text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North East Oxfordshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 22nd 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 North East Oxfordshire 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 North East Oxfordshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance and Commissioning 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 Oxfordshire 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 Oxfordshire Health Authority shall make officers of the authority available to the trust during the preparatory period.
4
The Oxfordshire Community Health National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
11th February 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for Newcastle University Hospitals (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the new trustees” means the trustees for the Newcastle upon Tyne Hospitals National Health Service Trust;
“the Special Trustees” means the Special Trustees for Newcastle University Hospitals;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 4th December 2000.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Newcastle upon Tyne Hospitals National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
24th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East Oxfordshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 22nd 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 South East Oxfordshire 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 South East Oxfordshire 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, 4 officer members and 4 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance and Performance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
1 person 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 Oxfordshire 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 Oxfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Oxfordshire Community Health National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
5
The West Berkshire Priority Care Service National Health Service Trust shall staff make of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
12th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Watford and Three Rivers Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Watford and Three Rivers 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 Watford and Three Rivers 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 West Hertfordshire 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 West Hertfordshire 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 West Hertfordshire Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Authorised Weight) (Amendment) Regulations 2001 and shall come into force on 17th April 2001.
Amendment of Road Vehicles (Authorised Weight) Regulations 1998
2
1
The Road Vehicles (Authorised Weight) Regulations 1998 shall be further amended as follows.
2
In regulation 2, paragraph (1) shall be amended by —
a
inserting in the appropriate alphabetical order the following definitions —
“complies with” shall, in relation to the requirements of a Community Directive, be construed in accordance with regulation 6 of the 1986 Regulations ;
“diesel engine” shall be construed in accordance with paragraph 2.2 of Directive 88/77/ EEC as amended by Directive 91/542/EEC , Annex 1;
“Directive 88/77/EEC ” means Council Directive 88/77 of 3 December 1987 on the approximation of the laws of the member states relating to the measures to be taken against the emission of gaseous and particulate pollutants from diesel engines for use in vehicles;
“Directive 91/542/EEC ” means Council Directive 91/542 of 1 October 1991 amending Directive 88/77/EEC ;
“first used” shall be construed in accordance with regulation 3(3) of the 1986 Regulations;
“gas” has the meaning given in regulation 3(2) of the 1986 Regulations;
“trailer” and “semi-trailer” have the meanings given in regulation 3(2) of the 1986 Regulations; and
“wheel” has the meaning given in regulation 3(2) of the 1986 Regulations
; and
b
in the Table to the definition of “low pollution engine”, substituting “(NOx)” for “(Nox)” in the heading to the third column.
3
In Schedule 2 —
a
in paragraph 1(2), for the words “and 12” shall be substituted “, 12 and 14”;
b
in paragraph 1(4), for the words “and 12” shall be substituted “, 12, 13 and 14”;
c
after paragraph 1(4) shall be inserted the following sub-paragraph —
5
The condition referred to in items 13 and 14 of Table 3 is that the vehicle is fitted with a low pollution engine.
; and
d
at the end, sub-paragraph (5) shall be omitted.
Amendment of the Road Vehicles (Authorised Weight) (Amendment) Regulations 2000
3
1
The Road Vehicles (Authorised Weight) (Amendment) Regulations 2000 shall be amended as follows.
2
In regulation 3, paragraph (2) shall cease to have effect.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
21st March 2001


text:
PART I
GENERAL AND INTERPRETATION
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001.
2
This Order comes into force on the day on which section 19 of the Act comes into force.
Interpretation: general
2
1
In this Order —
“the Act” means the Financial Services and Markets Act 2000;
“authorised unit trust scheme” has the meaning given by section 237 of the Act;
“close relative”, in relation to a person means —
his spouse;
his children and step-children, his parents and step-parents, his brothers and sisters and his step-brothers and step-sisters; and
the spouse of any person within sub-paragraph (b);
“overseas scheme” means an unregulated scheme which is operated and managed in a country or territory outside the United Kingdom;
“publication” means —
a newspaper, journal, magazine or other periodical publication;
a web site;
any programme forming part of a service consisting of the broadcast or transmission of television or radio programmes; and
any teletext service, that is to say a service consisting of television transmissions consisting of a succession of visual displays (with or without accompanying sound) capable of being selected and held for separate viewing or other use;
“qualifying contract of insurance” has the meaning given in the Regulated Activities Order ;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“relevant scheme activities” means —
the activity specified by article 51 of the Regulated Activities Order; or
any activity specified by article 14, 21, 25, 37 or 53 of that Order when carried on in relation to units;
“solicited real time communication” has the meaning given by article 5;
“units” has the meaning given by section 237(2) of the Act;
“unregulated scheme” means a collective investment scheme which is not an authorised unit trust scheme nor a scheme constituted by an authorised open-ended investment company nor a recognised scheme for the purposes of Part XVII of the Act;
“unsolicited real time communication” has the meaning given by article 5.
2
In this Order, any reference to the “scheme promotion restriction” means the restriction imposed by section 238(1) of the Act.
Interpretation: communications
3
In this Order —
a
any reference to a communication is a reference to the communication, by an authorised person in the course of business, of an invitation or inducement to participate in an unregulated scheme;
b
any reference to a communication being made to another person is a reference to a communication being addressed, whether verbally or in legible form, to a particular person or persons (for example where it is contained in a telephone call or letter);
c
any reference to a communication being directed at persons is a reference to a communication being addressed to persons generally (for example where it is contained in a television broadcast or web site);
d
“communicate” includes causing a communication to be made;
e
a “recipient” of a communication is a person to whom the communication is made or, in the case of a non-real time communication which is directed at persons generally, any person who reads or hears the communication.
Interpretation: real time communications
4
1
In this Order, references to a real time communication are references to any communication made in the course of a personal visit, telephone conversation or other interactive dialogue.
2
A non-real time communication is a communication not falling within paragraph (1).
3
For the purposes of this Order, non-real time communications include communications made by letter or e-mail or contained in a publication.
4
For the purposes of this Order, the factors in paragraph (5) are to be treated as indications that a communication is a non-real time communication.
5
The factors are that —
a
the communication is made to or directed at more than one recipient in identical terms (save for details of the recipient’s identity);
b
the communication is made or directed by way of a system which in the normal course constitutes or creates a record of the communication which is available to the recipient to refer to at a later time;
c
the communication is made or directed by way of a system which in the normal course does not enable or require the recipient to respond immediately to it.
Interpretation: solicited and unsolicited real time communications
5
1
A real time communication is solicited where it is made in the course of a personal visit, telephone call or other interactive dialogue if that call, visit or dialogue —
a
was initiated by the recipient of the communication; or
b
takes place in response to an express request from the recipient of the communication.
2
A real time communication is unsolicited where it is made otherwise than as described in paragraph (1).
3
For the purposes of paragraph (1) —
a
a person is not to be treated as expressly requesting a call, visit or dialogue —
i
because he omits to indicate that he does not wish to receive any or any further visits or calls or to engage in any or any further dialogue;
ii
because he agrees to standard terms that state that such visits, calls or dialogue will take place, unless he has signified clearly that, in addition to agreeing to the terms, he is willing for them to take place;
b
a communication is solicited only if it is clear from all the circumstances when the call, visit or dialogue is initiated or requested that during the course of the visit, call or dialogue communications will be made concerning the kind of activities or investments to which the communications in fact made relate;
c
it is immaterial whether the express request is made before or after this Order comes into force.
