text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Terrorism (United Nations Measures) Order 2001 and shall come into force on 10th October 2001.
2
If the Security Council of the United Nations takes any decision which has the effect of postponing, suspending or cancelling the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part as the case may be, in accordance with that decision.
3
Particulars of the decisions referred to in paragraph (2) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
4
This Order shall extend to the United Kingdom.
5
An offence may be committed under Article 3, 4, 5, 6, 8 or 9 by, and a direction may be given under Article 4 or 8 to, any person within the United Kingdom or any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person; or
b
is a body incorporated or constituted under the law of any part of the United Kingdom.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“relevant institution” means —
an institution authorised under the Banking Act 1987 ;
a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 which has established a branch in the United Kingdom for the purpose of accepting deposits or other repayable funds from the public; and
a building society within the meaning of the Building Societies Act 1986 ;
“terrorism” means the use or threat of action where —
the action falls within sub-paragraph (b),
the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
the use or threat is made for the purpose of advancing a political, religious or ideological cause;
action falls within this sub-paragraph if it —
involves serious violence against a person,
involves serious damage to property,
endangers a person’s life, other than that of the person committing the action,
creates a serious risk to the health or safety of the public or a section of the public, or
is designed seriously to interfere with or seriously to disrupt an electronic system;
the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;
in sub-paragraphs (a), (b) and (c) —
“action” includes action outside the United Kingdom,
a reference to any person or to property is a reference to any person, or to property, wherever situated,
a reference to the public includes a reference to the public of a country other than that of the United Kingdom,
“the government” means the government of the United Kingdom, of a part of the United Kingdom or of a country other than the United Kingdom.
Making Funds Available
3
Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds or financial (or related) services available directly or indirectly to or for the benefit of —
a
a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
b
a person controlled or owned directly or indirectly by a person in (a), or
c
a person acting on behalf, or at the direction, of a person in (a),
is guilty of an offence under this Order.
Freezing of Funds
4
1
Where the Treasury have reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be —
a
a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
b
a person controlled or owned directly or indirectly by a person in (a), or
c
a person acting on behalf, or at the direction, of a person in (a),
the Treasury may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Treasury under this article.
2
A direction given under paragraph (1) shall specify either —
a
the period for which the direction is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Treasury may by notice revoke a direction given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or for or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the High Court or, in Scotland, to the Court of Session, for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Treasury (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction given under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under articles 3 and 4(9)
5
Any person who intentionally engages in any activities knowing that the object or effect of those activities is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(9) is guilty of an offence under this Order.
Offences in connection with licences
6
1
Any person who, for the purposes of obtaining a licence under article 3 or 4, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Treasury under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence.
Failure to disclose knowledge or suspicion of offences
7
1
A relevant institution is guilty of an offence under this Order if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism;
ii
is a person controlled or owned directly or indirectly by a person in (i),
iii
is a person acting on behalf, or at the direction of, a person in (i), or
iv
is a person who has committed an offence under article 3, 4(9) or 6; and
b
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is a person covered by paragraph (1)(a)(i), (ii), (iii) or (iv) above or a person who has committed an offence under article 3, 4(9) or 6, or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
8
1
Without prejudice to any other provision of this Order, or any provision of any other law, the Treasury may direct any person to furnish to them any information in his possession or control, or to produce to them any document in his possession or control, which they may require for the purpose of securing compliance with or detecting evasion of this Order or any law making provision with respect to any of the matters regulated by this Order that is in force in any of the Channel Islands, Isle of Man or any territory listed in the Schedule to this Order; and any person to whom such a direction is made shall comply with it within such time and in such manner as may be specified in the direction.
2
Nothing in paragraph (1) shall be taken to require any person who has acted as counsel or solicitor for any person to furnish or produce any privileged information or document in his possession in that capacity.
3
Where a person is convicted of failing to furnish information or produce a document when requested to do so under this article the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
4
The power conferred by this article to direct any person to produce documents shall include power to take copies of or extracts from any document so produced and to direct that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
5
The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
6
Any person who —
a
without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any direction made under this article by any person who is empowered to make it; or
b
furnishes any information or produces any document which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a direction; or
c
otherwise wilfully obstructs any person in the exercise of his powers under this article; or
d
with intent to evade the provisions of this article, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence under this Order.
Disclosure of information
9
1
No information furnished or document produced (including any copy of, or extract made from, any document produced) by a person in pursuance of a direction made under this Order shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced: provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person empowered under this Order to direct that it be furnished or produced or any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in the Schedule to this Order;
c
on the authority of the Treasury, or any organ of the United Nations or to any person in the service of the United Nations or to the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to terrorism decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the United Kingdom, for an offence under this Order; or
ii
for any offence under any law making provision with respect to any of the matters regulated by the Order that is in force in any of the Channel Islands, the Isle of Man or any territory listed in the Schedule to this Order.
2
Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) is guilty of an offence.
Penalties and proceedings
10
1
Any person guilty of an offence under article 3, 4(9), 5 or 6(2) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under article 6(1), 8(6)(b) or (d) or 9(2) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding the statutory maximum.
3
Any person guilty of an offence under article 4(10), 7 or 8(6)(a) or (c) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 , a summary offence under this Order may be tried by a magistrates' court in England and Wales if any information is laid at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
6
Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995 , summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of three years from the commission of the offence.
7
Notwithstanding anything in article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , summary proceedings in Northern Ireland for an offence under this Order may be instituted at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
8
For the purposes of this article:
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (5), (6) and (7) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
9
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
10
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
11
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under this Order, he may arrest that person without a warrant.
12
In Northern Ireland, paragraph (2) of article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offences under this Order that are not arrestable offences by virtue of a term of imprisonment for which a person may be sentenced in respect of them, as they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
13
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Functions of the Treasury
11
The Treasury may, to such extent and subject to such restrictions and conditions as they may think proper, delegate or authorise the delegation of any of their powers under this Order to any person, or class or description of persons, approved by them; and references in this Order to the Treasury shall be construed accordingly.
