text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No.6) Regulations 2001 and shall come into force on 14th December 2001.
2
In these Regulations —
a
“the principal Regulations ” means the National Health Service (General Dental Services) Regulations 1992 ;
b
except where the context otherwise requires, a reference to a numbered regulation or Schedule is to the regulation or Schedule bearing that number in the principal Regulations.
3
These Regulations extend to England only.
4
The principal Regulations are amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
2
1
In paragraph (1) of regulation 2 (interpretation) —
a
insert the following definitions in the appropriate alphabetical positions —
“the Abolition of the Tribunal Regulations 2001” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2001 ;
,
“employment” means any employment whether paid or unpaid and whether under a contract for services or a contract of service, and “employed” and “employer” shall be construed accordingly;
,
“equivalent body” means a Health Authority in Wales, a Health Board or an NHS trust in Scotland or a Health and Social Services Board in Northern Ireland;
,
“equivalent lists” means lists kept by an equivalent body;
,
“ FHSAA ” means the Family Health Services Appeal Authority constituted under section 49S of the Act ;
,
“fraud case” means a case where a person satisfies the second condition for removal from the dental list set out in section 49F(3) of the Act or by virtue of section 49H of the Act is treated as doing so;
,
“licensing or regulatory body” means the body that licenses or regulates any profession of which the dentist is or has been a member;
,
“lists” means lists referred to in section 49N(1)(a) to (c);
,
“a national disqualification” means —
a decision made by the FHSAA in relation to a dentist under section 49N of the Act,
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act,
a decision by the Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations 2001, or
a decision by the Tribunal, which applies to the whole of Wales and which is made after 13th December 2001;
,
“the National Health Service Counter Fraud Service” means the service provided by the Secretary of State to deal with inquiries and investigations in relation to any allegations of fraud or corruption in the health service ;
,
“originating events” means the events that gave rise to the conviction, investigation, proceedings, suspension, refusal to admit, conditional inclusion, removal or contingent removal that took place;
,
“professional registration number” means the number against a dentist’s name in the register maintained by the General Dental Council;
,
“suspended” means —
suspended by a Health Authority under section 49I or 49J of the Act or under regulations made under sections 28DA or 43D of the Act, or section 8ZA of the 1997 Act,
in relation to Wales, suspended by the Tribunal,
in relation to Scotland or Northern Ireland, suspended under provisions in force corresponding to those in section 49I or 49J of the Act,
and shall be treated as including a case where a person is treated as suspended by a Health Authority in England by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations 2001,
and “suspend” and “suspension” shall be construed accordingly;
,
b
for the definition of “the Tribunal” substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which had effect in relation to England only until 14th December 2001;”;
c
in the definition of “estimate”, for “an FHSA ” substitute “a Health Authority”; and
d
omit the definition “suspended by direction of the Tribunal”.
2
In paragraph (2)(d) of regulation 2 —
a
for “FHSA” whenever it appears, substitute “Health Authority”, and
b
for “an” where it appears immediately before “FHSA” substitute “a”.
Amendment of regulation 4
3
In regulation 4(1) (dental list), after “in its locality” insert “who are not subject to a national disqualification”.
Amendment of regulation 5
4
Regulation 5 (application for inclusion in the dental list) shall be amended as follows —
a
in paragraph (1) after “subject to paragraph (3)” insert “and regulations 5ZA to 5ZD”;
b
for paragraph (2) substitute —
2
Subject to paragraphs (3ZA), (3A) and (4) and to regulation 5ZB, a Health Authority shall determine an application made by a dentist under paragraph (1) within 21 days of their receiving all the information referred to in Part I of Schedule 2, including references from any referees, and where the Health Authority considers that the proposed practice premises should be inspected, they shall carry out that inspection within that 21 day period.
;
c
after paragraph (3A), insert —
3ZA
The Health Authority must, before determining an application, check so far as practicable —
a
the references and information provided by the dentist in accordance with paragraphs 5B, 11A and 14 of Schedule 2, and
b
with the National Health Service Counter Fraud Service whether the dentist has any record of a fraud case.
;
d
in paragraph (4), for “the date of receipt of the application” substitute “the date of the Health Authority receiving all the information mentioned in paragraph (2)”;
e
after paragraph (4) add —
5
Where a Health Authority proposes to include a dentist on a list subject to conditions imposed under regulation 5ZD, the name of the dentist may be included on the list during the period for bringing an appeal to the FHSAA pursuant to that regulation, or if an appeal is brought, until such time as that appeal is decided, provided the dentist agrees to be bound by the condition imposed until the time for appeal has expired or his appeal is decided.
.
Insertion of new regulations 5ZA to 5ZD into the principal Regulations
5
After regulation 5 insert the following regulations —
Grounds for refusal
5ZA
1
The grounds on which a Health Authority may refuse to include a dentist in the dental list under regulation 5 are —
a
that they have considered the declaration required by paragraph 5B of Schedule 2 and any other information in their possession in relation to his application and consider he is unsuitable to be included in the list;
b
that having checked the information provided by the dentist under paragraph 5B of Schedule 2 they consider the dentist is unsuitable to be included in the list;
c
that having contacted referees, they are not satisfied with the references given in accordance with paragraph 11A of Schedule 2;
d
that having checked with the National Health Service Counter Fraud Service for any facts that it considers relevant relating to past or current investigations involving the dentist, and having considered these and any fraud case relating to the dentist, they consider these justify such refusal;
e
they consider that there are grounds to consider that admitting the dentist to the list would be prejudicial to the efficiency of the service which he would undertake.
2
The grounds on which a Health Authority must refuse to include a dentist under regulation 5 are —
a
where he has been convicted in the United Kingdom of murder;
b
where, after 13th December 2001, he has been convicted in the United Kingdom of a criminal offence and sentenced to a term of imprisonment of over six months;
c
where he is subject to a national disqualification;
d
where he has not updated his application in accordance with regulation 5Z(b)(4);
e
where he does not notify the Health Authority under regulation 5ZD(11) that he wishes to be included in the list subject to the specified conditions.