4
Where a real time communication is solicited by a recipient (“R”), it is treated as having also been solicited by any other person to whom it is made at the same time as it is made to R if that other recipient is —
a
a close relative of R; or
b
expected to participate in the unregulated scheme jointly with R.
Degree of prominence to be given to required indications
6
Where a communication must, if it is to fall within any provision of this Order, be accompanied by an indication of any matter, the indication must be presented to the recipient —
a
in a way that can be easily understood; and
b
in such manner as, depending on the means by which the communication is made or directed, is best calculated to bring the matter in question to the attention of the recipient and to allow him to consider it.
Combination of different exemptions
7
Nothing in this Order is to be construed as preventing a person from relying on more than one exemption in respect of the same communication.
PART II
TERRITORIAL SCOPE
Communications to overseas recipients
8
1
Subject to paragraph (2), the scheme promotion restriction does not apply to any communication —
a
which is made (whether from inside or outside the United Kingdom) to a person who receives the communication outside the United Kingdom; or
b
which is directed (whether from inside or outside the United Kingdom) only at persons outside the United Kingdom.
2
Paragraph (1) does not apply to an unsolicited real time communication unless —
a
it is made from a place outside the United Kingdom; and
b
it relates to an overseas scheme.
3
For the purposes of paragraph (1)(b) —
a
if the conditions set out in paragraph (4)(a), (b), (c) and (d) are met, a communication directed from a place inside the United Kingdom is to be regarded as directed only at persons outside the United Kingdom;
b
if the conditions set out in paragraph (4)(c) and (d) are met, a communication directed from a place outside the United Kingdom is to be regarded as directed only at persons outside the United Kingdom;
c
in any other case where one or more of the conditions in paragraph (4)(a) to (e) are met, that fact shall be taken into account in determining whether the communication is to be regarded as directed only at persons outside the United Kingdom (but a communication may still be regarded as directed only at persons outside the United Kingdom even if none of the conditions in paragraph (4) is met).
4
The conditions are that —
a
the communication is accompanied by an indication that it is directed only at persons outside the United Kingdom;
b
the communication is accompanied by an indication that it must not be acted upon by persons in the United Kingdom;
c
the communication is not referred to in, or directly accessible from, any other communication which is made to a person or directed at persons in the United Kingdom by or on behalf of the same person;
d
there are in place proper systems and procedures to prevent recipients in the United Kingdom (other than those to whom the communication might otherwise lawfully have been made or directed) acquiring from the person directing the communication, a close relative of his or a company in the same group, units in the scheme to which the communication relates;
e
the communication is included in —
i
a web site, newspaper, journal, magazine or periodical publication which is principally accessed in or intended for a market outside the United Kingdom;
ii
a radio or television broadcast or teletext service transmitted principally for reception outside the United Kingdom.
5
For the purposes of paragraph (1)(b), a communication may be treated as directed only at persons outside the United Kingdom even if —
a
it is also directed, for the purposes of article 14(1)(b), at investment professionals falling within article 14(5) (but disregarding paragraph (6) of that article for this purpose);
b
it is also directed, for the purposes of article 22(1)(b), at high net worth persons to whom article 22 applies (but disregarding paragraph (2)(e) of that article for this purpose).
6
Where a communication falls within paragraph (5) —
a
the condition in paragraph (4)(a) is to be construed as requiring an indication that the communication is directed only at persons outside the United Kingdom or persons having professional experience in matters relating to investments or high net worth persons (as the case may be);
b
the condition in paragraph (4)(b) is to be construed as requiring an indication that the communication must not be acted upon by persons in the United Kingdom or by persons who do not have professional experience in matters relating to investments or who are not high net worth persons (as the case may be).
Solicited real time communications from overseas
9
The scheme promotion restriction does not apply to any solicited real time communication which is made from outside the United Kingdom and which relates to units in an overseas scheme.
Communications from overseas to previously overseas customers
10
1
The scheme promotion restriction does not apply to a non-real time or unsolicited real time communication which —
a
is made from outside the United Kingdom by an authorised person to a previously overseas customer of his; and
b
relates to units in an overseas scheme.
2
In this article —
“previously overseas customer” means a person with whom the authorised person has done business within the period of twelve months ending with the day on which the communication was made (“the earlier business”) and where —
at the time that the earlier business was done, the customer was neither resident in the United Kingdom nor had a place of business there; or
at the time the earlier business was done, the authorised person had on a former occasion done business with the customer, being business of the same description as the business to which the communication relates, and on that former occasion the customer was neither resident in the United Kingdom nor had a place of business there.
3
For the purposes of this article, an authorised person has done business with a customer if, in the course of his overseas business, he has —
a
effected a transaction, or arranged for a transaction to be effected, with the customer in respect of units in an overseas scheme; or
b
given, outside the United Kingdom, any advice on the merits of the customer buying or selling units in an overseas scheme.
PART III
OTHER EXEMPTIONS
Follow up non-real time communications and solicited real time communications
11
1
Where an authorised person makes or directs a communication (“the first communication”) which is exempt from the scheme promotion restriction because, in compliance with the requirements of another provision of this Order, it is accompanied by certain indications or contains certain information, then the scheme promotion restriction does not apply to any subsequent communication which complies with the requirements of paragraph (2).
2
The requirements of this paragraph are that the subsequent communication —
a
is a non-real time communication or a solicited real time communication;
b
is made by the same person who made the first communication;
c
is made to a recipient of the first communication;
d
relates to the same unregulated scheme as the first communication; and
e
is made within 12 months of the recipient receiving the first communication.
3
A communication made or directed before this Order comes into force is to be treated as a first communication falling within paragraph (1) if it would have fallen within that paragraph had it been made or directed after this Order comes into force.
Introductions
12
1
If the requirements of paragraph (2) are met, the scheme promotion restriction does not apply to any real time communication which is made with a view to or for the purposes of introducing the recipient to —
a
an authorised person who carries on one or more relevant scheme activities in relation to units in unregulated schemes; or
b
a person who is exempt, as a result of an exemption order made under section 38(1) of the Act, in relation to one or more relevant scheme activities.
2
The requirements of this paragraph are that —
a
the maker of the communication (“A”) is not a close relative of, nor a member of the same group as, the person to whom the introduction is, or is to be, made;
b
A does not carry on business in relevant scheme activities in relation to units in unregulated schemes;
c
A does not receive from any person other than the recipient any pecuniary reward or other advantage arising out of his making the introduction; and
d
it is clear in all the circumstances that the recipient, in his capacity as an investor, is not seeking and has not sought advice from A as to the merits of participating in an unregulated scheme (or, if the client has sought such advice, A has declined to give it, but has recommended that the recipient seek such advice from an authorised person specialising in that kind of investment).
Generic promotions
13
The scheme promotion restriction does not apply to any communication which —
a
does not relate to units of a particular unregulated scheme identified (directly or indirectly) in the communication; and
b
does not identify (directly or indirectly) any person who operates a collective investment scheme or sells units.
Investment professionals
14
1
The scheme promotion restriction does not apply to any communication which —
a
is made only to recipients whom the person making the communication believes on reasonable grounds to be investment professionals; or
b
may reasonably be regarded as directed only at such recipients.
2
For the purposes of paragraph (1)(b), if all the conditions set out in paragraph (4)(a) to (c) are met in relation to the communication, it is to be regarded as directed only at investment professionals.
3
In any other case in which one or more of the conditions set out in paragraph (4)(a) to (c) are met, that fact shall be taken into account in determining whether the communication is directed only at investment professionals (but a communication may still be regarded as so directed even if none of the conditions in paragraph (4) is met).
