text:
Citation, interpretation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 1 (England) and Transitional Provisions) Order 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the Care Standards Act 2000;
“the 1989 Act ” means the Children Act 1989 ;
a “small children’s home” means a home within the meaning of section 63 of the 1989 Act, which provides (or usually provides or is intended to provide) care and accommodation for not more than three children at any one time.
3
This Order extends to England only.
Appointed Days
2
1
For the purposes only of enabling an application for registration to be made under sub-paragraphs (1) and (2) of paragraph 1 of Schedule 6 to the 1989 Act, 15th October 2000 is the day appointed for the coming into force of section 40 (temporary extension of meaning of “children’s home”) of the Act.
2
1st January 2001 is the day appointed for the coming into force of the following provisions of the Act —
a
section 40 in so far as it is not already in force, and section 41 (temporary provision about cancellation of registration); and
b
section 116 (minor and consequential amendments), in so far as it relates to sub-paragraph (15) of paragraph 14 of Schedule 4 to the Act.
Transitional Provisions
3
1
Where a person carrying on a small children’s home has before 1st January 2001 duly made an application for registration under sub-paragraphs (1) and (2) of paragraph 1 of Schedule 6 to the 1989 Act, the following paragraphs of this article apply.
2
Section 63(1) and (10) of the 1989 Act shall not apply to him —
a
until such time as the application is granted, either unconditionally or subject to such conditions as are mentioned in paragraph (3); or
b
if the application is granted subject to conditions other than such as are mentioned in paragraph (3), or refused —
i
if no appeal is brought, until the expiration of 28 days after service of notice of the local authority’s decision; and
ii
if an appeal is brought, until it is determined or abandoned.
3
The conditions are —
a
such conditions (if any) of the type mentioned in paragraph 5(2) of Schedule 6 to the 1989 Act (agreed conditions); or
b
a condition that no more than three children may be accommodated and cared for in the home.
4
Paragraphs 1(9) and 7(3) of Schedule 6 to the 1989 Act shall not apply to the application.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
9th October 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Charges to Overseas Visitors) Amendment Regulations 2000.
2
These Regulations extend only to England.
Amendment of Regulations
2
The National Health Service (Charges to Overseas Visitors) Regulations 1989 are amended as follows–
a
by the insertion, after the definition of “overseas visitor” in regulation 1(2), of the following definition–
“Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;
;
b
by the insertion, in the definition of “services forming part of the health service”, in regulation 1(2)–
i
after the words “ NHS trust” of the words “or a Primary Care Trust ”,
ii
after the words “provided under” of the words “section 18A(4) or (5) of the Act (accommodation and services for private patients of Primary Care Trusts and powers of Primary Care Trusts to make more income available), ”;
c
by the insertion in regulation 1(2), in the definition of “treatment the need for which arose during the visit”, after the words “Authority or NHS trust” of the words “, or a Primary Care Trust”;
d
by the insertion in paragraphs (1) and (2) of regulation 2 after the words “ Authority or NHS trust” in each place where they occur of the words “ , or a Primary Care Trust”;
e
by the insertion in paragraph (a) of regulation 4, after the words “ Authority or NHS trust” of the words “, or Primary Care Trust”;
f
by the insertion in paragraphs (1) and (2) of regulation 8 after the words “ Authority or NHS trust” in each place where they occur of the words “ , or a Primary Care Trust”;
g
by the deletion from Schedule 2 of the entry “Hong Kong”.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th March 2000


text:
Title and commencement
1
This Order may be cited as the Milk Development Council (Amendment) Order 2000 and shall come into force on 1st April 2000.
Amendment of the Milk Development Council Order 1995
2
The Milk Development Council Order 1995 shall be amended in accordance with articles 3 and 4 of this Order.
3
In article 9 (charges for expenses), in paragraph (1), for the words “ (not exceeding 0.05 pence per litre)” there shall be substituted the words “ (not exceeding the sum, exclusive of any Value Added Tax that may be payable thereon, of 0.08 pence per litre)”.
4
In Schedule 1 (functions of the milk development council), after function number 7 there shall be added the following function–
8
Promoting or undertaking arrangements for better acquainting the public in the United Kingdom with the goods and services supplied by the industry and methods of using them.
.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
21st March 2000
Signed on behalf of the National Assembly for Wales
Dafydd Elis-Thomas
Presiding Officer
27th March 2000
We consent,
Ross Finnie
A member of the Scottish Executive
22nd March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Hammersmith and Fulham) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London Borough of Hammersmith and Fulham specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
11th May 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Individual Learning Accounts (England) Regulations 2000 and shall come into force on 1st September 2000.
2
In these Regulations —
“ the Act ” means the Learning and Skills Act 2000;
“eligible person” has the meaning given in regulation 3;
“learning account administrator” means a body which has the benefit of an approval given by the Secretary of State under section 105(5) of the Act for the purposes of these Regulations and not withdrawn; and
“individual learning account holder” means a person who is a party to qualifying arrangements (as specified in regulation 2).
Qualifying arrangements
2
1
For the purposes of section 105 of the Act arrangements qualify under that section in relation to England if —
a
they take the form of registration by an eligible person with a learning account administrator; and
b
the registration has not been cancelled or withdrawn in accordance with regulation 4.
2
For the purposes of section 105 of the Act arrangements also qualify under that section in relation to England if they are —
a
arrangements which qualify under section 105 of the Act by virtue of regulations made by the National Assembly for Wales;
b
arrangements which qualify under section 106 of the Act; or
c
arrangements which qualify under any provision of an Act of the Scottish Parliament which corresponds to section 105 of the Act,
and if the person who is a party to them is resident in England and satisfies the condition in paragraph (3)(a) or that in paragraph (3)(b).
3
The condition is —
a
that the person has attained the age of 19 and satisfies the condition set out in regulation 3(3); or
b
that a grant has been paid in respect of the person’s education and training pursuant to —
i
regulations under section 108 of the Act made by National Assembly for Wales;
ii
regulations under section 109 of the Act, or
iii
regulations under any Act of the Scottish Parliament which corresponds to section 108 of the Act.
4
For the purposes of paragraph (2) a person is resident in England if he is temporarily or permanently resident there (unless regulation 9 applies).
Meaning of Eligibile Person
3
1
For the purposes of these Regulations a person is an eligible person if he satisfies the conditions contained in paragraphs (2) to (4) below at the date of registration.
2
The first condition is that the person has attained the age of 19 at the date of registration.
3
The second condition is that the person —
a
is settled in the United Kingdom within the meaning of the Immigration Act 1971 ;
b
is a refugee, ordinarily resident in the United Kingdom who has not ceased to be so resident since he was recognised as a refugee, or who is the spouse, child, or stepchild of such a refugee;
c
is a person who —
i
has been informed by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for a recognition as a refugee, it is thought right to allow him to remain in the United Kingdom,
ii
has been granted leave to enter or remain accordingly, and
iii
has been ordinarily resident in the United Kingdom throughout the period since he was granted leave to enter or remain,
or who is the spouse, child, or stepchild of such a person; or
d
is a person not falling within paragraphs (a) to (c) but is a national of a member state of the European Economic Area who is working in the United Kingdom, or the spouse, child or stepchild of such a person.
4
The third condition is that at the time of registration the person was either —
a
resident in England; or
b
resident outside the United Kingdom but ordinarily resident in England.
5
For the purposes of paragraph (4) a person is resident in England or outside the United Kingdom (as the case may be) if he is temporarily or permanently resident there (unless regulation 9 applies).
Registration — General
4
1
A learning account administrator may require an applicant for registration to provide such information or documents as the learning account administrator may determine in order for the learning account administrator to determine whether the person is an eligible person and may decline to accept an application for registration unless such information or documents are provided.
2
A learning account administrator may at any time cancel a registration if —
a
the person ceases to be an eligible person; or
b
it appears to the learning account administrator that any information provided under paragraph (1) was false in a material particular.
3
A person who has registered with a learning account administrator may at any time withdraw his registration.
4
Where a person is a party to qualifying arrangements any subsequent registration with a learning account administrator shall be of no effect.
