text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Patient Safety Agency Regulations 2001 and shall come into force on 2nd July 2001.
2
These Regulations extend to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Agency” means the National Patient Safety Agency established by the Order ;
“the chairman” means the chairman of the Agency;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Agency other than the chairman;
“non-officer member” means a member who is not an officer of the Agency;
“the Order” means the National Patient Safety Agency (Establishment and Constitution) Order 2001 .
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment and tenure of office of chairman and non-officer members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland).
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend any meeting of the Agency for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to reasonable cause; and
b
the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Agency may, and, if so directed by him, shall, appoint committees of the Agency consisting wholly or partly of members of the Agency or wholly of persons who are not members of the Agency.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Agency, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Agency) or wholly of persons who are not members of the Agency or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Agency.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Agency may make arrangements for the exercise, on behalf of the Agency, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Agency in each case subject to such restrictions and conditions as the Agency thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Agency shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Agency shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Agency may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Agency; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Agency at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matters or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Agency may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Agency while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundreth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundreth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Agency and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Agency) as it applies to a member of the Agency.
9
In this regulation —
“public body” includes
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Agency
11
The Agency shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th May 2001


type: legislation

jurisdiction: UK

text:
Citation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 6) Order 2001.
2
In this Order references to sections and Schedules are references to sections of and Schedules to the Child Support, Pensions and Social Security Act 2000.
Appointed days
2
The day appointed for the coming into force of —
a
sections 30, 31, 34 and 35 (and Schedule 4) (state second pension) —
i
for the purposes of making reports and orders under sections 42, 42B and 45A of the Pension Schemes Act 1993 (review, determination and alteration of rebates and rates of contributions and minimum contributions applicable under sections 41, 42 and 45 of that Act), is 25th January 2001,
ii
for all remaining purposes, is 6th April 2002;
b
section 32 (calculation of Category B retirement pension), for all remaining purposes, is 9th April 2001;
c
section 33(1) and (2) (revaluation) —
i
for the purposes of an order under section 148A of the Social Security Administration Act 1992 as inserted by section 33(1), is 25th January 2001,
ii
for all remaining purposes, 6th April 2002;
d
section 33(3) and (4), for all remaining purposes, is 25th January 2001;
e
Part II of Schedule 9 (repeals), is 8th April 2001.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
24th January 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England and Wales only.
3
For the purposes of paragraph (2), “England and Wales” includes the territorial waters adjacent to England and Wales.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as follows.
2
In Part 1 of Schedule 1 —
a
in Section 3.1 —
i
for paragraph (a) of Part A(1) substitute —
a
Producing cement clinker or producing and grinding cement clinker.
;
ii
for Part A(2) substitute —
Part A(2)
a
Unless falling with Part A(1) of this Section, grinding cement clinker.
b
Unless falling within Part A(1) of Section 2.1 or 2.2, grinding metallurgical slag in plant with a grinding capacity of more than 250,000 tonnes in any period of 12 months.
;
b
in Section 3.5, for Part A(2) substitute —
Part A(2)
a
Manufacturing cellulose fibre reinforced calcium silicate board using unbleached pulp.
;
c
in Section 6.1 for Part A(2) substitute —
Part A(2)
a
Manufacturing wood particleboard, oriented strand board, wood fibreboard, plywood, cement-bonded particleboard or any other composite wood-based board.
;
d
in paragraph (a) of Part B of Section 6.6, for “Manufacturing” substitute “Unless falling within Part A(2) of Section 6.1, manufacturing”;
e
for Part A(2) of Section 6.7 substitute —
Part A(2)
a
Manufacturing new tyres (but not remoulds or retreads) if this involves the use in any period of 12 months of 50,000 tonnes or more of one or more of the following —
i
natural rubber;
ii
synthetic organic elastomers;
iii
other substances mixed with them.
; and
f
in paragraph (v) of the definition of “exempt activity” in the Interpretation of Section 6.8 for “Section 4.2” substitute “Section 4.1”.
3
In the Table in paragraph 2(2) of Part 1 of Schedule 3 add entries to show that the relevant period —
a
for an activity falling within Part A(2) of Section 3.1, is 1st April 2002 to 30th June 2002;
b
for an activity falling within Part A(2) of Section 3.5, is 1st April 2002 to 30th June 2002;
c
for an activity falling within Part A(2) of Section 6.1, is 1st April 2002 to 30th June 2002; and
d
for an activity falling within Part A(2) of Section 6.7, is 1st April 2003 to 30th June 2003.
4
In Part 2 of Schedule 4 —
a
in paragraph 9(1)(b)(iii), for “Scottish National Heritage” substitute “Scottish Natural Heritage”; and
b
in paragraph 9(1)(d), for “a Part A installation or a Part B installation” substitute “an installation or Part A mobile plant”.
5
In Schedule 10 —
a
in paragraph 21 of Part 1, for “section 43A” substitute “section 43A(4)”; and
b
in paragraph 29 of Part 2, for “regulation 30(1)” substitute “regulation 32(1)”.
Transitional provisions
3
1
Part 1 of Schedule 3 to the Pollution Prevention and Control (England and Wales) Regulations 2000 shall apply in relation to any installation or mobile plant which by virtue of these Regulations becomes a Part A installation or Part A mobile plant (but which would otherwise have been a Part B installation or Part B mobile plant) as if —
a
for paragraph 1 there were substituted —
1
The prescribed date for a new Part A installation or new Part A mobile plant is 1st April 2001.
b
in paragraph 4 —
i
sub-paragraph (1) were omitted;
ii
in sub-paragraph (2) for “1st January 2001” there were substituted “1st April 2001”;
c
in paragraph 6 —
i
for the definition of “existing” there were substituted —
“existing” means, in relation to a Part A installation or a Part A mobile plant —
an installation or mobile plant which is put into operation before 1st April 2001; or
an installation or mobile plant which is put into operation on or after that date if —
its operation was authorised by the relevant authorisation before that date; or
an application for such authorisation was duly made before that date;
ii
in the definition of “new” for “31st October 1999” there were substituted “1st April 2001”;
iii
in the definition of “relevant authorisation” for “31st October 1999” (in both places) there were substituted “1st April 2001”.
2
Where an application for a permit is made before 1st April 2001 in relation to a Part A(1) installation or Part A(1) mobile plant and by virtue of these Regulations the installation or mobile plant becomes a Part A(2) installation or Part A(2) mobile plant, anything duly done by or in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made on or after that date.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
22nd February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk and Norwich Health Care National Health Service Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 18th January 2001.
