws of the member States concerning foods and food ingredients treated with ionising radiation ;
“Directive 1999/3” means the European Parliament and Commission Directive 1999/3/EC on the establishment of a Community list of foods and food ingredients treated with ionising radiation ;
; and
b
in the definition of “ionising radiation”, for the words “0.5 Gy” in sub-paragraph (a)(iii) there shall be substituted the words “0.01 Gy in the case of inspection devices which utilise neutrons and 0.5 Gy otherwise”, and for the words “and 5 MeV otherwise” there shall be substituted the words “, 14 MeV in the case of neutrons and 5 MeV otherwise”.
4
In paragraph (1) of regulation 4 (restriction on importation) for the words “Great Britain” there shall be substituted the word “England”.
5
In regulation 6 (restriction on sale), for the words “Great Britain” there shall be substituted the word “England”.
6
After regulation 6 there shall be inserted the following regulation —
Labelling of non-consumer foods
6A
1
a
In the case of foods subject to treatment by ionising radiation not intended for sale to the ultimate consumer or catering establishments the word “irradiated” or the words “treated with ionising radiation” shall be indicated on the documents which accompany or refer to those foods.
b
Either the identity and address of the facility which carried out the irradiation, or the official reference number, shall be indicated on the documents referred to in sub-paragraph (a) above.
2
In this regulation “ultimate consumer” and “catering establishment” have the meanings given in regulation 2(1) of the Food Labelling Regulations 1996 ; and “the official reference number” is that referred to in Article 7.1 of Directive 1999/2.
.
7
In regulation 7 (activities taking place in Northern Ireland) —
a
for the heading there shall be substituted “ Activities taking place in Northern Ireland, Scotland and Wales ”; and
b
after the words “Northern Ireland” there shall in each case be inserted the words “, Scotland or Wales, as the case may be”.
8
For the text of regulation 8 (defence in relation to exports) there shall be substituted —
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food, in respect of which the offence is alleged to have been committed, was intended for export to a country which is not a member of the European Community, that that country had legislation analogous to these Regulations and that the food complies with such legislation.
.
9
In Schedule 1 (irradiation licences), in Part I (grant of irradiation licences), in paragraph 1 —
a
the words “and how that would benefit consumers” shall be inserted at the end of sub-paragraph (f)(i);
b
the following sub-paragraph shall be inserted between sub-paragraphs (f) and (g) —
ff
in respect of each description of food specified pursuant to sub-paragraph (e) above, particulars demonstrating that his operation will be in conformity with Annex III to Directive 1999/2 and the Joint FAO /WHO Codex Alimentarius Commission Recommended International Code of Practice for the operation of irradiation facilities used for the treatment of foods (in this Part of this Schedule referred to as “the Code of Practice”), reference FAO/WHO/ CAC , vol. XV , edition 1,
; and
c
the following sub-paragraph shall be inserted between sub-paragraph (g) and (h) —
gg
details of the person who has been designated to be responsible for compliance with the conditions necessary for application of the practices referred to in sub-paragraph (g) above,
.
10
In Schedule 1, in Part I, in paragraph 3(1) —
a
immediately before sub-paragraph (b) there shall be inserted the following sub-paragraph —
aa
that the irradiation will be performed in conformity with the Code of Practice,
;
b
in sub-paragraph (g), after “paragraph 1(f)(iv) above” there shall be inserted “are in conformity with Annex III to Directive 1999/2 and”;
c
in sub-paragraph (h) the word “and” at the end shall be omitted;
d
after sub-paragraph (i) there shall be added the following —
and
j
that the irradiation will be of benefit to the consumer,
; and
e
in the full-out words, for “paragraphs (a) to (i) above” there shall be substituted “sub-paragraphs (a) to (j) above”.
11
In Schedule 1, in Part II (terms and conditions of irradiation licences) —
a
in paragraph 9(1) there shall be inserted at the beginning the words “The licence shall prohibit the licensee from subjecting any food to treatment by ionising radiation in combination with any chemical treatment having the same purpose as that treatment.”;
b
the contents of paragraph 15 shall be numbered “(1)” and there shall be added the following sub-paragraph —
2
The licence shall require the licensee to preserve the records referred to in sub-paragraph (1) for a period of 5 years after making.
;
c
for paragraph 16(1) there shall be substituted the following —
1
The licence shall require the licensee to send to the licensing authority within twenty eight days after each anniversary of the date from which the licence runs a written return in respect of the year ending with that anniversary.
; and
d
for paragraph 18 (duration) there shall be substituted the following —
Duration
18
The licence shall, subject to Part III below, continue in effect unless withdrawn or suspended in accordance with the provisions of Part IV below or surrendered by the licensee to the licensing authority; and existing licenses shall be construed accordingly.
.
12
In Schedule 1, in Part III (variation of irradiation licence), for paragraph 1(1) there shall be substituted the following —
1
The licensing authority and the licensee may, subject to paragraph 2 below, agree between themselves, on payment by the licensee to the licensing authority of the appropriate variation agreement charge, to vary —
a
the term of the licence inserted by virtue of paragraph 4 of Part II above , but only if the licence will if so varied apply to the same one of the seven permitted descriptions of food that it did prior to the variation; and in deciding whether or not to agree to vary that term the licensing authority shall consider whether it is satisfied that the conditions of the licence inserted by virtue of paragraph 5 or 6 of Part II above are appropriate to the new description of food, or should be varied, and whether any new conditions should be inserted; or
b
any condition of a licence inserted by virtue of paragraph 5 or 6 of Part II above.
.
13
In Schedule 1, in Part IV (withdrawal, suspension and extension of irradiation licence) —
i
in the heading “ Withdrawal, suspension and extension of irradiation licence ” for the words “ , suspension and extension ” there shall be substituted the words “ and suspension ”, and
ii
paragraphs 4 and 5 shall be revoked.
