text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 and shall come into force on 6th April 2001.
2
In these Regulations, including this regulation —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 1979 ;
“contribution week” means a period of seven days beginning with midnight between Saturday and Sunday;
“contribution-based jobseeker’s allowance” and “income-based jobseeker’s allowance” have the same meaning as in the Jobseekers Act 1995 ;
“contributory benefit” includes a contribution-based jobseeker’s allowance but not an income-based jobseeker’s allowance;
“due date” means, in relation to any contribution which a person is —
liable to pay, the date by which payment falls to be made in accordance with Part IV of the Contributions Regulations;
entitled, but not liable, to pay, the date 42 days after the end of the year in respect of which it is paid;
“earnings factor” has the meaning assigned to it in section 21(5)(c) of the Act;
“relevant benefit year” has the meaning assigned to it in —
section 2(4)(b) of the Jobseekers Act 1995, in relation to a contribution-based jobseeker’s allowance;
paragraph 2(6)(b) of Schedule 3 to the Act (contribution conditions for entitlement to short-term incapacity benefit), in relation to short-term incapacity benefit;
“relevant time”, in relation to short-term incapacity benefit, has the meaning assigned to it in paragraph 2(6)(a) of Schedule 3 to the Act;
“year” means tax year.
Appropriation of Class 3 contributions
2
Any person paying Class 3 contributions in one year may appropriate such contributions to the earnings factor of another year if such contributions are payable in respect of that other year or, in the absence of any such appropriation, the Inland Revenue may, with the consent of the contributor, make such appropriation.
Crediting of Class 3 contributions
3
Where, for any year, a contributor’s earnings factor derived from —
a
earnings upon which primary Class 1 contributions have been paid or treated as paid;
b
credited earnings;
c
Class 2 or Class 3 contributions paid by or credited to him; or
d
any or all of such earnings and contributions,
falls short of a figure which is 52 times that year’s lower earnings limit for Class 1 contributions by an amount which is equal to, or less than, half that year’s lower earnings limit, that contributor shall be credited with a Class 3 contribution for that year.
Treatment for the purpose of any contributory benefit of late paid contributions
4
1
Subject to the provisions of regulations 5 and 6 below and regulation 40 of the Contributions Regulations (voluntary Class 2 contributions not paid within permitted period), for the purpose of entitlement to any contributory benefit, paragraphs (2) to (9) below shall apply to contributions (“relevant contributions”) —
a
paid after the due date; or
b
treated as paid after the due date under regulation 7(2) below.
2
Subject to the provisions of paragraph (4) below, any relevant contribution other than one referred to in paragraph (3) below —
a
if paid —
i
after the end of the second year following the year in which liability for that contribution arises,
ii
following the due date for that contribution in the case of a contribution which a person is entitled, but not liable, to pay,
shall be treated as not paid;
b
if paid before the end of the said second year, shall, subject to paragraphs (7) and (8) below, be treated as paid on the date on which payment of the contribution is made.
3
Subject to the provisions of paragraph (4) below, any relevant Class 2 contribution payable in respect of a contribution week after 5th April 1983 or any relevant Class 3 contribution payable in respect of a year after 5th April 1982 —
a
if paid —
i
after the end of the sixth year following the year in which liability for that contribution arises,
ii
following the due date for that contribution in the case of a contribution which a person is entitled, but not liable, to pay,
shall be treated as not paid;
b
if paid before the end of the said sixth year, shall, subject to paragraphs (7) and (8) below, be treated as paid on the date on which payment of the contribution is made.
4
A Class 3 contribution payable by a person to whom regulation 27(3)(b)(ii) or (iii) of the Contributions Regulations (which specify the conditions to be complied with before a person may pay a Class 3 contribution) applies in respect of a year which includes a period of education, apprenticeship, training, imprisonment or detention in legal custody such as is specified in that regulation —
a
if paid after the end of the sixth year specified in that regulation, shall be treated as not paid;
b
if paid before the end of the said sixth year shall, subject to the provisions of paragraphs (7) and (8) below, be treated as paid on the date on which payment of the contribution is made.