Licences
12
1
A licence under this Order shall be in writing and may be either general or special, may be subject to or without conditions, and may be limited so as to expire on a specified date unless renewed.
2
A special licence may be varied or revoked at any time by written notice given by the Treasury to each recipient of the licence.
3
The Treasury shall publish a general licence in such manner as they think fit. A general licence may be varied or revoked at any time by written notice which shall be published by the Treasury in the same manner as the licence.
4
A notice under paragraph (2) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Sex Offenders (Notification Requirements) (Prescribed Police Stations) Regulations 2001 and shall come into force on 1st June 2001.
2
In relation to persons subject to the notification requirements of Part I of the Sex Offenders Act 1997, section 2(5)(a) of that Act has effect as if for the reference to any police station in a person’s local police area there is substituted a reference to any police station which is —
a
in a person’s local police area, and
b
listed in the Schedule to these Regulations.
Charles Clarke
Minister of State
Home Office
2nd May 2001


text:
PART I
INTRODUCTORY
Citation, commencement and effect
1
1
These Regulations may be cited as the Personal Pension Schemes (Transfer Payments) Regulations 2001 and shall come into force for the purposes of —
a
regulations 13 and 14, and
b
regulation 3 so far as it relates to regulation 13,
on 14th February 2001, and for all other purposes on 6th April 2001.
2
Regulation 10 shall have effect in accordance with regulation 15(1).
Interpretation
2
In these Regulations, unless the context otherwise requires —
“administrator” —
in relation to a retirement benefits scheme has the meaning given by section 611AA of the Taxes Act and, in relation to a scheme which secures relevant benefits falling within section 591(2A) of the Taxes Act by means of an annuity contract, includes the insurance company with which the contract is made, and
in relation to a personal pension scheme means the person referred to in section 638(1) of the Taxes Act;
“approved retirement benefits scheme” means a retirement benefits scheme approved by the Board for the purposes of Chapter I of Part XIV and includes an annuity contract which secures relevant benefits as mentioned in paragraph (a) of the definition of “administrator”;
“the Board” means the Commissioners of Inland Revenue;
“the certificating requirements” means any requirement to give a lump sum certificate —
under regulation 5, 6 or 13,
under the Personal Pension Schemes (Transfer Payments) Regulations 1988 , or
under the rules of a scheme or fund making a transfer payment to a personal pension scheme;
“Chapter I” means Chapter I of Part XIV;
“controlling director” means a director within the meaning of section 612(1) of the Taxes Act who falls within the provisions of subsection (5)(b) of section 417 of that Act (read with subsections (3), (4) and (6) of that section );
“dependant” and “surviving spouse” have the respective meanings, and shall be determined at the time, given by section 636(2) of the Taxes Act;
“electronic signature” has the meaning given by section 7(2) of the Electronic Communications Act 2000 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“the 1999 Order ” means the Welfare Reform and Pensions (Northern Ireland) Order 1999 ;
“Part XIV” means Part XIV of the Taxes Act;
“pension credit” means a credit under section 29(1)(b) of the 1999 Act or Article 26(1)(b) of the 1999 Order, “transferee” means the person who becomes entitled to the pension credit under either of those provisions, and “pension debit” means a debit under section 29(1)(a) of that Act or Article 26(1)(a) of that Order;
“pension date” has the meaning given by section 630(1) of the Taxes Act ;
“pension sharing order or provision” means any such order or provision as is mentioned in section 28(1) of the 1999 Act or Article 25(1) of the 1999 Order;
“personal pension scheme”, except in regulation 3, means a personal pension scheme approved by the Board for the purposes of Chapter IV of Part XIV;
“personal pension protected rights premium” means a premium payable under section 55(1) of the Pension Schemes Act 1993 or section 51(6)(d) of the Pension Schemes (Northern Ireland) Act 1993 ;
“protected rights” shall be construed in accordance with section 10 of the Pension Schemes Act 1993 and section 6 of the Pension Schemes (Northern Ireland) Act 1993;
“relevant statutory scheme” has the meaning given by section 611A(1) of the Taxes Act ;
“remuneration” shall be construed in accordance with section 612(1) of the Taxes Act;
“retirement annuity contract” means a retirement annuity contract approved by the Board under Chapter III of Part XIV, and “trust scheme” means a trust scheme approved by the Board under that Chapter;
“scheme member” in relation to an approved retirement benefits scheme or relevant statutory scheme means —
a member of the scheme to whom benefit is currently accruing as a result of service as an employee, or
a person who is an ex-spouse of a member of the scheme and whose rights under the scheme derive from a pension sharing order or provision;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“transfer payment” in regulations 5 to 7 and 12 includes a payment under paragraph 1(3) of Schedule 5 to the 1999 Act or under paragraph 1(3) of Schedule 5 to the 1999 Order;
“transfer request” means a request in writing in accordance with regulation 4(1), save that a request shall be regarded as in writing if it is furnished by telephonic facsimile transmission, or by electronic communication containing an electronic signature of the individual in question.
Requirements under section 638(2) of the Taxes Act
3
The provision for the making, acceptance and application of transfer payments, which is required to be made by a personal pension scheme, in order that the scheme may be approved by the Board for the purposes of Chapter IV of Part XIV, is the provision set out in regulations 4 to 13 (to be construed using the relevant definitions in regulation 2).
PART II
PROVISION FOR THE MAKING OF TRANSFER PAYMENTS
Basic obligations
4
1
Subject to paragraph (2) and regulation 8, where the administrator of a personal pension scheme is requested so to do in writing by an individual who is a member of the scheme, he shall make a transfer payment from the scheme to —
a
another personal pension scheme; or
b
an approved retirement benefits scheme of which the individual is an existing scheme member (otherwise than in relation to the transfer payment); or
c
a relevant statutory scheme of which the individual is an existing scheme member (otherwise than in relation to the transfer payment);
but not to any other approved retirement benefits scheme or relevant statutory scheme.