Grants to or in respect of individual learning account holders
5
Grants may be paid in accordance with regulations 6 to 8 below in respect of individual learning account holders in connection with any education or training proposed to be undertaken by them where —
a
the individual learning account holder at the time of payment of the grant is not in receipt of any scholarship, grant or other allowance paid out of public funds in respect of the whole cost of education or training in question; and
b
the education or training falls within regulation 6.
Education and training for which grant can be paid
6
1
The education or training referred to in regulation 5 is any education or training other than excepted education which is —
a
of a kind specified by the Secretary of State in any way he thinks fit; and
b
provided by a person who has registered with a learning account administrator and whose registration has not been withdrawn.
2
In this regulation excepted education is —
a
secondary education (within the meaning of section 2 of the Education Act 1996 ); or
b
higher education (that is to say education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ).
Amount of grant
7
The amount of grant which may be paid to or in respect of an individual learning account holder shall be decided by the Secretary of State.
Grant: supplementary provision
8
1
Grants shall be paid at such times and in such instalments as the Secretary of State may decide (and in particular the Secretary of State may decide that a grant shall not be paid until the person has himself made or secured the making of any payment towards the costs of the education or training as is necessary).
2
Grants shall be paid to the person providing the education or training.
3
Grants may be paid on such terms as the Secretary of State decides and those terms may include terms requiring repayment of the whole or part of the grant if —
a
the education or training in question is not provided,
b
the individual learning account holder does not undertake the education or training; or
c
any other terms on which the grant was paid are not complied with.
4
Grants may be paid by the Secretary of State or by a learning account administrator under arrangements made with him and if such arrangements are made the Secretary of State may pay the learning account administrator remuneration or amounts to meet its expenses.
Residence of members of the armed forces
9
1
For the purposes of these regulations the residence of a member of the naval, military or air force of the Crown (“a member of the armed forces”) shall be determined in accordance with paragraphs (2) and (3).
2
Unless paragraph (3) applies a member of the armed forces shall be treated as resident at the esablishment where he is for the time being serving.
3
Where the member of the armed forces is serving at an establishment outside the United Kingdom he shall be treated as resident at the establishment in the United Kingdom where he most recently served, disregarding any establishment at which he served for a period of less than a month.
Transitional Provisions
10
Any eligible person who, before the coming into force of these Regulations, was a party to an arrangement known as a Individual Learning Account made by —
a
a Training and Enterprise Council;
b
a Chamber of Commerce Training and Enterprise, or
c
the Individual Learning Account Company
shall, if Capita Business Services Ltd is a learning account administrator, be treated (subject to regulation 4(4)) as registered with that body under regulation 2 on the date on which that body becomes a learning account administrator.
Tessa Blackstone
Minister of State,
Department for Education and Employment
4th August 2000


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Colours in Food (Amendment) (England) Regulations 2000, shall come into force on 30th June 2000 and shall apply to England.
2
In these Regulations “the principal Regulations ” means the Colours in Food Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations, in so far as they apply to England, shall be amended by the addition, at the end of the definition of “Directive 95/45/ EC ” in regulation 2(1), of the words “, as amended by Directive 1999/75/EC ”.
Consequential provision
3
1
References to the principal Regulations in the provisions listed in paragraph (2) below shall, in so far as those provisions apply to England, be taken to be references to the principal Regulations as amended by these Regulations.
2
The provisions to which paragraph (1) above refers are–
a
the definition of “permitted colour” in regulation 2(1) (interpretation) of the Jam and Similar Products Regulations 1981 ;
b
the definition of “additive” in regulation 2(1) (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984 ;
c
the definition of “colour” in Part II of Schedule 1 (categories of food additives) to the Food Additive Labelling Regulations 1992 ;
d
the definition of “colour” in regulation 2(1) (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
the definition of “the additives Regulations” in regulation 2(1) (interpretation) of the Food Labelling Regulations 1996 .
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
14th February 2000
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
17th February 2000


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Social Security (Work-focused Interviews) Regulations 2000 and shall come into force on 3rd April 2000.
Interpretation
2
1
In these Regulations–
“ the Act ” means the Welfare Reform and Pensions Act 1999;
“the 1998 Act ” means the Social Security Act 1998 ;
“benefit week”–
in relation to housing benefit and council tax benefit, means a period of 7 days beginning on a Monday;
in relation to any other specified benefit, means any period of 7 days corresponding to the week in respect of which the relevant social security benefit is due to be paid;
“the designated authority” means any of the following–
the Secretary of State;
a person providing services to the Secretary of State;
a local authority;
a person providing services to, or authorised to exercise any functions of, any such authority;
“the Careers Service” means a person of any description with whom the Secretary of State has made an arrangement under section 10(1) of the Employment and Training Act 1973 and any person to whom he has given a direction under section 10(2) of that Act;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“interview” means a work-focused interview;
“specified benefit” means a benefit other than widow’s payment to which section 2A of the Administration Act applies by virtue of subsection (2) of that section;
“work-focused interview” has the meaning given in regulation 3.
2
In these Regulations, a “relevant person” is a person who resides in an area identified in Schedule 1.
3
For the purposes of these Regulations–
a
“remunerative work” has the meaning prescribed in regulation 4 of the Housing Benefit Regulations; and
b
“part-time work” means work for which payment is made and which is not remunerative work.
4
Where a claim for benefit is made by a person (“the appointee”) on behalf of another, references in these Regulations to a person claiming benefit shall be treated as a reference to the person on whose behalf the claim is made and not to the appointee.
5
These Regulations apply in respect of a specified benefit claimed on or after 3rd April 2000.
6
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered section is to the section of the Act bearing that number;
b
to a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations bearing that number;
c
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number;
d
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
Work-focused interview
3
In these Regulations, a “work-focused interview” means an interview with a relevant person conducted for any or all of the following purposes–
a
assessing a person’s prospects for existing or future employment (whether paid or voluntary);
b
assisting or encouraging a person to enhance his prospects of such employment;
c
identifying activities which the person may undertake to strengthen his existing or future prospects of such employment;
d
identifying current or future employment or training opportunities suitable to the person’s needs; and
e
identifying educational opportunities connected with the existing or future employment prospects or needs of the person.
PART II
WORK-FOCUSED INTERVIEWS
Persons required to take part in an interview
4
1
This regulation is subject to the provisions of regulations 5, 7, 8 and 9.
2
A relevant person who–
a
makes a claim for a specified benefit to a designated authority;
b
has not attained the age of 60 at the time of making the claim; and
c
is not in remunerative work,
is required to take part in an interview.
3
A designated authority to whom a claim is made shall arrange for the person to whom the claim relates and who is required in accordance with these Regulations to take part in an interview to have a personal adviser.
4
A personal adviser shall except where paragraph (6) applies conduct the interview.
5
The interview shall take place at an office of the designated authority or at such other place as may be notified to that person by a personal adviser.
6
Where the claimant has not attained the age of 18, the designated authority shall arrange for the claimant to have an interview with an officer of the Careers Service.
Exemptions
5
1
The following claims for a specified benefit do not give rise to an interview under regulation 4–
a
claims by persons who at the time the claim is made are engaged in remunerative work;
b
claims for a specified benefit where the person making the claim is also claiming a jobseeker’s allowance;
c
claims for a specified benefit where, at the time the claim is made, the person making the claim is entitled to a jobseeker’s allowance;
d
claims by persons who are not present in, and who do not normally reside in, Great Britain.
2
The following claims for housing benefit and council tax benefit do not give rise to an interview under regulation 4–
a
claims made on the expiry of a benefit period;
b
claims made in consequence of the claimant moving from one dwelling to another within the same local authority area.
Continuing entitlement dependent upon an interview
6
1
A relevant person who has not attained the age of 60 and who is entitled to a specified benefit shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of benefit which is payable apart from these Regulations where paragraph (2) applies and–
a
in the case of a lone parent who is not entitled to either incapacity benefit or severe disablement allowance, any of the circumstances specified in paragraph (3) apply; or
b
in any other case, any of the circumstances specified in paragraph (4) apply.
2
This paragraph applies in the case of a person who has taken part in a work-focused interview, or who would have taken part in such an interview but for the requirement being waived in accordance with regulation 7 or deferred in accordance with regulation 8.