.
14
In Schedule 1, in Part VI (charges) —
a
for paragraph 2 there shall be substituted the following —
2
For the purposes of this Schedule —
a
the amount of the application consideration charge is £5,000 plus —
i
if more than one description of food is specified by virtue of paragraph 1(e) of Part I above, a sum (fixed at the discretion of the licensing authority) no greater than £1,5000 × A, where A is one less than the number of descriptions of food so specified, and
ii
if the application (however many descriptions of food the application relates to) falls within paragraph 3(3) of Part I above, a sum (fixed at the discretion of the licensing authority) no greater than the sum which would otherwise have been payable in respect of the original application;
b
the amount of the inspection charge is £750 for each inspection carried out in respect of which an inspection charge is payable; and
c
the amount of the variation agreement charge is —
i
in the case of a variation pursuant to paragraph 1(1)(a) of Part III above whereby the licence, if varied, will apply to a description of food not specified in the term of the licence inserted by virtue of paragraph 4 of Part II above which specifies each description of food to which the licence applies, a sum (fixed at the discretion of the licensing authority) no greater than £1,500 × (B − C), where B is the number of descriptions of food to which the licence, if varied, will apply and C is the number of descriptions of food specified in the term, and
ii
£500 in any other case.
;
b
in sub-paragraph (b) of paragraph 3 —
i
for the words “other than a pure continuation licence, £1,800” in paragraph (i) there shall be substituted “, £1,500”, and
ii
for “£2,700” in paragraph (ii) there shall be substituted “£2,250”.
15
For Schedule 2 (importation of food) there shall be substituted the following —
SCHEDULE 2
IMPORTATION OF FOOD
Regulation 4
PART I: Importation from other member States
1
This Part applies to the importation of food irradiated in other member States.
2
For the purposes of regulation 4 —
a
“recognised appropriate origin” means origin in a plant, authorised by the Competent Authority of that State, which is listed in the Official Journal of the European Communities pursuant to Article 7.4 of Directive 1999/2; and
b
“appropriate documentation” means documentation containing the information referred to in regulation 6A(1)(b).
PART II: Importation from third countries
1
This Part applies to the importation of food irradiated in a country (or territory) outside the European Community.
2
In the case of herbs and spices, for the purposes of regulation 4 —
a
“recognised appropriate origin” means origin in a plant approved pursuant to Article 9 of Directive 1999/2, and listed in the Official Journal of the European Communities pursuant to that Article; and
b
“appropriate documentation” means the documents referred to in the second indent of paragraph 1 of the said Article 9.
3
In the case of food other than herbs and spices —
1
Recognition of appropriate origin shall be effected by publication by the Agency of a notice in the London Gazette declaring that an origin is an appropriate origin for the purposes of these Regulations.
2
“Origin” means, in relation to a country or territory specified in the notice, origin in that country or territory.
3
Recognition of appropriate origin may not be effected by the Agency in respect of any country unless it is satisfied —
a
that in that country food which is subjected to treatment by ionising radiation may only be so subjected if the person who subjects it has a current irradiation licence granted, under a reference by which that licence can be identified, by a competent authority in that country;
b
that any irradiation licence granted in that country includes provision for an approved method of measurement relating to food to which the licence relates; and
c
that the operation of the legislation in force in that country relating to the subjection there of food to treatment by ionising radiation protects human health to an extent not less than human health is protected by operation of these Regulations.
4
If the Agency ceases to be satisfied of the matters specified in sub-paragraphs (a), (b) and (c) of sub-paragraph (2) above in respect of an origin in a country it may publish in the London Gazette notice that, as from a date specified in the notice, that origin shall no longer be an appropriate origin for the purposes of these Regulations and, if such a notice is published, the recognition of appropriate origin shall cease to have effect on that date.
Appropriate documentation
5
Appropriate documentation for food other than herbs and spices for the purposes of these Regulations is a statement to the effect that the food has been subjected to treatment by ionising radiation, together with —
a
a copy of all the particulars a copy of which, by virtue of sub-paragraphs (a) to (d) of paragraph 15(1) of Part II of Schedule 1 above, would be required to accompany any food had it been consigned by the holder of an irradiation licence to any other person after subjection by him to treatment by ionising radiation; and
b
confirmation from the holder of the irradiation licence in the country in which the food was subjected to treatment by ionising radiation that the irradiation licence was in effect in relation to the food at the time at which that treatment took place.
.
16
In Schedule 3 (requirements for storage and transportation) —
a
in paragraphs 2 and 4, for “Great Britain” there shall be substituted in each case “England”; and
b
in paragraph 4, after “Northern Ireland” there shall be inserted “, Scotland and Wales”.
Amendments to the Food Labelling Regulations 1996
17
The Food Labelling Regulations 1996 shall be amended insofar as they apply to England in accordance with regulations 18 to 24 below.
18
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “Directive 94/54” there shall be inserted the following definition —
“Directive 99/2” means European Parliament and Council Directive 1999/2/EC on the approximation of the laws of the member States concerning foods and food ingredients treated with ionising radiation;
; and
b
in the definition of “ionising radiation”, for the words “0.5 Gy” in sub-paragraph (c) there shall be substituted the words “0.01 Gy in the case of inspection devices which utilise neutrons and 0.5 Gy otherwise”, and for the words “and 5 MeV otherwise” there shall be substituted the words “, 14 MeV in the case of neutrons and 5 MeV otherwise”.
19
In paragraph (1)(iv) of regulation 3 (exemptions), for the words “and Directive 94/54” there shall be substituted the words “, Directive 94/54 and Directive 99/2”.