4
The conditions are that —
a
the communication is accompanied by an indication that it is directed at persons having professional experience of participating in unregulated schemes and that the units to which the communication relates are available only to such persons;
b
the communication is accompanied by an indication that persons who do not have professional experience in participating in unregulated schemes should not rely on it;
c
there are in place proper systems and procedures to prevent recipients other than investment professionals from acquiring from the person directing the communication, a close relative of his or a company in the same group, units in the scheme to which the communication relates.
5
“Investment professionals” means —
a
an authorised person;
b
a person who is exempt, as a result of an exemption order made under section 38(1) of the Act, in relation to one or more relevant scheme activities;
c
any other person —
i
whose ordinary activities involve him in participating in unregulated schemes for the purposes of a business carried on by him; or
ii
who it is reasonable to expect will so participate for the purposes of a business carried on by him;
d
a government, local authority (whether in the United Kingdom or elsewhere) or an international organisation;
e
a person (“A”) who is a director, officer or employee of a person (“B”) falling within any of sub-paragraphs (a) to (d), when the communication is made to A in that capacity and where A’s responsibilities when acting in that capacity involve him in B’s participation in unregulated schemes.
6
For the purposes of paragraph (1), a communication is to be treated as made only to or directed only at investment professionals even if it also made to or directed at other persons to whom it may lawfully be communicated.
7
In this article —
“government” means the government of the United Kingdom, the Scottish Administration, the Executive Committee of the Northern Ireland Assembly, the National Assembly for Wales and any government of any country or territory outside the United Kingdom;
“international organisation” means any body the members of which comprise —
states including the United Kingdom or another EEA State; or
bodies whose members comprise states including the United Kingdom or another EEA State.
One off non-real time communications and solicited real time communications
15
1
The scheme promotion restriction does not apply to a one off communication which is either a non-real time communication or a solicited real time communication.
2
If both the conditions set out in paragraph (3) are met in relation to a communication it is to be regarded as a one off communication. In any other case in which either of those conditions is met, that fact is to be taken into account in determining whether the communication is a one off communication (but a communication may still be regarded as a one off communication even if neither of the conditions in paragraph (3) is met).
3
The conditions are that —
a
the communication is made only to one recipient or only to one group of recipients in the expectation that they would engage in any investment activity jointly;
b
the communication is not part of an organised marketing campaign.
Communications required or authorised by enactments
16
The scheme promotion restriction does not apply to any communication which is required or authorised to be communicated by or under any enactment other than the Act.
Persons in the business of placing promotional material
17
The scheme promotion restriction does not apply to any communication which is made to a person whose business it is to place, or arrange for the placing of, promotional material provided that it is communicated so that he can place or arrange for placing it.
Existing participants in an unregulated scheme
18
The scheme promotion restriction does not apply to any communication which is —
a
a non-real time communication or a solicited real time communication;
b
communicated by the operator of an unregulated scheme; and
c
communicated to persons whom the person making the communication believes on reasonable grounds to be persons who are entitled to units in that scheme.
Group companies
19
The scheme promotion restriction does not apply to any communication made by one body corporate in a group to another body corporate in the same group.
Persons in the business of disseminating information
20
1
The scheme promotion restriction does not apply to any communication which is made only to recipients whom the person making the communication believes on reasonable grounds to be persons to whom paragraph (2) applies.
2
This paragraph applies to —
a
a person who receives the communication in the course of a business which involves the dissemination through a publication of information concerning investments;
b
a person whilst acting in the capacity of director, officer or employee of a person falling within sub-paragraph (a) being a person whose responsibilities when acting in that capacity involve him in the business referred to in that sub-paragraph;
c
any person to whom the communication may otherwise lawfully be made.
Certified high net worth individuals
21
1
If the requirements of paragraphs (4) and (5) are met, the scheme promotion restriction does not apply to any communication which —
a
is a non-real time communication or a solicited real time communication;
b
is made to a certified high net-worth individual;
c
relates only to units falling within paragraph (6);
d
does not invite or induce the recipient to enter into an agreement under the terms of which he can incur a liability or obligation to pay or contribute more than he commits by way of investment.
2
“Certified high net-worth individual” means any individual —
a
who has a current certificate of high net worth; and
b
who has signed, within the period of twelve months ending with the day on which the communication is made, a statement in the following terms:
I make this statement so that I am able to receive promotions of units in unregulated collective investment schemes where such promotions are exempt from the restriction in section 238 of the Financial Services and Markets Act 2000. The exemption relates to certified high net worth individuals and I declare that I qualify as such. I accept that the schemes to which the promotions will relate are not authorised or recognised for the purposes of that Act. I am aware that it is open to me to seek advice from an authorised person who specialises in advising on this kind of investment
.
3
For the purposes of paragraph (2)(a) a certificate of high net worth —
a
must be in writing or other legible form;
b
is current if it is signed and dated within the period of twelve months ending with the day on which the communication is made;
c
must state that in the opinion of the person signing the certificate, the person to whom the certificate relates either —
i
had, during the financial year immediately preceding the date on which the certificate is signed, an annual income of not less than £100,000; or
ii
held, throughout the financial year immediately preceding the date on which the certificate is signed, net assets to the value of not less than £250,000;
d
must be signed by the recipient’s accountant or by the recipient’s employer.
4
The requirements of this paragraph are that the communication is accompanied by an indication —
a
that it is exempt from the restriction on the promotion of unregulated schemes (in section 238 of the Financial Services and Markets Act 2000) on the grounds that the communication is made to a certified high net worth individual;
b
of the requirements that must be met for a person to qualify as a certified high net worth individual;
c
that buying the units to which the communication relates may expose the individual to a significant risk of losing all of the property invested;
d
that any person who is in any doubt about the units to which the communication relates should consult an authorised person specialising in advising on participation in unregulated schemes.
5
In determining an individual’s “net assets”, no account is to be taken of —
a
the property which is his primary residence or of any loan secured on that residence;
b
any rights of his under a qualifying contract of insurance; or
c
any benefits (in the form of pensions or otherwise) which are payable on the termination of his service or on his death or retirement and to which he is (or his dependents are), or may be, entitled.
6
A unit falls within this paragraph if it is in an unregulated scheme —
a
which is not operated by the person who has signed the certificate of high net worth referred to in paragraph (2)(a); and
b
which invests wholly or predominantly in the shares in or debentures of an unlisted company.
7
“Unlisted company” has the meaning given in the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 .
High net worth companies, unincorporated associations etc.
22
1
The scheme promotion restriction does not apply to any communication which —
a
is made only to recipients whom the person making the communication believes on reasonable grounds to be persons to whom paragraph (2) applies; or
b
may reasonably be regarded as directed only at persons to whom paragraph (2) applies.
2
This paragraph applies to —
a
any body corporate which has a called-up share capital or net assets of —
i
in the case of a body corporate which has more than 20 members or which is a subsidiary undertaking of a parent undertaking which has more than 20 members, not less than £500,000;
ii
in the case of any other body corporate, not less than £5 million;
b
any unincorporated association or partnership which has net assets of not less than £5 million;
c
the trustee of a high value trust;
d
any person (“A”) whilst acting in the capacity of director, officer or employee of a person (“B”) falling within any of sub-paragraphs (a) to (c), where A’s responsibilities, when acting in that capacity, involve him in B’s participation in unregulated schemes;
e
any person to whom the communication might otherwise lawfully be made.