3
The circumstances specified in this paragraph are that the lone parent–
a
has been entitled to a specified benefit for more than a year except where one of the benefits to which the person was entitled during the previous 12 months was incapacity benefit or severe disablement allowance; and
b
has not taken part in an interview for at least a year.
4
The circumstances specified in this paragraph are those where–
a
a person is entitled to incapacity benefit or severe disablement allowance following a personal capability assessment;
b
a person’s entitlement to an invalid care allowance ceases whilst entitlement to another specified benefit continues;
c
a person becomes engaged or ceases to be engaged in part-time work;
d
a person has been undergoing education or training arranged by a personal adviser and that education or training comes to an end; and
e
a person who has not attained the age of 18 and who has previously undertaken an interview attains the age of 18.
5
In this regulation–
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child;
“personal capability assessment” means an assessment in accordance with regulations made under section 171C of the Contributions and Benefits Act .
Waiver
7
1
A requirement to take part in an interview imposed by these Regulations shall not apply where the designated authority determines in the case of any particular person making a claim that the interview–
a
would not be of assistance to that person, or
b
would not be appropriate in the circumstances of that case.
2
A person in relation to whom the requirement to take part in an interview has been waived shall be treated for the purposes of any claim for or entitlement to a specified benefit as having complied with that requirement.
Deferment of interview
8
1
Except in a case to which paragraph (2) refers, a personal adviser shall arrange for an interview to take place as soon as reasonably practicable after the claim is made or the event which under regulation 6(3) or (4) gives rise to the interview occurs.
2
This paragraph applies where the designated authority determines in the case of any particular person that the requirement to take part in an interview shall not apply at the time the claim is made or the event occurs because an interview would not at that time–
a
be of assistance to that person, or
b
be appropriate in the circumstances of that case.
3
A designated authority who determines in accordance with the preceding provisions of this regulation that the requirement to take part in an interview shall not apply shall also determine either when that determination is made or later, the time when the requirement to take part in an interview is to apply in the claimant’s case.
4
Where an interview has been deferred in accordance with this regulation, then until both–
a
a determination has been made that the claimant is to take part in an interview, and
b
a determination has been made as to whether the claimant in fact took part in an interview,
he shall be treated for the purposes of any claim for or entitlement to a specified benefit as having complied with any requirement to take part in an interview.
Claims for two or more specified benefits
9
A person who would otherwise be required under these Regulations to take part in interviews relating to more than one specified benefit–
a
is only required to take part in one interview; and
b
that interview counts for the purposes of all those benefits.
The interview
10
1
The relevant person’s personal adviser shall inform the claimant of the place and time of the interview.
2
The personal adviser may determine that the interview is to take place in the home of the claimant or elsewhere where it would in the opinion of the personal adviser be unreasonable to expect the claimant to attend the office of a designated authority because his personal circumstances are such that attending the office would cause him undue inconvenience or endanger his health.
Taking part in an interview
11
1
The designated authority shall determine whether a person has taken part in an interview.
2
A person who has attained the age of 18 shall be regarded as having taken part in an interview if, and only if–
a
he attends at the place and time notified to him by the personal adviser for the interview; and
b
he provides answers (where asked) and appropriate information to questions about–
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which in the opinion of that person puts him at a disadvantage in obtaining employment; and
vii
any caring or childcare responsibilities he has.
3
A person who has not attained the age of 18 shall be regarded as having taken part in an interview if, and only if, he attends an interview with the Careers Service at the time and place notified to him by the personal adviser.
Failure to take part in an interview
12
1
A person who–
a
has been notified of any interview in accordance with these Regulations;
b
fails to take part in that interview; and
c
fails to show before the end of 5 working days following the day on which the interview was to take place good cause for his failure to take part in the interview,
shall, subject to paragraph (12), suffer the consequences set out below.
2
Those consequences are–
a
where the interview arose in connection with a claim for a specified benefit, that the person to whom the claim relates is to be regarded as not having made a claim for a specified benefit;
b
where an interview which arose in connection with a claim for a specified benefit was deferred and benefit became payable in accordance with regulation 8(4), the person’s entitlement to that benefit shall terminate as from the first day of the next benefit week following the date the decision was made;
c
where the claimant has an award of benefit and the requirement for the interview arose under regulation 6, the claimant’s benefit shall be reduced as from the first day of the next benefit week following the day the decision was made, by a sum equal (but subject to paragraphs (3) and (4)) to 20 per cent. of the amount applicable on the date the deduction commences in respect of a single claimant for income support aged not less than 25.
3
Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below–
a
50 pence per week in the case of housing benefit; or
b
10 pence per week in the case of any other specified benefit.
4
Where two or more specified benefits are in payment to a claimant, a deduction made in accordance with this regulation shall be applied, except in a case to which paragraph (5) applies, to the specified benefits in the following order of priority–
a
income support;
b
incapacity benefit;
c
widow’s benefits;
d
invalid care allowance;
e
severe disablement allowance;
f
council tax benefit;
g
housing benefit.
5
Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (4), the reduction shall be made against the first benefit in that list which is the same as or greater than the amount of the reduction.
6
For the purpose of determining whether a specified benefit is the same as or greater than the amount of the reduction for the purposes of paragraph (5), the amount set out in paragraph 3(a) or as the case may be (b) shall be added to the amount of the reduction.
7
In a case where the whole of the reduction cannot be applied against any one specified benefit because no one benefit is the same as or greater than the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities at paragraph (4) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to the minimum sums specified in paragraph (3) remaining in payment.
8
Where the rate of any specified benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that claimant following the change.
9
Where a claimant whose benefit has been reduced in accordance with this regulation subsequently takes part in an interview, the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.
10
For the avoidance of doubt, a person who is regarded as not having made a claim for any benefit because he failed to take part in a work-focused interview shall be required to make a new claim in order to establish entitlement to any benefit.
11
For the purposes of determining the amount of any benefit payable, a claimant shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.
12
The consequences set out in this regulation shall not apply in the case of a person who brings new facts to the notice of the personal adviser within 1 month of the date on which the decision was notified and–
a
those facts could not reasonably have been brought to the personal adviser’s notice within 5 working days of the day on which the interview was to take place; and
b
those facts show that he had good cause for his failure to take part in the interview.
13
In paragraphs (2) and (12), the “decision” means the decision that the person failed without good cause to take part in an interview.
Circumstances where regulation 12 does not apply
13
The consequences of a failure to take part in an interview set out in regulation 12 shall not apply where the person–
a
ceases to reside in an area specified in Schedule 1; or
b
attains the age of 60.
Good cause
14
Matters to be taken into account in determining whether a person has shown good cause for his failure to take part in an interview include–
a
that the person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the person or any misleading information given to the person by an officer of a designated authority;
b
that the person was attending a medical or dental appointment, or accompanying a person for whom the claimant has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
that the person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the person belongs prevented him attending on that day or at that time;
e
that the person was attending an interview with an employer with a view to obtaining employment;
f
that the person was actually pursuing employment opportunities as a self-employed earner;
g
that the person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a chronic condition;
h
that he was attending the funeral of a close friend or relative on the day fixed for the interview;
i
that a disability from which the person suffers made it impracticable for him to attend at the time fixed for the interview.
Appeals
15
1
This regulation applies to any relevant decision of a designated authority or any decision under section 10 of the 1998 Act superseding such a decision.
2
This regulation applies–
a
whether the decision is as originally made or as revised under section 9 of the 1998 Act; and
b
as if any decision made, superseded or revised otherwise than by the Secretary of State was a decision made, superseded or revised by him.
3
In the case of a decision to which this regulation applies, the person in respect of whom the decision was made shall have a right of appeal under section 12 of the 1998 Act to an appeal tribunal.
Consequential changes
16
1
Schedule 2, which makes changes to the Housing Benefit Regulations which are consequential upon the making of decisions under these Regulations on the work-focused interview, shall have effect.
2
Schedule 3, which makes corresponding changes to the Council Tax Benefit Regulations, shall have effect.
3
Schedule 4, which makes changes relating to the sending and delivering of claims for housing benefit and council tax benefit, shall have effect.
4
Schedule 5, which makes changes to the Claims and Payments Regulations, shall have effect.