3
Where the Health Authority are considering refusing to include a dentist in a list under paragraph (1), they shall consider all facts which appear to them to be relevant and shall in particular take into consideration in relation to paragraph (1)(a), (b) or (d) above —
a
the nature of any offence, investigation or incident;
b
the length of time since the offence was committed or the incident occurred and since any conviction or investigation;
c
whether there are other offences, incidents or investigations to be considered;
d
any action or penalty imposed by any professional, licensing, regulatory or other body, the police or the courts as a result of any such offence, incident or investigation;
e
the relevance of any offence, investigation or incident to the provision by him of general dental services and any likely risk to his patients or to public finances;
f
whether any offence was a sexual offence to which Part I of the Sexual Offences Act 1997 applies;
g
whether he has been refused admission to or conditionally included in, removed, contingently removed, or is currently suspended from any of a Health Authority’s lists or from equivalent lists, and if so, what the facts were in those cases and the reasons given by the Health Authority or equivalent body involved.
4
When the Health Authority take into consideration the matters set out in paragraph (3), they shall consider the overall effect of all the matters being considered.
5
When the Health Authority refuse to include a dentist in the dental list they shall notify the dentist of their decision and the reasons for it (and any facts relied on) and of any right of appeal under regulation 5ZC against their decision.
Deferment of decision
5ZB
1
A Health Authority may defer a decision whether to include a dentist in a dental list —
a
where there are legal proceedings that are criminal proceedings in the United Kingdom or, if brought elsewhere in the world, would be criminal proceedings if brought in the United Kingdom, and that if successful would be likely to lead to the removal of the dentist from the Health Authority list if he had been included;
b
where there is an investigation anywhere in the world by the dentist’s regulatory or licensing body or any other investigation (including one by another Health Authority or equivalent body) relating to him in his professional capacity, that if successful would be likely to lead to the removal of the dentist from the Health Authority list if he were to be included;
c
where the dentist is suspended from any of the lists or equivalent lists;
d
where the FHSAA is considering an appeal by the dentist against a decision of a Health Authority to refuse to include him in their list, or to conditionally include in or to contingently remove from, or to remove from any list kept by a Health Authority and if that appeal is unsuccessful the Health Authority would be likely to remove the dentist from the Health Authority list if he were to be included;
e
where the dentist is being investigated by the National Health Service Counter Fraud Service in relation to any fraud case, where the result if adverse would be likely to lead to the removal of the dentist from the Health Authority list if he were to be included;
f
where the FHSAA is considering an application from a Health Authority for a national disqualification of the dentist.
2
A Health Authority may only defer consideration under paragraph (1) above until the outcome of the relevant events mentioned in that paragraph is known.
3
A Health Authority must notify the dentist of a decision to defer a decision on his application, and the reasons for this.
4
Once the outcome of the relevant event mentioned in paragraph (1) is known, the Health Authority must notify the dentist that he must update his application within 28 days (or such longer period as the Health Authority may agree), with any relevant information before it can be considered.
5
Provided any additional information has been received within 28 days or the time agreed, as the case may be, the Health Authority shall notify the dentist as soon as possible —
a
that his application to be included has been successful; or
b
that the Health Authority decided to refuse the application or to impose conditions on his inclusion, the reasons for it, and that he has a right of appeal under regulation 5ZC or 5ZD(8).
Appeal to the FHSAA
5ZC
1
A dentist may appeal to the FHSAA against a decision of a Health Authority to refuse to include his name in a list pursuant to regulation 5(1).
2
Such an appeal shall be by way of redetermination.
Conditional inclusion
5ZD
1
A Health Authority may determine that if a dentist is to be included in the list, he is to be subject, while he remains included in the list, to conditions imposed on his inclusion, having regard to the requirements in section 43ZA(2) of the Act.
2
A Health Authority may vary the terms of service in Schedule 1 in relation to the dentist for the purpose of, or in connection with, the imposition of those conditions.
3
The Health Authority may, of their own volition or at the request of the dentist concerned, review any decision made under this regulation.
4
A dentist may not request a review of a Health Authority decision until the expiry of a period of three months beginning with the date the Health Authority includes the dentist’s name on the list.
5
After a review has taken place, the dentist cannot request a further review before the expiry of a period of six months from the date of the Health Authority’s decision on the previous review.
6
On any review, the Health Authority may vary the conditions, impose different conditions, or remove the dentist from the list.
7
Failure to comply with a condition may lead to the removal of the dentist from the list.
8
There shall be an appeal to the FHSAA from any decision of the Health Authority —
a
to impose conditions, or any particular condition on a dentist;
b
to vary a condition;
c
to vary his terms of service;
d
on any review of an earlier such decision of theirs;
e
to remove him from the dental list for breach of condition,
and the appeal shall be by way of redetermination of the Health Authority decision.
9
On appeal the FHSAA may make any decision which the Health Authority could have made.
10
Where the decision of the FHSAA on appeal is that one or more conditions be imposed on the dentist, whether this condition is different from any condition or conditions imposed by the Health Authority or not, the Health Authority shall ask the dentist to notify them within 28 days of the decision (or such longer period as the Health Authority may agree), whether he wishes to be included in the dental list subject to this condition or conditions.
11
If the dentist notifies the Health Authority that he does wish to be included in the dental list subject to the condition or conditions, the Health Authority shall so include him.
12
Subject to regulation 5(5) any decision of the Health Authority that may be the subject of appeal under paragraph (8) shall not have effect until the FHSAA has determined any appeal against it or any time for appeal has expired.
13
A Health Authority shall disclose to those persons specified in paragraph (15) information of the kind mentioned in paragraph (14) about dentists whose inclusion in the list is subject to conditions imposed under this regulation and about the removal of such dentists from the list for breach of such a condition.
14
The information referred to in paragraph (13) is —
a
identifying details of the dentist;
b
his professional registration number;
c
the date and a copy of the decision taken by the Health Authority; and
d
the contact name of a person in the Health Authority for further enquiries.
15
The persons or bodies to whom information shall be disclosed by the Health Authority under paragraph (13) are —
a
the Secretary of State;
b
any Health Authority in England that have the dentist on any list of theirs, or are considering an application for one of their lists;
c
the Scottish Executive;
d
the National Assembly for Wales;
e
the Northern Ireland Executive;
f
the Dental Practice Board;
g
the General Dental Council or any other appropriate regulatory body;
h
any organisation that to the knowledge of the Health Authority, employs or uses the services of the dentist in a professional capacity;
i
where it is a fraud case, the National Health Service Counter Fraud Service.
16
The Health Authority shall notify any body of the information specified in paragraph (14) if they can establish that they are considering employing the dentist and they receive a written request (including an electronic request) to do so.
17
The Health Authority shall send to the dentist concerned a copy of any information about him provided to the persons or bodies listed in paragraph (15), and any correspondence with those persons.