3
For the purposes of paragraph (1)(b) —
a
if all the conditions set out in paragraph (4)(a) to (c) are met in relation to the communication, it is to be regarded as directed at persons to whom paragraph (2) applies;
b
in any other case in which one or more of those conditions are met, that fact is to be taken into account in determining whether the communication is directed at persons to whom paragraph (2) applies (but a communication may still be regarded as so directed even if none of the conditions in paragraph (4) is met).
4
The conditions are that —
a
the communication includes an indication of the description of persons to whom it is directed and an indication of the fact that the units to which it relates are available only to such persons;
b
the communication includes an indication that persons of any other description should not rely upon it;
c
there are in place proper systems and procedures to prevent recipients other than persons to whom paragraph (2) applies from acquiring from the person directing the communication, a close relative of his or a company in the same group, units in the scheme to which the communication relates.
5
In this article —
“called-up share capital” has the meaning given in the Companies Act 1985 or in the Companies (Northern Ireland) Order 1986 ;
“high value trust” means a trust where the aggregate value of the cash and investments which form part of the trust’s assets (before deducing the amount of its liabilities) —
is £10 million or more; or
has been £10 million or more at any time during the year immediately preceding the date on which communication in question was first made or directed;
“net assets” has the meaning given in section 264 of the Companies Act 1985 or the equivalent provision of the Companies (Northern Ireland) Order 1986.
Sophisticated investors
23
1
“Certified sophisticated investor” means a person —
a
who has a current certificate in writing or other legible form signed by an authorised person to the effect that he is sufficiently knowledgeable to understand the risks associated with participating in unregulated schemes; and
b
who has signed, within the period of twelve months ending with the day on which the communication is made, a statement in the following terms:
I make this statement so that I can receive promotions which are exempt from the restriction on promotion of unregulated schemes in the Financial Services and Markets Act 2000. The exemption relates to certified sophisticated investors and I declare that I qualify as such. I accept that the schemes to which the promotions will relate are not authorised or recognised for the purposes of that Act. I am aware that it is open to me to seek advice from an authorised person who specialises in advising on this kind of investment
.
2
If the requirements of paragraph (3) are met, the scheme promotion restriction does not apply to any communication which —
a
is made to a certified sophisticated investor; and
b
does not invite or induce the recipient to participate in an unregulated scheme operated by the person who has signed the certificate referred to in paragraph (1)(a) or to acquire units from that person.
3
The requirements of this paragraph are that the communication is accompanied by an indication —
a
that it is exempt from the scheme promotion restriction (in section 238 of the Financial Services and Markets Act 2000) on the communication of invitations or inducements to participate in unregulated schemes on the ground that it is made to a certified sophisticated investor;
b
of the requirements that must be met for a person to qualify as a certified sophisticated investor;
c
that buying the units to which the communication relates may expose the individual to a significant risk of losing all of the property invested;
d
that any individual who is in any doubt about the investment to which the invitation or inducement relates should consult an authorised person specialising in advising on investments of the kind in question.
4
For the purposes of paragraph (1)(a), a certificate is current if it is signed and dated not more than three years before the date on which the communication is made.
Associations of high net worth or sophisticated investors
24
The scheme promotion restriction does not apply to any non-real time communication or solicited real time communication which —
a
is made to an association the membership of which the person making the communication believes on reasonable grounds comprises wholly or predominantly persons who are —
i
certified high net worth individuals within the meaning of article 21;
ii
high net worth persons falling within article 22(2)(a) to (d);
iii
certified sophisticated investors within the meaning of article 23; and
b
does not invite or induce the recipient to enter into an agreement under the terms of which he can incur a liability or obligation to pay or contribute more than he commits by way of investment.
Settlors, trustees and personal representatives
25
The scheme promotion restriction does not apply to any communication which is made —
a
by an authorised person when acting as a settlor or grantor of a trust, a trustee or a personal representative;
b
to a trustee of the trust, a fellow trustee or a fellow personal representative (as the case may be),
if the communication is made for the purposes of the trust or estate.
Beneficiaries of trust, will or intestacy
26
The scheme promotion restriction does not apply to any communication which is made —
a
by an authorised person when acting as a settlor of a trust, trustee or personal representative to a beneficiary under the trust, will or intestacy; or
b
by an authorised person who is a beneficiary under a trust, will or intestacy to another beneficiary under the same trust, will or intestacy,
if the communication relates to the management or distribution of that trust fund or estate.
Remedy following report by Parliamentary Commissioner for Administration
27
The scheme promotion restriction does not apply to any communication made or directed by a person for the purpose of enabling any injustice, stated by the Parliamentary Commissioner for Administration in a report under section 10 of the Parliamentary Commissioner Act 1967 to have occurred, to be remedied with respect to the recipient.
Persons placing promotional material in particular publications
28
The scheme promotion restriction does not apply to any communication received by a person who receives the publication in which the communication is contained because he has himself placed an advertisement in that publication.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire Healthcare National Health Service Trust (Establishment) Order 2001 and shall come into force on 7th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (A1) of that Act ;
“establishment date” means 7th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lincolnshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Lincolnshire Healthcare National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely community health services, for the purposes of the health service at or from:
i
Orchard House, South Rauceby, Sleaford, Lincolnshire NG34 8PP;
ii
Gervas House, Long Leys Road, Lincoln, Lincolnshire LN1 1EJ,
and at or from associated hospitals, establishments or facilities in Lincolnshire.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Lincolnshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
28th January 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations, which may be cited as the Patient Information Advisory Group (Establishment) Regulations 2001, shall come into force on 31st August 2001.
2
In these Regulations —
“ the Act ” means the Health and Social Care Act 2001;
“the Advisory Group ” means the Patient Information Advisory Group established by regulation 2(1) below.
3
These Regulations extend to England and Wales only.
Establishment of the Advisory Group
2
1
For the purposes of section 61(2) and (3) of the Act there is established a committee to be known as the Patient Information Advisory Group.
2
The Advisory Group shall consist of not less than 12 nor more than 20 members.
Membership of the Advisory Group
3
1
The Secretary of State shall appoint members of the Advisory Group for a period of 3 years and, where a person has ceased to be a member of the Advisory Group during the period of his appointment, the Secretary of State may appoint another person for the remainder of that period.
2
The Secretary of State may re-appoint a person to the Advisory Group where the re-appointment does not extend that person’s periods of membership beyond six years.
3
The Secretary of State may terminate the membership of any member of the Advisory Group if he considers that member’s continued membership of the Advisory Group to be contrary to the interests of the health service or when a member is unable to participate in the Advisory Group due to ill health.
4
Any member of the Advisory Group may submit his resignation from the Advisory Group to the chairman of that Group.
5
Appointments and resignations shall be made in writing or transmitted by electronic means in a legible form which is capable of being used for subsequent reference.
Chairman of the Advisory Group
4
1
The Secretary of State shall designate one of the members of the Advisory Group as its chairman.
2
For any period during which the chairman is unable to discharge his duties, the Advisory Group may by a majority vote elect a member of that Group to be vice chairman to perform them.
Procedure
5
1
The Advisory Group shall meet at least four times a year.
2
The Secretary of State shall appoint a secretary to the Advisory Group whose duties shall include the taking of minutes at the formal meetings of the Advisory Group.
3
The secretary to the Advisory Group shall be in attendance at all the formally constituted meetings of the Advisory Group.
4
In the event that the secretary to the Advisory Group is unable to attend any meeting of the Advisory Group the chairman of the Advisory Group shall nominate another person to act as the secretary to that Group.