5
Schedule 6, which makes changes to the procedure relating to decisions and appeals, shall have effect.
Amendments to Social Security Regulations
17
1
In regulation 4A(1) of the Claims and Payments Regulations , after the words “to any office” there shall be inserted the words “ of a relevant authority”.
2
In regulation 6(1) of the Social Security (Claims and Information) Regulations 1999 for the words “Part I or II of Schedule 1 to these Regulations ” there shall be substituted the words “paragraph (3)”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (No. 2) Regulations 2000 and shall come into force on 28th October 2000.
2
These Regulations extend to England and Wales.
Amendment of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
2
In Schedule 3 Part I, paragraph 1, to the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 after the words “as amended by Commission Decision 2000/542/ EC ( OJ No. L231, 13.9.00, p. 12)” there shall be added the following —
“and Commission Decision 2000/651/EC (OJ No. L272, 25.10.00, p. 46)”.
Hayman
Minister of State (Lords) Ministry of Agriculture, Fisheries and Food
27th October 2000


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 2000 and, subject to paragraph (2) below, shall come into force on 1st August 2000.
2
The provisions of this Order insofar as they relate to the fourth key stage shall come into force —
a
on 1st August 2001 in respect of pupils in the first year of that key stage: and
b
on 1st August 2002 in respect of all other pupils in that key stage.
3
In this Order —
“the Authority” means the Qualifications, Curriculum and Assessment Authority for Wales (“ yr Awdurdod ”);
“the Document” means the document published by the Authority in 2000 entitled “Welsh in the National Curriculum” (“ y Ddogfen ”);
“the National Assembly” means the National Assembly for Wales (“ y Cynulliad Cenedlaethol ”); and
references to key stages shall be construed in accordance with section 355(1) of the Education Act 1996.
3
This Order applies only to schools in Wales.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Welsh) Order 1995 shall cease to apply —
a
on 1st August 2000 in respect of pupils in the first, second and third key stages;
b
on 1st August 2001 in respect of pupils in the first year of the fourth key stage; and
shall be revoked on 1st August 2002.
Specification of attainment targets and programmes of study
3
The National Assembly directs that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purpose of specifying the attainment targets and programmes of study in relation to Welsh.
4
The examples printed in italics in the Document (which serve to illustrate the programmes of study described therein) do not form part of the provision made by this Order.
Signed on behalf of the National Assembly under section 66(1) of the Government of Wales Act 1998
D. Elis Thomas
The Presiding Officer of the National Assembly
10th April 2000


text:
1
This Order may be cited as the Commission Areas (Dyfed Powys) Order 2000 and shall come into force on 1st January 2001.
2
In this Order, except where the context otherwise requires: —
“area” means a commission area including any part of the Dyfed Powys magistrates' courts committee area;
“abolished area” means one of the areas abolished by article 3 below;
“new area” means the area constituted by article 3(b) below;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part II of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 : —
a
the entry for Powys shall be omitted;
b
for the entry for Dyfed there shall be substituted the following new entry:
Name of commission area Extent of commission area
Dyfed Powys The area of Dyfed Powys MCC
4
Every person who immediately before 1st January 2001 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the new area, and the commissions of the peace for the abolished areas shall accordingly have effect as commissions of the peace for the new area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
14th November 2000


text:
Citation, extent and interpretation
1
1
This Order may be cited as the Environment Act 1995 (Commencement No. 16 and Saving Provision) (England) Order 2000.
2
The provisions of the Environment Act 1995 brought into force by this Order are brought into force for the purposes of their application to England only.
3
In this Order —
“the 1995 Act ” means the Environment Act 1995;
“the 1990 Act ” means the Environmental Protection Act 1990 .
Provisions coming into force on 1st April 2000
2
The following provisions of the 1995 Act shall come into force on 1st April 2000 —
a
section 57 (in so far as not already in force);
b
section 120(1) in so far as it relates to paragraphs 79, 89, 91 and 92 of Schedule 22; and
c
section 120(3) in so far as it relates to the repeal in Schedule 24 of sections 61 and 143 of the 1990 Act.
Saving provision
3
Where, before 1st April 2000, —
a
an abatement notice has been served under section 80(1) of the 1990 Act; or
b
a complaint has been made to a magistrates' court under section 82(1) of the 1990 Act or an order made under section 82(2) of that Act,
it, and any proceedings consequent upon any such notice, complaint or order, shall continue to have effect notwithstanding the amendments made to section 79 of the 1990 Act by paragraph 89 of Schedule 22 to the 1995 Act.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Morecambe Bay Primary Care Trust (Establishment) Order 2000 and shall come into force on 15th September 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Morecambe Bay 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 Morecambe Bay 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, 7 officer members and 7 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
4 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 Morecambe Bay 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 Morecambe Bay 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 Bay 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.
John Denham
Minister of State,
Department of Health
8th September 2000


text:
1
This Order may be cited as the Commission Areas (North Wales) Order 2000 and shall come into force on 1st January 2001.
2
In this Order, except where the context otherwise requires: —
“area” means a commission area including any part of the North Wales committee area;
“abolished area” means an area abolished by article 3(a) below;
“new area” means the area constituted by article 3(b) below;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part II of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 : —
a
the entries for Clwyd and Gwynedd shall be omitted;
b
after the entry for Gwent there shall be inserted the following new entry:
Name of commission area Extent of commission area
North Wales The area of North Wales MCC
4
Every person who immediately before 1st January 2001 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the new area, and the commissions of the peace for the abolished areas shall accordingly have effect as commissions of the peace for the new area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
Dated 13th August 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Agriculture (Closure of Grant Schemes) (England) Regulations 2000 and shall come into force on 1st March 2000.
2
These Regulations extend to England only.
Closure of scheme for processing and marketing grants
2
The Minister of Agriculture, Fisheries and Food shall not accept any further applications for the approval of expenditure under the Agricultural Processing and Marketing Grant Regulations 1995 .
Closure of scheme for rural development grants
3
The Minister of Agriculture, Fisheries and Food shall not accept any further applications for the approval of operations under the Rural Development Grants (Agriculture) ( No. 2) Regulations 1995 .
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
31st January 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Woolwich Ferry Order 2000 and shall come into force on 3rd July 2000.
2
In this Order —
“the 1885 Act ” means the Metropolitan Board of Works (Various Powers) Act 1885
“the 1986 Order ” means the Woolwich Ferry Order 1986 , and
“the Woolwich Ferry” means the ferry established, maintained, worked and regulated under section 14 of the 1885 Act.
General functions in relation to Ferry
2
In —
a
sections 14 to 16 (establishment of ferry etc. ) and 19, 20(7), 21 and 22 (general powers) of the 1885 Act and
b
section 19 (subsidiary works) of the London County Council (Improvements) Act 1962 ,
for each reference to the Secretary of State there is substituted a reference to Transport for London.
Byelaws
3
1
In section 23 (byelaws) of the 1885 Act —
a
for the words from the beginning to “make orders” there is substituted “Transport for London may, subject to the provisions of this Act, make and enforce byelaws”; and
b
for each other reference to the Secretary of State there is substituted a reference to Transport for London.
2
Any byelaws deemed to have effect as provided in article 5(1) of the 1986 Order shall have effect as if made by Transport for London.
3
The provisions of Part III of the London County Council (General Powers) Act 1894 , in so far as applicable in relation to byelaws or orders having effect in respect of the Woolwich Ferry, shall apply in relation to byelaws made by, or having effect as if made by, Transport for London as if any reference in that Part to an opinion or an authorisation were to an opinion of, or authorisation by, Transport for London.
Transfer of property, rights and liabilities
4
1
The Woolwich Ferry, and all relevant property, rights and liabilities are vested in Transport for London.
2
For the purposes of this article “relevant property, rights and liabilities” means —
a
all property held by the Secretary of State wholly or mainly for the purposes of his functions relating to the Woolwich Ferry , and
b
all rights and liabilities vested in the Secretary of State in connection with those functions (including, in particular, all rights and liabilities acquired or incurred in pursuance of the agreement between the Secretary of State for Transport and the Council of the London borough of Greenwich made on 27th March 1986).