20
For paragraph (4)(b) of regulation 15 (compound ingredients) there shall be substituted —
b
the compound ingredient constitutes less than 25 per cent of the finished product, except that —
i
subject to regulation 17, any additive which is an ingredient of such a compound ingredient shall be named in the list of ingredients in accordance with paragraph (2) of this regulation, and
ii
where an ingredient of such a compound ingredient has been irradiated the name of that ingredient and the words required by paragraph 2 of Schedule 2 shall be given, except in the case of food which is prepared for patients requiring sterile diets under medical supervision.
.
21
The following paragraph shall be inserted between paragraphs (4) and (5) of regulation 26 (small packages and certain indelibly marked bottles) —
4A
Any food which —
a
by virtue of paragraph (1) or (3) of this regulation alone is exempted from the requirement to be marked or labelled with a list of ingredients;
b
contains any ingredient which has been irradiated; and
c
is not prepared for patients requiring sterile diets under medical supervision,
shall be marked or labelled with an indication that it contains that ingredient, and in such a case the reference within that indication to that ingredient shall include or be accompanied by the word “irradiated” or the words “treated with ionising radiation”.
.
22
In regulation 35 (general requirement as to the manner of marking or labelling of food other than food to which regulation 23, 27 or 31 applies) —
a
the existing text shall be numbered “(1)”;
b
in the full-out words to paragraph (1), after the word “may” there shall be inserted the words “(except as provided in paragraph (2) of this regulation)”; and
c
there shall be inserted after paragraph (1) the following paragraph —
2
In the case of food to which paragraph (1) of this regulation applies which has been irradiated, other than food which is prepared for patients requiring sterile diets under medical supervision, the alternative provided for in the full-out words to that paragraph shall not apply as regards the particulars specified in regulations 14(2) and 26(4A) and paragraph 2 of Schedule 2, and the word “irradiated” or the words “treated with ionising radiation” shall in all cases appear on the commercial documents relating to such food.
.
23
In regulation 36 (manner of marking or labelling of food to which regulation 23 or 27 applies) —
a
immediately after paragraph (1) there shall be inserted the following paragraph —
1A
Paragraphs (2) to (4) of this regulation shall apply only to food which is prepared for patients requiring sterile diets under medical supervision.
;
b
in paragraph (5), in sub-paragraph (c) there shall be inserted at the beginning the phrase “(except as provided in paragraph (6) of this regulation)”; and
c
there shall be inserted at the end the following paragraphs —
6
Notwithstanding the foregoing paragraphs of this regulation (but subject to paragraph (7) of the same), in the case of the sale of any food to which regulation 23 or 27 applies which has been irradiated —
a
the word “irradiated” or the words “treated with ionising radiation” shall in all cases appear on the commercial documents relating to such food; and
b
sub-paragraph (c) of paragraph (5) of this regulation shall not apply as regards the particulars specified in regulations 14(2), 25(1) and 27(3) and (4) and paragraph 2 of Schedule 2.
7
Paragraph (6) of this regulation shall not apply in relation to food which is prepared for patients requiring sterile diets under medical supervision.
.
24
In sub-paragraph (b) of regulation 47 (defence in relation to exports), for the words “and Directive 94/54” there shall be substituted the words “, Directive 94/54 and Directive 99/2”.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
21st August 2000


text:
Citation, commencement, interpretation and extent
1
1
These Rules may be cited as the General Medical Council (Legal Assessors) (Amendment) Rules 2000 and shall come into force on 16th August 2000.
2
In these Rules: —
a
“the 1980 Rules ” means the General Medical Council (Legal Assessors) Rules 1980 ; and
b
a rule referred to by number alone means the rule so numbered in those Rules.
3
These Rules extend to England, Wales and Northern Ireland only.
Amendments to the 1980 Rules
2
In rule 1(2), in the definition of “the Committee”, after the words “being either” there shall be inserted the words “the Interim Orders Committee,”.
3
In rule 4, after the words “proceedings before” where they first appear, there shall be inserted the words “the Interim Orders Committee,”.
4
In rule 5, after the words “on any occasion” there shall be inserted the words “the Interim Orders Committee,”.
Irvine of Lairg, C.
17th July 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Scarborough (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 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Scarborough;
“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 Scarborough (Electoral Changes) Order 2000”, 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 borough of Scarborough
2
1
The existing wards of the borough shall be abolished.
2
The borough 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, where no area is 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.
Wards of the parish of Filey
3
The parish of Filey shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; 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 Glaisdale
4
The parish of Glaisdale 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 the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Newby and Scalby
5
1
The existing wards of the parish of Newby and Scalby shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Newby and Scalby; each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for the Newby parish ward shall be eight, and for the Scalby parish ward shall be five.
Wards of the parish of Whitby
6
1
The existing wards of the parish of Whitby shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Abbey, Ruswarp, Stakesby, Town North, Town South and West Cliff; and the wards shall comprise the areas designated on sheet 13 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Abbey parish ward shall be five, for each of the Stakesby and West Cliff parish wards shall be four, and for each of the Ruswarp, Town North and Town South parish wards shall be two.
Revocation
7
The Borough of Scarborough (Electoral Arrangements) Order 1977 is hereby revoked.
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
22nd September 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2000 and shall come into force on 1st October 2000.
2
These Regulations extend to England only.
Application
2
These Regulations apply in relation to any person (“the appointed person”) who is after 1st October 2000 appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration, and travelling or subsistence allowances (if any) in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.
Standard daily amount
3
The standard daily amount prescribed under section 303A(8) of the 1990 Act is £300.