5
Where members of the Advisory Group hold differing views on any matter which falls for a decision a majority vote shall be decisive.
6
The outcome of a vote on matters where the members of the Advisory Group hold differing views shall be formally recorded as votes for a particular view, decision or recommendation and votes against a particular view, decision or recommendation.
7
The quorum for the meetings of the Advisory Group shall be at least half the membership of the Advisory Group.
8
The proceedings of the formal meetings of the Advisory Group including minutes and any recommendations of the Advisory Group to the Secretary of State and the attendance list at the formal meetings of that Group shall be publicly available.
Expenses
6
1
The Secretary of State shall make payments to the Advisory Group in respect of any expenses which it incurs in the performance of its duties.
2
Where any member of the Advisory Group has suffered a loss of earnings or has incurred expenses solely to enable him to perform his duties as a member of the Advisory Group, the Secretary of State shall pay to that member a sum sufficient to defray that loss or reimburse that expense.
Accommodation and secretariat
7
The Secretary of State shall provide such accommodation and secretarial and administrative support to the Advisory Group for the performance of its functions as he may determine.
Jacqui Smith
Minister of State,
Department of Health
6th August 2001


text:
1
These Regulations may be cited as the Financial Markets and Insolvency (Settlement Finality) (Revocation) Regulations 2001 and shall come into force on 5th April 2001.
2
The Financial Markets and Insolvency (Settlement Finality) (Amendment) Regulations 2001 are hereby revoked.
Clive Betts
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Interim Permissions) Order 2001 and comes into force on the twenty first day after it is laid before Parliament.
Definitions
2
1
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“commencement” means the beginning of the day on which section 19 comes into force;
“an interim permission” means a Part IV permission conferred by article 6 or 7(2);
“the relevant date” means —
commencement, in respect of —
newly regulated activities which are regulated activities immediately after commencement; and
overseas regulated activity;
1 January 2002 in respect of newly regulated activities which are not regulated activities before that date.
2
In this Order —
“the Banking Act ” means the Banking Act 1987 ;
“the Building Societies Act ” means the Building Societies Act 1986 ;
“the Financial Services Act ” means the Financial Services Act 1986 ;
“the Friendly Societies Act ” means the Friendly Societies Act 1992 ;
“the Insurance Companies Act ” means the Insurance Companies Act 1982 ;
“the 2BCD Regulations ” means the Banking Coordination (Second Council Directive) Regulations 1992 ;
“the ISD Regulations ” means the Investment Services Regulations 1995 ;
“the 3ID Regulations ” means the Insurance Companies (Third Insurance Directives) Regulations 1994 ;
“the Authorised Persons Order ” means the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc. ) Order 2001 ;
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
3
Any reference in this Order to a section or Part is, unless the context otherwise requires, a reference to that section or Part of the Act.
Relevant Applicant
3
1
This Order applies to a person who —
a
has, on or before 31 October 2001, made an application to the Authority —
i
under section 40 for permission to carry on a newly regulated activity; or
ii
under section 44 to add a newly regulated activity to his Part IV permission; and
b
was at 3 September 2001 carrying on by way of business the newly regulated activity to which the application mentioned in sub-paragraph (a) relates.
2
This Order also applies to a person who —
a
has on or before 31 October 2001 made an application to the Authority —
i
under section 40 for permission to carry on an overseas regulated activity; or
ii
under section 44 for variation to add an overseas regulated activity to his Part IV permission; and
b
was at 3 September 2001 carrying on by way of business that overseas regulated activity in a country or territory outside the United Kingdom.
3
In this Order, a person to whom this Order applies in accordance with this article is referred to as a “Relevant Applicant”.
Newly regulated activity
4
1
In this Order a “newly regulated activity” is an activity —
a
which the Relevant Applicant was able to carry on in the United Kingdom before commencement without contravening a regulatory enactment;
b
for which the Relevant Applicant needs permission under the Act if he continues to carry on that activity after the relevant date without contravening either the general prohibition or section 20; and
c
which the Relevant Applicant does not have a Part IV permission to carry on by virtue of the Authorised Persons Order.
2
The reference in paragraph (1) to an activity which the Relevant Applicant was able to carry on without contravening a regulatory enactment does not include an activity in respect of which he was —
a
an exempt person under Chapter IV of Part I of the Financial Services Act;
b
exempt by virtue of Schedule 2 to the Banking Act.
3
A “regulatory enactment” means —
a
section 3 of the Banking Act;
b
section 3 of the Financial Services Act;
c
section 2(1) of the Insurance Companies Act;
d
section 31(1) of the Friendly Societies Act;
e
section 9(1) of the Building Societies Act.
Overseas regulated activity
5
In this Order an “overseas regulated activity” is a regulated activity which the Relevant Applicant —
a
is regarded as carrying on in the United Kingdom after the relevant date only by virtue of section 418; and
b
which the Relevant Applicant was carrying on at 3 September 2001 without contravening —
i
regulation 20 of the ISD Regulations;
ii
regulation 22 of the 2BCD Regulations;
iii
paragraph 1 or 5 of Schedule 2G to the Insurance Companies Act ;
iv
paragraph 1 or 5 of Schedule 13B to the Friendly Societies Act .
Interim permission
6
1
Subject to article 10, if —
a
the Relevant Applicant notifies the Authority before 31 October 2001 that he wishes to have a Part IV permission by virtue of this article; and
b
his application has not been withdrawn or decided before the relevant date,
he is to be treated as having, at the relevant date, a Part IV permission to carry on any newly regulated activity or overseas regulated activity covered by his application.
2
For the purposes of paragraph (1)(b), an application has been decided if —
a
the Authority has given permission to the Relevant Applicant to carry on the activity without exercising its powers under section 42(7)(a) or (b) or section 43(1) and the grant of permission under section 42(2) takes effect from the relevant date;
b
in a case where the Relevant Applicant refers the determination of his application to the Tribunal under section 55 then if the reference has been determined in respect of that activity;
c
the Authority has refused permission, or given permission but exercised its power under section 42(7)(a) or (b) or section 43(1) in respect of the carrying on of the activity and the time for referring the matter to the Tribunal has expired before the relevant date without the Relevant Applicant making such a reference.
Subsidiary of person with paragraph 23 permission
7
1
This article applies where —
a
a person (“ S ”) is a subsidiary undertaking of another person (“ PP ”);
b
PP is a person in respect of whom a paragraph 23 permission was in effect immediately before commencement;
c
S has, on or before 31 October 2001, made an application to the Authority under section 40 or 44 for permission under Part IV to carry on regulated activities which relate to the paragraph 23 permitted business carried on by PP;
d
PP was, at the date when S made the application referred to in sub-paragraph (c), carrying on paragraph 23 permitted business;
e
PP has not made an application to the Authority under section 40 or 44 for permission under Part IV to carry on regulated activities which correspond to his paragraph 23 permitted business;
f
S notifies the Authority on or before 31 October 2001 that he wishes to have a Part IV permission by virtue of this article.
2
In a case where this article applies —
a
S is to be treated as a Relevant Applicant for the purposes of this Order; and
b
S is to be treated as having, at commencement, a Part IV permission to carry on the paragraph 23 permitted business covered by his application.
3
For the purposes of this article —
a
a “paragraph 23 permission” is a permission granted to a person under paragraph 23 of Schedule 1 to the Financial Services Act;
b
“paragraph 23 permitted business” is business which PP was able to carry on before commencement without contravening section 3 of the Financial Services Act by reason of his paragraph 23 permission.