Revocation
5
The 1986 Order is revoked.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Whipps Cross Hospital National Health Service Trust (Establishment) Order 2000 and shall come into force on 5th June 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 5th June 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Whipps Cross Hospital 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 Whipps Cross Hospital 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 for the purposes of the health service at or from Whipps Cross Hospital, Leytonstone, London E11 1NR, and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 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 Redbridge and Waltham Forest 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
John Denham
Minister of State,
Department of Health
24th May 2000


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2000, and shall come into force on 1st September 2000.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 shall be amended as follows.
2
In regulation 10(4) and (6), for “£1,300” in each place where it appears there shall be substituted “£1,400”.
3
In paragraph 1 of Schedule 2, for “£10,670” there shall be substituted “£10,901”.
4
For the table following paragraph 2(1) of that Schedule there shall be substituted the following table —
TABLE
(1) (2) (3) (4) Part of relevant income to which specified percentage applies Only assisted pupil Each of two assisted pupils Each of three assisted pupils (%) (%) (%)
That part (if any) which exceeds £10,735 but does not exceed £11,674 9 6.75 5.25 That part (if any) which exceeds £11,674 but does not exceed £12,626 12 9 7 That part (if any) which exceeds £12,626 but does not exceed £14,516 15 11.25 8.75 That part (if any) which exceeds £14,516 but does not exceed £17,430 21 15.75 12.25 That part (if any) which exceeds £17,430 but does not exceed £21,228 24 18 14 That part (if any) which exceeds £21,228 33 24.75 19.25
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
1st August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2000 and shall come into force on 13th November 2000.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“the Assembly” means the National Assembly for Wales,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department, and
“regulations” means regulations made pursuant to section 2(2) of the European Communities Act 1972.
Designation of the National Assembly for Wales
2
1
For the purposes of section 2(2) of the Act the Assembly is designated in relation to the matters specified in Schedule 1 to this Order.
2
Regulations made by the Assembly shall apply in relation to Wales only, except where made jointly with a Minister or government department.
3
Where the Assembly is designated by this Order in relation to any matter, for which any Minister or government department has been designated by any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland Ministers and Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act any Northern Ireland Minister or Northern Ireland department is designated in relation to the matter specified in Schedule 2 to this Order.
2
Where a Northern Ireland Minister or Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department has been designated by any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
3
Regulations made by a Northern Ireland Minister or Northern Ireland department pursuant to this Order, that are not made jointly with a Minister or government department, shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
Revocation
4
The designation of any Minister or department of the Government of Northern Ireland in respect of the common agricultural policy of the Economic Community, in the European Communities (Designation) Order 1972 is hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Finance Act 2000, Schedule 6 Part V, (Appointed Day) Order 2000.
2
The date appointed as the day on which paragraphs 59 and 60 of Part V of Schedule 6 to the Finance Act 2000 come into force is 2 January 2001.
3
The date appointed as the day on which paragraphs 53, 54, 55, 56, 57, 58 and 61 of Part V of Schedule 6 to the Finance Act 2000 come into force is 29 January 2001.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
21st December 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 7) Order 2000.
2
In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Appointed days
2
The day appointed for the coming into force of —
a
section 11(1), (2), (3) and (11) (effect of bankruptcy on pension rights) and section 13(1) and (2) (application to Scotland), in so far as section 13(1) and (2) relates to those provisions, is 29th May 2000;
b
section 11(12) (sharing of rights under pension arrangements) is 1st December 2000;
c
section 18, so far as relating to paragraphs 1 and 2 of Schedule 2, is 29th May 2000;
d
section 67(3) and (4) (`relevant age' for higher rate mobility component of disability living allowance) is 9th April 2001; and
e
paragraphs 1 and 2 of Schedule 2 (income payment orders and bankruptcy) is 29th May 2000.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
22nd May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Rail Vehicle Accessibility (Amendment) Regulations 2000 and shall come in to force on 31st December 2000.
Interpretation
2
In these Regulations “the 1998 Regulations ” means the Rail Vehicle Accessibility Regulations 1998 .
Preliminary
3
The 1998 Regulations shall be amended in accordance with the following provisions.
Amendment of regulation 2 (interpretation)
4
In regulation 2(1) of the 1998 Regulations:
a
the definition of “light maintenance depot” shall be omitted;
b
for the words ““magnetic levitation” and “monorail”” there shall be substituted ““magnetic levitation”, “monorail” and “track-based with side guidance””; and
c
after the end of the definition of “passenger saloon” there shall be inserted —
“photocell device” means a device which operates using a combination of a beam of light, a transmitter and a receiver;
.
Amendment of regulation 3 (application of regulations)
5
1
In regulation 3(1) of the 1998 Regulations for the words “or magnetic levitation systems”, there shall be substituted “, magnetic levitation systems or systems which are track-based with side guidance”.
2
In regulation 3(2) of the 1998 Regulation the words “either” and “or the day after its first visit to a light maintenance depot following such occurrence, whichever shall be the sooner” shall be omitted.
Amendment of regulation 4 (doors)
6
In regulation 4(3)(b) of the 1998 Regulations the word “only” shall be omitted.
Amendment of regulation 5 (door controls)
7
1
In regulation 5(1) of the 1998 Regulations, after the words “power-operated door”, there shall be inserted “, other than a device to which paragraph (3) below applies,”.
2
In regulation 5(1)(b) of the 1998 Regulations for the word “pressure” there shall be substituted “force”.
3
After Regulation 5(2) there shall be inserted the following paragraphs —
3
Subject to paragraph (4) below, no control device which opens a door automatically as a passenger approaches that door shall be fitted to a regulated rail vehicle unless:
a
the door starts to open before any part of a passenger reaches a distance of less than 500 millimetres, measured horizontally, from the vertical centre line of the door surface;
b
the door, once opened, remains open for a period of not less than 5 seconds before it closes; and
c
if, after the door starts to close, the edge of the door comes into contact with any part of a passenger the door opens again.
4
If a control device, to which paragraph (3) above applies, incorporates a photocell device positioned above the door, the requirement imposed by paragraph (3)(a) above will be complied with if the distance from the vertical centre line of the door is measured horizontally from any single point on that line not more than 300 millimetres above the floor
.
Amendment of Regulation 9 (tramcar request-stop controls)
8
1
In regulation 9(c) of the 1998 Regulations the word “a” shall be omitted on the first occasion on which it appears.
2
In regulation 9(f) of the 1998 Regulations for the word “pressure” there shall be substituted “force”.
Amendment of Regulation 16 (wheelchair space specifications)
9
In regulation 16(1)(f) of the 1998 Regulations for the words “marked on the fixed structure”, there shall be substituted “placed immediately next to, or in, the wheelchair space so as to identify the space as a wheelchair space”.
Amendment of Regulation 20 (toilets for disabled persons in wheelchairs)
10
In regulation 20(1)(f)(ii) of the 1998 Regulations after the words “paragraph (2)” there shall be inserted “(a), (c), (d) and (e)”.
New Regulation 20A (wheelchair access to on board facilities)
11
After Regulation 20 of the 1998 Regulations there shall be inserted the following regulation —
20A
There shall be no obstruction to prevent, or cause unreasonable difficulty to, a reference wheelchair being manoeuvred to, from, into or out of any wheelchair space, any toilet cubicle complying with Regulation 20 or any wheelchair-compatible sleeping compartment in that regulated rail vehicle.
Amendment of Schedule, Diagram A (reference wheelchair)
12
For Diagram A in the Schedule to the 1998 Regulations there shall be substituted Diagram A in the Schedule to these Regulations.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment,Transport and the Regions
7th December 2000


text:
1
The said rules are hereby approved.
2
This Order may be cited as the General Medical Council (Interim Orders Committee) (Transitional Provisions) Rules Order of Council 2000, and shall come into force on 3rd August 2000.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) Amendment (No. 2) Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations extend to England only .
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
2
1
In the National Health Service (Pharmaceutical Services) Regulations 1992 , regulation 2 (interpretation) is amended as follows.
2
In paragraph (1), in the definition of “prescription form” , before “or an NHS trust”, insert “a Primary Care Trust,”.