18
Where a Health Authority have notified any person or body mentioned in paragraph (15) or (16) of the matters set out in paragraph (14), they may in addition notify that person or body of any evidence that was considered, including representations of the dentist, if so requested by the person or body.
19
Where a Health Authority are notified by the FHSAA that it has imposed a national disqualification on a dentist whom the Health Authority had removed from their dental list, they shall notify the persons or bodies listed in paragraphs (15)(b), (g), (h) and (i) and (16).
20
Where a decision is changed on review or appeal or a suspension lapses, the Health Authority shall notify any person or body previously notified of the original decision under this regulation of the new facts.
.
Amendment of regulation 8
6
In regulation 8 (removal from dental list) —
a
omit paragraph (5)(iv);
b
at the end of paragraph (5)(v) add
or,
vi
any period during which the dentist provided no general dental services by reason only that he was suspended from the dental list. 9
.
Insertion of new regulations 8A to 8H
7
After regulation 8 (removal from dentist list) insert the following regulations —
Supplementary matters relating to removal
8A
In addition to the services covered by the definition of “health scheme” in section 49F(8) of the Act, the following shall also be health schemes —
a
health services, including dental treatment, provided by Her Majesty’s Forces;
b
services provided by Port Health Authorities constituted under the Public Health (Control of Disease) Act 1984 ;
c
health services provided to a prisoner in the care of the medical officer or such other officer of a prison appointed for the purposes of section 7 of the Prison Act 1952 ;
d
publicly-funded health services provided by or on behalf of any organisation anywhere in the world.
Criteria for decisions on removal
8B
1
Where a Health Authority are considering whether to remove a dentist from a list using the power in section 49F(4) of the Act they shall in particular take into account information from the dentist supplied under paragraph 31H of Schedule 1 and the criteria set out in paragraph (2).
2
The criteria referred to in paragraph (1) are —
a
the nature of any criminal offence, investigation or incident;
b
the length of time since any such offence was committed or incident occurred and since any criminal conviction or investigation;
c
whether there are other criminal offences to be considered;
d
the penalty imposed following any criminal conviction or the outcome of any investigation;
e
the relevance of any criminal offence or investigation into his professional conduct on the provision by the dentist of general dental services and the likely risk to patients;
f
whether any criminal offence was a sexual offence to which Part I of the Sexual Offences Act 1997 applies; and
g
whether the dentist has been refused admittance to, conditionally included, contingently removed, removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, what the facts were in those cases and what reasons were given by the Health Authority or equivalent body in the case.
3
Where a Health Authority are considering removal of a dentist from a list under section 49F(3) of the Act, they shall in particular take into account information from the dentist supplied under paragraph 31H(1) and (2) of Schedule 1 and the criteria set out in paragraph (4) below.
4
The criteria referred to in paragraph (3) are —
a
the nature of any incidents of a fraud case;
b
the length of time since any incident occurred, and since the investigation was concluded;
c
whether there are other incidents of fraud cases or other criminal offences to be considered;
d
any action taken by any licensing or regulatory body, the police or the courts as a result of the incident;
e
the relevance of the investigation to the provision by him of general dental services and the likely risk to patients or to public finances; and
f
whether he has been refused admittance to, conditionally included, removed, contingently removed or currently suspended from other Health Authority lists or equivalent lists and if so, what the facts were in those cases and what were the reasons given by the Health Authority or equivalent body in the case.
5
Where a Health Authority are considering removal of a dentist under section 49F(2) of the Act they shall, in particular, take into account information from the dentist supplied under paragraph 3H(1) and (2) of Schedule 1 and the criteria set out in paragraph (6) below.
6
The criteria referred to in paragraph (5) are —
a
the efficiency of the General Dental Services;
b
the length of time since any incident occurred, and since the investigation was concluded;
c
any action taken by any licensing, regulatory or other body, the police or the courts as a result of any such incident;
d
the nature of the incident and whether there is a likely risk to patients;
e
whether the dentist has previously failed to make a declaration or to comply with an undertaking required by these Regulations;
f
whether the dentist has been refused admittance to, conditionally included, removed, contingently removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, what the facts were in those cases and what reasons were given by the Health Authority or equivalent body in the case.
7
In making any decision under section 49F of the Act, the Health Authority shall take into account the effect of all relevant incidents and offences relating to the dentist of which they are aware, whichever condition they rely on.
8
When making a decision on any condition in section 49F of the Act, the Health Authority shall state in their decision on which condition (or conditions) in section 49F they rely.
Cases where the Health Authority must remove a dentist
8C
1
The Health Authority must remove a dentist from their dental list where they become aware that he —
a
has been convicted in the United Kingdom of murder;
b
after 13th December 2001 has been convicted in the United Kingdom of a criminal offence and has been sentenced to a term of over six months.
2
The Health Authority shall notify the dentist immediately that he has been removed from the list.
Notifications by Health Authorities
8D
1
Where a Health Authority —
a
refuse to include a dentist under regulation 5ZA;
b
remove a dentist under section 49F of the Act;
c
contingently remove a dentist under section 49G of the Act; or
d
suspend a dentist under section 49I or 49J of the Act,
they shall notify the persons or bodies listed in paragraph (2), and shall notify those listed in paragraph (3) if so requested, of the matters set out in paragraph (4).
2
Where paragraph (1) applies, a Health Authority shall notify —
a
the Secretary of State;
b
any Health Authority in England that has the dentist on any of their lists, or is considering an application for inclusion in any of their lists by such a dentist;
c
the Scottish Executive;
d
the National Assembly for Wales;
e
the Northern Ireland Executive;
f
the General Dental Council or any other appropriate regulatory body;
g
the Dental Practice Board;
h
any other organisation that, to the knowledge of the Health Authority, employs or uses the services of the dentist in a professional capacity;
i
where it is a fraud case, the National Health Service Counter Fraud Service.
3
Where paragraph (1) applies, the Health Authority shall notify any body that can establish that it is considering employing the dentist in a professional capacity, if they receive a written request (including an electronic request) to do so.
4
The matters referred to in paragraph (1) are —
a
identifying details of the dentist;
b
his professional registration number;
c
the date, and a copy of, the decision of the Health Authority;
d
a contact name of a person in the Health Authority for further enquiries.
5
The Health Authority shall send to the dentist concerned a copy of any information about him provided to the persons or bodies specified in paragraph (2) or (3) and of any correspondence with those persons or bodies.