Duration of interim permission
8
1
A Relevant Applicant who has an interim permission to carry on a particular regulated activity may not after commencement withdraw his application for permission to carry on that activity, unless the Authority consents to his withdrawing it.
2
Subject to paragraph (4) and without prejudice to the exercise by the Authority of its powers under Part IV, a Relevant Applicant’s interim permission to carry on a particular activity lapses on whichever is the earliest of the following dates —
a
in a case where the Relevant Applicant withdraws his application for permission to carry on that activity, then when the application is withdrawn;
b
in a case where the Authority gives permission to carry on the activity and does not exercise its power under section 42(7)(a) or (b) or section 43(1), then from the date when the permission given under section 42(2) takes effect;
c
in a case where the Relevant Applicant refers the determination of his application to the Tribunal under section 55, then when the reference is determined in respect of that activity;
d
in a case where —
i
the Authority refuses permission or gives permission but exercises its power under section 42(7)(a) or (b) or section 43(1) in respect of the carrying on of the activity; and
ii
the Relevant Applicant does not refer the matter to the Tribunal,
then on the date when the right to refer the matter to the Tribunal expires.
3
For the purposes of paragraph (1)(c), an application is decided when it has been determined and there is no possibility (or no further possibility) of the determination being reversed or varied on a reference to a tribunal or an appeal.
4
Where —
a
the Authority has exercised its powers under section 53 in respect of the activities covered by a Relevant Applicant’s interim permission; and
b
the operation of paragraph (2) would result in there being no regulated activities for which the Relevant Applicant has a Part IV permission,
the interim permission does not lapse but remains in force (as varied by the Authority under section 53) until it is cancelled by the Authority; and the Authority must cancel the interim permission once it is satisfied that it is no longer necessary to keep the interim permission in force.
Approved persons performing controlled functions for Relevant Applicant
9
1
Where a person (“E”) has transitional approval to perform a controlled function in relation to the carrying on by a Relevant Applicant of a regulated activity for which that Relevant Applicant has interim permission, that transitional approval lapses on whichever is the earliest of the following dates —
a
the date when the Relevant Applicant’s interim permission lapses in accordance with article 8;
b
if E has applied for approval under section 59 to perform that function and that application is granted, then the date when that application is granted;
c
if E has applied for approval under section 59 to perform that function and the application is refused, then the date when either —
i
any reference of that refusal under section 62(4) is determined by the Tribunal; or
ii
the right to refer the refusal to the Tribunal expires without such a reference having been made.
2
For the purposes of paragraph (1), E has transitional approval to perform a controlled function if he is to be taken, by virtue of the Authorised Persons Order, to have been approved by the Authority for the performance of that function.
Effect of overriding prohibition
10
1
Articles 6 and 8 do not apply to a Relevant Applicant who is subject, immediately before the relevant date, to an overriding prohibition.
2
For the purposes of this article, a Relevant Applicant is subject to an “overriding prohibition” if —
a
his authorisation has been suspended under section 28 or section 33 of the Financial Services Act;
b
he is prohibited under section 65 of the Financial Services Act from entering into transactions which constitute investment business (within the meaning of that Act);
c
immediately before commencement he was a member of a recognised self-regulating organisation for the purposes of section 7 of the Financial Services Act but was subject to a direction imposed by that organisation preventing him from carrying on investment business (within the meaning of that Act);
d
he was prevented by a restriction under section 12 or a direction under section 19 of the Banking Act from accepting deposits;
e
he had ceased to be authorised by virtue of a direction under section 11 or section 12A of the Insurance Companies Act to effect contracts of insurance (within the meaning of those sections);
f
he was subject to a direction under section 40(1)(a) of the Friendly Societies Act withdrawing his authorisation to effect contracts of insurance (within the meaning of that section);
g
he had been forbidden under section 51(1) of the Friendly Societies Act to accept any new members;
h
he was subject to a condition imposed under section 42 of the Building Societies Act preventing him from issuing shares, accepting deposits or making advances or other loans;
i
he was prohibited under regulation 9 or 15 of the 2BCD Regulations from accepting deposits in the United Kingdom or from carrying on home-regulated investment business in the United Kingdom (within the meaning of those Regulations);
j
he was restricted under regulation 10 of the 2BCD Regulations from carrying on in the United Kingdom any home regulated activity (within the meaning of that regulation);
k
he was prohibited under regulation 9 of the ISD Regulations from providing in the United Kingdom any listed services (within the meaning of that regulation).
3
Articles 6 and 8 do not apply to a Relevant Applicant who is subject, immediately before the relevant date, to a requirement which —
a
is imposed (or is treated, by virtue of the Authorised Persons Order, as having been imposed) on him under section 43; and
b
prohibits him from carrying on the newly regulated activity or overseas regulated activity to which his application relates.
Transitional provision
11
1
The following transitional provisions apply until the relevant date.
2
In sections 45, 46, 47, 48, 50, 52, 53, 54 and 55 (variation of Part IV permissions etc ) sections 56 and 60 (performance of regulated activities) and section 148 (modification or waiver of rules) —
a
the references to an authorised person are to be read as references to a Relevant Applicant; and
b
references to Part IV permissions are to be read as references to interim permissions even though not yet in force.
Application of rules etc. to Relevant Applicants with interim permission
12
1
The Authority may direct that any relevant provision which would otherwise apply to Relevant Applicants by virtue of their interim permission is not to apply, or is to apply to them as modified in the way specified in the direction.
2
Where the Authority makes a rule or gives guidance which applies only to persons who are Relevant Applicants with an interim permission (or only to a class of such persons), section 155 does not apply to that rule or guidance.
3
For the purposes of paragraph (1) a relevant provision is any provision made as a result of the exercise by the Authority of its legislative functions within the meaning of paragraph 1 of Schedule 1 to the Act.
Application of the Act etc.
13
The Schedule to this Order makes provision about the application of the Act and of certain provisions made under the Act in relation to a Relevant Applicant with an interim permission.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th October 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2001; they extend to England and Wales only, and shall come into force on 1st August 2001.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2001.
.
3
In Schedule 1 there shall be inserted at the appropriate places in columns 1 and 2 the following:
Column 1 Column 2 Pesticide Residues
Azinphos-ethyl azinphos-ethyl Chlozolinate chlozolinate Dinoterb dinoterb DNOC DNOC Monolinuron monolinuron Propham propham Pyrazophos pyrazophos Spiroxamine spiroxamine Tecnazene tecnazene
4
On 1st July 2003, the entry for the pesticide Tecnazene in relation to lettuce shall be deleted from Part 1 to Schedule 2.
5
In each column of Part 2 of Schedule 2, where the expression “(changing 1 July 2001)” appears at the top, that expression shall be deleted and so shall each entry in italic type to which it refers.
6
In Part 2 of Schedule 2, there shall be inserted, in the appropriate place to preserve the alphabetical ordering from left to right, maximum permitted levels for residues of the pesticides specified in the Schedule to these Regulations in relation to the products so specified.
7
In Part 2 of Schedule 2 maximum residue levels shall be substituted as follows —
a
for mg/ kg of chlormequat —
i
on pears delete “0.05*” and insert “0.5”,
ii
on both olives (table consumption) and olives (oil extract) delete “0.05*” and insert “0.1*”, and
iii
on cultivated mushrooms delete “0.05*” and insert “10”;
b
for mg/kg of chlorothalonil —
i
on blackberries delete “0.01*” and insert “10”, and
ii
on bananas delete “2” and insert “0.2”;
c
for mg/kg of dicofol —
i
on table grapes delete “0.02*” and insert “2”, and
ii
on tomatoes delete “0.02*” and insert “1”;
d
for mg/kg of diphenylamine —
i
on apples delete “0.05*” and insert “5”, and
ii
on pears delete “0.05*” and insert “10”;
e
for mg/kg of endosulfan on peppers delete “0.05*” and insert “1”.