3
In paragraph (1A) (which describes nurse prescribers who may issue prescription forms) , in each of sub-head (aa) of sub-paragraph (a)(iii) and sub-head (aa) of sub-paragraph (b)(ii), for “or an NHS trust”, substitute “, an NHS trust or a Primary Care Trust, or by a local authority in connection with arrangements prescribed under section 31(2)(c) of the Health Act 1999 ”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State
Department of Health
6th March 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Pension Sharing (Consequential and Miscellaneous Amendments) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations, regulation 6 (in so far as the definitions referred to in that regulation apply to regulation 3 of the Register of Occupational and Personal Pension Schemes Regulations 1997 ) shall extend to Northern Ireland.
Amendment of the Personal Pension Schemes (Disclosure of Information) Regulations 1987
2
1
The Personal Pension Schemes (Disclosure of Information) Regulations 1987 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
in the definition of “member”, after “scheme” insert “and includes a pension credit member”;
b
after the definition of “member” insert the following definition —
“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995 ;
;
c
after the definition of “pensionable age” insert the following definition —
“safeguarded rights” means those rights referred to in section 68A of the Act ;
.
3
In regulation 5 (information to be made available to individuals) —
a
in paragraph (3) after “rights” insert “or no safeguarded rights”;
b
in paragraph (4) —
i
after “rights” where that word first appears, insert “or safeguarded rights”;
ii
in sub-paragraph (b) after “rights” insert “or safeguarded rights”.
4
In Schedule 1 (basic information about the scheme) —
a
in paragraph 12 after “rights” insert “or safeguarded rights”;
b
in paragraph 13 after “rights” insert “or safeguarded rights”.
5
In Schedule 2 (information to be made available to individuals) —
a
in paragraph 4 after “rights” where that word last appears insert “or safeguarded rights”;
b
in paragraph 11 after “rights” insert “or safeguarded rights”.
Amendment of the Occupational Pension Schemes (Winding Up) Regulations 1996
3
1
The Occupational Pension Schemes (Winding Up) Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), for paragraph (4) substitute the following paragraph —
4
In these Regulations —
“the MFR Regulations ” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 ;
“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;
“transfer credits” has the meaning given by regulation 1(2) of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (citation, commencement and interpretation).
.
3
In regulation 3 (modification of section 73(3) of the Pensions Act 1995), for paragraph (5) substitute —
5
for paragraphs (c) and (d) of section 73(3) there shall be substituted —
c
any liability —
i
for equivalent pension benefits (within the meaning of section 57(1) of the National Insurance Act 1965), guaranteed minimum pensions, protected rights, section 9(2B) rights (within the meaning of regulation 1(2) of the Contracting-out (Transfer and Transfer Payment) Regulations 1996 ), or safeguarded rights (within the meaning of section 68A(1) of the Pension Schemes Act 1993) (but excluding increases to pensions), or
ii
in respect of members with less than two years pensionable service who are not entitled to accrued rights under the scheme, for the return of contributions,
d
any liability for increases to pensions referred to in paragraphs (aa) and (b),
e
any liability for increases to pensions referred to in paragraph (c),
f
so far as not included in paragraph (c) or (e), any liability for —
i
pensions or other benefits which have accrued to or in respect of any members of the scheme (including increases to pensions), or
ii
future pensions, or other future benefits, attributable (directly or indirectly) to pension credits (including increases to pensions).
.
4
In regulation 8 (requirements to be satisfied by transferee schemes, annuities, etc. ), for paragraphs (1) to (3) substitute —
1
For the purpose of section 74(3)(a) (discharge of liability to or in respect of a member by the acquisition of transfer credits under another occupational pension scheme), the requirements to be satisfied by the other occupational pension scheme are the same as those which would apply by virtue of —
a
section 95(2)(a) of the Pension Schemes Act 1993 (ways of taking right to cash equivalent) if —
i
the member were entitled to a cash equivalent under Chapter IV of Part IV of that Act in respect of the rights liability in respect of which is being discharged, and
ii
he required his cash equivalent to be used to acquire transfer credits allowed under the rules of the scheme; or
b
section 101F(2)(a) of that Act (power to give transfer notice).
2
For the purpose of section 74(3)(b) (discharge of liability to or in respect of a member by the acquisition of rights under a personal pension scheme), the requirements to be satisfied by the personal pension scheme are the same as those which would apply by virtue of —
a
section 95(2)(b) of the Pension Schemes Act 1993 if the member were so entitled and he required his cash equivalent to be used to acquire rights allowed under the rules of the scheme; or
b
section 101F(2)(a) of that Act.
3
For the purpose of section 74(3)(c) (discharge of liability to or in respect of a member by the purchase of one or more annuities) the requirements to be satisfied by the annuities are the same as those which would apply by virtue of —
a
section 95(2)(c) of the Pension Schemes Act 1993 if the member were so entitled and he required his cash equivalent to be used to purchase annuities from such insurance companies as are mentioned in that section; or
b
section 101F(2)(b) of that Act, other than the requirement that an insurance company must be chosen by the member.
.
Amendment of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996
4
1
The Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 2 (interpretation), in paragraph (1) after the definition of “minimum funding valuation” insert the following definitions —
“normal benefit age” has the meaning given by section 101B of the Pension Schemes Act 1993 ;
“pension credit benefit” has the meaning given by section 101B of the Pension Schemes Act 1993;
“pension credit benefit member”, in relation to an occupational pension scheme, means a person who has become entitled, by virtue of having pension credit rights which have come into payment, to the present payment of pension or other benefits;
“pension credit member” has the meaning given by section 124(1) of the Pensions Act 1995;
“pension credit rights” has the meaning given by section 124(1) of the Pensions Act 1995 ;
.
3
In regulation 3 (determination, valuation and verification of assets and liabilities: general) —
a
in sub-paragraph (c)(i) of paragraph (2) after “pensioner members” insert “or pension credit benefit members”;
b
in sub-paragraph (c)(ii) of that paragraph —
i
for “and deferred members” substitute “, deferred members and pension credit members”; and
ii
after “accrued rights” insert “and any pension credit rights”;
c
in paragraph (3) after “accrued rights” insert “and any pension credit rights”.
4
In regulation 7 (determination and valuation of liabilities) —
a
in paragraph (3) after “pensioner members” insert “, or who are pension credit benefit members,”;
b
in paragraph (4) after “pensioner members” at each place where those words appear, insert “or pension credit benefit members”;
c
in paragraph (5)(b) after “pensioner members” insert “or pension credit benefit members”;
d
in paragraph (7) after “pensioner members” insert “, or who are not pension credit benefit members,”;
e
in paragraph (8) —
i
after “deferred members” where those words first appear, insert “or pension credit members”;
ii
before “on the relevant date” insert “, or who are pension credit members,”;
f
for paragraphs (9) and (10) substitute —
9
For the purposes of this regulation, a scheme is only to be taken to have a gilts-matching policy for liabilities in respect of pensioner members, pension credit benefit members, deferred members or pension credit members at any time if the last statement in respect of the scheme under section 35 before that time states that the trustees' policy is to meet all liabilities in respect of pensioner members, pension credit benefit members or, as the case may be, deferred members or pension credit members from investments in gilt-edged securities.
10
In this regulation “the switch-over period”, in relation to a member, means the period of 10 years ending with the age at which the member —
a
will first become entitled under the provisions of the scheme to receive a full pension on retirement of an amount determined without a reduction to take account of its payment before a later age (but disregarding any entitlement to pension on retirement in the event of illness, incapacity or redundancy); or
b
will reach normal benefit age.
.
5
In regulation 8 (further provisions as to valuation: methodology, assumptions etc.), in paragraph (2)(a)(i) after “pensioner members” insert “or who are pension credit benefit members”.
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
5
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
in the definition of “excluded person”, after “member” insert “or pension credit member”;
b
after the definition of “money purchase scheme” insert the following definition —
“normal benefit age” has the meaning given by section 101B of the 1993 Act;
; and
c
after the definition of “normal pension age” insert the following definitions —
“pension credit” means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999;
“pension credit member” has the meaning given by section 124(1) of the 1995 Act;
.