5
Notwithstanding the provisions of paragraph (4) above, for the purpose of entitlement to any contributory benefit, where —
a
a Class 3 contribution other than one referred to in sub-paragraph (b) below which is payable in respect of a year specified in that sub-paragraph, is paid after —
i
the due date, and
ii
the end of the second year following the year preceding that in which occurred the relevant time or, as the case may be, the relevant event,
that contribution shall be treated as not paid;
b
in respect of a year after 5th April 1982, a Class 3 contribution which is payable in respect of a year specified in paragraph (4) above, is paid after —
i
the due date, and
ii
the end of the sixth year following the year preceding that in which occurred the relevant time or, as the case may be, the relevant event,
that contribution shall be treated as not paid.
6
For the purposes of paragraph (5) above, “relevant event” means the date on which the person concerned attained pensionable age or, as the case may be, died under that age.
7
Notwithstanding the provisions of paragraphs (2), (3) and (4) above, in determining whether the relevant contribution conditions are satisfied in whole or in part for the purpose of entitlement to any contributory benefit, any relevant contribution which is paid within the time specified in paragraph (2)(b), (3)(b) or, as the case may be, (4)(b) above shall be treated —
a
for the purpose of entitlement in respect of any period before the date on which the payment of the contribution is made, as not paid; and
b
subject to the provisions of paragraph (8) below, for the purpose of entitlement in respect of any other period, as paid on the date on which the payment of the contribution is made.
8
For the purpose of determining whether the second contribution condition for entitlement to a contribution-based jobseeker’s allowance or short-term incapacity benefit is satisfied in whole or in part, any relevant contribution shall be treated —
a
if paid before the beginning of the relevant benefit year, as paid on the due date;
b
if paid after the end of the benefit year immediately preceding the relevant benefit year, as not paid in relation to the benefit claimed in respect of any day before the expiry of a period of 42 days (including Sundays) commencing with the date on which the payment of that contribution is made, and, subject to the provisions of paragraphs (2)(a) and (3)(a) above, as paid at the expiry of that period in relation to entitlement to such benefit in respect of any other period.
9
For the purposes of paragraph (8) above, “second contribution condition” in relation to —
a
a contribution-based jobseeker’s allowance is a reference to the condition specified in section 2(1)(b) of the Jobseekers Act 1995 ;
b
short-term incapacity benefit is a reference to the condition specified in paragraph 2(3) of Schedule 3 to the Act.
10
This regulation shall not apply to Class 4 contributions.
Treatment for the purpose of any contributory benefit of late paid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor
5
1
This regulation applies where a primary Class 1 contribution which is payable on a primary contributor’s behalf by a secondary contributor —
a
is paid after the due date; or
b
in relation to any claim for —
i
a contribution-based jobseeker’s allowance, is not paid before the beginning of the relevant benefit year, or
ii
short-term incapacity benefit, is not paid before the relevant time,
and the delay in making payment is shown to the satisfaction of the Inland Revenue not to have been with the consent or connivance of, or attributable to any negligence on the part of, the primary contributor.
2
Where paragraph (1) above applies, the primary Class 1 contribution shall be treated —
a
for the purpose of the first contribution condition of entitlement to a contribution-based jobseeker’s allowance or short-term incapacity benefit, as paid on the day on which payment is made of the earnings in respect of which the contribution is payable; and
b
for any other purpose relating to entitlement to any contributory benefit, as paid on the due date.
3
For the purposes of this regulation —
a
“first contribution condition” in relation to —
i
a contribution-based jobseeker’s allowance is a reference to the condition specified in section 2(1)(a) of the Jobseekers Act 1995 ,
ii
short-term incapacity benefit is a reference to the condition specified in paragraph 2(2) of Schedule 3 to the Act ;
b
“primary contributor” means the person liable to pay a primary Class 1 contribution in accordance with section 6(4)(a) of the Act (liability for Class 1 contributions);
c
“secondary contributor” means the person who, in respect of earnings from employed earner’s employment, is liable to pay a secondary Class 1 contribution in accordance with section 6(4)(b) of the Act.
Treatment for the purpose of any contributory benefit of contributions under the Act paid late through ignorance or error
6
1
In the case of a contribution paid by or in respect of a person after the due date, where —
a
the contribution is paid after the time when it would, under regulation 4 or 5 above, have been treated as paid for the purpose of entitlement to contributory benefit; and
b
it is shown to the satisfaction of the Inland Revenue that the failure to pay the contribution before that time is attributable to ignorance or error on the part of that person or the person making the payment and that that ignorance or error was not due to any failure on the part of such person to exercise due care and diligence.
the Inland Revenue may direct that, for the purposes of those regulations, the contribution shall be treated as paid on such earlier day as the Inland Revenue may consider appropriate in the circumstances, and those regulations shall have effect subject to any such direction.