2
In this Order —
“ the Order ” means the Norfolk and Norwich Health Care National Health Service Trust (Establishment) Order 1994 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Norfolk and Norwich University Hospital National Health Service Trust instead of the Norfolk and Norwich Health Care National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Health Care” there are substituted the words “University Hospital”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further amendments of NHS trust Establishment Order
3
— After article 8 of the Order there shall be added the following article —
Significant teaching commitment
9
1
The trust is to be regarded as having a significant teaching commitment for the purposes of paragraph 3(1)(d) of Schedule 2 to the Act.
2
One of the non-executive directors of the trust shall be appointed from the University of East Anglia.
Signed by authority of the Secretary of State for Health,
Hunt
Parliamentary Under-Secretary of State,
Department of Health
8th January 2001


text:
1
These Regulations may be cited as the Air Navigation (Restriction of Flying) (Nuclear Installations) Regulations 2001 and shall come into force on 11th May 2001.
2
The Regulations specified in the First Schedule hereto are hereby revoked.
3
1
This regulation applies to each of the nuclear installations specified in Column 1 of the Second Schedule hereto each of which for the purpose of this regulation shall be taken to comprise an area bounded by a circle of the radius specified in Column 2 of the said Schedule opposite its name centred on the position so specified in Column 3 of the said Schedule.
2
Subject to paragraph (3), an aircraft shall not fly over a nuclear installation to which this regulation applies below such height above mean sea level as is specified in Column 4 of the said Schedule opposite its name.
3
Nothing in this regulation shall prohibit:
a
in relation to the nuclear installations at Aldermaston, Burghfield, Capenhurst, Chapelcross, Sellafield and Springfields, flight for the purpose of landing at or taking off from the helicopter landing area at the installation with the permission of the person in charge of the installation and in accordance with any conditions to which that permission is subject;
b
in relation to the nuclear installation at Devonport:
i
flight at a height of not less than 1,450 feet above mean sea level for the purpose of making either an instrument approach to land on runway 06 or a departure from runway 24 in each case at Plymouth (Roborough) Airport,
ii
flight for the purpose of landing at or taking off from HMS Drake Helicopter Landing Site with the permission of the Commodore of HMS Drake and in accordance with any conditions to which that permission is subject; or
iii
flight by a helicopter for the purpose of landing at or taking off from any ship within the Devonport Dockyard with the permission of the Captain of the Port and the Queen’s Harbour Master for Devonport and in accordance with any conditions to which that permission is subject; or
c
in relation to the nuclear installation at Rosyth, flight within the route notified as the Kelty Lane for the purpose of making an approach to land at, or a departure from, Edinburgh (Turnhouse) Airport; or
d
in relation to the nuclear installation at Springfields:
i
flight at a height of not less than 1,670 feet above mean sea level for the purpose of landing at Blackpool Airport; or
ii
flight in airspace lying south of a straight line drawn from 534644N 0024454W to 534513N 0025044W for the purpose of landing at or taking off from Warton Aerodrome.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Ian McBrayne
Head of Civil Aviation Division,
Department of the Environment, Transport and the Regions
18th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2001 and shall come into force on 31st March 2001.
2
In this Order “the Schedule” means the Schedule to this Order.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
20th March 2001
We consent,
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2001


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No.4) Order 2001 and shall come into force on 18th December 2001.
Establishment of safety zone
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
27th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Brighton and Hove (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 Brighton and Hove;
“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 for Transport, Local Government and the Regions marked “Map of the City of Brighton and Hove (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Brighton and Hove
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-one wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas 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 (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 the city of Brighton and Hove
3
1
The ordinary elections of all councillors of the city of Brighton and Hove 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.
Revocation
4
The Borough of Brighton (Electoral Arrangements) Order 1980, the Borough of Hove (Electoral Arrangements) Order 1978 and article 11 of the East Sussex (Boroughs of Brighton and Hove) (Structural Change) 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
20th December 2001


text:
Citation and commencement
1
This Order may be cited as The Free Zone (Prestwick Airport) Designation Order 2001 and shall come into force on 10th August 2001.
Designation of area as free zone
2
1
An area of 7.0359 acres (2.8475 hectares), in the parish of Ayr in the County of Ayr, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 1:500, and signed by the Head of Business Services, H.M. Customs and Excise, Scotland, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or the copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be Freeport Scotland Ltd whose Registered Office is at County Buildings (Financial Services), Wellington Square, Ayr KA7 2PL.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall —
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorized by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
6
Without prejudice to the responsibility of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Graham Stringer
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2001


text:
Citation and Commencement
1
This order shall be cited as the Kingston upon Hull (Bransholme Area) Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Kingston upon Hull (Bransholme Area) Education Action Zone” means the Education Action Zone established by the Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998 .
Extension of the Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998
3
The Kingston upon Hull (Bransholme Area) Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(b), if that person no longer appears to the Forum to be an appropriate person to be a member.
5
1
The Kingston upon Hull (Bransholme Area) Education Action Zone Order 1998 is varied as follows:
2
the words in Schedule 1 after, “The following persons are “partners” for the purposes of appointing additional members of the Forum:”, are deleted and instead is inserted:
York Church of England Diocesan Board of Education
Hull Council for Voluntary Service
Economic Development Agency
Hull and East Riding Community National Health Service Trust
Hull College
Humberside Partnership
Humberside Police
Hull and East Riding Health Action Zone
Humberside Learning and Skills Council
Kingston upon Hull Learning Services
Kingston upon Hull Social Services
Kingston upon Hull City Council
BAE SYSTEMS
Hull and East Riding Chamber of Commerce, Industry and Shipping
C Cat Limited
Wilberforce College
University of Hull
University of Lincolnshire and Humberside
Smith and Nephew Medical Limited
Hull Daily Mail Publications Limited
New Deal for Communities
.
6
In Schedule 2, the words “St Mary Queen of Martyrs RC Primary School” are substituted for “St Oswalds and St Annes RC Primary School”, and the words “Kingswood High School” are substituted for “Perronet Thompson School”.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 4) (Amendment) Regulations 2001; they extend to England and Northern Ireland and come into force on 27th March 2001 at 11.00 pm.
Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 4) Regulations 2001
2
1
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 4) Regulations 2001 are amended in accordance with this regulation.
2
In regulation 1(2) for the words “midnight on 27th March 2001” there shall be substituted the words “midnight on 4th April 2001”.
3
In regulation 2 for the definition of “the Decision” there shall be substituted —
“the Decision” means Commission Decision 2001/172/ EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC as amended by Commission Decision 2001/190/EC , Commission Decision 2001/209/EC and Commission Decision 2001/239/EC ;
.