Travelling allowances
4
The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person is —
a
where he travels by means of his own private motor car, or such a vehicle for his use, in connection with the examination in public, —
i
where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 4,000 miles and 24 pence for each mile in excess of 4,000;
ii
where it is reasonably practicable for him to travel by means of rail, bus or coach, 24 pence per mile;
iii
if he is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 3 pence for each mile he travels in connection with the examination in public for the first such passenger and 2 pence per mile for every other such passenger.
b
where he travels by means of his own private motor cycle, or such a vehicle for his use, the amount per mile specified in the second or third column in Schedule 1 to these Regulations according to the cylinder capacity of the motor cycle engine specified in those columns and the type of insurance cover taken out by the appointed person in relation to that motor cycle specified in the first column;
c
where he travels by means of a pedal cycle, 12 pence per mile;
d
where he travels by means of transport other than that described in sub-paragraphs (a), (b) or (c), the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowance
5
1
The subsistence allowance prescribed under section 303A(8) of the 1990 Act, except as specified in paragraph (2), in respect of absence of the appointed person from his usual place of residence for the period described in the first column of Schedule 2 to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of that Schedule, whichever is the less.
2
For each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to allowances of —
a
the actual cost of accommodation and meals during that period, subject to a maximum amount of —
i
£95 per night spent away from his place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;
ii
£75 per night where the examination in public is in any other area; or
iii
£25 per night where the appointed person stays with friends or relatives; and
b
£5 for incidental expenses.
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
25th August 2000.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fenland Primary Care Trust (Establishment) Order 2000 and shall come into force on 17th February 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of the Act ;
“establishment date” means the date of coming into force of this Order;
“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 Fenland 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 Fenland 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 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 2000.
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 Cambridgeshire 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 Cambridgeshire 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 North West Anglia 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.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients, other than community health services.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th February 2000


text:
Citation and commencement
1
This Order may be cited as the East Gloucestershire National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 14th October 2000.
Amendment of NHS trust Establishment Order
2
In sub-paragraph (b) of article 3(2) of the East Gloucestershire National Health Service Trust (Establishment) Order 1990 (nature and functions of the trust), for the words “Burlington House, Lypiatt Road, Cheltenham GL50 2QN” substitute the words “Trust HQ, Number 1 College Lawn, Cheltenham GL53 7AG”.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Minister of State,
Department of Health
4th October 2000


text:
Citation, commencement and extent
1
This Order, which extends to England only, may be cited as the Docks and Harbours (Rateable Values) (England) Order 2000 and shall come into force —
a
for all purposes other than those of article 5, on the day after the day on which it is made; and
b
for the purposes of article 5, on 1st April 2000.
Interpretation
2
In this Order —
“the 1988 Act ” means the Local Government Finance Act 1988;
“accounting period” in relation to an undertaking means the period by reference to which the accounts relating to the undertaking are compiled;
“adjusted balance” in relation to an undertaking and a period means 92.5 per cent of the adjusted income of the undertaking for the period less 100 per cent of its adjusted expenditure for the period;
“adjusted expenditure” in relation to an undertaking and a period, means the amount of relevant expenditure of the undertaking for the period multiplied by
P Y
, and “adjusted income” in relation to an undertaking and a period means the amount of relevant income of the undertaking for that period multiplied by
P Y
where —
a
P is the retail prices index for September 1997, and
b
Y is the retail prices index for the September falling during the period in question, unless the base month for the index for that September differs from the base month for the index for September 1997, in which case Y is the figure calculated for the purposes of paragraph 5(5) of Schedule 7 to the 1988 Act as the figure which would have been the index for the September falling during the period if the base month for the index had been the same in both cases;
“conservancy functions” means functions conferred by or under any enactment for the conservation, maintenance or improvement of the navigation of a tidal water;
“relevant balance” in relation to an undertaking and a period means 92.5 per cent of the relevant income of that undertaking for the period, less 100 per cent of its relevant expenditure for the period;
“relevant expenditure” in relation to an undertaking and a period means all expenditure included or falling to be included in the revenue or profit and loss account of the undertaking for the period, whether derived from the operations carried on under the authority referred to in article 3(1)(a) or otherwise, other than —
expenditure in respect of pilotage;
expenditure —
in relation to investments required to be shown in the accounts of the undertaking (other than expenditure in relation to investments in subsidiary companies);
consisting of or relating to interest payable in respect of borrowing;
consisting of payments for, or in connection with, the management of property which is let out and which is or forms part of either a hereditament shown on any non-domestic rating list or a dwelling which is shown on any valuation list maintained under Part I of the Local Government Finance Act 1992;
expenditure incurred in respect of the disposal of land;
expenditure incurred in connection with the exercise of conservancy functions; and
amounts written off in respect of depreciation;
“relevant income” in relation to an undertaking and a period means all income by way of revenue included or falling to be included in the revenue or profit and loss account of the undertaking for the period, whether derived from the operations carried on under the authority referred to in article 3(1)(a) or otherwise, but excluding —
income in respect of pilotage;
income from —
investments required to be shown in the accounts of the undertaking (other than investments in subsidiary companies);
loans or deposits;
rent or other payments receivable in consideration of the grant of permission for occupation or use of any property of the undertaking, or rights over such property, which is or forms part of either a hereditament which is shown on any non-domestic rating list or a dwelling which is shown on any valuation list maintained under Part I of the Local Government Finance Act 1992;
any sum receivable in respect of the disposal of land; and
an amount equal to any amount deducted in accordance with paragraph (d) of the definition of relevant expenditure (expenditure incurred in connection with the exercise of conservancy functions);
“retail prices index” has the meaning given by paragraph 5(8) of Schedule 7 to the 1988 Act ;
“subsidiary” has the meaning given by section 736 of the Companies Act 1985 ;
“year” means a chargeable financial year; and in relation to any year “relevant preceding year” means the year ending immediately before the year in question.