2
The transfer payment shall, in respect of arrangements made by the individual in accordance with the scheme which are (wholly or partly) the subject of the transfer request, comprise the whole of the accumulated funds held in connection with those arrangements except that, where the fund —
a
includes protected rights, or
b
has been, or will be, used to pay a personal pension protected rights premium,
the amount of the funds which represents those rights or has been, or will be, so used may be excluded from the transfer payment.
3
Before making a transfer payment the administrator shall take all reasonable steps to ensure that the payment is being made to a scheme referred to in paragraph (1)(a) to (c).
4
The reference in the words of paragraph (1) preceding sub-paragraph (a) to an individual who is a member of a scheme shall be treated as including a reference to a surviving spouse or dependant mentioned in regulation 14(3)(c).
Transfer payments from one personal pension scheme to another — additional obligation to hand over a lump sum certificate where any of the payments originated from certain schemes mentioned in Chapter I
5
1
Subject to paragraph (2), the administrator of a personal pension scheme (“the paying scheme”) from which a transfer payment is made in the circumstances described in paragraph (3) shall, on the making of the payment, give the certificate referred to in paragraph (3)(b) to the administrator of the personal pension scheme to which the payment is made (“the receiving scheme”).
2
Where only one (or some) of the arrangements made by the individual in accordance with the scheme is being transferred, the administrator of the paying scheme shall apportion any amount shown on the certificate on a proportionate basis, and shall prepare and sign replacement certificates in respect of each part of the funds (including in a case where the amount is nil), and shall give the replacement certificate relating to the funds transferred to the administrator of the receiving scheme.
3
The circumstances described in this paragraph are where the transfer payment is made from the paying scheme to another personal pension scheme and —
a
the payment or part of the payment had its origin in a transfer payment (“the original payment”) from an approved retirement benefits scheme or a relevant statutory scheme, and
b
the administrator of the paying scheme holds a certificate which was given in relation to the original payment or any other event showing either —
i
that an amount is payable out of that payment by way of lump sum to the individual in respect of whom the transfer payment will be made, on his pension date, or
ii
that no amount is payable out of that payment by way of lump sum to that individual on his pension date.
Transfer payments from a personal pension scheme to certain schemes mentioned in Chapter I — additional obligation to hand over a “nil” lump sum certificate where any of the payments originated from such schemes
6
1
Subject to paragraph (2), the administrator of a personal pension scheme (“the paying scheme”) from which a transfer payment is made in the circumstances described in paragraph (3) shall, on the making of the payment, give the certificate referred to in paragraph (3)(b) to the administrator of the approved retirement benefits scheme or relevant statutory scheme to which the payment is made (“the receiving scheme”).
2
Where only one (or some) of the arrangements made by the individual in accordance with the scheme is being transferred, the administrator of the paying scheme shall prepare and sign replacement certificates, each in the amount of nil, in respect of each part of the funds, and shall give the replacement certificate relating to the funds transferred to the administrator of the receiving scheme.
3
The circumstances described in this paragraph are where the transfer payment is made from the paying scheme to an approved retirement benefits scheme or a relevant statutory scheme and —
a
the payment or part of the payment had its origin in a transfer payment (“the original payment”) from an approved retirement benefits scheme or relevant statutory scheme, and
b
the administrator of the paying scheme holds a certificate which was given in relation to the original payment or any other event showing that no amount may be paid out of that payment by way of lump sum to the individual in respect of whom the transfer payment will be made.
PART III
PROVISION FOR THE ACCEPTANCE OF TRANSFER PAYMENTS
Basic obligation
7
Subject to regulations 4 and 8, a personal pension scheme may accept a transfer payment from —
a
another personal pension scheme;
b
an approved retirement benefits scheme;
c
a relevant statutory scheme;
d
a retirement annuity contract or trust scheme; or
e
a fund to which section 608 of the Taxes Act applies;
but shall not accept a transfer payment from any other source without the prior written approval of the Board.
Prohibition of acceptance of certain transfer payments from certain schemes mentioned in Chapter I unless the administrator has obtained a certificate as to the value of the proposed transfer payment
8
1
A personal pension scheme shall not accept a transfer payment from —
a
an approved retirement benefits scheme (other than an annuity contract securing relevant benefits as described in section 591(2)(g) of the Taxes Act where that contract is made before 6th April 2001), or
b
a relevant statutory scheme,
(“the paying scheme”) in the circumstances described in paragraph (2) unless the administrator of the personal pension scheme has obtained the certificate referred to in paragraph (3) from the administrator of the paying scheme.
2
The circumstances described in this paragraph are circumstances where, in relation to any employment to which the proposed transfer payment, or any part of it, relates —
a
the individual is, or has been at any time during the period of ten years prior to the date of the proposed transfer payment (“the proposed transfer date”), a controlling director, or
b
i
the individual’s annual remuneration is, or was, for any year of assessment falling (wholly or partly) during the period of six years prior to the proposed transfer date, more than the allowable maximum (within the meaning of section 640A(2) of the Taxes Act) for the year of assessment in which the proposed transfer date falls, and
ii
the individual’s age at the proposed transfer date will be not less than 45 years.
3
The certificate referred to in this paragraph is a certificate, signed by the administrator of the paying scheme, which shows that the proposed transfer payment does not exceed the maximum amount which may be transferred from an approved retirement benefits scheme or relevant statutory scheme to a personal pension scheme calculated in accordance with Appendix XI of “Occupational Pension Schemes Practice Notes (IR 12)” published by the Board on 22nd January 2001.
PART IV
PROVISION FOR THE APPLICATION OF TRANSFER PAYMENTS
Basic obligations
9
Subject to regulations 10 to 14, any transfer payment accepted by a personal pension scheme in accordance with these Regulations shall only be used for providing benefits listed in section 633(1) of the Taxes Act or for making a further transfer payment subject to the provisions of these Regulations.