3
In regulation 4(2)(b)(ii) for the words “on animal health problems affecting intra-Community trade in fresh meat” there shall be substituted the words “on health problems affecting the productions and marketing of meat products and certain other products of animal origin”.
4
In regulation 5(3)(b)(iii) for the words “Chapter VII of Annex A” there shall be substituted the words “Chapter VI of Annex B”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
Signed at 7.30 pm on 27th March 2001


text:
Citation and commencement
1
1
This Order may be cited as the Uttlesford Primary Care Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order “ the Order ” means the Uttlesford Primary Care Trust (Establishment) Oreder 2000 ; and
“ the trust ” means the trust established by the Order.
Amendment of the Primary Care Trust Establishment Order
1
1
The Schedule to the Order shall be amended in accordance with the following paragraphs.
2
In the entry for the district of Uttlesford after Littlebury there shall be inserted “Little Hallingbury”.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
PART I
General
Citation
1
This Order may be cited as the Financial Services and Markets Act 2000 (Mutual Societies) Order 2001.
Commencement
2
This Order comes into force —
a
for the purposes of article 8, and for the purposes of article 4(3) and Schedule 2, on 17th August 2001, and
b
for all other purposes, on the day on which section 19 of the 2000 Act (the general prohibition) comes into force.
Interpretation
3
1
In this Order —
“the 2000 Act” means the Financial Services and Markets Act 2000,
“assistant registrar” means an assistant registrar of friendly societies for the central registration area,
“the assistant registrar for Scotland” means the assistant registrar of friendly societies for Scotland,
“ the Board ” means the Building Societies Investor Protection Board,
“building society” has the same meaning as in the Building Societies Act 1986 ,
“the central office” means the central office of the registry of friendly societies,
“the central registration area” means the area defined by section 4(1)(a) of the Friendly Societies Act 1974 (as it had effect immediately before its repeal by the 2000 Act),
“the Chief Registrar ” means the Chief Registrar of friendly societies,
“commencement” means the beginning of the day on which section 19 of the 2000 Act comes into force,
“enactment” includes an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 , and
“the last period” means the period beginning with 1st April 2001 and ending at commencement.
2
In this Order, “transferred function” means any function transferred by article 4 and, in relation to any transferred function, “transferor” means the person from whom the function is transferred and “transferee” means the person to whom it is transferred.
3
In this Order, unless the context otherwise requires, any reference to an article by number alone is a reference to the article so numbered in this Order.
PART II
Transferred functions
Transfer of functions
4
1
The functions —
a
of the Chief Registrar, the assistant registrar for Scotland, the assistant registrars and the central office listed in Part I of Schedule 1 to this Order,
b
of the Friendly Societies Commission listed in Part II of Schedule 1 to this Order, and
c
of the Building Societies Commission listed in Part III of Schedule 1 to this Order,
are transferred to the Treasury.
2
All other functions which, immediately before commencement were functions —
a
of the Chief Registrar, the assistant registrar for Scotland, the assistant registrars or the central office,
b
of the Friendly Societies Commission, or
c
of the Building Societies Commission,
are transferred to the Authority, subject to any repeal or amendment made by any provision of this Order or by any other provision of or made under the 2000 Act.
3
Schedule 2 makes provision about the application of the 2000 Act in relation to functions transferred (or to be transferred) to the Authority by paragraph (2) above.
4
For the purposes of the Transfer of Undertakings (Protection of Employment) Regulations 1981 , paragraph (2) above is to be regarded as giving rise to the transfer of an undertaking by virtue of each of sub-paragraphs (a), (b) and (c) of that paragraph, whether or not it would otherwise be so regarded.
Consequential and transitional provisions in relation to transferred functions
5
1
The transfer of any function by virtue of article 4 does not affect the validity of anything done before commencement —
a
by the transferor in the exercise of the transferred function, or
b
by any other person in relation to the exercise by the transferor of the transferred function,
and any such thing is to have effect for all purposes as if done by (or, as the case may be, in relation to the exercise of the function by) the transferee.
2
Paragraph (1) also has effect in relation to anything which is in the process of being done at commencement, and any such thing may be carried on and completed by (or, as the case may be, in relation to the exercise of the function by) the transferee.
3
If, at commencement, a transferor is a party to any legal proceedings in relation to its exercise of any transferred function, the transferee is substituted for the transferor in those proceedings.
4
If, at commencement, a transferor holds any monies which have been deposited with the transferor as security for any costs in relation to its exercise of any transferred function, the monies are transferred to the transferee at commencement to be held for the same purpose and on the same terms.
5
This article has effect subject to any transitional provision or saving contained in Schedule 5 to this Order or in any other provision made under the 2000 Act.
Requirements to provide documents etc.
6
1
Paragraph (2) applies where, by virtue of any provision of or made under any enactment, a person (“A”) other than a transferor was before commencement required or entitled —
a
to provide any account, application, list, notice, plan, report, return, or any other document or material (including a copy of any document or material),
b
to give any explanation or provide any other information, or
c
to notify, report on, or make representations or a statement on, any matter,
to any transferor, or to any other person (“B”) on behalf of any transferor, in connection with the exercise by the transferor of any function which is transferred by article 4(2) to the Authority, but had not provided that document or material, given that explanation or information, or notified, reported on or made representations on that matter, before commencement.
2
After commencement A is required or (as the case may be) entitled to provide that document or material, to give that explanation or information, or to notify, report on, or make representations on, that matter, to the Authority (or, as the case may be, to B on behalf of the Authority), but otherwise in the same form and containing the same particulars as would have been required before commencement.
3
Paragraph (1) has effect no matter how the requirement or entitlement is expressed.
4
Where the requirement or entitlement mentioned in paragraph (1) was subject to any provision requiring A to comply with the requirement or exercise the entitlement within a specified time (however expressed), that provision continues to apply in relation to the requirement imposed or entitlement given by paragraph (2), and the time period is to be treated as continuing to run without interruption.
5
Where any person does anything after commencement in compliance with paragraph (2) in relation to which, if that thing had been done before commencement, a fee would have been payable to the transferor, he is required to pay that fee to the Authority, and the fee (insofar as it is not so paid) may be recovered by the Authority as a debt due to it.
6
This article is without prejudice to the generality of article 5(1) and (2).
7
This article has effect subject to any transitional provision or saving contained in Schedule 5 to this Order or in any other provision made under the 2000 Act.
Consequential modification of non-statutory provisions
7
1
Where a relevant provision is predicated on the continuing exercise of any transferred function by the transferor, any reference in the provision to the transferor has effect, in relation to any time after commencement, as a reference to the transferee.