Application
3
1
This Order applies, except in the cases described in paragraphs (2) to (4) —
a
to any hereditament which consists of a dock or harbour undertaking carried on under authority conferred by or under any enactment, and
b
in relation to a local non-domestic rating list (the “relevant list”) compiled on 1st April 2000 in which such a hereditament falls to be shown.
2
This Order does not apply —
a
where the relevant income of the dock or harbour undertaking was not more than £1,000,000 —
i
in any accounting period of twelve months ending during the year ending with 31st March 1998, or, if there is none,
ii
if there is an accounting period of any other length which ends in that year, in the period of twelve months which ends with the last day of the last such accounting period, or, if there is none,
iii
in the twelve months ending with 31st March 1998; or
b
where the persons carrying on the dock or harbour undertaking use the dock or harbour exclusively or mainly for the purpose of bringing or receiving goods —
i
manufactured or produced by them; or
ii
to be used by them for the manufacture or production of goods or electricity; or
iii
to be sold by them; or
iv
manufactured or produced by an associated body, and to be sold by that body.
3
For the purposes of paragraph (2)(b), a body shall be treated as the associated body of any persons if —
a
it is a body corporate in relation to which those persons directly or indirectly own or control not less than 51 per cent of its issued share capital; or
b
it is a body corporate in relation to which those persons and any other associated body or bodies of theirs directly or indirectly own or control not less than 51 per cent of its issued share capital.
4
Other than for the purposes of the calculation of relevant income or relevant expenditure, this Order does not apply to a hereditament occupied by the persons carrying on a dock or harbour undertaking which does not consist exclusively of operational land.
5
In paragraph (4), “operational land” means land which is used for the purpose of the carrying on of the undertaking, not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used for the purpose of carrying on statutory undertakings (within the meaning of the Town and Country Planning Act 1990 ).
Rateable values
4
1
Paragraphs 2 to 2C of Schedule 6 to the 1988 Act shall not apply to any hereditament to which this Order applies; and the rateable value of any such hereditament shall be determined in accordance with this article.
2
Subject to paragraphs (4) and (5), the rateable value of any hereditament to which this order applies for the year beginning on 1st April 2000 shall be an amount equal to 27.5 per cent of the relevant balance of the undertaking for —
a
an accounting period of twelve months ending during the year ending with 31st March 1998, or, if there is none,
b
if there is an accounting period of any other length which ends in that year, the period of twelve months which ends with the last day of the last such accounting period, or, if there is none,
c
the twelve months ending with 31st March 1998.
3
Subject to paragraphs (4) to (6), for any subsequent year for which the relevant list has effect the rateable value of any hereditament to which this order applies shall be an amount equal to 27.5 per cent of the adjusted balance of the undertaking for —
a
an accounting period of twelve months ending during the relevant preceding year, or, if there is none,
b
if there is an accounting period of any other length which ends in the relevant preceding year, the period of twelve months which ends with the last day of the last such accounting period, or, if there is none,
c
the relevant preceding year.
4
Where in relation to a year and an undertaking the amount equal to 27.5 per cent of X is greater than 13 per cent of Z, paragraph (2) or, as the case may be, paragraph (3) shall not apply, and the rateable value for that year shall be equal to 13 per cent of Z.
5
Where in relation to a year and an undertaking the amount equal to 27.5 per cent of X is less than 5 per cent of Z, paragraph (2) or, as the case may be, paragraph (3) shall not apply, and the rateable value for that year shall be equal to 5 per cent of Z.
6
Where in relation to a year beginning on or after 1st April 2001 and an undertaking the rateable value determined under paragraph (3), or, as the case may be, paragraph (4) or (5), would differ from the rateable value for the relevant preceding year by no more than 20 per cent of that rateable value, the paragraph in question shall not apply, and the rateable value for that year shall be the same as the rateable value for the relevant preceding year.
7
For the purposes of paragraphs (4) and (5) —
a
X for the year beginning on 1st April 2000 is the relevant balance and for subsequent years is the adjusted balance;
b
Z for the year beginning on 1st April 2000 is the relevant income and for subsequent years is the adjusted income;
c
X and Z shall be computed for the year beginning on 1st April 2000 for the period described in paragraph (2)(a) or, if there is no such period, for the period described in paragraph (2)(b) or, if there is no such period, for the period described in paragraph (2)(c);
d
X and Z shall be computed for subsequent years for the period described in paragraph (3)(a) or, if there is no such period, for the period described in paragraph (3)(b) or, if there is no such period, for the period described in paragraph (3)(c).
8
Where (apart from this paragraph) any rateable value determined under this article would include a fraction of a pound —
a
if the fraction would exceed 50p it shall be made up to one pound, and
b
if the fraction would be 50p or less it shall be ignored.
Revocations and savings
5
1
Subject to paragraph (2), the following are hereby revoked —
a
the Docks and Harbours (Rateable Values) Order 1989 ;
b
the Docks and Harbours (Rateable Values) (Amendment) Order 1994 .
2
Without prejudice to section 16(1) of the Interpretation Act 1978 , the Orders mentioned in paragraph (1) shall continue to have effect on and after 1st April 2000 for the purposes of, and for purposes connected with —
a
any alteration of a local non-domestic rating list compiled before 1st April 2000; or
b
any provision made by regulations under section 58 (special provision for 1995 onwards) of the 1988 Act as to the chargeable amount as regards a hereditament for a relevant period as defined in that section.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th March 2000


text:
Commencement and citation
1
This order may be cited as the A3220 Trunk Road (Hammersmith & Fulham) Red Route (Clearway) Traffic Order 2000, and shall come into force on 30th June 2000.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route clearway” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3), (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”;
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”; and
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“Ariel Way Link” means the carriageway (but not any footways) comprised in the over bridge and ramp comprising the link between West Cross Route and Ariel Way in the London Borough of Hammersmith and Fulham.