6
Where a Health Authority have notified any of the persons or bodies mentioned in paragraph (2) or (3) of the matters set out in paragraph (4), they may in addition, if so requested by that person or body, notify that person or body of any evidence that was considered, including representations made by the dentist.
7
Where a Health Authority are notified by the FHSAA that it has imposed a national disqualification on a dentist whom the Health Authority have removed from their list, they shall notify the persons or bodies mentioned in paragraph (2)(b), (g), (h) and (i) and paragraph (3).
8
Where a decision is changed on review or appeal, or a suspension lapses, the Health Authority shall notify any person or body that was notified of the original decision of the new facts.
Procedure on removal
8E
1
Where a Health Authority are considering, in relation to the dental list —
a
removing a dentist under section 49F of the Act (other than in cases specified in regulation 8C),
b
contingently removing a dentist under section 49G of the Act, or
c
removing a dentist for breach of a condition imposed by regulation 5ZD,
they shall follow the procedure set out in paragraphs (3) to (8) below.
2
Where a Health Authority are notified by the FHSAA that it has considered —
a
an appeal by a dentist against a contingent removal by the Health Authority and has decided to remove him instead; or
b
an appeal by a dentist against a conditional inclusion, where the dentist has been conditionally included in the list until the appeal has been decided, and has decided not to include him,
the Health Authority shall remove the dentist and shall notify him immediately that they have done so.
3
Before reaching a decision of the type mentioned in paragraph (1), the Health Authority shall —
a
give the dentist notice in writing of any allegation against him;
b
give the dentist notice of what action the Health Authority are considering and on what grounds;
c
give him the opportunity to make written representations to the Health Authority within 28 calendar days of the date of the notification under sub-paragraph (b);
d
give him the opportunity to put his case at an oral hearing before the Health Authority, if he so requests within the 28 day period mentioned in sub-paragraph (c).
4
If the dentist makes no representations within the period specified in paragraph (3), the Health Authority shall inform him of their decision, the reasons for it (including any facts relied on), and of any right of appeal.
5
If the dentist makes representations, the Health Authority must take them into account before reaching their decision and notifying the dentist of their decision, the reasons for it (including any facts relied on), and of any right of appeal.
6
If the dentist requests an oral hearing, this must take place before the Health Authority reach their decision and the Health Authority must then notify the dentist of their decision, the reasons for it (including any facts relied on), and of any right of appeal.
7
When the Health Authority notifies the dentist of any decision, they shall inform him that if he wishes to exercise his right of appeal, he has 28 days from the date of the decision to do so, and tell him how to do so.
8
The Health Authority shall also notify the dentist of his right to have the decision reviewed in accordance with section 49L of the Act.
Procedure on suspension
8F
1
Before reaching a decision to suspend a dentist under section 49I or 49J, the Health Authority shall —
a
give him notice in writing of any allegation against him,
b
give him notice of the action they are considering taking and on what grounds, and
c
give him the opportunity to put his case at an oral hearing before the Health Authority on a specified day, provided that at least 24 hours' notice of the hearing is given.
2
If the dentist does not wish to have an oral hearing or does not attend the oral hearing, the Health Authority shall inform him of their decision and the reasons for it (including any facts relied on).
3
If an oral hearing takes place, the Health Authority shall take into account any representations made by the dentist before they reach their decision.
4
The Health Authority shall notify the dentist of their decision and the reasons for it (including any facts relied on), and may suspend the dentist with immediate effect following the hearing.
Procedure on review of Health Authority decision
8G
1
If a Health Authority decide to review their decision to conditionally include, contingently remove, or suspend a dentist under section 49I or 49J of the Act, they shall —
a
notify him in writing that they intend to review their decision;
b
notify him of what action they have in mind and the reasons for it;
c
give him the opportunity to make written representations to them within 28 days of the date of the notification given under sub-paragraph (b);
d
give him the opportunity to put his case at an oral hearing before the Health Authority if he requests one within the 28 day period mentioned above; and
e
after any hearing or on completion of the review, notify him of their decision and the reasons for it (including any facts relied on).
2
If the dentist makes representations, the Health Authority must take them into account before reaching their decision and notifying the dentist of their decision and the reasons for it (including any facts relied on).
3
If the dentist requests an oral hearing, this must take place before the Health Authority reach their decision and the Health Authority must then notify the dentist of their decision and the reasons for it (including any facts relied on).
4
When the Health Authority notifies the dentist of any decision, they shall inform him of any right of appeal, that he has 28 days from the date of the decision to exercise that right if he wishes to do so, and tell him how to do so.
5
The Health Authority shall also notify the dentist of his right to have the decision further reviewed in accordance with section 49L of the Act.
National Disqualification
8H
1
The period for review shall be the different period specified below instead of that in section 49N(8) of the Act where the circumstances are that —
a
on making a decision to impose a national disqualification, the FHSAA states that it is of the opinion that the criminal or professional conduct of the dentist is such that there is no realistic prospect of a further review being successful if held within the period specified in section 49N(8)(a), in which case the reference to “two years” in that provision shall be a reference to five years;
b
on the last review by the FHSAA of a national disqualification the dentist was unsuccessful and the FHSAA states that it is of the opinion that there is no realistic prospect of a further review being successful if held within a period of three years beginning with the date of its decision on that review, in which case the reference to “one year” in section 49N(8)(b) shall be a reference to three years;
c
the FHSAA states that it is of the opinion that because a criminal conviction considered by the FHSAA in reaching its decision has been quashed or the penalty reduced on appeal, there is a need for an immediate review, in which case the reference to “two years” or “one year” in section 49N(8) shall be a reference to the period that has already lapsed;
d
where the FHSAA is of the opinion that because the decision of a licensing or regulatory body has been quashed or the penalty reduced on appeal, there is a need for an immediate review, in which case the reference to “two years” and “one year” in section 49N(8) of the Act shall be a reference to the period that has already elapsed.
.
Amendment of regulation 10
8
In regulation 10 (withdrawal from dental list) —
a
omit paragraph (2);
b
immediately before paragraph (3) insert —
2A
Where a Health Authority are investigating a dentist —
a
for the purpose of deciding whether or not to exercise their powers under section 49F, 49G or 49I of the Act,
b
in order to see whether the dentist has failed to comply with a condition imposed on his inclusion under regulation 5ZD so as to justify his removal from the list; or
c
who has been suspended under section 49I(1)(a) of the Act,
the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the matter has been finally determined by the Health Authority.