8
The following footnotes shall be added at the end of Part 2 of Schedule 2 —
37
The residues definition for this MRL is: spiroxamine carboxylic acid expressed as spiroxamine.
38
Scarole includes broad-leaf endive.
39
Liver and kidney.
Whitty,
Parliamentary Under Secretary of State for Environment, Food and Rural Affairs
25th June 2001
Signed on behalf of the National Assembly for Wales
Elis Thomas
Presiding Officer, National Assembly for Wales
5th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Blackpool Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd November 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 Blackpool Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 2nd November 2001 a Primary Care Trust to be called the Blackpool Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The North West Lancashire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North West Lancashire 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 Blackpool, Wyre and Fylde National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under-Secretary of State,
Department of Health
24th October 2001


text:
Citation and commencement
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 2001 and shall come into force on the 20th September 2001.
Dangerous Goods
2
In regulation 5 of the Dartford-Thurrock Crossing Regulations 1998 , for the reference to the booklet entitled “Dangerous Traffic”, 9th edition issued in 1997, there shall be substituted a reference to the 11th edition of that booklet issued in 2001.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
David Jamieson
Parliamentary Under-Secretary of State,
Department of Transport, Local Government and the Regions
22nd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Buckinghamshire Mental Health National Health Service Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1) (d) or (e) of, or Schedule 1, to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 19th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Buckinghamshire Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Buckinghamshire Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:
a
Manor House, Bierton Road, Aylesbury, Buckinghamshire HP20 1EG,
b
Haleacre Unit, Amersham Hospital, Wheilden Street, Amersham, Buckinghamshire, HP7 0JD,
c
Marlborough House, Milton Keynes,
and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Buckinghamshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
ability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th February 2001


text:
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Registration) (Amendment) Regulations 2001 and shall come into force on 13th August 2001.
2
1
The Police Act 1997 (Criminal Records) (Registration) Regulations 2001 shall be amended as follows.
2
In regulation 3 —
a
for sub-paragraph (e) there shall be substituted the following sub-paragraph:
e
in the case of a registered body:
i
whether that body is likely to countersign applications under section 113 or 115 of the 1997 Act at the request of bodies or individuals asking exempted questions and, if so, the nature of those questions;
ii
the name and address of any individual for the time being nominated in accordance with regulation 3A below as being authorised to act for the body in relation to the countersigning of applications under Part V of the 1997 Act and any telephone or facsimile number or electronic mailing address which has been notified to the Secretary of State for communication purposes;
iii
the date on which the name of that individual was first listed in the register;
iv
the number assigned to that individual on being so listed; and
v
a specimen of the signature of that individual;
; and
b
in sub-paragraph (f) after “registered person” there shall be inserted “other than a body”.
3
After regulation 3 there shall be inserted the following regulation:
Nomination of authorised individuals
3A
1
A body applying for registration under section 120 of the 1997 Act shall submit with the application the names of the individuals authorised to act for the body in relation to the countersigning of applications under Part V of that Act.
2
A registered body shall submit to the Secretary of State the names of any individuals so authorised after the registration of the body, whether or not in substitution for any name previously submitted.
3
The Secretary of State may refuse to accept, or to continue to accept, the nomination of an individual as so authorised if, in the opinion of the Secretary of State, that individual is not a suitable person to have access to information which has become, or is likely to become, available to him as a result of the registration of the body which nominated him.
4
In determining for the purposes of this regulation whether an individual is a suitable person to have access to any information, the Secretary of State may have regard, in particular, to the matters specified in section 120A(3) of the 1997 Act .
5
Where the Secretary of State refuses to accept, or to continue to accept, the nomination of an individual under this regulation, he shall notify the body concerned, and that body may submit the name of another individual in substitution.
.
4
In regulation 5, after paragraph (1) there shall be inserted the following paragraph:
1A
There shall be payable by a registered person which is a body a fee of £5 in respect of the second and each subsequent name entered in the register in accordance with regulation 3(e)(ii) above.
.
John Denham
Minister of State, Home Office
11th July 2001


text:
1
This Order may be cited as the Income Tax (Indexation) (No. 2) Order 2001.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 257C(1) of the Income and Corporation Taxes Act 1988 as specified for the year 2002–03 in sections 257 and 257A of that Act are set out in paragraphs (2) and (3).
2
In section 257 of that Act (personal allowance) —
a
in subsection (1) (personal allowance) — £4,615;
b
in subsection (2) (personal allowance — age 65–74) — £6,100;
c
in subsection (3) (personal allowance — age 75 and over) — £6,370;
d
in subsection (5) (income limit for age-related allowances) — £17,900.
3
In section 257A of that Act (married couple’s allowance) —
a
in subsection (2) (married couple’s allowance — age 67 to 74 and born before 6th April 1935) — £5,465;
b
in subsection (3) (married couple’s allowance — age 75 and over) — £5,535;
c
in subsection (5) (income limit for age-related allowances) — £17,900;
d
in subsection (5A) (minimum married couple’s allowance) — £2,110.
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2001


text:
Citation and commencement
1
The Regulations may be cited as the Education (Grants) (Yehudi Menuhin School) Regulations 2001 and shall come into force on 1st September 2001.
Payment of grant
2
The Secretary of State may on or before 31st October 2001 pay a grant of such amount as she may determine to the governors of the Yehudi Menuhin School of Stoke d'Abernon, Cobham, Surrey (“the School”) in respect of expenditure to be incurred by them on, or in connection with, the building of the Menuhin Memorial Centre in the grounds of the school.
Conditions of payment
3
The payment of the grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where a grant is paid under these Regulations, the governors of the School shall comply with such requirements (including requirements as to the repayment of the grant or the payment to the Secretary of State of other sums representing the value of the premises purchased and refurbished with the aid of grant or interest on sums due to her) as may be specified by the Secretary of State.
Stephen Timms
Minister of State,
Department for Education and Skills
7th August 2001


text:
Citation
1
This Order may be cited as the Vehicles (Crime) Act 2001 (Commencement No. 2) Order 2001.
Commencement
2
The following provisions of the Vehicles (Crime) Act 2001 shall come into force on 2nd January 2002:
a
section 38;
b
section 43 for the purposes of paragraphs 7, 8, 9 and 10 of the Schedule.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
John Spellar
Minister of State
Department for Transport, Local Government and the Regions
20th December 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 4) Order 2001.