2
This regulation shall not apply to a Class 4 contribution.
Treatment for the purpose of any contributory benefit of contributions paid under regulation 54 of the Contributions Regulations
7
1
Subject to the provisions of paragraph (2) below, for the purpose of entitlement to any contributory benefit, where —
a
a person pays a Class 2 or Class 3 contribution in accordance with regulation 54 of the Contributions Regulations (method of, and time for, payment of Class 2 and Class 3 contributions etc. ); and
b
the due date for payment of that contribution is a date after the relevant day,
that contribution shall be treated as paid by the relevant day.
2
Where, in respect of any part of a late notification period, a person pays a Class 2 contribution which he is liable to pay, that contribution shall be treated as paid after the due date, whether or not it was paid by the due date.
3
For the purposes of this regulation —
a
“late notification period” means the period beginning with the day a person liable to pay a Class 2 contribution was first required to notify the Inland Revenue in accordance with the provisions of regulation 53A of the Contributions Regulations (notification of commencement or cessation of payment of Class 2 or Class 3 contributions) and ending on the last day of the contribution quarter immediately before the contribution quarter in which he gives that notification;
b
“relevant day” means the first day in respect of which a person would have been entitled to receive the contributory benefit in question if any contribution condition relevant to that benefit had already been satisfied;
c
“contribution quarter” means one of the four periods of not less than 13 contribution weeks commencing on the first day of the first, fourteenth, twenty-seventh or fortieth contribution week, in any year.
Treatment for the purpose of any contributory benefit of contributions paid under an arrangement
8
For the purposes of regulations 4 to 7 above and regulation 40 of the Contributions Regulations (voluntary Class 2 contributions not paid within permitted period) —
a
where a contribution is paid under an arrangement to which regulations 46A and 48 or, as the case may be, regulation 54A of the Contributions Regulations (other methods of collection and recovery of earnings-related contributions; special provisions relating to primary Class 1 contributions and arrangements approved by the Inland Revenue for method of, and time for, payment of Class 2 and Class 3 contributions respectively) apply, the date by which, but for the said regulations 4 to 7 and 40, the contribution would have fallen due to be paid shall, in relation to that contribution, be the due date;
b
any payment made of, or as on account of, a contribution in accordance with any such arrangement shall, on and after the due date, be treated as a contribution paid on the due date.
Application for allocation of national insurance number
9
1
Subject to the provisions of paragraph (2) below, every person, who is over the age of 16 and satisfies the conditions specified in regulation 87 or 119 of the Contributions Regulations (conditions of domicile or residence and conditions as to residence or presence in Great Britain respectively), shall, unless he has already been allocated a national insurance number under the Act, the Social Security Act 1975 or the National Insurance Act 1965 , apply either to the Secretary of State or to the Inland Revenue for the allocation of a national insurance number and shall make such application at such time and in such manner as the Secretary of State shall direct.
2
As respects any person who is neither an employed earner nor a self-employed earner the provisions of paragraph (1) above shall not apply unless and until that person wishes to pay a Class 3 contribution.
3
The Secretary of State may authorise arrangements for the allocation of a national insurance number to any person during the 12 months before that person reaches the age of 16, and in particular may direct that a person who will attain the age of 16 within 12 months after such direction shall apply for the allocation of a national insurance number before attaining the age of 16, and any such person shall accordingly comply with such direction.
Deduction of contribution from pensions etc. — prescribed enactments and instruments under which payable
10
For the purposes of paragraph 10 of Schedule 1 to the Act (power to deduct contributions from a pension or allowance payable by the Secretary of State by virtue of any prescribed enactment or instrument), the enactments and instruments are —
a
Order in Council 19th December 1881;
b
The Royal Warrant 27th October 1884;
c
The Naval and Military War Pensions Act 1915 ;
d
The War Pensions Act 1920 ;
e
The War Pensions Act 1921 ;
f
Order by His Majesty 14th January 1922;
g
The War Pensions (Coastguards) Scheme 1944 ;
h
The Royal Warrant 1964 ;
i
The Order by Her Majesty 1964 ;
j
The War Pensions (Naval Auxiliary Personnel) Scheme 1964 ;
k
The Pensions (Polish Forces) Scheme 1964 ;
l
The War Pensions (Mercantile Marine) Scheme 1964 ;
m
The Order by Her Majesty (Ulster Defence Regiment) 1971 ;
n
The Personal Injuries (Civilians) Scheme 1983 ;
o
The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 .