2B
Where a Health Authority have decided to remove a dentist from a list under section 49F or 49G of the Act, or contingently remove him under section 49G, or remove him for breach of any condition imposed on his inclusion under regulation 5ZD but have not yet given effect to their decision, the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent.
2C
Where a Health Authority have suspended a dentist under section 49I(1)(b) of the Act, the dentist may not withdraw from any list kept by any Health Authority in which he is included, except where the Secretary of State has given his consent, until the decision of the relevant court or body is known and the matter has been considered and finally determined by the Health Authority.
; and
c
omit paragraph (3).
Amendment of regulation 13
9
In regulation 13 (transfer of continuing care and capitation arrangements) —
a
in paragraph (1), for “suspended by direction of the Tribunal” substitute “suspended by the Health Authority”;
b
in paragraph (3) for the words from “suspension by direction” to “suspended dentist” substitute “suspension ceases to have effect and the dentist”.
Amendment of regulation 24
10
In regulation 24 (entitlement to payments) in paragraph (4)(h) for “by direction of the Tribunal” substitute “by the Health Authority”.
Amendments to Part VA of the principal Regulations
11
In Part VA of the principal Regulations —
a
for the heading to that Part substitute “Payments in consequence of suspension or successful appeal”;
b
omit regulation 28A (payments to dentists suspended by direction of the Tribunal), and
c
insert —
Payments to dentists suspended by Health Authorities
28B
1
The Board shall make payments to any dentist who is suspended by a Health Authority in accordance with the Secretary of State’s determination for the time being in force in relation to such payments.
2
The Secretary of State shall make the determination in accordance with paragraphs (3) and (4) after consultation with the organisation referred to in regulation 19(1) and it shall be published with the Statement referred to in regulation 19(2).
3
Subject to paragraph (4), the Secretary of State’s determination shall be such as to secure that, as far as reasonably practicable, and after making adjustments for any reduction in expenses, the suspended dentist receives payments at a rate corresponding to his remuneration by virtue of regulation 19 during the 12 months ending with the suspension.
4
The Secretary of State’s determination may include provision that payments in accordance with the determination are not to exceed a specified amount in any specified period.
5
Regulation 19(3) shall apply to determinations under this regulation as it applies to determinations under that regulation.
6
Regulation 28 shall apply to payments made under this Part as it applies to payments made under Part V.
Amendments to Schedule 1
12
1
Schedule 1 (terms of service for dentists) shall be amended in accordance with the following paragraphs.
2
In paragraph 2 (incorporation of provisions of Regulations), in sub-paragraph (b)(i), for “FHSA” substitute “Health Authority”.
3
In paragraph 8 (duration and extension of a continuing care arrangement) and in paragraph 9 (duration and extension of a capitation arrangement) for the wording in head (iii) of sub-paragraph (2)(b) and head (iv) of sub-paragraph (2)(b) respectively, substitute —
the dentist is suspended and the Health Authority does not within the period of one month beginning with the suspension arrange for it to be transferred to another dentist under regulation 13.
.
4
After paragraph 31G (quality assurance system return) insert —
Declaration of convictions etc.
31H
1
A dentist shall by 31st March 2002 supply in writing information to the Health Authority as to whether he —
a
has any criminal convictions in the United Kingdom;
b
has been bound over following a criminal conviction in the United Kingdom;
c
has accepted a police caution in the United Kingdom;
d
has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
e
is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
f
has been subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world, where the outcome was adverse;
g
is currently subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;
h
is, to his knowledge, or has been where the outcome was adverse, the subject of any investigation by the National Health Service Counter Fraud Service in relation to any fraud case;
i
is the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s lists or equivalent lists;
j
is, or has been where the outcome was adverse, subject to an investigation into his professional conduct in respect of any current or previous employment;
k
has been removed, contingently removed, refused admission to, or conditionally included in any list or equivalent list kept by another Health Authority or equivalent body, or is currently suspended from such a list,
and if so, he must give details, including approximate dates, of any investigation or proceedings which were or are to be brought, the nature of that investigation or proceedings, and any outcome.
2
The dentist shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the dentist.
3
Having supplied the information referred to in paragraph (1), the dentist shall inform the Health Authority within 7 days of the occurrence if he —
a
is convicted of any criminal offence in the United Kingdom;
b
is bound over following a criminal conviction in the United Kingdom;
c
accepts a police caution in the United Kingdom;
d
is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
e
is charged in the United Kingdom with a criminal offence, or is charged elsewhere with an offence which, if committed in England and Wales, would constitute a criminal offence;
f
is notified by any licensing or regulatory body anywhere in the world, of the outcome of any investigation into his professional conduct, and there is a finding against him;
g
becomes the subject of any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;
h
becomes subject to an investigation into his professional conduct in respect of any current or previous employment, or is notified of the outcome of such an investigation and any finding against him;
i
becomes the subject of any investigation by the National Health Service Counter Fraud Service in relation to a fraud case or is notified of the outcome of such an investigation where it was adverse;
j
becomes the subject of any investigation by another Health Authority or equivalent body, which might lead to his removal from any of that Health Authority’s or equivalent lists;
k
is removed, contingently removed, suspended, refused admission to, or conditionally included in any list kept by another Health Authority or equivalent list kept by an equivalent body,
and if so, he must give details, including approximate dates, of any investigation or proceedings which were or are to be brought, the nature of that investigation or proceedings, and any outcome.
4
Where paragraph (3) applies, the dentist shall consent to a request being made by the Health Authority to any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, for information relating to a current investigation, or an investigation where the outcome was adverse, by them into the dentist.
Applications to other lists
31J
A dentist shall inform the Health Authority if he applies to be included in any list held by another Health Authority or any equivalent list held by an equivalent body, and of the outcome of any such application.
.
5
In paragraph 35 (deputies and assistants) for sub-paragraph (10A) substitute —
10A
A dentist shall not employ as a deputy or assistant for the purposes of the provision of general dental services any dentist who is —
a
the subject of a national disqualification, or
b
suspended or suspended nationally.
.
Amendments to Schedule 2, Part I
13
1
Schedule 2, Part I (information and undertaking to be included in an application for inclusion in the dental list) shall be amended in accordance with the following paragraphs.