2
Paragraph (3) applies where —
a
a relevant provision contains a requirement for consent to be given by the Building Societies Commission before the repayment by a building society of any sum owed by it, and
b
the requirement was included in the relevant provision so as to comply with the terms of —
i
an order made under section 45(5) of the Building Societies Act 1986 as that section had effect before the coming into force of section 21 of the Building Societies Act 1997 ,
ii
an order made under section 119(1) of the Building Societies Act 1986 , or
iii
guidance issued by the Building Societies Commission pursuant to section 45AA of that Act .
3
Unless the context otherwise requires, the requirement has effect, in relation to any time after commencement, as a requirement for consent to be given by the Authority.
4
Paragraph (5) applies where a relevant provision prohibits the payment or crediting of interest on any sum owed by a building society if the board of directors of the society is of the opinion that —
a
there has been a failure on the part of the society to satisfy a criterion of prudent management, set out in section 45(3) of the Building Societies Act 1986 as it had effect at any time before commencement, relating to the maintenance of adequate reserves and other capital resources, or
b
there would be such a failure if the interest was paid or credited.
5
Unless the context otherwise requires, any reference in that provision to that criterion has effect, in relation to any time after commencement, as a reference to the condition set out in paragraph 4(1) of Schedule 6 to the 2000 Act (adequate resources).
6
“Relevant provision” means a provision which —
a
is contained in the rules of a building society, friendly society or industrial and provident society, or in any other contract, deed or document other than an enactment, and
b
has effect before, as well as after, commencement,
but for the purposes only of paragraph (1) above also includes a provision in any document which is provided to the Authority after commencement pursuant to article 6(2).
Anticipatory exercise of powers
8
1
This article applies where by virtue of any amendment made by Schedule 3 to this Order —
a
the Authority will, with effect from commencement, have power to make rules, or have power to give directions as to the form of or particulars to be included in any document or as to the manner in which any application is to be made, or
b
the Treasury will, with effect from commencement, have power to make any rules, order or regulations.
2
Where this article applies, the Authority or the Treasury (as the case may be) may exercise the power referred to in paragraph (1) before commencement for the purposes of bringing the rules, directions, order or regulations into effect at commencement.
3
In exercising any power before commencement by virtue of paragraph (2), the Authority or the Treasury (as the case may be) are to be treated as being subject to the same requirements or conditions, as to the procedure to be followed in exercising the power or otherwise, as would apply in relation to the exercise of that power if this Order were fully in force.
PART III
Dissolutions
The Building Societies Commission
9
1
As soon as practicable after commencement, the Building Societies Commission must lay before the Treasury and before Parliament a report on the discharge of its functions during the last period.
2
Before the end of the period of seven months beginning at commencement, the Building Societies Commission must send to the Treasury and to the Comptroller and Auditor General a statement of accounts in respect of the last period.
3
The Comptroller and Auditor General must examine, certify and report on the statement of accounts received by him from the Building Societies Commission under paragraph (2), and lay a copy of the statement and of his report before Parliament.
4
The Building Societies Commission is to cease to exist on the day after the first day on which paragraphs (1) and (3) have both been complied with.
5
Immediately before the Building Societies Commission ceases to exist by virtue of paragraph (4), all assets, rights and liabilities which at that time are held or enjoyed by the Commission, or to which at that time it is subject, are transferred to the Treasury, except as provided in paragraphs (7) and (9).
6
Paragraph (7) applies in relation to income received by the Building Societies Commission under section 2 of the Building Societies Act 1986, in respect of the last period or in relation to applications submitted to it during the last period (“relevant income”).
7
Insofar as relevant income is not applied before commencement in accordance with section 2 of the Building Societies Act 1986 towards expenses of the Commission, it is to be paid to the Authority.
8
Paragraph (9) applies where, before commencement —
a
any fee or charge, or any sum in respect of costs or expenses, was payable to the Building Societies Commission, but
b
that fee, charge or sum, or any part of it, was not so paid (“the unpaid sum”).
9
Notwithstanding any amendment, repeal or revocation made by this Order or by any other provision of or made under the 2000 Act, the unpaid sum is payable after commencement to the Authority in substitution for the Commission and (insofar as it is not so paid) may be recovered by the Authority as a debt due to it.
10
The Authority must, so far as practicable, ensure that —
a
relevant income paid to it in accordance with paragraph (7), and
b
any sum paid to it or recovered by it in accordance with paragraph (9),
is used only in connection with any functions of the Authority in relation to building societies or, to the extent that it is not so used, is applied for the benefit of building societies.
The Friendly Societies Commission
10
1
As soon as practicable after commencement, the Friendly Societies Commission must lay before the Treasury and before Parliament a report on the discharge of its functions during the last period.
2
Before the end of the period of seven months beginning at commencement, the Friendly Societies Commission must send to the Treasury and to the Comptroller and Auditor General a statement of accounts in respect of the last period.
3
The Comptroller and Auditor General must examine, certify and report on the statement of accounts received by him from the Friendly Societies Commission under paragraph (2), and lay a copy of the statement and of his report before Parliament.
4
The Friendly Societies Commission is to cease to exist on the day after the first day on which paragraphs (1) and (3) have both been complied with.
5
Immediately before the Friendly Societies Commission ceases to exist by virtue of paragraph (4), all assets, rights and liabilities which at that time are held or enjoyed by the Commission, or to which at that time it is subject, are transferred to the Treasury, except as provided in paragraphs (7) and (9).
6
Paragraph (7) applies in relation to income received by the Friendly Societies Commission under section 2 of the Friendly Societies Act 1992 , in respect of the last period or in relation to applications submitted to it during the last period (“relevant income”).
7
Insofar as relevant income is not applied before commencement in accordance with section 2 of the Friendly Societies Act 1992 towards expenses of the Commission, it is to be paid to the Authority.
8
Paragraph (9) applies where, before commencement —
a
any fee or charge, or any sum in respect of costs or expenses, was payable to the Friendly Societies Commission, but
b
that fee, charge or sum, or any part of it, was not so paid (“the unpaid sum”).
9
Notwithstanding any amendment, repeal or revocation made by this Order or by any other provision of or made under the 2000 Act, the unpaid sum is payable after commencement to the Authority in substitution for the Commission and (insofar as it is not so paid) may be recovered by the Authority as a debt due to it.
10
The Authority must, so far as practicable, ensure that —
a
relevant income paid to it in accordance with paragraph (7), and
b
any sum paid to it or recovered by it in accordance with paragraph (9),
is used only in connection with any functions of the Authority in relation to friendly societies or, to the extent that it is not so used, is applied for the benefit of friendly societies.