Consequential amendments to the Contributions Regulations
11
1
The Contributions Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions), in the definition of “week” omit the words “for the purposes of regulation 38(7) it has the meaning assigned to it in regulation 38(8), and”.
3
In regulation 39 (treatment for the purpose of any contributory benefit of late paid or unpaid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor) —
a
in the heading, omit the words “late paid or”;
b
in paragraph (1), omit the words “is paid after the due date or” and “delay or”.
Revocations
12
The regulations set out in column (1) of the Schedule to these Regulations are hereby revoked to the extent mentioned in column (3) of that Schedule.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
6th March 2001
The Commissioners of Inland Revenue hereby concur.
Ann Chant
Nick Montagu
Two of the Commissioners of Inland Revenue
7th March 2001


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Public Telecommunication System Designation (Verizon Global Solutions U.K. Limited) Order 2001 and shall come into force on 17th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander
Minister of State for ECommerce, and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the King’s Mill Centre for Health Care Services National Health Service Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the the King’s Mill Centre for Health Care Services National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Sherwood Forest Hospitals National Health Service Trust instead of the King’s Mill Centre for Health Care Services National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “King’s Mill Centre for Health Care Services” there are substituted the words “Sherwood Forest Hospitals”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person, or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further amendments of NHS trust Establishment Order
3
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service, at or from:
a
King’s Mill Centre for Health Care Services, Mansfield Road, Sutton-in-Ashfield, Nottinghamshire NG17 4JL;
b
Newark General Hospital, London Road, Newark on Trent, Nottinghamshire;
c
Ashfield Community Hospital, Portland Street, Kirkby in Ashfield, NG17 7AE;
d
Mansfield Community Hospital, Stockwell Gate, Mansfield, NG18 5QJ;
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
22nd March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chiltern and South Bucks Primary Care Trust (Establishment) Order 2001 and shall come into force on 8th October 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 Chiltern and South Bucks Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 8th October 2001 a Primary Care Trust to be called the Chiltern and South Bucks Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Buckinghamshire 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 rumuneration 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 Buckinghamshire 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 South Buckinghamshire 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 for Health.
Hazel Blears
Parliamentary Under Secretary of State
Department of Health
1st October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Newcastle 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 Newcastle 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 Newcastle & North Tyneside 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 Newcastle & North Tyneside 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 Newcastle City Health National Health Service Trust and the South Tyneside Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Title and commencement
1
This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2001 and comes into force on 31st January 2001.
Amendments to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999
2
1
The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall be amended in accordance with this article.
2
After article 2 there shall be inserted —
Application of this Order
2A
1
This Order shall apply in relation to animals from countries and territories listed in Part I of Schedule 2 or Schedule 6.
2
The provisions relating to means of transport, identification, health status, derogations for animals identified outside England and documentation set out in articles 4, 5, 6, 6A and 7 shall apply in relation to animals from countries or territories listed in Part I of Schedule 2.
3
The provisions of Schedule 6 shall apply in relation to animals from countries or territories listed in Schedule 6 in place of the provisions referred to in paragraph (2).
.
3
For article 4 there shall be substituted —
Means of transport
4
1
The animal shall be brought into England using a carrier approved under article 8 below, travelling directly from one of the countries or territories in Part I of Schedule 2, without leaving the vessel, aircraft or train in which it is travelling between arrival and departure.
2
In the event of an aircraft being diverted from its scheduled destination, the carrier shall transport the animal to the scheduled destination at its own expense.
.
4
For article 6(1) there shall be substituted —
6
1
After it has been microchipped the animal shall —
a
have been vaccinated against rabies in a country or territory specified in Part I of Schedule 2 or Schedule 6 or in the British Islands or the Republic of Ireland after the age of three months by injection of an inactivated vaccine approved by the competent authority of the country in which the vaccination takes place; and
b
have had any necessary booster injections in a country or territory specified in Part I of Schedule 2 or Schedule 6 or in the British Islands or the Republic of Ireland at intervals specified by the manufacturer of the vaccine.
.
5
After article 6(4A) there shall be inserted —
4B
In the case of animals coming from Malta or Cyprus, the treatment for ticks must contain fipronil as the active ingredient.