Application of transfer payments to a personal pension scheme from or originating from certain schemes mentioned in Chapter I for the provision of “death benefits”
10
1
Where a personal pension scheme has in the circumstances described in regulation 8(2) (omitting the word “proposed” wherever it occurs) accepted a transfer payment from —
a
an approved retirement benefits scheme, or
b
a relevant statutory scheme, or
c
another personal pension scheme in circumstances where the transfer payment, or part of it, had its origin in a transfer payment from an approved retirement benefits scheme or a relevant statutory scheme,
the accumulated value arising from that transfer payment or, as the case may be, that part shall be applied after the death of the individual referred to in regulation 8(2) in accordance with paragraph (2) or (3), in the events described in paragraph (2).
2
Where the individual dies before any benefits have been paid to him under an arrangement under which the transfer payment falls to be held, the accumulated value arising from that transfer payment or, as the case may be, that part shall be applied —
a
wholly to secure the payment to a surviving spouse or (if the arrangement so provides) a dependant of an annuity which satisfies the conditions in section 636 of the Taxes Act , or
b
to secure the payment of income withdrawals by the surviving spouse or (if the arrangement so provides) the dependant with respect to which the conditions in section 636A of the Taxes Act are satisfied and, as to any amount not used for that purpose, to secure the payment to the surviving spouse or (if the arrangement so provides) the dependant of such an annuity as is referred to in sub-paragraph (a), or
c
as to not more than 25 per cent. to secure the payment of a lump sum and as to the balance to secure the payment to the surviving spouse or (if the arrangement so provides) the dependant of such an annuity as is referred to in sub-paragraph (a), or of such income withdrawals and annuity as are referred to in sub-paragraph (b).
3
In the events described in the words of paragraph (2) preceding sub-paragraph (a), subject to sub-paragraphs (a) to (c) of that paragraph, the whole of the accumulated value may be applied to secure the payment of a lump sum.
Application of transfer payments to a personal pension scheme from or originating from certain schemes mentioned in Chapter I for the provision of lump sums to the member
11
1
Where in the circumstances described in regulation 8(2) (omitting the word “proposed” wherever it occurs) a personal pension scheme (“the receiving scheme”) accepts a transfer payment from —
a
an approved retirement benefits scheme, or
b
a relevant statutory scheme, or
c
another personal pension scheme in circumstances where the transfer payment or part of it had its origin in a transfer payment (“the original payment”) from an approved retirement benefits scheme or a relevant statutory scheme,
(“the paying scheme”) the provisions of paragraph (2) shall apply.
2
Where the provisions of this paragraph apply —
a
no amount may be paid to the individual in respect of whom the transfer payment is made by way of lump sum on his pension date out of the transfer payment or, as the case may be, the part of that payment unless the administrator of the receiving scheme has obtained from the administrator of the paying scheme the lump sum certificate required by the certificating requirements; and
b
the amount which may be so paid by way of lump sum may not exceed the aggregate of the amount shown in any such certificate (“the basic amount”) and any amount by which the basic amount may be enhanced at the date of payment.
3
For the purposes of paragraph (2) the amount by which the basic amount may be enhanced is the result of applying to the basic amount the percentage increase in the retail prices index between —
a
i
in a case falling within paragraph (1)(a) or (b), the month in which the transfer payment referred to in the words preceding paragraph (1)(a) was received, or
ii
in a case falling within paragraph (1)(c), the month in which the original payment was made, and
b
the last month for which that index had been published at the date of the payment by way of lump sum.
4
The reference in paragraph (3) to the retail prices index shall be construed in accordance with section 833(2) of the Taxes Act as if it were a reference in the Income Tax Acts.
Application of transfer payments to a personal pension scheme where a “nil” lump sum certificate is held
12
Where —
a
a personal pension scheme has accepted a transfer payment in accordance with regulation 7, and
b
the administrator of the scheme holds a certificate given under any of the certificating requirements with regard to the transfer payment or any other event, showing that no amount is payable out of that payment by way of lump sum to the individual in respect of whom the transfer payment was made on his pension date,
no such lump sum may be paid out of the accumulated value arising from that transfer payment.
Obligations where there is a pension sharing order or provision
13
1
Where —
a
a transfer payment has been accepted by a personal pension scheme in the circumstances described in regulation 5(3) (omitting sub-paragraph (b)(ii) and the word “either” preceding sub-paragraph (b)(i)), and
b
a pension sharing order or provision is subsequently made against the individual in respect of whom the payment was made,
the administrator of the receiving scheme shall recalculate the amount shown on the certificate referred to in regulation 5(2) or (3)(b), according to any debit to which the individual’s rights under the scheme become subject by virtue of that order or provision, and shall prepare and sign a replacement certificate in respect of the individual’s rights remaining after the reduction referred to in section 29 of the 1999 Act or Article 26 of the 1999 Order has taken place.
2
Where —
a
a transfer payment has been accepted by a personal pension scheme in the circumstances described in regulation 5(3) (omitting sub-paragraph (b)(i) and the word “either” which precedes it), and
b
a pension sharing order or provision is subsequently made against the individual in respect of whom the payment was made,
the administrator of the receiving scheme shall prepare and sign a certificate in respect of the pension credit to which the transferee becomes entitled, showing that no amount may be paid out of the original payment by way of lump sum to the transferee.
3
Where, after the date which is a member’s pension date in relation to the arrangements in question, a pension sharing order or provision is made against that member, the administrator of the scheme shall prepare and sign a certificate in respect of the pension credit to which the transferee becomes entitled, showing that no amount may be paid out of the pension credit by way of lump sum to the transferee.
4
The reference in paragraph (1) to a certificate referred to in regulation 5(2) or (3)(b) includes a reference to a certificate given under regulation 4 of the Personal Pension Schemes (Transfer Payments) Regulations 1988 .
PART V
EXCEPTIONS TO SECTION 638(7A) OF THE TAXES ACT AND SUPPLEMENTAL
Exceptions to section 638(7A) of the Taxes Act
14
1
Paragraphs (2) and (3) prescribe situations which fall within the exception in section 638(7A) of the Taxes Act with regard to the making of transfer payments.