The Building Societies Investor Protection Board
11
1
As soon as practicable after commencement, the Board must prepare —
a
a report on the discharge of its functions during the last period, and
b
a statement of accounts showing the state of affairs and income and expenditure of the Board in respect of the last period.
2
The statement of accounts must be audited by auditors appointed by the Board and the auditors must report to the Board stating whether in their opinion the provisions of paragraph 6(2) of Schedule 5 to the Building Societies Act 1986 (as it had effect immediately before its repeal by this Order) were complied with in respect of the last period.
3
As soon as practicable after paragraphs (1) and (2) above have been complied with, the Board must publish, in such manner as it thinks appropriate, the report prepared in accordance with paragraph (1)(a) and the statement of accounts prepared in accordance with paragraph (1)(b).
4
The Board is to cease to exist on the day after paragraph (3) is complied with.
The Chief Registrar, assistant registrar for Scotland, and assistant registrars
12
1
As soon as practicable after the Building Societies Commission and the Friendly Societies Commission have ceased to exist by virtue of articles 9 and 10, the Chief Registrar must lay before Parliament a report of his proceedings and those of the assistant registrar for Scotland and the assistant registrars, of the principal matters transacted by him and them, and of the valuations returned to him or them, in relation to the period beginning with 1st October 2001 and ending at commencement.
2
The report which the Chief Registrar is required to make by virtue of paragraph (1) may be combined with the report which he is required to make pursuant to section 6(1) of the Friendly Societies Act 1974 in respect of the year ending 30th September 2001.
3
The office of Chief Registrar, the office of assistant registrar for Scotland, and the offices of assistant registrar are to cease to exist on the day after paragraph (1) is complied with.
4
Immediately before the offices mentioned in paragraph (3) cease to exist by virtue of that paragraph, all assets, rights and liabilities which at that time attach to those offices (including records maintained or held by, and any other assets, rights and liabilities of, the central office) are transferred to the Treasury.
PART IV
Amendments, repeals etc.
Amendments, repeals, transitional provisions and savings
13
1
The enactments specified in Schedule 3 to this Order have effect with the amendments made by that Schedule.
2
The enactments specified in Schedule 4 to this Order are repealed to the extent specified in that Schedule.
3
The amendments and repeals made by Schedules 3 and 4 are subject to the transitional provisions and savings contained in Schedule 5 to this Order and to any other transitional provisions or savings made under the 2000 Act.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Relocation Grants (Form of Application) Regulations 1997 is amended in accordance with the Schedule to these Regulations.
Application
3
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
7th March 2001


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 2001 and shall come into force on 1st August 2001.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
11th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th 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 Hartlepool 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 Hartlepool 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 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 Tees 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 Tees 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 Tees and Hartlepool 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
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the General Commissioners of Income Tax (Costs) Regulations 2001 and shall come into force on the second day after the day on which the Regulations are made.
Interpretation
2
In these Regulations —
“claim” means a claim for costs made by the receiving party;
“costs judge” means in England and Wales a taxing master of the Supreme Court, and in Northern Ireland the Master (Taxing Office);
“order” means an order of the court made under section 2A(3) of the Taxes Management Act 1970 that the Lord Chancellor make a payment in respect of the costs of a person in the proceedings;
“proceedings” means proceedings in respect of any act or omission of a General Commissioner in the execution (or purported execution) of his duty as a General Commissioner;
“receiving party” means the person in whose favour the order is made;
“Supreme Court Costs Office” shall be construed, in relation to Northern Ireland, as the Taxing Office of the Supreme Court of Northern Ireland.
The payment of costs by the Lord Chancellor
3
No order shall be made under section 2A(3) of the Taxes Management Act 1970 in favour of —
a
a public authority; or
b
a person acting —
i
on behalf of a public authority, or
ii
in his capacity as an official appointed by a public authority.
Determination of costs
4
Where the court makes an order, the amount of costs payable by the Lord Chancellor shall be determined in accordance with these Regulations.
Court order and determination of costs by the court
5
1
Except as provided for in paragraph (2), when making the order the court shall —
a
determine such an amount as it considers sufficient reasonably to compensate the receiving party for any costs properly incurred by him in the proceedings, and
b
specify that amount in the order.
2
The amount of costs shall be determined by a costs judge in accordance with regulations 6 and 7 where —
a
the hearing has lasted more than one day or there is insufficient time for the court to determine the costs on the day of the hearing, or
b
the court considers that there is other good reason for the costs judge to determine the amount of costs.
3
The court shall serve the order on the receiving party and on the Lord Chancellor together with, where paragraph (2) applies, notification that costs will be determined by a costs judge.
Determination of costs by a costs judge
6
1
Where the amount of costs is to be determined by a costs judge, the receiving party shall, no later than three months from (but excluding) the date on which the order was made, file his claim and a copy of the order in the Supreme Court Costs Office and serve a copy of the claim on the Lord Chancellor.
2
On the application of the receiving party to the Supreme Court Costs Office, the costs judge may, in exceptional circumstances, extend the period of three months.
3
A claim shall —
a
summarise the items of work done by a legal representative or the receiving party as a litigant in person, as appropriate;
b
state, where appropriate, the dates on which items of work were done, the time taken and the sums claimed; and
c
specify any disbursements claimed, including counsel’s fees, the circumstances in which they were incurred and the amounts claimed in respect of them,
and shall be accompanied by receipts or other evidence of the receiving party’s payment of the costs claimed, and any receipts or other documents in support of any disbursements claimed.
4
If the receiving party wishes to draw any special circumstances to the attention of the costs judge, he shall specify those circumstances in his claim.
5
If the Lord Chancellor wishes to make any written representations in respect of the claim he shall, no later than one month from (but excluding) the date on which the Lord Chancellor received the claim from the receiving party, file any written representations at the Supreme Court Costs Office and serve a copy of them on the receiving party.
6
The costs judge may make directions in respect of —
a
the claim;
b
any written representations;
c
the filing and serving of any further particulars or documents; and
d
ensuring that the determination of costs is dealt with justly.
7
Where the costs judge considers it appropriate, the claim shall be listed for a hearing before him, and the Supreme Court Costs Office shall serve on the receiving party and on the Lord Chancellor notification of the place, date and time of the hearing.
7
1
The costs judge shall consider the claim and shall allow such costs in respect of —
a
such work as appears to him to have been actually and reasonably done; and
b
such disbursements as appear to him to have been actually and reasonably incurred,
as he considers sufficient reasonably to compensate the receiving party for any expenses properly incurred by him in the proceedings.