.
6
For article 6(5) there shall be substituted —
The animal shall not have been outside the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 or Schedule 6 for the six month period immediately preceding the date it is brought into England.
.
7
At the end of article 7(6) there shall be added the words “or Schedule 6”.
8
After article 7 there shall be inserted the following —
Rabies-free islands
7A
The provisions of Schedule 6 (rabies-free islands) shall have effect.
.
9
Schedule 1 shall be revoked.
10
In Part I of Schedule 2 there shall be inserted in alphabetical order —
“Cyprus. Note: the animal may come from any part of the island of Cyprus. All certification must be issued by the government of the Republic of Cyprus”, and
“Malta”.
11
Part II of Schedule 2 shall be revoked.
12
In Schedule 4 the following table shall be substituted for the table of qualifying countries in the Pilot Pet Travel Scheme —
QUALIFYING COUNTRIES FOR THE PILOT PET TRAVEL SCHEME
(a)
For the purpose of this Declaration France includes French Polynesia, Guadeloupe, La Réunion, Martinique, Mayotte, New Caledonia and Wallis and Fortuna but excludes French Guyana, and St. Pierre and Miquelon.
(b)
For the purpose of this Declaration Norway excludes Svalbard.
(c)
For the purpose of this Declaration Portugal includes the Azores and Madeira.
(d)
For the purpose of this Declaration Spain includes the Canary Islands but excludes Ceuta and Melilla.
Andorra Gibraltar Portugal Antigua and Barbuda Greece Republic of Ireland Ascension Island Hawaii St. Helena Australia Iceland St. Kitts and Nevis Austria Italy St. Vincent Barbados Jamaica San Marino Belgium Japan Singapore Bermuda Liechtenstein Spain Cayman Islands Luxembourg Sweden The island of Cyprus Malta Switzerland Denmark Mauritius United Kingdom, Channel Islands and Isle of Man Falkland Islands Monaco Vanuatu Fiji Montserrat Vatican Finland Netherlands France New Zealand Germany Norway
.
13
After Schedule 5 there shall be inserted the Schedule to this Order.
Consequential amendments to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
3
1
The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 shall be amended in accordance with this article.
2
For article 4(2A)(f) there shall be substituted —
f
the animal has not been outside the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 or Schedule 6 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 for the six month period immediately preceding the date it is brought into England.
.
3
For article 5A there shall be substituted —
5A
If a cat or dog is in quarantine in England, the Minister may grant a licence releasing it if he is satisfied that —
a
it has been microchipped, vaccinated and blood tested in accordance with the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999,
b
a sample of blood was taken from the animal at least six months before the release date and tested in accordance with the 1999 Order;
c
at least twenty four hours before release it has been treated by a veterinary surgeon against Echinococcus multilocularis and ticks, using a veterinary medicine with a marketing authorisation at an appropriate dosage (in the case of treatment against Echinococcus multilocularis the medicine must contain praziquantel as the active ingredient, and in the case of an animal which has been in Cyrpus, Malta or one of the countries or territories in Schedule 6 to the 1999 Order the treatment against ticks must contain fipronil as the active ingredient);
d
it has not been outside the countries or territories in Schedules 2 or 6 to the 1999 Order in the six months prior to the release date;
e
in the case of an animal from a country or territory in Schedule 6 to the 1999 Order, it arrived in England in a sealed container with the seal intact. The container must have been sealed by an official authorised by the competent authority of the exporting country, who must have written the number of the seal on the import licence granted by the Minister under article 4(3) and stamped the licence with his official stamp. The number on the seal must be the same as the number on the licence. However, if the Minister is satisfied that the animal was not exposed to risk of infection of rabies during its journey, he may release the animal from quarantine if the provisions relating to sealing are not complied with.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
2nd January 2001


text:
Citation and commencement
1
This Order may be cited as the Dorset Community National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Dorset Community National Health Service Trust established by the Dorset Community National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
20th March 2001


text:
1
These regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st September 2001.
2
The Education (Student Support) (European Institutions) Regulations 2000 shall be amended as follows.
3
In Regulation 2(1) —
a
in the definition of “designated course” for the words “regulation 4” substitute the words “regulation 5”; and
b
in the definition of “the Student Support Regulations 2000” add at the end the following words “, save that the reference to the Student Support Regulations 2000 in regulations 7(1)(g) and 8(1)(b) is only to those Regulations (and not any regulations made under Section 22 of the Act replacing such Regulations);”.