General prohibition of stopping
3
1
Subject to the provisions of paragraph (2) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop at any time in the trunk road red route clearway.
2
Not taken up.
Exemptions for parking
4
Not taken up.
Miscellaneous exemptions for parking
5
1
Not taken up.
2
Not taken up.
3
Not taken up.
4
Not taken up.
Exemptions for loading and unloading
6
Not taken up.
Exemptions for disabled persons
7
1
Not taken up.
2
Not taken up.
3
Not taken up.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
using the vehicle for fire brigade, ambulance or police purposes;
f
using the vehicle in connection with the removal of any obstruction to traffic;
g
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
2
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
10
1
Subject to paragraph (2) of this article, the Hammersmith, Kensington and Chelsea and City of Westminster (Various Prohibitions and Restrictions) Traffic Order 1970 is hereby revoked, in so far as its provisions relate to any part of the trunk road red route clearway.
2
The revocation specified in paragraph (1) of this article shall take effect in respect of any provision contained in the Hammersmith, Kensington and Chelsea and City of Westminster (Various Prohibitions and Restrictions) Traffic Order 1970 only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
20th June 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 1) Order 2000.
2
In this Order “ the Act ” means the Adoption (Intercountry Aspects) Act 1999.
Appointed day
2
31st January 2000 is the day appointed for the coming into force of section 13 (construction of certain references in 1976 and 1978 Acts) of the Act in so far as it inserts a new subsection (3A) after subsection (3) of section 72 of the Adoption Act 1976 .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th January 2000


text:
1
These Regulations may be cited as the Income Tax (Benefits in Kind) (Exemption for Welfare Counselling) Regulations 2000 and shall come into force on 21st August 2000.
2
1
There shall be exempted from section 154 of the Income and Corporation Taxes Act 1988 a benefit consisting of welfare counselling that is made available to an employer’s employees generally on similar terms.
2
In paragraph (1) “welfare counselling” means counselling of any kind other than —
a
medical treatment of any kind, or
b
advice specified in paragraph (3).
3
The advice specified in this paragraph is advice on finance (other than on debt problems), advice on tax, or on leisure or recreation, and legal advice.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
28th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Judicial Pensions (Implementation of Pension Credits) Regulations 2000 and shall come into force on 1st December 2000 immediately after the coming into force of the Judicial Pensions and Retirement Act 1993 (Amendment) Regulations 2000 .
Interpretation
2
In these Regulations —
“the 1993 Act ” means the Judicial Pensions and Retirement Act 1993;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
all words and phrases defined in section 30(1) of the 1993 Act or section 29(8) of the 1999 Act have the meanings given by those sections.
Implementation of pension credits
3
These Regulations apply to the calculation and verification of the rights to be conferred on the transferee in the case specified in paragraph 1(1) of Schedule 2A to the 1993 Act.
4
1
The appropriate rights in a case to which these Regulations apply shall consist of a pension of an annual rate calculated in accordance with the following paragraphs of this regulation, payable from the later of —
a
the day on which the transferee attains the age of 65, or
b
the end of the implementation period as determined in accordance with section 34 of the 1999 Act.
2
Where the transferor has not received a lump sum under section 4 of the 1993 Act before the pension sharing order was made, the appropriate rights shall also include a lump sum of an amount equal to two and one-quarter times the annual rate of the pension referred to in paragraph (1) above, payable on the day on which the pension begins to be payable.
3
The annual rate shall be calculated —
a
in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on his behalf for that purpose; and
b
so as to ensure that the value of the rights, when calculated in accordance with regulations made by the Secretary of State under paragraph 5(b) of Schedule 5 to the 1999 Act, equals the amount of the pension credit.
5
Where the transferee dies after the making of the pension sharing order but before attaining the age of 65, a lump sum of an amount equal to two and one-quarter times the annual rate of the pension calculated in accordance with regulation 4(3) may be paid —
a
to the person (if any) nominated by the transferee for the purposes of this regulation by notice in writing to the administrators of the scheme constituted by Part I of the 1993 Act; or
b
in default of such nomination, to his personal representatives.
6
If the transferee, or the person nominated or personal representatives in a case within regulation 5, is aggrieved by any decision taken by the administrators of a judicial pension scheme concerning the rights to be conferred on the transferee, he shall have a right of appeal to the appropriate Minister against that decision, and section 20 of the 1993 Act shall apply with the necessary modifications.
Irvine of Lairg, C.