2
The first situation is where —
a
the transfer payment is from the personal pension scheme (“the paying scheme”) to another personal pension scheme (“the receiving scheme”);
b
income withdrawals are being made by the member from the paying scheme with respect to which the conditions in section 634A of the Taxes Act are satisfied, and the period of deferral of the purchase of an annuity has not ended;
c
the transfer payment comprises the whole of the funds held under any arrangement which is the subject of the transfer payment;
d
where any of the funds referred to in sub-paragraph (c) was the subject of, or represents the proceeds of, an earlier transfer payment made in accordance with this paragraph (“the earlier transfer payment”), the period between the earlier transfer payment and the transfer payment referred to in sub-paragraph (a) is not less than one year;
e
the arrangements made in accordance with the receiving scheme (“the new arrangements”) were set up by the member for the purpose of accepting the transfer payment, or a previous or contemporaneous transfer payment which fell or falls within this first situation, and prohibit the acceptance of —
i
contributions, or
ii
further transfer payments which do not fall within this first situation;
f
under the new arrangements the member elects to defer the purchase of such an annuity as is mentioned in section 634 of the Taxes Act , and to make income withdrawals as mentioned in sub-paragraph (b), and that election takes effect simultaneously with the transfer payment; and
g
no benefit referred to in section 633(1)(b) or (d) of the Taxes Act is payable under the new arrangements.
3
The second situation is where —
a
the transfer payment is from the paying scheme to another personal pension scheme (“the receiving scheme”);
b
the member referred to in section 634 of the Taxes Act (“the original member”) has died;
c
a surviving spouse or dependant referred to in section 636 of the Taxes Act is making income withdrawals from the paying scheme with respect to which the conditions in section 636A of the Taxes Act are satisfied, and the period of deferral of the purchase of an annuity has not ended;
d
the arrangements made in accordance with the receiving scheme by the surviving spouse or dependant (“the substitute member”) were set up for the purpose of accepting the transfer payment, or a previous or contemporaneous transfer payment which fell or falls within this second situation, and prohibit the acceptance of —
i
contributions, or
ii
further transfer payments which do not fall within this second situation;
e
under the arrangements referred to in sub-paragraph (d) (“the new arrangements”) the substitute member elects to defer the purchase of an annuity and to make income withdrawals with respect to which the conditions in section 634A of the Taxes Act are satisfied;
f
the income withdrawals referred to in sub-paragraph (e) cannot be made after the original member would have attained the age of 75 or, if earlier, after the substitute member attains that age;
g
the election referred to in sub-paragraph (e) takes effect simultaneously with the transfer payment;
h
any benefit under the new arrangements corresponds to a benefit which would have been payable to the same person under the paying scheme (and “the same person” means the same individual, without having regard to the way in which that or any other individual is defined in the new arrangements); and
i
the conditions in paragraph (2)(c), (d) and (g) are satisfied (construing the references in paragraph (2)(d) to “this paragraph” and “sub-paragraph (a)” as if they were references to the present paragraph and sub-paragraph (a) of this paragraph).
Revocations and transitional provision
15
1
Regulations 8 and 9 of the Personal Pension Schemes (Transfer Payments) Regulations 1988 shall cease to have effect where the death of the individual referred to in the former regulation occurs on or after 6th April 2001, and regulation 10 of these Regulations shall have effect where the death of the individual referred to in that regulation occurs on or after 6th April 2001.
2
The Personal Pension Schemes (Transfer Payments) Regulations 1988, the Personal Pension Schemes (Transfer Payments) (Amendment) Regulations 1989 and the Personal Pension Schemes (Transfer Payments) (Amendment) Regulations 1997 shall otherwise cease to have effect.
3
Any transfer payment made under, and any certificate supplied or obtained under a provision of, the Personal Pension Schemes (Transfer Payments) Regulations 1988 shall be treated for the purposes of these Regulations as if made, supplied or obtained, as the case may be, under the corresponding provision (if any) of these Regulations.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
23rd January 2001


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) ( No. 2) Order 2001 and shall come into force on 11th June 2001.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 11th June 2001.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of South Ribble (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of South Ribble;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of South Ribble (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of South Ribble
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of South Ribble
3
1
The ordinary elections of all councillors of the borough of South Ribble shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and the councillors shall retire on the day after the ordinary day of elections of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Farington
4
1
The existing wards of the parish of Farington shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Farington East and Farington West; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Hutton
5
The parish shall be divided into two parish wards, which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Longton
6
1
The existing wards of the parish of Longton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Penwortham
7
1
The existing wards of the parish of Penwortham shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Broad Oak, Castle, Charnock, Kingsfold, Middleforth and Whitefield; and each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Revocation
8
The Borough of South Ribble (Electoral Arrangements) Order 1975 and the Borough of South Ribble (Electoral Arrangements) Order 1987 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 5) Order 2001 and shall come into force on 1st September 2001.
2
The Education (School Teachers' Pay and Conditions) (No. 3) Order 2000 , the Education (School Teachers' Pay and Conditions) (No. 4) Order 2000 , the Education (School Teachers' Pay and Conditions) Order 2001 , the Education (School Teachers' Pay and Conditions) (No. 2) Order 2001 , the Education (School Teachers' Pay and Conditions) (No. 3) Order 2001 and the Education (School Teachers' Pay and Conditions) (No. 4) Order 2001 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 2001” shall have effect from 1st September 2001.
Stephen Timms
Minister of State,
Department for Education and Skills
23rd August 2001


text:
1
1
This Order may be cited as the Continental Shelf (Designation of Areas) Order 2001.
2
This Order shall come into force on 6th December 2001.
2
The area defined in the Schedule to this Order is hereby designated as an area within which the rights of the United Kingdom outside territorial waters with respect to the sea bed and subsoil and their natural resources are exercisable.
3
Paragraph 2 of the Schedule to the Continental Shelf (Designation of Areas) (Consolidation) Order 2000 is amended as follows:
a
in the third box of the first column, substitute “Point No. 80 to Point No. 157”.
b
in the fourth box of the first column, substitute “Point No. 158 to Point No. 242”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2001 and shall come into force on 22nd August 2001.