4
In regulation 7(1) —
a
in sub-paragraph (c)(i) for the figure “£1,981.57” substitute the figure “£2,029.13”;
b
in sub-paragraph (c)(ii) for the figure “£38.67” substitute the figure “£39.60”;
c
in sub-paragraph (d) for the figure “£87” substitute the figure “£89”; and
d
in sub-paragraph (g) add at the end the following words “and that the regulation shall be read as if for the figures set out in it and listed in column 1 of the Schedule there had been substituted the figures in column 2;”.
5
In regulation 8(1)(b) add at the end the following words “and that the regulation shall be read as if for the figures set out in it and listed in column 1 of the Schedule there had been substituted the figures in column 2;”.
6
In regulation 9 for the figure “US$22,400” substitute the figure “US$23,200”.
7
Without prejudice to the definition of the Student Support Regulations 2000, in regulation 10(1) the reference to regulation 22 of the Student Support Regulations 2000 shall be read as a reference to regulation 23 of the Education (Student Support) Regulations 2001 .
8
Add as a Schedule to the Regulations the following:
Schedule
Regulations 7(1)(g) and 8(1)(b)
£2,125 £2,175 3,055 3,125 930 950 445 455 890 910 1,180 1,210 1,700 1,740 740 760 1,050 1,075
.
Margaret Hodge
Minister of State,
Department for Education and Skills
4th August 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as The Health Authorities (Membership and Procedure) Amendment (England) (No. 3) Regulations 2001 and shall come into force on 10th January 2002.
2
These Regulations extend to England only.
Amendment of Regulations
2
In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) insert in the appropriate alphabetical position, “National Treatment Agency” .
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
19th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hounslow Primary Care Trust (Establishment) Order 2001 and shall come into force on 10th December 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 Hounslow Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 10th December 2001 a Primary Care Trust to be called the Hounslow Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Ealing, Hammersmith and Hounslow 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 Ealing, Hammersmith and Hounslow Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The West Middlesex University Hospital National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
5
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
30th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maidstone and Malling Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th 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 Maidstone and Malling 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 Maidstone and Malling 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 the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The West Kent Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The West Kent 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 Maidstone and Tunbridge Wells 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
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
5th February 2001


text:
Citation, interpretation and commencement
1
1
This Order may be cited as the Transfer of Functions (Fishery Harbours) Order 2001.
2
In this Order —
“the 1951 Act ” means the Sea Fish Industry Act 1951 ;
“fishery harbour” has the meaning given in section 21(7) of the 1951 Act;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food.
3
This Order comes into force on 3rd December 2001.
Transfer of functions
2
1
There are transferred to the Secretary of State the functions of the Minister under —
a
section 21 of the 1951 Act,
b
the Harbours Act 1964 ,
c
Part 1 of the Ports Act 1991 , and
d
the Harbour Works (Environmental Impact Assessment) Regulations 1999 .
2
There are transferred to the Secretary of State the functions of the Minister in relation to fishery harbours, or harbour authorities for fishery harbours, under —
a
sections 2(8)(a) and 17(8)(b) of the Coast Protection Act 1949 , and
b
local Acts passed after the 1951 Act and before the coming into force of this Order.
Transfer of property, rights and liabilities
3
All property, rights and liabilities to which the Minister is entitled or subject at the coming into force of this Order in connection with any function transferred by this Order are transferred to the Secretary of State for Transport, Local Government and the Regions.
Supplementary and consequential
4
1
Any reference in this Order to a function of the Minister under an enactment includes a reference to the Minister’s functions under any scheme, regulations, Order in Council, order, bye-laws or other instrument having effect under or in relation to that enactment.
2
This Order does not affect the validity of anything done (or having effect as if done) by or in relation to the Minister before the coming into force of this Order.
3
Anything (including legal proceedings) which, at the coming into force of this Order, is in the process of being done by or in relation to the Minister may, so far as it relates to anything transferred by this Order, be continued by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Transport, Local Government and the Regions.
4
Anything done (or having effect as if done) by or in relation to the Minister for the purposes of or in connection with anything transferred by this Order has effect, if in force at the coming into force of this Order, as if done by or in relation to the Secretary of State or, as the case may be, the Secretary of State for Transport, Local Government and the Regions so far as is required for continuing its effect after the coming into force of this Order.