3
In regulation 5 (information to be made available to individuals) —
a
in paragraph (4) for “or deferred member” substitute “member, deferred member or pension credit member”;
b
in paragraph (5) for “paragraphs 5 and 6” substitute “paragraphs 5, 6 and 6AA”;
c
after paragraph (6) insert the following paragraph —
6A
Where a scheme is, or has been, a money purchase scheme, the information mentioned in paragraph 7 of Schedule 2 shall be sent, as of course, to each pension credit member —
a
in a case where the trustees or managers of the scheme know of no reason to suppose that the pension credit member will not give effect to his rights on the date on which he attains normal benefit age, at least 6 months before he attains that age;
b
in any other case —
i
if the date of the agreement in respect of which the pension credit member is to give effect to his rights (“the date of agreement”) is more than 6 months before the agreed date for giving effect to his rights (“the agreed date”), at least 6 months before the agreed date, and
ii
if the date of agreement is not more than 6 months before the agreed date, within 7 days of the date of agreement and in any event before the agreed date.
;
d
after paragraph (7) insert the following paragraph —
7A
Where a scheme which has been a money purchase contracted-out scheme ceases to be such a scheme, the trustees of the scheme shall inform each pension credit member as soon as practicable, and in any event not more than one month after the date on which it ceased to be such a scheme, that the scheme has so ceased, and furnish the pension credit member, as soon as practicable and in any event not more than 4 months after the date on which it ceased to be such a scheme, with —
a
the information mentioned in paragraphs 6AA, 8A and 9 of Schedule 2, and
b
except where the scheme is able to meet in full its liabilities to the pension credit member, the information mentioned in paragraph 10 of Schedule 2.
; and
e
in paragraph (10) in sub-paragraphs (a), (b) and (d) after “members” for “and” substitute “, every person entitled to a pension credit and all”.
4
In Schedule 2 (information to be made available to individuals) —
a
in paragraph 4 —
i
after sub-paragraph (b) insert the following sub-paragraph —
c
a pension credit member, the amounts of his own benefits and of any survivors' benefits payable from normal benefit age or death.
;
ii
for “And in either case” substitute “In the case of an active member or a deferred member”; and
iii
at the end of that paragraph insert the following —
In the case of a pension credit member, the information must include:
the method or formula for calculating the member’s own benefits and any survivors' benefits; and
details of how any deduction from benefits is calculated.
;
b
after paragraph 6 insert the following paragraph —
6AA
a
The value of —
i
the pension credit member’s safeguarded rights under the scheme as at a specified date; and
ii
the pension credit member’s accrued rights (other than his safeguarded rights) under the scheme at the same or another specified date.
b
Where the cash equivalent (calculated, as at the date specified for the the purposes of sub-paragraph (a) in accordance with section 101I of the 1993 Act (calculation of cash equivalents) and regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (manner of calculation and verification of cash equivalents)) in respect of the transfer of any of the pension credit member’s rights mentioned in sub-paragraph (a) would be different from the values to be specified under that sub-paragraph, that cash equivalent.
;
c
after paragraph 8 insert the following paragraph —
8A
The date on which the scheme ceased to be a money purchase contracted-out scheme.
;
d
in paragraph 9 after “rights” insert “or safeguarded rights, as the case may be”;
e
in paragraph 10 after “protected rights” in each place where those words appear, insert “or safeguarded rights”;
f
in paragraphs 13 and 14 for “of the 1993 Act” substitute “or Chapter II of Part IVA of the 1993 Act” .
5
In Schedule 3 (information to be included in annual report), in paragraph 7(a) —
a
after “Part IV” insert “or Chapter II of Part IVA”; and
b
for “of the 1993 Act” where those words last appear, substitute “or section 101I of the 1993 Act, as the case may be,”.
Amendment of the Register of Occupational and Personal Pension Schemes Regulations 1997
6
1
The Register of Occupational and Personal Pension Schemes Regulations 1997 shall be amended in accordance with this regulation.
2
In regulation 1(4) (citation, extent, commencement and interpretation) —
a
in the definition of “member” —
i
in sub-paragraph (a)(ii) delete “or”;
ii
at the end of sub-paragraph (a)(iii) insert
or
iv
has pension credit rights under the scheme;
; and
iii
in sub-paragraph (b) after “scheme” where it last appears insert “including a member who has pension credit rights under the scheme”;
and
iv
has pension credit rights under the scheme;
; and
b
after the definition of “open scheme”, insert the following definition —
“pension credit rights” has the meaning given by section 101B of the 1993 Act;
.
Amendment of the Occupational and Personal Pension Schemes (Levy) Regulations 1997
7
1
The Occupational and Personal Pension Schemes (Levy) Regulations 1997 shall be amended in accordance with this regulation.
2
In regulation 1(2) (citation, commencement and interpretation) —
a
in the definition of “member” —
i
in sub-paragraph (a)(ii) delete “or”;
ii
at the end of sub-paragraph (a)(iii) insert
or
iv
has pension credit rights under the scheme;
; and
iii
in sub-paragraph (b) after “scheme” where it last appears insert “, including a member who has pension credit rights under the scheme”; and
b
after the definition of “member” insert the following definition —
“pension credit rights” has the meaning given by section 101B of the 1993 Act;
.
Amendment of the Pensions on Divorce etc. (Provision of Information) Regulations 2000
8
1
The Pensions on Divorce etc. (Provision of Information) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) delete the definition of “relevant date”.
3
In regulation 4 (provision of information in response to a notification that a pension sharing order or provision may be made), in paragraph (2) delete sub-paragraph (j).
4
In regulation 6 (provision of information after the death of the person entitled to the pension credit before liability in respect of the pension credit has been discharged), for paragraph (1) substitute the following paragraph —
1
Where the person entitled to the pension credit dies before the person responsible for the pension arrangement has discharged his liability in respect of the pension credit, the person responsible for the pension arrangement shall, within 21 days of the date of receipt of the notification of the death of the person entitled to the pension credit, notify in writing any person whom the person responsible for the pension arrangement considers should be notified of the matters specified in paragraph (2).
.
Amendment of the Pensions on Divorce etc. (Charging) Regulations 2000
9
1
The Pensions on Divorce etc. (Charging) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2), after the definition of “implementation period” insert the following definition —
“normal pension age” has the meaning given by section 180 of the Pension Schemes Act 1993;
.
3
In regulation 2 (general requirements as to charges), for paragraph (8) substitute the following paragraph —
8
The information specified in regulation 2(2) and (3) of the Provision of Information Regulations shall be provided to the member or his spouse without charge unless —
a
the person responsible for the pension arrangement has furnished the information to the member, his spouse or the court within a period of 12 months immediately prior to the date of the request or the court order for the provision of that information;
b
the member has reached normal pension age on or before the date of the request or the court order for the provision of the information;
c
the request or the court order for the provision of the information is made within 12 months prior to the member reaching normal pension age; or
d
the circumstances referred to in regulation 3(2)(b)(i) apply.
.
Amendment of the Pension Sharing (Valuation) Regulations 2000
10
1
The Pension Sharing (Valuation) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) after the definition of “transfer credits”, insert the following definition —
“transfer day” has the meaning given by section 29(8) of the 1999 Act;
.
3
In regulation 4 (occupational pension schemes: manner of calculation and verification of cash equivalents) —
a
after paragraph (2) insert the following paragraphs —
2A
Where the person with pension rights is a deferred member of an occupational pension scheme on the transfer day, the value of the benefits which he has accrued under that scheme shall be taken to be —
a
in the case of an occupational pension scheme other than a salary related scheme, the cash equivalent to which he acquired a right under section 94(1)(a) of the 1993 Act (right to cash equivalent) on the termination of his pensionable service, calculated on the assumption that he has made an application under section 95(1) of that Act (ways of taking right to cash equivalent); or
b
in the case of a salary related occupational pension scheme, the guaranteed cash equivalent to which he would have acquired a right under section 94(1)(aa) of the 1993 Act if he had made an application under section 95(1) of that Act.
2B
Where the person with pension rights is an active member of an occupational pension scheme on the transfer day, the value of the benefits which he has accrued under that scheme shall be calculated and verified —
a
on the assumption that the member had made a request for an estimate of the cash equivalent that would be available to him were his pensionable service to terminate on the transfer day; and
b
in accordance with regulation 11 of, and Schedule 1 to, the Occupational Pension Schemes (Transfer Values) Regulations 1996 (disclosure).