2
This Order extends to England only.
Interpretation
2
In this Order, “the 1995 Order ” means the Town and Country Planning (General Permitted Development) Order 1995 , and any reference to Part 24 is a reference to that numbered Part of Schedule 2 to the 1995 Order.
Changes to Part 24: Development by telecommunications code system operators
3
For Part 24 substitute:
PART 24
DEVELOPMENT BY TELECOMMUNICATIONS CODE SYSTEM OPERATORS
Class A Permitted Development
A
Development by or on behalf of a telecommunications code system operator for the purpose of the operator’s telecommunication system in, on, over or under land controlled by that operator or in accordance with his licence, consisting of —
a
the installation, alteration or replacement of any telecommunication apparatus,
b
the use of land in an emergency for a period not exceeding six months to station and operate moveable telecommunication apparatus required for the replacement of unserviceable telecommunication apparatus, including the provision of moveable structures on the land for the purposes of that use, or
c
development ancillary to radio equipment housing.
Development not permitted
A.1
Development is not permitted by Class A(a) if —
a
in the case of the installation of apparatus (other than on a building or other structure) the apparatus, excluding any antenna, would exceed a height of 15 metres above ground level;
b
in the case of the alteration or replacement of apparatus already installed (other than on a building or other structure), the apparatus, excluding any antenna, would when altered or replaced exceed the height of the existing apparatus or a height of 15 metres above ground level, whichever is the greater;
c
in the case of the installation, alteration or replacement of apparatus on a building or other structure, the height of the apparatus (taken by itself) would exceed —
i
15 metres, where it is installed, or is to be installed, on a building or other structure which is 30 metres or more in height; or
ii
10 metres in any other case;
d
in the case of the installation, alteration or replacement of apparatus on a building or other structure, the highest part of the apparatus when installed, altered or replaced would exceed the height of the highest part of the building or structure by more than —
i
10 metres, in the case of a building or structure which is 30 metres or more in height;
ii
8 metres, in the case of a building or structure which is more than 15 metres but less than 30 metres in height; or
iii
6 metres in any other case;
e
in the case of the installation, alteration or replacement of apparatus (other than an antenna) on a mast, the height of the mast would, when the apparatus was installed, altered or replaced, exceed any relevant height limit specified in respect of apparatus in paragraphs A.1(a), (b), (c) and (d), and for the purposes of applying the limit specified in sub-paragraph (c), the words “(taken by itself)” shall be omitted;
f
in the case of the installation, alteration or replacement of any apparatus other than —
i
a mast,
ii
an antenna,
iii
a public call box,
iv
any apparatus which does not project above the level of the surface of the ground, or
v
radio equipment housing,
the ground or base area of the structure would exceed 1.5 square metres;
g
in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is less than 15 metres in height; on a mast located on such a building or structure; or, where the antenna is to be located below a height of 15 metres above ground level, on a building or structure (other than a mast) which is 15 metres or more in height —
i
the antenna is to be located on a wall or roof slope facing a highway which is within 20 metres of the building or structure on which the antenna is to be located;
ii
in the case of dish antennas, the size of any dish would exceed 0.9 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 1.5 metres, when measured in any dimension;
iii
in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of one small antenna) would result in the presence on the building or structure of more than two antenna systems; or
iv
the building or structure is a listed building or a scheduled monument;
h
in the case of the installation, alteration or replacement of an antenna on a building or structure (other than a mast) which is 15 metres or more in height, or on a mast located on such a building or structure, where the antenna is located at a height of 15 metres or above, measured from ground level —
i
in the case of dish antennas, the size of any dish would exceed 1.3 metres or the aggregate size of all of the dishes on the building, structure or mast would exceed 3.5 metres, when measured in any dimension;
ii
in the case of antennas other than dish antennas, the development (other than the installation, alteration or replacement of a maximum of two small antennas) would result in the presence on the building or structure of more than three antenna systems; or
iii
the building or structure is a listed building or a scheduled monument;
i
in the case of development (other than the installation, alteration or replacement of one small antenna on a dwellinghouse or within the curtilage of a dwellinghouse) on any article 1(5) land or any land which is, or is within, a site of special scientific interest, it would consist of —
i
the installation or alteration of an antenna or of any apparatus which includes or is intended for the support of such an antenna; or
ii
the replacement of such an antenna or such apparatus by an antenna or apparatus which differs from that which is being replaced,
unless the development is carried out in an emergency;
j
it would consist of the installation, alteration or replacement of system apparatus within the meaning of section 8(6) of the Road Traffic (Driver Licensing and Information Systems) Act 1989 (definitions of driver information systems etc. );
k
in the case of the installation of a mast, on a building or structure which is less than 15 metres in height, such a mast would be within 20 metres of a highway;
l
in the case of the installation, alteration or replacement of radio equipment housing —
i
the development is not ancillary to the use of any other telecommunication apparatus;
ii
the development would exceed 90 cubic metres or, if located on the roof of a building, the development would exceed 30 cubic metres; or
iii
on any article 1(5) land, or on any land which is, or is within, a site of special scientific interest, the development would exceed 2.5 cubic metres, unless the development is carried out in an emergency;
m
in the case of the installation, alteration or replacement on a dwellinghouse or within the curtilage of a dwellinghouse of any telecommunication apparatus, that apparatus —
i
is not a small antenna;
ii
being a small antenna, would result in the presence on that dwellinghouse or within the curtilage of that dwellinghouse of more than one such antenna; or
iii
being a small antenna, is to be located on a roof or on a chimney so that the highest part of the antenna would exceed in height the highest part of that roof or chimney respectively;
n
in the case of the installation, alteration or replacement on article 1(5) land of a small antenna on a dwellinghouse or within the curtilage of a dwellinghouse, the antenna is to be located —
i
on a chimney;
ii
on a building which exceeds 15 metres in height;
iii
on a wall or roof slope which fronts a highway; or
iv
in the Broads, on a wall or roof slope which fronts a waterway;
o
in the case of the installation, alteration or replacement of a small antenna on a building which is not a dwellinghouse or within the curtilage of a dwellinghouse —
i
the building is on article 1(5) land;
ii
the building is less than 15 metres in height, and the development would result in the presence on that building of more than one such antenna; or
iii
the building is 15 metres or more in height, and the development would result in the presence on that building of more than two such antennas.