2
After paragraph 5A insert —
5B
Information on whether —
a
he has any criminal convictions in the United Kingdom;
b
he has been bound over following a criminal conviction in the United Kingdom;
c
he has accepted a police caution in the United Kingdom;
d
he has been convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which would be the equivalent of being bound over or cautioned;
e
he is currently the subject of any proceedings which might lead to such a conviction, which have not yet been notified to the Health Authority;
f
he is currently, or has been where the outcome was adverse, subject to any investigation into his professional conduct by any licensing, regulatory or other body anywhere in the world;
g
he is to his knowledge, or has been where the outcome was adverse, subject to any investigation into his professional conduct in respect of any current or previous employment;
h
he is currently, to his knowledge, or has been where the outcome was adverse, subject to an investigation by the National Health Service Counter Fraud Service in relation to a fraud case;
i
is the subject of an investigation by another Health Authority or equivalent body which might lead to his removal from any of that Authority’s lists or equivalent lists,
and if so, he must give details, including approximate dates, of any investigation or proceedings which were or are to be brought, the nature of that investigation or proceedings, and any outcome.
.
3
For paragraph 8 substitute —
8
An undertaking to —
a
be bound by the terms of service;
b
notify the Health Authority within 7 days of any material changes to the information provided in the application until the application is finally determined;
c
supply the information required by paragraph 31H of Schedule 1; and
d
provide general dental services in the locality of the Health Authority.
.
4
For paragraph 11, substitute —
11
Professional experience (including starting and finishing dates of each appointment with an explanation of any gaps between appointments) an explanation of why he was dismissed from any post, and any additional supporting particulars.
11A
The names and addresses of two referees who are willing to provide clinical references for the last two clinical posts where the employment lasted for a continuous period of at least three months, and where this is not possible, a full explanation and the names and addresses of alternative referees.
.
5
For paragraph 14 substitute —
14
Whether he —
a
is or has ever been subject to a national disqualification,
b
has ever been removed or contingently removed from a list held by a Health Authority or by an equivalent body from an equivalent list,
c
has been refused admission to or conditionally included in a Health Authority list or equivalent list, with an explanation as to why, or
d
is suspended.
.
6
After paragraph 16 add —
17
Consent to the Health Authority requesting from any employer or former employer, licensing, regulatory or other body in the United Kingdom or elsewhere, information relating to a current investigation, or an investigation where the outcome was adverse, by them into the dentist.
.
Savings
14
1
Notwithstanding the amendments made to the principal Regulations by the regulations listed in paragraph (2) (“the listed amendments”), where by virtue of regulation 6(3) of the Abolition of the Tribunal Regulations a case continues before the Tribunal after 31st October 2001, the listed amendments shall not apply to a dentist in relation to his case until such time as the case has concluded and the time for making an appeal has ended, or any appeal has been withdrawn, or he has exhausted his rights of appeal, as the case may be.
2
For the purposes of paragraph (1) the listed amendments are those made by —
a
regulation 2(1)(d);
b
regulation 3;
c
regulation 6(a);
d
regulation 8(a);
e
regulation 9;
f
regulation 10;
g
regulation 11(b); and
h
regulation 12(3).
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
22nd November 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Assessment Arrangements) (England) (Amendment) Order 2001 and shall come into force on 1st May 2001.
Amendment
2
1
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999 shall be amended as follows.
2
For paragraphs (3) and (4) of article 8 (determination of attainment by subject) there shall be substituted the following paragraphs —
3
In the case of mathematics, a pupil’s level of attainment in the subject shall be a/b where, a is the aggregate of his levels in each AT, with his level in AT2 (number and algebra) weighted by a factor of three, and b is the number of those ATs, with AT2 weighted by a factor of three.
4
In the case of science, a pupil’s level of attainment in the subject shall be a/b where, a is the aggregate of his levels in each AT, with his level in AT1 (scientific enquiry) weighted by a factor of three, and b is the number of those ATs, with AT1 weighted by a factor of three.
.
3
In article 9(2) (pupils not subject to national curriculum) there shall be added at the end the words “and the AT which does not apply, and any weighting in respect thereof, were ignored”.
3
1
The Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999 shall be amended as follows.
2
For paragraphs (3) and (4) of article 8 (determination of attainment by subject) there shall be substituted the following paragraphs —
3
In the case of mathematics, a pupil’s level of attainment in the subject shall be a/b where, a is the aggregate of his levels in each of the four ATs weighted by the following factors: 2:5:2:1 and b is the number of those ATs weighted by the same factors (2:5:2:1).
4
In the case of science, a pupil’s level of attainment in the subject shall be a/b where, a is the aggregate of his levels in each AT, with his level in AT1 (scientific enquiry) weighted by a factor of two, and b is the number of those ATs, with AT1 weighted by a factor of two.
.
3
In article 9(2) (pupils not subject to national curriculum) there shall be added at the end the words “and the AT which does not apply, and any weighting in respect thereof, were ignored”.
4
1
The Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 shall be amended as follows.
2
In the definition of “the other foundation subjects” in article 3 (interpretation) after “art” there shall be inserted “and design”.
3
For paragraph (3) of article 5 (teacher assessment — English, mathematics, modern foreign languages and science) there shall be substituted the following paragraph —
3
Subject to article 6, a pupil’s level of attainment in each subject shall be a/b where, a is the aggregate of his levels in each of the ATs weighted by the following factors: 4:9:4:3 and b is the number of those ATs weighted by the same factors (4:9:4:3).
.
4
In article 6(2) there shall be added at the end the words “and the AT which does not apply, and any weighting in respect thereof, were ignored”.
5
For article 7 there shall be substituted —
Teacher assessment — technology
7
In the case of technology, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each of design and technology and information and communication technology, and the record of the results shall consist of a statement of each of those levels .
.
6
For article 9 there shall be substituted —
Teacher assessment — art and design, music and physical education
9
In the cases of art and design, music and physical education, the purpose of the assessment shall be to determine the level of attainment achieved by the pupil in the subject, and the record of the results shall consist of a statement of that level .
.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department of Education and Employment
27th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield West Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Sheffield West 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 Sheffield West Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Sheffield 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 Sheffield 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 Community Health Sheffield 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
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Parent Governor Representatives (England) Regulations 2001.
2
These Regulations shall come into force on 15th March 2001.