2
The following provisions of the Criminal Justice and Court Services Act 2000 shall come into force on 1st April 2001 —
a
Chapters I and II of Part I (the new services) and sections 18, 23, 24 and 25;
b
sections 43, 44, 45 (renaming certain community orders), 54 (breach of community orders: failure to answer summons) and 55 (regulation of community orders);
c
sections 67, 68 (arrangements for assessing etc. risks posed by certain offenders) and 69 (duties of local probation boards in connection with victims of certain offences);
d
section 73 (parenting orders: responsible officer);
e
Schedules 1, 2 and 3;
f
in Schedule 7 (minor and consequential amendments) —
i
Part I;
ii
paragraphs 6, 37, 38, 40 to 53, 57, 58, 61, 71, 72, 74, 75, 79 to 82, 84 to 97, 99, 100, 102, 103, 110, 111(a), 116 to 118, 120 to 126, 131 to 133, 141, 143, 150 to 153, 160, 166, 168, 169, 171, 174, 175, 195, 198, 200 and 205 to 210;
iii
in paragraph 197, sub-paragraph (b) and the definitions of “community rehabilitation period” and “local probation board” in sub-paragraph (f);
iv
in paragraph 199, sub-paragraph (1), sub-paragraph (2)(b) save in so far as it relates to exclusion and drug abstinence orders, sub-paragraphs (3) and (4), sub-paragraph (5) save in so far as it relates to exclusion and drug abstinence orders, sub-paragraph (10) in so far as it substitutes the cross-heading preceding paragraph 7 of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 , sub-paragraphs (14) to (18) and (20), paragraphs (a)(iii) and (e) of sub-paragraph (21) save in so far as they relate to exclusion orders and sub-paragraphs (22), (23) and (27);
v
paragraph 203(1); and
vi
paragraph 203(2) in so far as it relates to paragraphs 34(a), 153, 154, 155 and 156 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000;
g
the entries in Schedule 8 (repeals) relating to the enactments referred to in the left hand column of the following table in so far as they deal with the provisions referred to in the right hand column.
Chapter Short Title Relevant Provision
1959 c. 45 Metropolitan Magistrates' Courts Act 1959
Section 3
Section 4(2)
1969 c. 54 Children and Young Persons Act 1969
Section 46(1)
Paragraph 9(2)(a) of Schedule 3
1972 c. 70 Local Government Act 1972 Paragraph 2(a) of Part I of Schedule 12A 1974 c. 23 Juries Act 1974 Part I of Schedule 1 1976 c. 36 Adoption Act 1976 Sections 65(1)(b) and 65A 1980 c. 43 Magistrates' Courts Act 1980 Section 72 1983 c. 41 Health and Social Services and Social Security Adjudications Act 1983 Section 10(16) 1989 c. 41 Children Act 1989 Sections 16, 31, 41 and 58, paragraph 9 of Schedule 3 and paragraph 29 of Schedule 10 1990 c. 41 Courts and Legal Services Act 1990
Paragraphs 7 and 17 of Schedule 16
Paragraph 25 of Schedule 18
1993 c. 47 Probation Service Act 1993 The whole Act 1994 c. 19 Local Government (Wales) Act 1994 Paragraph 109 of Schedule 16 1994 c. 33 Criminal Justice and Public Order Act 1994 Paragraphs 72 and 73 of Schedule 10 1998 c. 37 Crime and Disorder Act 1998 Paragraph 110 of Schedule 8 1999 c. 22 Access to Justice Act 1999
Paragraphs 17 and 41 to 45 of Schedule 10
Paragraphs 15 and 42 of Schedule 11
1999 c. 29 Greater London Authority Act 1999 Section 326 2000 c. 6 Powers of Criminal Courts (Sentencing) Act 2000
Section 46(13)
Section 47(5)
Section 64(2)
Section 163
Paragraph 34(a) and paragraphs 153 to 156 of Schedule 9
2000 c. 21 Learning and Skills Act 2000 Section 121
3
1
For the year ending 31st March 2001 the amendments to the Audit Commission Act 1998 brought into force by article 2(e) above shall have effect to require each local probation board to arrange to make up and approve the accounts in accordance with the requirements of the Audit Commission Act 1998 and the Accounts and Audit Regulations 1996 (which have effect as if made under that Act) of any probation committee whose probation area forms, immediately before the creation of that local board, all or part of its area.
2
In this article, “probation committee” means a probation committee constituted under section 3 of the Probation Service Act 1993 as it has effect immediately before 1st April 2001.
4
In consequence of article 2(f)(iv) above (which brings into force provisions which alter the terminology in Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000), and until paragraph 199(10) of Schedule 7 to the Criminal Justice and Court Services Act 2000 comes into force for all purposes, paragraph 7(4) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 shall have effect as if the reference to “community service orders” were a reference to “community punishment orders” and as if the reference to “any other community service order” were a reference to “any other community punishment order”.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
8th March 2001


text:
1
This Order may be cited as the Children (Allocation of Proceedings) (Amendment) Order 2001 and shall come into force on 1st April 2001.
2
This Order applies to proceedings begun after 1st April 2001.
3
The Children (Allocation of Proceedings) Order 1991 shall be amended in accordance with the provisions of this Order and, in those provisions, any reference to an article or Schedule by number alone shall be construed as a reference to the article so numbered in the said Order of 1991 or the Schedule to that Order which is so numbered.
4
In article 3(1), delete sub-paragraph (s).
5
In each of articles 6(2)(c), 10(2)(c), 12(2)(c) and 13(2)(c) —
a
delete “(s),”; and
b
after “article 3(1)” insert “and under section 55A of the Family Law Act 1986 ”.
6
In article 7(1), after “article 3(1)” insert “or proceedings under section 55A of the Family Law Act 1986”.
7
1
Schedule 1 shall be amended as provided in the following paragraphs of this article.
2
In the section headed “Midland and Oxford Circuit” —
a
in the heading, delete “and Oxford”; and
b
delete the entries for Grimsby, Oxford and Peterborough County Courts.
3
In the section headed “North Eastern Circuit”, after the entry for Durham County Court insert “Grimsby County Court”.
4
In the section headed “South Eastern Circuit”, after the entry for Norwich County Court insert:
Oxford County Court
Peterborough County Court
.
8
1
Schedule 2 shall be amended as provided in the following paragraphs of this article.
2
In the section headed “Midland and Oxford Circuit” —
a
in the heading, delete “and Oxford”; and
b
delete the entries for the petty sessions areas of Abingdon, Barton-on-Humber, Bicester, Brigg, Cambridge, Didcot and Wantage, East Oxfordshire, Ely, Epworth and Goole, Grimsby and Cleethorpes, Henley, Huntingdon, Newmarket, North Oxfordshire and Chipping Norton, North Witchford, Oxford, Peterborough, Scunthorpe, Toseland, Wisbech, Witney and Woodstock.
3
In the section headed “North Eastern Circuit” —
a
after the entry for the petty sessions area of Gateshead insert —
Grimsby and Cleethorpes Kingston-upon-Hull County Court Goole and Howdenshire Kingston-upon-Hull County Court
;
b
after the entry for the petty sessions area of North Holderness insert —
North Lincolnshire Kingston-upon-Hull County Court
;
and
c
delete the entry for the petty sessions area of Howdenshire.
4
In the section headed “South Eastern Circuit” —
a
before the entry for the petty sessions area of Ampthill insert —
Abingdon Oxford County Court
;
b
after the entry for the petty sessions area of Bexley insert —
Bicester Oxford County Court
;
c
after the entry for the petty sessions area of Dartford insert —
Didcot and Wantage Oxford County Court
;
d
after the entry for the petty sessions area of East Dereham insert —
East Oxfordshire Oxford County Court
;
e
after the entry for the petty sessions area of Havering insert —
Henley Oxford County Court
;
f
after the entry for the petty sessions area of North Hertfordshire insert —
North Oxfordshire and Chipping Norton Oxford County Court
;
g
after the entry for the petty sessions area of Norwich insert —
Oxford Oxford County Court
;
h
after the entry for the petty sessions area of Wisbech insert —
Witney Oxford County Court
;
and
i
after the entry for the petty sessions area of Woodbridge insert —
Woodstock Oxford County Court
.
Irvine of Lairg, C.
Dated 6th March 2001