Dated 1st November 2000
John Reid
Secretary of State for Scotland
Dated 2nd November 2000


text:
1
This Instrument may be cited as “The Devon County Council (Yeo Bridge Barnstaple) Scheme 1999 Confirmation Instrument 2000” 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 Devon County Council (Yeo Bridge Barnstaple) Scheme 1999 (“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 of the Environment, Transport and the Regions, Floor 13, Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of North Devon District Council at the Civic Centre, Barnstaple, Devon.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
R. C. Dobbie
Regional Director Government Office for the North East
16th May 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Energy Crops Regulations 2000 and shall come into force on 5th December 2000.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“agricultural land” means land used for agriculture for the purposes of a trade or business;
“agriculture” has the meaning given to it by section 109(3) of the Agriculture Act 1947 ;
“applicant” means any person who has made an application pursuant to regulation 4, the result of which is still pending;
“approved project” means a project which has been approved by the Minister under these Regulations, and “approve” and “approval” are to be construed accordingly;
“area of archaeological importance” means an area designated as such by an order under section 33 of the Ancient Monuments and Archaeological Areas Act 1979 ;
“area of outstanding natural beauty” means an area designated as such by an order under section 87(1) of the National Parks and Access to the Countryside Act 1949 ;
“area of special scientific interest” means an area which is the subject of a notification under section 28 of the Wildlife and Countryside Act 1981 ;
“beneficiary” means a person or producer organisation who, or which, has been granted approval for a project;
“Community assistance” means assistance from the European Agricultural Guidance and Guarantee Fund granted pursuant to the Community legislation;
“the Community legislation” means the instruments listed in the Schedule to these Regulations, in so far as they relate to expenditure for which support may be granted pursuant to Article 4, 30 or 31 of Council Regulation 1257/1999/ EC ;
“Council Regulation 1257/1999/EC” means Council Regulation (EC) No. 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) ;
“designated” means designated at the time of the making of these Regulations;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“energy crops” means crops of miscanthus or short rotation coppice;
“energy producer” means any person who operates an energy production unit;
“energy production unit” means equipment or a plant which produces energy through the use of energy crops as a fuel supply;
“the ERDP ” means the England Rural Development Programme approved by the Commission in the Decision referred to in the Schedule to these Regulations, and “the relevant part of the ERDP” means that part of the ERDP which relates to expenditure for which support may be granted pursuant to Article 4, 30 or 31 of Council Regulation 1257/1999/EC ;
“European site” has the meaning given to it by regulation 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 ;
“financial assistance” means an amount paid or payable under these Regulations;
“holding” has the same meaning as in Article 1(4) of Council Regulation ( EEC ) No. 3508/92 of 27 November 1992 establishing an integrated administration and control system for certain Community aid schemes ;
“large-scale energy production unit” means an energy production unit which produces electricity or heat or both, and which has a net rated thermal input of more than four megawatts;
“local authority” means the council of a county or district, or the council of a London borough;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“miscanthus” means perennial rhizomatous grasses of the Miscanthus species;
“National Park” means an area designated as such by an order under section 5(3) of the National Parks and Access to the Countryside Act 1949;
“nature reserve” means —
land subject to an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 that it shall be managed as a nature reserve; or
land declared to be a national nature reserve by the Nature Conservancy Council for England pursuant to section 35 of the Wildlife and Countryside Act 1981;
“net rated thermal input” means the rate at which fuel can be burned at the maximum continuous rating for an appliance multiplied by the net calorific value of that fuel, expressed in megawatts thermal;
“project” means a project involving —
the establishment of energy crops; or
the formation of a producer organisation for the purposes of managing the production and supply of short rotation coppice;
“scheduled monument” means any monument included in the Schedule compiled by the Secretary of State under section 1(1) of the Ancient Monuments and Archaeological Areas Act 1979;
“short rotation coppice” means fast-growing species of the genera Salix and Populus , densely planted, coppiced and cultivated in the short term and regularly harvested;
“small-scale energy production unit” means an energy production unit which produces electricity or heat or both, and which has a net rated thermal input of no more than four megawatts; and
“the statutory countryside bodies” means the Countryside Agency and the Nature Conservancy Council for England .
2
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is consequently capable of being reproduced.
Assistance for the establishment of energy crops and the formation of producer organisations
3
The Minister may pay financial assistance to a beneficiary towards expenditure incurred or to be incurred by him in connection with an approved project.
Applications for approval of projects
4
An application for the approval of a project shall be made in such form and contain such information as the Minister reasonably may require.
Approval of projects
5
1
Subject to the duty imposed on him by section 17 of the Agriculture Act 1986 (duty to balance agricultural, economic, social, environmental and recreational interests in exercising agricultural functions), the Minister may —
a
refuse to approve a project for the receipt of financial assistance; or
b
approve it in whole or in part, unconditionally or subject to such conditions as he may determine,
but he shall not approve a project unless he is satisfied that —
i
it is eligible for Community assistance and is in accordance with the relevant part of the ERDP; and
ii
the conditions specified in paragraph (2) have been fulfilled.
2
The conditions referred to in paragraph (1) are that —
a
the land to which the project relates —
i
is agricultural land, where that project involves the establishment of short rotation coppice pursuant to Article 31 of Council Regulation 1257/1999/EC;
ii
is not agricultural land, where that project involves the establishment of short rotation coppice pursuant to Article 30 of Council Regulation 1257/1999/EC;
iii
is part of a holding, where that project involves the establishment of miscanthus; and
iv
in every case, is located within the catchment area of the energy production unit to which the energy crops established on that land are to be supplied;
b
the applicant occupies the land to which the project relates either —
i
as freehold owner; or
ii
as lessee under a tenancy from year to year or granted for a term of not less than two years;
c
where the applicant occupies the land to which the project relates in accordance with sub-paragraph (b)(ii), the owner or, where there is more than one, each owner of that land has given his consent in writing to the project in such form as the Minister reasonably may require, and for the purposes of this sub-paragraph, “owner” means a freehold owner and any superior tenant where the applicant occupies that land as a sub-tenant; and
d
following the harvesting of the energy crops to be established under the project, the whole of the yield resulting from that harvesting is either —
i
under the terms of a written agreement between the applicant and an energy producer, sent to the energy producer for use in an energy production unit; or
ii
used by the applicant in a small-scale energy production unit.
3
For the purposes of paragraph (2)(a)(iv), the land to which a project relates is located within the catchment area of an energy production unit where —
a
in the case of a small-scale energy production unit, it is located within 10 miles of that energy production unit; and
b
in the case of a large-scale energy production unit, it is located within 25 miles of that energy production unit, or within such distance as the Minister may direct in the light of representations made to that effect by an energy producer.