Conditions
A.2
1
Class A(a) and Class A(c) development is permitted subject to the condition that any antenna or supporting apparatus, radio equipment housing or development ancillary to radio equipment housing constructed, installed, altered or replaced on a building in accordance with that permission shall, so far as is practicable, be sited so as to minimise its effect on the external appearance of the building.
2
Class A(a) and Class A(c) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall be removed from the land, building or structure on which it is situated —
a
if such development was carried out in an emergency on any article 1(5) land or on any land which is, or is within, a site of special scientific interest, at the expiry of the relevant period, or
b
in any other case, as soon as reasonably practicable after it is no longer required for telecommunication purposes,
and such land, building or structure shall be restored to its condition before the development took place, or to any other condition as may be agreed in writing between the local planning authority and the developer.
3
Class A(b) development is permitted subject to the condition that any apparatus or structure provided in accordance with that permission shall at the expiry of the relevant period be removed from the land and the land restored to its condition before the development took place.
4
Class A development —
a
on article 1(5) land or land which is, or is within, a site of special scientific interest, or
b
on any other land and consisting of the construction, installation, alteration or replacement of a mast; or of an antenna on a building or structure (other than a mast) where the antenna (including any supporting structure) would exceed the height of the building or structure at the point where it is installed or to be installed by 4 metres or more; or of a public call box; or of radio equipment housing with a volume in excess of 2.5 cubic metres; or of development ancillary to radio equipment housing —
is permitted subject, except in case of emergency, to the conditions set out in A.3.
A.3
1
The developer shall give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates, or a tenant, before making the application required by paragraph (3) —
a
by serving a developer’s notice on every such person whose name and address is known to him; and
b
where he has taken reasonable steps to ascertain the names and addresses of every such person, but has been unable to do so, by local advertisement.
2
Where the proposed development consists of the installation of a mast within 3 kilometres of the perimeter of an aerodrome, the developer shall notify the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as appropriate, before making the application required by paragraph (3).
3
Before beginning the development, the developer shall apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development.
4
The application shall be accompanied —
a
by a written description of the proposed development and a plan indicating its proposed location together with any fee required to be paid;
b
where paragraph (1) applies, by evidence that the requirements of paragraph (1) have been satisfied; and
c
where paragraph (2) applies, by evidence that the Civil Aviation Authority, the Secretary of State for Defence or the aerodrome operator, as the case may be, has been notified of the proposal.
5
Subject to paragraphs (7)(c) and (d), upon receipt of the application under paragraph (4) the local planning authority shall —
a
for development which, in their opinion, falls within a category set out in the table of article 10 of the Procedure Order , consult the authority or person mentioned in relation to that category, except where —
i
the local planning authority are the authority so mentioned; or
ii
the authority or person so mentioned has advised the local planning authority that they do not wish to be consulted,
and shall give the consultees at least 14 days within which to comment;
b
in the case of development which does not accord with the provisions of the development plan in force in the area in which the land to which the application relates is situated or which would affect a right of way to which Part III of the Wildlife and Countryside Act 1981 (public rights of way) applies, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order —
i
aa
by site display in at least one place on or near the land to which the application relates for not less than 21 days, and
ii
bb
by local advertisement;
c
in the case of development which does not fall within paragraph (b) but which involves development carried out on a site having an area of 1 hectare or more, shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order —
i
aa
by site display in at least one place on or near the land to which the application relates for not less than 21 days, or
bb
by serving notice on any adjoining owner or occupier, and
ii
by local advertisement;
d
in the case of development which does not fall within (b) or (c), shall give notice of the proposed development, in the appropriate form set out in Schedule 3 to the Procedure Order —
i
by site display in at least one place on or near the land to which the application relates for not less than 21 days, or
ii
by serving the notice on any adjoining owner or occupier.
6
The local planning authority shall take into account any representations made to them as a result of consultations or notices given under A.3, when determining the application made under paragraph (3).
7
The development shall not be begun before the occurrence of one of the following —
a
the receipt by the applicant from the local planning authority of a written notice of their determination that such prior approval is not required;
b
where the local planning authority gives the applicant written notice that such prior approval is required, the giving of that approval to the applicant, in writing, within a period of 56 days beginning with the date on which they received his application;
c
where the local planning authority gives the applicant written notice that such prior approval is required, the expiry of a period of 56 days beginning with the date on which the local planning authority received his application without the local planning authority notifying the applicant, in writing, that such approval is given or refused; or
d
the expiry of a period of 56 days beginning with the date on which the local planning authority received the application without the local planning authority notifying the applicant, in writing, of their determinaton as to whether such prior approval is required.
8
The development shall, except to the extent that the local planning authority otherwise agree in writing, be carried out —
a
where prior approval has been given as mentioned in paragraph (7)(b) in accordance with the details approved;
b
in any other case, in accordance with the details submitted with the application.
9
The development shall be begun —
a
where prior approval has been given as mentioned in paragraph (7)(b), not later than the expiration of five years beginning with the date on which the approval was given;
b
in any other case, not later than the expiration of five years beginning with the date on which the local planning authority were given the information referred to in paragraph (4).
10
In a case of emergency, development is permitted by Class A subject to the condition that the operator shall give written notice to the local planning authority of such development as soon as possible after the emergency begins.