2
In determining costs under paragraph (1) the costs judge shall take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved.
3
When determining costs for the purposes of this regulation, there shall be allowed a reasonable amount in respect of all costs reasonably incurred and any doubts which the costs judge may have as to whether the costs were reasonably incurred or were reasonable in amount shall be resolved against the receiving party.
4
When the costs judge has determined the amount of costs payable to the receiving party, the Supreme Court Costs Office shall notify the receiving party and the Lord Chancellor of the amount of costs payable.
Signed by authority of the Lord Chancellor
Willy Bach
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 30th March 2001


text:
Title, commencement and extent
1
1
This Scheme may be cited as the Food Industry Development (Amendment) (England) Scheme 2001 and shall come into force on 29th October 2001.
2
This Scheme applies to England.
Amendment of the Food Industry Development Scheme 1997
2
The Food Industry Development Scheme 1997 (hereinafter referred to as “the Scheme”) shall have effect subject to the amendments contained in paragraphs 3 and 4.
3
In paragraph 5 (eligibility for consideration for the payment of a grant under the Scheme), at the end of sub-paragraph (2) there shall be inserted the words “and that the applicant falls within any class or classes to which the Minister has restricted applications under paragraph 6(2A)”.
4
In paragraph 6 (applications for grants under the Scheme), after sub-paragraph (2) there shall be inserted the following sub-paragraph —
2A
An invitation by the appropriate Minister for applications for the payment of a grant under this Scheme may be restricted to such class or classes of person as that Minister shall determine.
.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
4th October 2001
We approve,
Annie McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
5th October 2001


text:
Citation and commencement
1
These Regulations, which extend to England only, may be cited as the Valuation for Rating (Plant and Machinery) (England) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
Amendment to the 2000 Regulations
2
1
The Valuation for Rating (Plant and Machinery) (England) Regulations 2000 shall be amended as follows.
2
In the Schedule, in Class 1, for paragraph (d) substitute —
d
“excepted plant and machinery” means plant and machinery on a hereditament used or intended to be used for the generation, storage, transformation or transmission of power where either —
i
the power is mainly or exclusively for distribution for sale to consumers; or
ii
aa
the plant and machinery is that of a combined heat and power station which is fully exempt or partly exempt within the meaning of paragraph 148(2) or, as the case may be, 148(3) of Schedule 6 to the Finance Act 2000 , and
bb
the plant and machinery is within head (b), (c), (d) or (k) of Table 1 below, and
cc
the power is at least in part electrical power.
.
Beverley Hughes
Paliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
8th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001 and shall come into force on 31st May 2001.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the Petroleum Act 1998 ;
“address”, in relation to electronic communication, includes any number or address used for the purposes of such communication;
“approval” means approval of an abandonment programme pursuant to Part IV of the 1998 Act;
“authorisation” means an authorisation granted pursuant to section 14 of the 1998 Act relating to the construction or use of a pipe-line;
“consent” means a consent granted pursuant to a UKCS licence, including any consent required pursuant to the Offshore Petroleum Production and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 and any consent required pursuant to regulation 4 below;
“ the Directives ” means the Habitats Directive and the Wild Birds Directive ;
“electronic communication” means the same as in the Electronic Communications Act 2000 ;
“the Habitats Directive” means Council Directive 92/43 of May 21, 1992 on the conservation of natural habitats and of wild fauna and flora ;
“ Natura 2000 ” means the European network of special areas of conservation, and special protection areas under the Wild Birds Directive, provided for by Article 3(1) of the Habitats Directive;
“petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
“relevant function” means any function exercisable by the Secretary of State in relation to or in connection with UKCS oil and gas activities including, without limitation, functions exercisable under the 1998 Act or any licence granted or having effect as if granted under that Act;
“relevant power” means any power exercisable by the Secretary of State in relation to or in connection with UKCS oil and gas activities including, without limitation, powers exercisable under the 1998 Act or any licence granted or having effect as if granted under that Act;
“relevant project” means any plan or project which relates to UKCS oil and gas activities;
“relevant site” means —
a special area of conservation,
a site of Community importance which has been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive,
a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a decision of the Council under Article 5(3),
an area classified pursuant to Article 4(1) or (2) of the Wild Birds Directive,
a site included in the list of sites which has been transmitted to the Commission by the United Kingdom pursuant to Article 4 of the Habitats Directive, or
a site as to which the Secretary of State, having consulted the Joint Nature Conservation Committee , is of the opinion that it is one which would be likely to be included in the list of sites transmitted to the Commission by the United Kingdom pursuant to Article 4 of the Habitats Directive.
A site shall cease to qualify as a site under paragraph (e) above at such time as —
the draft list of sites of Community importance is established under the first sub-paragraph of Article 4(2) of the Habitats Directive where in any case the site is not included in that list, or
the list of sites referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive is adopted by the Commission in accordance with that sub-paragraph.
A site shall cease to qualify as a site under paragraph (f) above at such time as —
the Secretary of State, having consulted the Joint Nature Conservation Committee, is of the opinion that it will not be included in the list of sites transmitted to the Commission by the United Kingdom pursuant to Article 4 of the Habitats Directive, or
it is included in the list of sites which has been transmitted to the Commission by the United Kingdom pursuant to Article 4 of the Habitats Directive;
“UKCS licence” means a licence which is granted under or has effect as if granted under the 1998 Act or a licence which is to be granted under that Act which relates to an area wholly or partly in an area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
“UKCS oil and gas activities” means any activities for or in connection with the exploration for or production of petroleum where that petroleum is situated wholly or partly in an area for the time being designated under section 1(7) of the Continental Shelf Act 1964;
“UKCS pipe-line” means a pipe-line any part of which is situated in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964;
“the Wild Birds Directive” means Council Directive 79/409 of April 2, 1979 on the conservation of wild birds .
2
Unless the context otherwise requires, expressions used in these Regulations and in the Habitats Directive or in the Wild Birds Directive have the same meaning as in those Directives.
Application of the Directives
3
The Secretary of State shall exercise relevant functions conferred on him in such manner and to such extent as he shall consider necessary to secure that UKCS oil and gas activities are carried out in a manner that is consistent with the requirements of the Directives.
Consent for geological surveys
4
Notwithstanding any provision in any UKCS licence the following activities or procedures shall not be carried out without the prior written consent of the Secretary of State —
a
prospecting or carrying out geological surveys by physical or chemical means; or
b
drilling for the purpose of obtaining geological information about strata.