5
Any enactment or instrument passed or made before the coming into force of this Order has effect —
a
so far as is necessary for the purposes of or in consequence of article 2, as if references to (and references which are to be read as references to) the Minister, the Ministry of Agriculture, Fisheries and Food or officers of the Minister were references to the Secretary of State, his department or officers (as appropriate),
b
so far as is necessary for the purposes of or in consequence of article 3, as if references to (and references which are to be read as references to) the Minister, the Ministry of Agriculture, Fisheries and Food or officers of the Minister were references to the Secretary of State for Transport, Local Government and the Regions, his department or officers (as appropriate).
6
In paragraph (5) “instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, warrants, certificates and other documents.
5
The Schedule to this Order (consequential amendments) has effect.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Lewes Tertiary College (Dissolution) Order 2001 and shall come into force on 1st November 2001.
2
On 1st November 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Sussex Downs College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st November 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st November 2001;
c
to the transferor were to the corporation; and
d
to the corporation were to Sussex Downs College.
Margaret Hodge
Minister of State,
Department for Education and Skills
13th September 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Conduct of Referendums) (England) (Consequential Amendment) Order 2001 and shall come into force on 30th April 2001.
2
This Order applies to the holding of referendums by local authorities in England.
Consequential amendment of Regulations
2
1
Regulation 14 (combination of polls: general) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 is amended as follows.
2
In paragraph (1) —
a
there is inserted at the beginning “Subject to paragraph (1A),”; and
b
there is inserted after “subject to paragraphs (3)” “, (3A)”.
3
After paragraph (1) there is inserted —
1A
Where the poll at any election of a description mentioned in paragraph (2) is to be taken on 7th June 2001 paragraph (1) shall be read as if for “ending 28 days” there were substituted “ending 14 days”.
.
4
After paragraph (3) there is inserted —
3A
Where, but for this paragraph, the poll at a referendum would be taken together with the poll at an election of a description specified in paragraph (2)(a) or (b), paragraph (1) shall not apply where —
a
notice of the date of the referendum is given under regulation 4 before 10th April 2001 and the date of the referendum is not 7th June 2001; or
b
a determination has been made under paragraph (1) of regulation 10 before 10th April 2001.
.
5
In paragraph (4) there is inserted after “paragraph (3)” “or (3A)”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Legal Advice and Assistance at Police Stations (Remuneration) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.
Interpretation
2
In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 , and a reference to the Schedule means the Schedule to those Regulations.
Transitional provisions
3
These Regulations shall apply for the purposes of work done on or after 2nd April 2001 to which the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989 apply.
Amendments to the Legal Advice and Assistance at Police Stations (Remuneration) Regulations 1989
4
In regulation 5: —
a
in paragraph (5), the words “but excluding any supplement allowed under paragraph (8)” shall be omitted;
b
paragraph (8) shall be omitted.
5
1
The Schedule shall be amended as follows.
2
Throughout the Schedule, for “Board” there shall be substituted “Commission”.
3
In paragraph 1(1),
a
for “2 and 3” there shall be substituted “2 to 4”;
b
for “within legal aid area 1”, wherever it occurs, there shall be substituted “in the Legal Services Commission’s London Region”.
4
Paragraph 1(2) shall be omitted.
5
At the beginning of paragraph 3 there shall be inserted “Subject to paragraph 4,”.
6
After paragraph 3 there shall be inserted the following: —
4
In the case of a person who is a party to a general criminal contract, the Commission shall allow fees for work allowed by it under regulation 5 at the following rates:
Class of work Rate
a
availability during duty period
£4.20 per hour — served, to a maximum of £100.80 (£4.25 per hour served to a maximum of £102.00 in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
b
advice and assistance to a person arrested and held in custody, or being interviewed in connection with a serious service offence or to a volunteer, given
i
by a duty solicitor in unsocial hours
£67.93 per hour
ii
by a duty solicitor in all other hours
£51.15 per hour (£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
iii
by an own solicitor
£51.15 per hour (£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
c
travelling and waiting
i
by a duty solicitor in unsocial hours
£67.93 per hour
ii
by a duty solicitor in all other hours
£51.15 per hour (£55.28 per hour in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
iii
by an own solicitor
£28.33 per hour
d
advising and assisting over the telephone
£23.38 per item (£24.20 per item in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
e
routine telephone calls
£3.96 per item (£4.13 per item in respect of a solicitor whose office is situated in the Legal Services Commission’s London Region)
5
In this Schedule, “general criminal contract” means a contract with the Legal Services Commission in the form of the Commission’s General Criminal Contract for the time being, and any reference to a party to a general criminal contract includes every person authorised to do work under the contract.