Interpretation Of Class A
A.4
For the purposes of Class A —
“aerodrome operator” means the person for the time being having the management of an aerodrome or, in relation to a particular aerodrome, the management of that aerodrome;
“antenna system” means a set of antennas installed on a building or structure and operated by a single telecommunications code system operator in accordance with his licence;
“development ancillary to radio equipment housing” means the construction, installation, alteration or replacement of structures, equipment or means of access which are ancillary to and reasonably required for the purposes of the radio equipment housing;
“development in accordance with a licence” means development carried out by an operator in pursuance of a right conferred on that operator under the telecommunications code, and in accordance with any conditions, relating to the application of that code by the terms of his licence;
“developer’s notice” means a notice signed and dated by or on behalf of the developer and containing —
the name of the developer;
the address or location of the proposed development;
a description of the proposed development (including its siting and appearance and the height of any mast);
a statement that the developer will apply to the local planning authority for a determination as to whether the prior approval of the authority will be required to the siting and appearance of the development;
the name and address of the local planning authority to whom the application will be made;
a statement that the application shall be available for public inspection at the offices of the local planning authority during usual office hours;
a statement that any person who wishes to make representations about the siting and appearance of the proposed development may do so in writing to the local planning authority;
the date by which any such representations should be received by the local planning authority, being a date not less than 14 days from the date of the notice; and
the address to which such representations should be made.
“land controlled by the operator” means land occupied by the operator in right of a freehold interest or a leasehold interest under a lease granted for a term of not less than 10 years;
“local advertisement” means by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated;
“mast” means a radio mast or a radio tower;
“owner” means any person who is the estate owner in respect of the fee simple, or who is entitled to a tenancy granted or extended for a term of years certain of which not less than seven years remain unexpired;
“Procedure Order” means the Town and Country Planning (General Development Procedure) Order 1995 ;
“relevant period” means a period which expires —
six months from the commencement of the construction, installation, alteration or replacement of any apparatus or structure permitted by Class A(a) or Class A(c) or from the commencement of the use permitted by Class A(b), as the case may be, or
when the need for such apparatus, structure or use ceases,
whichever occurs first;
“site display” means by the posting of the notice by firm affixture to some object, sited and displayed in such a way as to be easily visible and legible by members of the public;
“small antenna” means an antenna which —
is for use in connection with a telephone system operating on a point to fixed multi-point basis;
does not exceed 50 centimetres in any linear measurement; and
does not, in two-dimensional profile, have an area exceeding 1,591 square centimetres,
and any calculation for the purposes of (ii) and (iii) shall exclude any feed element, reinforcing rim mountings and brackets;
“telecommunication apparatus” means apparatus falling within the definition of that term in paragraph 1 of Schedule 2 to the Telecommunications Act 1984 (“the 1984 Act ”) (the telecommunications code), and includes radio equipment housing;
“the telecommunications code” means the code contained in Schedule 2 to the 1984 Act;
“telecommunications code system operator” means a person who has been granted a licence under section 7 of the 1984 Act (power to license systems) which applies the telecommunications code to him in pursuance of section 10 of that Act (the telecommunications code);
“telecommunications system” has the meaning assigned to that term by section 4(1) of the 1984 Act (meaning of “telecommunication system” and related expresssions);
“tenant” means the tenant of an agricultural holding any part of which is comprised in the land to which the application relates.
.
Revocation and transitional provisions
4
1
Subject to paragraph (2), article 3 of the Town and Country Planning (General Permitted Development) (Amendment) Order 1998 and article 3 of the Town and Country Planning (General Permitted Development) (Amendment) Order 1999 are hereby revoked so far as they extend to England.
2
The amendments made to the 1995 Order by this Order shall not apply in relation to applications for a determination as to whether the prior approval of the local planning authority will be required to the siting and appearance of the development made before the coming into force of this Order.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
25th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Tunbridge Wells (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after the day on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5 and 6 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Goudhurst, Paddock Wood and Southborough, to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Tunbridge Wells;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Tunbridge Wells (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 , and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Tunbridge Wells
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Tunbridge Wells
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Goudhurst
4
1
The existing wards of the parish of Goudhurst shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Curtisden Green, Goudhurst and Kilndown; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Goudhurst parish ward shall be eight, for the Kilndown parish ward shall be three, and for the Curtisden Green parish ward shall be one.
Wards of the parish of Paddock Wood
5
The parish shall be divided into two parish wards which shall bear the names Paddock Wood East and Paddock Wood West; each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for the Paddock Wood East parish ward shall be seven; and for the Paddock Wood West parish ward shall be six.
Wards of the parish of Southborough
6
1
The existing wards of the parish of Southborough shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Southborough and High Brooms, Southborough North and Southborough West; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Southborough and High Brooms parish ward shall be five, for the Southborough North parish ward shall be seven and for the Southborough West parish ward shall be six.
Parish Elections
7
1
Elections of all parish councillors for the parish of Benenden shall be held simultaneously on the ordinary day of election of councillors in 2002, and every fourth year after 2002.
2
Elections of all parish councillors for the parishes of Brenchley, Capel, Hawkhurst, Horsmonden, Lamberhurst and Sandhurst shall be held simultaneously on the ordinary day of election of councillors in 2004, and every fourth year after 2004.
3
The term of office of parish councillors elected in accordance with paragraphs (1) and (2) shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
8
The Borough of Tunbridge Wells (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services Act 1986 (Extension of Scope of Act and Meaning of Collective Investment Scheme) Order 2001 and comes into force on 1st May 2001.
Collective investment schemes
2
1
The Financial Services Act 1986 is amended as follows.
2
For subsection (7) of section 75 (collective investment schemes), substitute —
7
Subject to subsection (7A) below, no body corporate other than an open-ended investment company shall be regarded as being a collective investment scheme.
7A
Subsection (7) above does not apply to any body incorporated as a limited liability partnership.
.
3
In subsection (8) of section 75, in the definition of “the operator” —
a
after “open-ended investment company” add “or a limited liability partnership”; and
b
for “that company” substitute “that body”.
4
In Schedule 1 (investments and investment business), after paragraph 37 insert —
38
For the purpose of this Schedule, arrangements are not prevented from being a collective investment scheme merely because they constitute a limited liability partnership.
.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
10th April 2001