4
The Minister may vary an approval by varying any condition to which it is subject, or imposing conditions.
5
Before approving a project under paragraph (1) or varying an approval under paragraph (4), the Minister shall consult —
a
in all cases, in order to determine whether the land to which the project relates is land forming part of an area of archaeological importance, the relevant local authority;
b
in the case of a project involving the establishment of short rotation coppice, the Forestry Commissioners, having regard to their opinion in relation to the project under regulation 6 or 15 of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 and, where in their opinion the project is a relevant project for the purposes of those Regulations, having regard to their determination in relation to the project under regulation 15 of those Regulations;
c
in the case of a project relating to land on which a scheduled monument is situated, the relevant local authority and the Historic Buildings and Monuments Commission for England ; and
d
in the case of a project relating to land forming part of an area of outstanding natural beauty, an area of special scientific interest, the Broads , a European site, a nature reserve or a National Park, the statutory countryside bodies.
6
Where the Minister decides to refuse an approval under paragraph (1) or to vary an approval under paragraph (4), he shall —
a
give the applicant or beneficiary, as the case may be, notice in writing of his decision with a statement of his reasons;
b
give that applicant or beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
7
An approval or variation under this regulation shall be in writing.
Claims
6
A claim for financial assistance shall be made at such time or within such period and in such form, and be accompanied by such information, as the Minister reasonably may require.
Payment
7
1
The Minister may pay financial assistance by payment of a single lump sum or by instalments.
2
Payments under paragraph (1) may be made —
a
at such time or times as the Minister reasonably may determine; and
b
subject to such conditions as the Minister reasonably may determine.
Information
8
1
A beneficiary shall supply the Minister with such information about an approved project as the Minister reasonably may require.
2
Where the Minister requires such information, the beneficiary shall supply him with it within such period as the Minister reasonably may determine.
Record keeping
9
1
Subject to paragraphs (2) and (3), a beneficiary shall keep any invoice, account or other document relating to an approved project for the period of six years beginning with the day on which the last payment of financial assistance under these Regulations is made to him in connection with that project.
2
If the beneficiary transfers the original of any such document to another person in the normal course of business, he must instead keep a copy of that document for that period.
3
Paragraph (1) shall not apply where the document has been removed by any person lawfully authorised to remove it.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
9th November 2000


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) (No. 2) Regulations 2000 and shall come into force on 19th April 2000.
2
These Regulations shall apply for the purposes of the financing of maintained schools in England in the financial year beginning on 1st April 2000.
3
In these Regulations “the Principal Regulations ” means the Financing of Maintained Schools (England) Regulations 2000 .
4
In these Regulations “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
5
In these Regulations a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under section 35, 41 or 339(1) of the Education Act 1996 or section 28 or 31 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998.
6
In these Regulations a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which, on implementation of the proposals for the establishment of the school, will be such a school in the financial year beginning on 1st April 2000.
7
In these Regulations a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school.
8
In these Regulations a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).
Redeterminations of budget shares under these Regulations
2
1
Subject to paragraphs (2), (3) and (5) and regulation 3 below, a local education authority shall on or before 5th May 2000 redetermine the budget share of each school maintained by them by adding the amount which is set out in column (2) of the table below, opposite the description of that school in column (1).
(1) (2) Description of school Amount to be added
Primary school with 100 pupils or fewer £3,000 Primary school with more than 100 pupils but fewer than 201 pupils £6,000 Primary school with 201 pupils or more £9,000 Middle deemed primary school which does not have a year 8 or year 9 class £9,000 Secondary school with 600 pupils or fewer £30,000 Secondary school with more than 600 pupils but fewer than 1,201 pupils £40,000 Secondary school with 1,201 pupils or more £50,000 Special school £15,000
2
A local education authority shall redetermine the budget share of a middle deemed primary school which has a year 8 or year 9 class as if that school were a secondary school.
3
Where a proposed school does not have a budget share on or before 5th May 2000, a local education authority shall redetermine the budget share of that school in accordance with this regulation as soon as it does have a budget share.
4
References in the table to a number of pupils are references to —
a
the number of full-time equivalent pupils registered at the school on 20th January 2000; or
b
in the case of a school which is to open during the financial year or a school proposals for the establishment of which have not been fully implemented, the number of full-time equivalent pupils indicated, when proposals for the establishment of the school were published, as the number of such pupils to be admitted to the school when the proposals were fully implemented,
where, the “full-time equivalent” is the number of full-time pupils plus half the number of part-time pupils, and a “part-time pupil” is one who does not attend school for both the morning and afternoon sessions at least 5 days each week.
5
A local education authority shall not redetermine the budget share of a school in accordance with these Regulations if proposals to discontinue the school in the financial year have already been approved.
Additional arrangements approved by the Secretary of State
3
The Secretary of State may, where it appears to him to be expedient to do so, authorise a local education authority to redetermine budget shares, to such extent as he may specify, in accordance with arrangements approved by him in place of the arrangements provided for by these Regulations.
Subsequent redeterminations of budget shares under these Regulations
4
A local education authority may at any time redetermine the budget share of a school previously redetermined in accordance with these Regulations in order to correct an error in that redetermination, whether arising from a mistake as to the number of registered pupils at the school or otherwise.
Redeterminations of budget shares under the Principal Regulations
5
Whenever a local education authority redetermine a school’s budget share in accordance with the Principal Regulations, on or after the date that these Regulations come into force, they shall —
a
first determine an amount in accordance with the Principal Regulations, without taking into account the amount to be added in accordance with these Regulations; and then
b
add to the amount so determined the amount to be added in accordance with these Regulations.
Estelle Morris
Minister of State,
Department for Education and Employment
17th April 2000