; and
b
in paragraph (5) at the end insert the following words —
, and by adopting methods consistent with the requirements of Chapter IV of Part IV of the 1993 Act (protection for early leavers — transfer values)
.
4
In regulation 5 (occupational pension schemes: further provisions as to the calculation of cash equivalents and increases and reductions of cash equivalents), for paragraph (5) substitute the following paragraph —
5
The reduction referred to in paragraph (3) shall not apply to a case where liability in respect of a pension credit is to be discharged in accordance with —
a
paragraph 1(2) of Schedule 5 to the 1999 Act (pension credits: mode of discharge — funded pension schemes); or
b
paragraph 1(3) of that Schedule, in a case where regulation 7(2) of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 applies.
.
5
In regulation 6 (other relevant arrangements: manner of calculation and verification of cash equivalents) —
a
after paragraph (1) insert the following paragraphs —
1A
Where the person with pension rights is a member of a personal pension scheme, or those rights are contained in a retirement annuity contract, the value of the benefits which he has accrued under that scheme or contract on the transfer day shall be taken to be the cash equivalent to which he would have acquired a right under section 94(1)(b) of the 1993 Act, if he had made an application under section 95(1) of that Act on the date on which the request for the valuation was received.
1B
In relation to a personal pension scheme which is comprised in a retirement annuity contract made before 4th January 1988, paragraph (2) shall apply as if such a scheme were not excluded from the scope of Chapter IV of Part IV of the 1993 Act by section 93(1)(b) of that Act (scope of Chapter IV).
; and
b
in paragraph (3) at the end insert the following words — “, and by adopting methods consistent with the requirements of Chapter IV of Part IV of the 1993 Act”.
Amendment of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000
11
1
The Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencement and interpretation), in paragraph (2) —
a
delete the definition of “guaranteed minimum pension”;
b
after the definition of “the implementation period” insert the following definition —
“the Inland Revenue” means the Commissioners of Inland Revenue;
;
c
for the definition of “pension sharing order or provision” substitute the following definition —
“pension sharing order” means an order which is mentioned in section 28(l) of the 1999 Act;
;
d
delete the definition of “protected rights”;
e
in the definition of “the reference banks” for sub-paragraph (a) substitute the following sub-paragraph —
a
are authorised by the Financial Services Authority under the Banking Act 1987 ;
.
3
For the regulation 6 (discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit), substitute the following regulation —
Discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit
6
1
The person responsible for the pension arrangement shall following the death of the person entitled to the pension credit discharge his liability in respect of a pension credit in accordance with this regulation.
2
Where the rules or provisions of a pension arrangement so provide and provided that any requirements of the Inland Revenue under Part XIV of the Income and Corporation Taxes Act 1988 are satisfied, the person responsible for the pension arrangement shall discharge his liability in respect of a pension credit by undertaking to —
a
make —
i
a payment of a lump sum; or
ii
payments of a pension; or
iii
payments of both a lump sum and a pension,
to one or more persons; or
b
enter into an annuity contract or take out a policy of insurance with an insurance company for the benefit of one or more persons; or
c
make a payment or, as the case may be, payments under sub-paragraph (a) and enter into an annuity contract or take out an insurance policy under sub-paragraph (b).
3
Where paragraph (2)(b) or (c) applies, the annuity contract entered into or insurance policy taken out must satisfy the requirements of paragraph 6(2) of Schedule 5 to the 1999 Act (qualifying arrangements) and regulation 11 of these Regulations.
4
Where the provisions of paragraph (2) do not apply, liability in respect of a pension credit shall be discharged by retaining the value of the pension credit in the pension arrangement from which that pension credit was derived.
5
Where —
a
liability in respect of a pension credit has been discharged in accordance with paragraph (2); and
b
the value of the payment or payments made, the annuity contract entered into or the insurance policy taken out, as the case may be, is less than the value of the pension credit,
the value of an amount equal to the difference between the value of the pension credit and the value of that payment or those payments, that contract or policy, as the case may be, shall be retained in the pension arrangement from which that pension credit was derived.
.
4
In regulation 7 (discharge of liability in respect of a pension credit — funded pension schemes), in paragraph (2) —
a
in sub-paragraph (a) for “paragraph 1(2)(a)” substitute “paragraph 1(3)(c)”;
b
for sub-paragraph (b) substitute the following sub-paragraph —
b
either —
i
the person entitled to the pension credit has failed to provide his consent in accordance with paragraph 1(2)(a) and (4) of that Schedule; or
ii
the trustees or managers of the scheme have not discharged their liability in accordance with paragraph (1) above.
.
5
In regulation 10 (calculation of the value of appropriate rights), in paragraph (4) after “arrangement” where that word last appears, insert “, and by adopting methods consistent with the requirements of Chapter IV of Part IV of the 1993 Act (protection for early leavers — transfer values)”.
6
In regulation 12 (disqualification as a destination for pension credit — general), after paragraph (b) for “and” substitute “or”.
7
In regulation 13 (disqualification as a destination for pension credit — contracted-out or safeguarded rights) —
a
in sub-paragraph (b) of paragraph (1) delete the words from “(i) a contracted-out occupational pension scheme” to the end of that sub-paragraph;
b
after that sub-paragraph insert the following sub-paragraph —
bb
a contracted-out occupational pension sheme to which section 149 of the 1995 Act (hybrid occupational pension schemes) applies;
.
Amendment of the Pension Sharing (Pension Credit Benefit) Regulations 2000
12
1
The Pension Sharing (Pension Credit Benefit) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 1 (citation, commencment and interpretation), in paragraph (2) in the definition of “the reference banks” for sub-paragraph (a) substitute the following sub-paragraph —
a
are authorised by the Financial Services Authority under the Banking Act 1987;
.
3
In regulation 10 (transfer of a person’s pension credit rights without consent) —
a
in paragraph (3), for “paragraph (6)(a),” substitute “paragraph (6), a”;
b
after paragraph (8) insert the following paragraph —
9
Where the pension credit rights which are to be transferred in accordance with this regulation are or include safeguarded rights, the pension credit rights must be transferred to either a salary related contracted-out scheme or a money purchase contracted-out scheme.
.
4
In regulation 22 (requirements to be met by an eligible scheme), in paragraph (1)(a) for “regulation 9(3)(c)” substitute “regulation 9(5)(c)”.
5
In regulation 24 (manner of calculation and verification of cash equivalents), in paragraph (5) after “requirements of” insert “Chapter IV of Part IV of the 1993 Act (protection for early leavers — transfer values) and”.
6
In regulation 27 (increases and reductions of cash equivalents before a statement of entitlement has been sent to the eligible member), in paragraph (1) after “once” insert “a statement of the value of”.
Amendment of the Pension Sharing (Safeguarded Rights) Regulations 2000
13
1
The Pension Sharing (Safeguarded Rights) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 5 (valuation of safeguarded rights in money purchase schemes), after “derived” insert —
,
are calculated
.
3
In regulation 6 (ways of giving effect to safeguarded rights — money purchase schemes) —
a
in paragraph (1) —
i
after “member” insert “either”;
ii
in sub-paragraph (a) delete “either”;
b
in paragraph (8) for the words from “practicable,” to the end of that paragraph substitute the following words —
“practicable, of a lump sum or a pension or annuity, or both a lump sum and a pension or annuity in accordance with the provisions of regulation 6 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit).”.
4
In regulation 7 (the pension and annuity requirements — money purchase schemes), after paragraph (6) insert the following paragraph —
7
In this regulation “the termination date” has the meaning given by regulation 6(10).
.
5
In regulation 9 (ways of giving effect to safeguarded rights — salary related schemes) —
a
for paragraph (4) substitute the following paragraph —
4
The circumstances specified in this paragraph are that effect may be given to safeguarded rights by the provision of —
a
a lump sum in accordance with the provisions of regulation 3 or 4 of the Pension Credit Benefit Regulations; or
b
a lump sum or a pension or annuity, or both a lump sum and a pension or annuity, in accordance with the provisions of regulation 6 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000.
;
b
in paragraph (9), in the definition of “serious ill health” for “regulation 3(5)” substitute “regulation 3(4)”.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
30th September 2000