Appropriate assessments
5
1
The Secretary of State shall, before granting any UKCS licence, any consent, any authorisation, or any approval, where he considers that anything that might be done or any activity which might be carried on pursuant to such a licence, consent, authorisation or approval is likely to have a significant effect on a relevant site, whether individually or in combination with any other plan or project, including but not limited to any other relevant project, make an appropriate assessment of the implications for the site in view of the site’s conservation objectives.
2
The Secretary of State shall for the purposes of the assessment consult the Joint Nature Conservation Committee and have regard to any representations made by that body within such reasonable time as the Secretary of State may specify and shall also, if he considers appropriate, take the opinion of the general public.
3
Subject to regulation 6 below, in the light of the conclusions of the assessment the Secretary of State shall grant any such licence, consent, authorisation or approval only after having ascertained that nothing that might be done and no activity that might be carried out pursuant thereto would have an adverse effect on the integrity of a relevant site.
4
Where the Secretary of State is of the opinion, having consulted the Joint Nature Conservation Committee, that anything that might be done or any activity which might be carried on pursuant to such a licence, consent, authorisation or approval is likely to have a significant effect, whether individually or in combination with any other plan or project, including but not limited to any other relevant project, on an area which is not a relevant site but which would be likely to be classified as a special protection area pursuant to Article 4 of the Wild Birds Directive, then paragraphs (1) to (3) above shall apply in relation to such an area.
Projects which should be carried out for imperative reasons of overriding public interest
6
1
Subject to paragraph (2) below, regulation 5 above shall not apply to the doing of anything in connection with the carrying out of any relevant project affecting a relevant site —
a
to which, in the opinion of the Secretary of State, there is no satisfactory alternative; and
b
which the Secretary of State has certified in writing as a project which should be carried out for imperative reasons of overriding public interest, which may include reasons of a social or economic nature.
2
The Secretary of State shall not give a certification pursuant to paragraph (1)(b) above in respect of a project that is likely to have an adverse effect on the integrity of a site hosting a priority natural habitat type or a priority species unless —
a
the reason for so certifying relates to human health or public safety, or to beneficial consequences of primary importance for the environment; or
b
he has obtained the opinion of the European Commission as to whether the project might be carried out for imperative reasons of overriding public interest other than those referred to in sub-paragraph (a) above and his decision to give a certification is consistent with that opinion.
3
Where the Secretary of State has given a certification pursuant to paragraph (1)(b) above, he shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 is protected, and in determining what such necessary compensatory measures may be, he shall consult the Joint Nature Conservation Committee.
4
The Secretary of State shall —
a
at such intervals as he shall think fit carry out or cause to be carried out such investigation as he shall consider appropriate in relation to the effects of UKCS oil and gas activities on the conservation status of natural habitats and species of wild fauna and flora, with particular regard to priority habitat types and priority species; and
b
in the light of the results of such investigation consider whether he ought to exercise any relevant power for the purposes of protecting such a natural habitat or species.
Control of activities under licence
7
1
Where the Secretary of State is satisfied that anything done, being done or proposed to be done pursuant to a UKCS licence, authorisation or approval —
a
has had, is having, or is likely to have an adverse effect on the integrity of a relevant site; or
b
has caused, is causing, or is likely to cause deterioriation of natural habitats or the habitats of species in such a site or disturbance of species for which that site may be or has been designated or classified pursuant to either of the Directives, in so far as such disturbance could be significant in relation to the objectives of the Habitats Directive; and
c
steps can be taken to avoid, reverse, reduce or eliminate that effect, deterioration or disturbance,
he shall, subject to paragraphs (3), (4), (5) and (6) below, give a direction in writing requiring the person to whom it is addressed to take such steps or refrain from taking such steps as may be specified in the direction.
2
Without prejudice to the generality of paragraph (1) above, a direction given pursuant to this regulation may require within such period as may be specified in the direction —
a
the submission to the Secretary of State for his approval of a plan of the steps to be taken;
b
the carrying out of a plan of the kind referred to in sub-paragraph (a) above which has been approved by the Secretary of State;
c
the installation on a fixed or floating structure used in connection with UKCS oil and gas activities of such equipment as may be specified in the direction; or
d
the carrying out of a modification of such a structure or the manner in which it is operated.
3
Prior to any direction being given pursuant to this regulation the Secretary of State shall consult the Joint Nature Conservation Committee as to the steps to be specified in the direction.
4
Any direction given pursuant to this regulation may revoke or modify the terms and conditions of a consent, authorisation or approval.
5
Any direction given pursuant to this regulation shall be in writing and shall not have effect unless it has been served on the person to whom it is addressed.
6
Subject to paragraph (7) below, the Secretary of State shall not give a direction to any person pursuant to this regulation unless —
a
he has served on that person a copy of a draft of the direction that he is proposing to give;
b
that person has been afforded a reasonable opportunity of making representations regarding the content of the proposed direction; and
c
the Secretary of State has taken into account any representations made by that person.
7
Paragraph (6) above shall not apply in a case of urgency where the Secretary of State is of the opinion that the giving of a direction is necessary for the purposes set out in paragraph (1) above or (9) below.
8
A direction given pursuant to this regulation may be modified or revoked by a further direction given by the Secretary of State.
9
A direction shall be given under this regulation in respect of an area which is not a relevant site, but as to which the Secretary of State, having consulted the Joint Nature Conservation Committee, is of the opinion that it would be likely to be classified as a special protection area pursuant to Article 4 of the Wild Birds Directive where the Secretary of State is satisfied that anything done, being done or proposed to be done pursuant to a UKCS licence, authorisation or approval —
a
has had, is having, or is likely to have an adverse effect on the integrity of that area; or
b
has caused, is causing, or is likely to cause pollution or deterioration of natural habitats or disturbance of species for which that site is likely to be classified in so far as such disturbance could be significant in relation to the objectives of Article 4 of the Wild Birds Directive; and
c
steps can be taken to avoid, reverse, reduce or eliminate that effect, pollution, deterioration or disturbance.
Review of directions given by the Secretary of State
8
1
Subject to paragraph (2) below, where a direction pursuant to regulation 7 above has been served on a person by the Secretary of State, the Secretary of State shall review the appropriateness of the direction if requested to do so by that person.
2
The Secretary of State shall only be bound to carry out a review pursuant to a request of the kind referred to in paragraph (1) above, where, in the case of the first request to review it, that request is made no earlier than the first anniversary of the giving of the direction and in relation to any subsequent request, the period of one year has elapsed since a request was last made.