3
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations:
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2000 Act ” means the Local Government Act 2000;
“the date of the election”, in relation to an election in which votes can be cast on more than one date, means the last date on which votes can be cast or postal votes received;
“education overview and scrutiny committee” means an overview and scrutiny committee or sub-committee of a local education authority appointed under section 21 of the 2000 Act, the functions of which relate wholly or partly to any education functions which are the responsibility of the authority’s executive;
“parent governor” means —
a person who is elected as a member of a maintained school’s governing body by parents of registered pupils at the school and is himself such a parent at the time when he is elected;
a person who is appointed as a parent governor by the governing body in accordance with regulations under the 1998 Act ;
a person who continues as a parent governor for the purposes of the reconstitution of the governing body on transition to the new schools framework by virtue of regulations under Part II of the 1998 Act ;
“parent governor representative” means, save where the context otherwise admits, a person elected in accordance with regulations 4 to 6 or treated in accordance with regulation 13 as so elected;
“relevant committee” means a committee or sub-committee appointed by a local authority, or by two or more local authorities, in accordance with section 102 of the Local Government Act 1972 wholly or partly for the purpose of discharging any functions which are conferred on the local authority or authorities in their capacity as a local education authority or authorities, but it does not include any committee the decisions of which are subject to scrutiny by another committee which is itself a relevant committee;
“types of school” means maintained schools which are primary, secondary or special schools, excluding nursery schools which are special schools.
2
Except where the context otherwise requires, the expressions used in these Regulations set out in the first column of the table below have the meaning given by (or, as the case may be, are to be interpreted in accordance with), the provisions referred to in the second column of that table:
“alternative arrangements” section 32 of the 2000 Act; “executive” section 11 of the 2000 Act; “executive arrangements” section 10 of the 2000 Act; “maintained school” section 20(7) of the 1998 Act; “school maintained by a local education authority” section 142(1) of the 1998 Act.
Requirement for education overview and scrutiny committees to include parent governor representatives
3
A local education authority shall appoint at least two but not more than five parent governor representatives to each of their education overview and scrutiny committees and sub-committees.
Election procedures
4
1
A local education authority shall make all the necessary arrangements for, and determine all other matters relating to, the holding of an election of a parent governor representative but nothing in this regulation shall prevent an authority from appointing another body to conduct or oversee that election.
2
A local education authority may make arrangements —
a
dividing parent governor representatives into different categories representing —
i
particular types of school, or
ii
maintained schools in a particular area; and
b
where they have done so, restricting the electorate for each such category to parent governors of the same type of school or parent governors of maintained schools in that area (but they need not do so).
3
Where a vacancy for a parent governor representative is required to be filled by election the local education authority shall announce that vacancy and at the time of that announcement shall —
a
appoint a returning officer who shall ensure that so far as possible the election is conducted fairly;
b
take such steps as are reasonably practicable to secure that every person who is known to them to be eligible to vote in the election of a parent governor representative is —
i
informed of the vacancy and that it is required to be filled by election;
ii
informed that he is entitled to vote at the election;
iii
informed of any arrangements made in respect of the election under regulation 4(2);
iv
informed of the details of the electoral timetable and procedures;
v
informed of the qualifications which a person requires in order to be elected as a parent governor representative, and of the term of office of a parent governor representative; and
vi
provided with a description of the role of a parent governor representative.
4
Any election of a parent governor representative which is contested shall be held by secret ballot.
5
No ballot paper in such an election shall contain any indication of an affiliation with a political party.
6
Where a vacancy for a parent governor representative arises, the local education authority shall —
a
determine, for the purposes of the election, any question as to a person’s entitlement to vote or eligibility to stand for election;
b
provide for every person who is eligible to vote in the election to have an opportunity to do so by post;
c
secure that the results of the election are announced not more than one week after the date of the election, and not more than three months after the announcement of the vacancy.
7
Where a vacancy remains unfilled because no, or not enough, candidates seek election, the local education authority shall comply with the requirements of this regulation again within one year of the original vacancy having arisen and at six monthly intervals thereafter, calculated from the first anniversary of the original vacancy having arisen, until the vacancy is filled.
8
Nothing in these Regulations shall require a ballot to be held if the number of vacancies to be filled is equal to or exceeds the number of candidates for election.
Eligibility to vote in elections
5
A person shall be eligible to vote in the election of a parent governor representative if at the date of the election he is a parent governor at a maintained school maintained by the local education authority holding the election, and either —
a
where voting for a particular category of parent governor representative is restricted to parent governors of a particular type of school, he is a parent governor of that type of school; or
b
where voting for a particular category of parent governor representative is restricted to parent governors of schools in a particular geographical area, he is a parent governor of a maintained school in that area.
Qualifications for election as a parent governor representative
6
1
Subject to paragraphs (2) to (4), a person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative in an election held by a local education authority if on the date of the election —
a
he is a parent governor at a maintained school which is maintained by the local education authority;
b
he is the parent of a registered pupil who is educated at a maintained school which is maintained by the local education authority, or who is educated by the authority otherwise than at a school;
c
where the vacancy is for a parent governor representative to represent a particular type of school, he is a parent governor at that type of school, and
d
where the vacancy is for a parent governor representative to represent maintained schools in a particular area, he is a parent governor of a school in that area.
2
A person who is already a member of a local authority shall be disqualified from being elected as a parent governor representative.
3
A person who is a teacher at, or is otherwise employed in, a school maintained by the local education authority shall be disqualified from being elected as a parent governor representative.
4
A person who is employed by the local authority, shall be disqualified from being elected as a parent governor representative.
Disqualification from holding office as a parent governor representative
7
1
A parent governor representative who qualified for election under these Regulations shall cease to be qualified to hold that office if —
a
he resigns or is disqualified from the office of parent governor,
b
he ceases to be a parent governor for any reason other than —
i
he has completed his term of office, or
ii
he no longer holds office as a result of the discontinuance of the school at which he was a parent governor, or
iii
he no longer holds office as a result of a change in the constitution of the governing body of the school at which he was a parent governor.
2
A parent governor representative shall cease to be qualified to hold that office if he is elected as a member of a local authority.
3
A parent governor representative shall cease to be qualified to hold that office if he takes up employment —
a
whether as a teacher or otherwise, in a school maintained by the local education authority, or
b
with the local authority.
4
A parent governor representative shall not hold the office of parent governor representative on an education overview and scrutiny committee of more than one local education authority at any one time.
5
A parent governor representative who has failed to attend the meetings of an education overview and scrutiny committee of which he is a member for a continuous period of six months beginning with the date of a meeting, shall, on the expiry of that period, cease to be qualified to hold that office.
6
For the purposes of paragraph (5), a parent governor representative shall not be taken to have failed to attend a meeting of an education overview and scrutiny committee if he has tendered an apology for his absence and that apology has been accepted by the committee.
Term of office
8
Subject to regulation 13 (transitional provisions) the term of office of a parent governor representative on an education overview and scrutiny committee —
a
shall begin on such date as the local education authority shall determine, being a date not more than one month after the date of the announcement of the result of the election in which he has been elected, and
b
shall (subject to regulation 9(2)), be of such duration as the authority shall determine, being a period not less than two years nor greater than four years.
Vacation of office
9
1
Where a parent governor representative completes his term of office or that office becomes vacant for any other reason, the local education authority shall ensure that an election is held to fill the vacancy and that the date of the election falls in time for the vacancy to be filled not later than six months after the date on which the vacancy occurred.
2
Where a parent governor representative does not complete his term of office, the local education authority may decide whether his successor should be appointed for a full term of office determined in accordance with regulation 8(b), for the unexpired portion of the previous term of office, or for the aggregate of the unexpired portion of that term and a further full term, provided that such aggregate period does not exceed four years.
Voting rights of parent governor representatives
10
A parent governor representative shall be entitled to vote at a meeting of an education overview and scrutiny committee of which he is a member on any question —
a
which relates to any education functions which are the responsibility of the authority concerned’s executive, and
b
which falls to be considered at the meeting.
Exceptional Provisions
11
1
This Regulation applies in the case of a local education authority in the Isles of Scilly or in the City of London.
2
In this regulation “parent governor representative” means a person elected in accordance with this regulation.
3
In such a case —
a
such an authority shall appoint at least two but not more than five parent governor representatives to each relevant committee;
b
regulation 4(1) and (3) to (8) shall apply in respect of elections for parent governor representatives;
c
a person shall be eligible to vote in the election of a parent governor representative in an election held by such an authority if on the date of the election —
i
he is the parent of a registered pupil who is educated at a maintained school which is maintained by the authority, or who is educated by the authority otherwise than at school; or
ii
he is resident in the area of the authority and is the parent of a registered pupil who is educated at a maintained school which is maintained by another local education authority, or who is educated by another authority otherwise than at school;
d
subject to regulation 6(2) to (4), a person shall, unless disqualified under any enactment, be qualified to be elected as a parent governor representative in an election held by such an authority if on the date of the election —
i
he is the parent of a registered pupil who is educated at a maintained school which is maintained by the authority, or who is educated by the authority otherwise than at school; or
ii
he is resident in the area of the authority and is the parent of a registered pupil who is educated at a maintained school which is maintained by another local education authority, or who is educated by another authority otherwise than at school;
e
regulation 6(2) to (4) shall apply in relation to the qualifications for election as a parent governor representative;
f
regulation 7 shall apply in relation to disqualification from holding office as a parent governor representative, save that the references to an overview and scrutiny committee shall be treated as references to a relevant committee;
g
regulation 8 shall apply in relation to the term of office of a parent governor representative, save that the reference to an education overview and scrutiny committee shall be treated as a reference to a relevant committee;
h
regulation 9 shall apply in relation to the vacation of office of a parent governor representative;
i
regulation 10 shall apply in relation to the voting rights of parent governor representatives, save that the reference to the authority concerned’s executive shall be treated as a reference to the authority concerned.
Revocation and Transitional Provisions
12
1
The Education (Parent Governor Representatives) Regulations 1999 (“the 1999 Regulations ”) are hereby revoked.
2
The revocation of the 1999 Regulations shall not invalidate the appointment of parent governor representatives to relevant committees under the 1999 Regulations.
3
Until a local education authority (other than an authority to which regulation 11 applies) operate executive arrangements or alternative arrangements these Regulations shall have effect in relation to that authority as of —
a
references to an education overview and scrutiny committee were substituted by references to a “relevant committee”, and
b
the reference in regulation 10 to “the authority concerned’s executive” were substituted by “the authority concerned”.
13
1
In this regulation “a 1999 Representative” means a representative of parent governors —
a
elected and appointed to a relevant committee of a local authority pursuant to the 1999 Regulations,
b
whose term of office, calculated in accordance with the 1999 Regulations, has not expired on the date on which that authority establish an education overview and scrutiny committee.
2
Subject to paragraph (3), on the establishment by a local authority of an education overview and scrutiny committee, a 1999 Representative shall be treated as having been appointed to that education overview and scrutiny committee.
3
A 1999 Representative who is treated as having been appointed to an education overview and scrutiny committee in accordance with paragraph (2) shall continue in office until the expiry of his original term of office (as a member of the relevant committee).
4
Nothing in paragraph (3) shall prevent a 1999 Representative from being disqualified, by virtue of provision made under these Regulations, from continuing to hold office.
14
Any representative of parent governors elected to a relevant committee in the Isles of Scilly or the City of London in accordance with the 1999 Regulations shall be treated as having been elected in accordance with these Regulations.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
20th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) (Amendment) Regulations 2001 and shall come into force on 11th June 2001.
Amendment of Regulations
2
For paragraph 4(c) in the Schedule to the Merchant Shipping (Oil Pollution Preparedness, Response and Cooperation Convention) Regulations 1998 there shall be substituted:
c
the reference in paragraph 2 above to sums received by the authority shall be read as including a reference to sums received by any subsidiary of the authority which are shown in the statement of accounts there mentioned (and paragraph 3 above shall be construed accordingly).
.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th April 2001


text:
1
This Order may be cited as the A596 Trunk Road (Northside Junction, Workington) (Detrunking) Order 2001 and shall come into force on 31st October 2001.
2
In this Order —
i
“the plan”
means the plan numbered HA 10/PS/285 and marked “The A596 Trunk Road (Northside Junction, Workington) (Detrunking) Order 2001”, signed by the authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the DETR Deposit Document Service, Floor 13, Ashdown House, St. Leonards-on-Sea TN37 3GA.
ii
“the new trunk road”
means the new highway which the Secretary of State proposes to construct referred to in article 2 of the A596 Trunk Road (Northside Junction, Workington) Order 2001 ;
iii
“the trunk road”
means the A596 Lillyhall-Workington-Maryport-Aspatria-Wigton-Thursby Trunk Road (A596)
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road from the date on which the Secretary of State notifies Cumbria County Council that the new trunk road is open for traffic.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Divisional Director Highways Agency
29th October 2001