3
Where, having carried out a review of a direction pursuant to paragraph (1) above, the Secretary of State is satisfied that the direction is no longer appropriate, he shall modify or revoke it.
4
The Secretary of State shall give notice in writing to the applicant of any decision made under this regulation.
Appeal to High Court, High Court of Northern Ireland or Court of Session
9
1
Subject to paragraph (6) below, any person aggrieved by a direction given to him pursuant to regulation 7 above (or by any decision in relation to that direction) may appeal to the court.
2
Subject to paragraph (4) below, the expression “the court” means —
a
in respect of a direction or decision relating to the English area, the High Court;
b
in respect of a direction or decision relating to the Scottish area, the Court of Session; or
c
in respect of a direction or decision relating to the Northern Irish area, the High Court in Northern Ireland.
3
The expressions “the English area”, “the Scottish area” and “the Northern Irish Area” shall have the same meaning as in the Civil Jurisdiction (Offshore Activities) Order 1987 .
4
Where the direction or decision relates to activities in more than one of the areas referred to in paragraph (2) above, then any of the courts having jurisdiction in those areas shall have jurisdiction in relation to the decision in question.
5
Unless the court otherwise orders, any direction or decision of the Secretary of State which is the subject of an appeal under paragraph (1) above shall remain in force pending the final disposal of that appeal.
6
An appeal under this regulation shall be made within 28 days of written notification of the direction or decision in question.
Protection of certain creatures
10
Subject to regulations 13 and 14 below, a person shall not carry out UKCS oil and gas activities in such a way as —
a
deliberately to kill, capture or disturb any creature in the wild which is a member of any species listed in Annex IV (a) of the Habitats Directive;
b
deliberately to destroy or take its eggs from the wild; or
c
to cause deterioration or destruction of breeding sites or resting places of any such creature.
Protection of certain birds
11
Subject to regulations 13 and 15 below, a person shall not carry out UKCS oil and gas activities in such a way as —
a
deliberately to kill or capture any bird in its wild state which is a member of any species referred to in Article 1 of the Wild Birds Directive;
b
deliberately to disturb any wild bird referred to in Article 1 of the Wild Birds Directive while it is building a nest or is in, on or near a nest containing eggs or young, or the dependent young of such a bird;
c
deliberately to damage or destroy its nest or eggs or to remove its nest; or
d
to take or keep its eggs.
Protection of certain plants
12
Subject to regulations 13 and 14 below, a person shall not carry out UKCS oil and gas activities in such a way so as deliberately to pick, collect, cut, uproot or destroy any plant which is a member of a species listed in Annex IV(b) of the Habitats Directive.
Lawful activities
13
Nothing in regulations 10, 11 or 12 above shall make unlawful anything which was the incidental result of an otherwise lawful operation and could not reasonably have been avoided.
Activities affecting creatures or plants which are necessary for imperative reasons of overriding public interest
14
Regulations 10 or 12 above shall not apply to any activity which would otherwise contravene its provisions where —
a
the Secretary of State is of the opinion that the carrying out of the activity is necessary for imperative reasons of overriding public interest, that there is no satisfactory alternative to the carrying out of the activity and having consulted the Joint Nature Conservation Committee, he is also of the opinion that the carrying out of the activity is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range; and
b
he has consented in writing to the carrying out of the activity,
and the Secretary of State may make any consent granted under this regulation subject to such conditions as he shall think fit.
Activities affecting birds which are necessary for imperative reasons of overriding public interest
15
Regulation 11 above shall not apply to any activity which would otherwise contravene its provisions where —
a
the Secretary of State is of the opinion that the carrying out of the activity is necessary in the interests of public health and public safety and that there is no satisfactory alternative to the carrying out of the activity; and
b
he has consented in writing to the carrying out of the activity, specifying any matters required to be so specified pursuant to Article 9 of the Wild Birds Directive,
and the Secretary of State may make any consent granted under this regulation subject to such conditions as he shall think fit.
Prohibition of certain methods of capturing or killing species listed under Annex IV(a) of the Habitats Directive
16
Notwithstanding any consent that may have been given under regulation 14 above, a person shall not in the course of carrying on UKCS oil and gas activities use any of the means set out in Annex VI to the Habitats Directive to capture or kill any member of a species listed in Annex IV(a) to that Directive.
Prohibition of certain methods of capturing or killing birds
17
Subject to regulation 15 above, a person shall not in the course of carrying on UKCS oil and gas activities —
a
use any of the methods set out in Annex IV(a) to the Wild Birds Directive to capture or kill any bird; or
b
use any method to capture or kill any bird from an aircraft, or from a boat driven at a speed exceeding five kilometres an hour.
Prohibition of certain methods of capturing or killing species listed under Annex V of the Habitats Directive
18
A person shall not in the course of carrying on UKCS oil and gas activities use any of the means set out in Annex VI to the Habitats Directive to capture or kill any member of a species listed in Annex V(a) to that Directive.
Offences
19
1
A person is guilty of an offence if he —
a
without reasonable excuse fails to comply with a direction given in accordance with regulation 7 above; or
b
contravenes any of regulations 10 to 12 and 16 to 18 above.
2
A person guilty of an offence under paragraph (1)(a) above shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
A person guilty of an offence under paragraph (1)(b) above shall on summary conviction be liable to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
4
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, paragraph (4) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
7
Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
8
Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for an offence under this regulation.
9
No prosecution shall be commenced in England and Wales or Northern Ireland except by the Secretary of State or with his consent.
Service of notices and other documents
20
1
Any notice or other document required or authorised to be given to, or served on, any person under these Regulations may be given or served by —
a
delivering it to that person;
b
leaving it at his proper address; or
c
sending it to his proper address by the post.
2
Any notice or other document required or authorised to be served on, or given to, any body corporate or unincorporated association other than a partnership shall be duly given to, or served on, the secretary or clerk or other similar officer of that body.
3
Any notice or other document required or authorised to be served on, or given to, any partnership (including a Scottish partnership) shall be duly given or served on, or given to, a partner or a person having the control or management of the partnership business.
4
For the purpose of this regulation, the proper address of any person on whom or to whom any such notice or document is to be served or given shall be his last known address except that such address shall be —
a
in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
b
in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and
c
in the case of a partnership (including a Scottish partnership) or a person having control or the management of the partnership business, the address of the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
Use of electronic communication
21
Wherever a person is required under these Regulations to serve or give any notice or other document in writing, that requirement may be satisfied by the use of such means of electronic communication as the Secretary of State may determine.
Peter Hain,
Minister for Energy and Competitiveness in Europe,
Department of Trade and Industry
8th May 2001