.
Signed
Willy Bach
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 25th March 2001
We consent
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 27th March 2001


text:
PART I
General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) Regulations 2001 and shall come into force on 12th November 2001.
2
These Regulations shall apply only in relation to England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“the 1996 Act ” means the Education Act 1996;
“assessment” in relation to a maintained school means assessment pursuant to orders made under section 356 of the 1996 Act and “level” shall be construed in accordance with the provisions of such orders and in relation to a CTC means assessment pursuant to an agreement with the Secretary of State made under section 482 of the 1996 Act ;
“assessment term” means the term in which assessment is completed;
“attainment targets” has the meaning given by section 353 of the 1996 Act;
“authority” means —
in relation to a school maintained by a local education authority that authority; and
in relation to a non-maintained special school or an independent school, means the local education authority in whose area the school is situated;
“external marking agency” means a body nominated by the Qualifications and Curriculum Authority and approved by the Secretary of State to mark NC tests;
“CTC” means city technology college, city college for the technology of the arts or a city academy;
“core subject” means English, mathematics or science;
“ GCE ‘A’ level examinations” means General Certificate of Education advanced level examinations;
“GCE ‘AS’ examinations” means —
General Certificate of Education advanced supplementary examinations; or
General Certificate of Education advanced subsidiary examinations;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“information technology key skill qualification” means a qualification awarded to a pupil who has completed an examination, course or unit in the key skill of information technology;
“maintained school” means —
any community, foundation or voluntary school, or
any community or foundation special school which is not established in a hospital,
but excludes any nursery school;
“middle deemed secondary school” means a middle school deemed to be a secondary school by virtue of the Education (Middle Schools) Regulations 1980 ;
“NC tests” means National Curriculum tests administered to pupils for the purpose of assessing the level of attainment which they have achieved in any core subject being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356 of the 1996 Act in force when those tests were administered ;
“non-maintained special school” means a special school which is not maintained by an authority;
“permanent exclusion” means the permanent exclusion of a pupil from a school on disciplinary grounds and “permanently excluded” shall be construed accordingly;
“public examination” means a public examination which is for the time being prescribed by regulations made under section 453 of the 1996 Act ;
“register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ;
“reporting school year” means the school year immediately preceding the school year in which information provided to the Secretary of State is to be published by him or, as the case may be, local education authorities;
“school day” has the meaning given by section 579(1) of the 1996 Act;
“school year” has the meaning given by section 579(1) of the 1996 Act ;
“special educational needs” has the meaning given by section 312(1) of the 1996 Act;
“special school” has the meaning given by section 337 of the 1996 Act ;
“unauthorised absence” means an occasion on which a pupil is recorded as absent without authority pursuant to the Education (Pupil Registration) Regulations 1995 and “authorised absence” shall be construed accordingly;
“unit”, in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification; and
“Vocational “A’ level examinations” means vocational certificate of education advanced level examinations;
“Vocational ‘AS’ level examinations” means vocational certificate of education advanced subsidiary examinations.
2
In these Regulations, except where the context otherwise requires —
a
references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 31st August preceding the commencement of the reporting school year, where the reporting school year begins after that date, or the 31st August which falls within the reporting school year, where the reporting school year begins on or before that date, and who were registered pupils at the school on the third Thursday in January in the reporting school year;
b
references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act ; and
c
references to key stages are references to the periods set out in section 355(1) of the 1996 Act.
3
Particulars to which these Regulations apply may be made available in the form of data from which the particulars are capable of being extracted by computer.
4
For the purposes of these Regulations any examination for the GCSE for which a pupil aged 15 was entered during a previous school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
5
Information relating to authorised or unauthorised absences shall not include any information relating to any period after the Friday before the last Monday in May in the reporting school year.
6
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and any reference in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number.
Qualification of duties
3
The duties of governing bodies, authorities and proprietors to make available, provide or publish information apply only to the extent that that information is available to them in time for it to be reasonably practicable for them to make available, provide or publish that information before the latest occasion on which that information is required to be made available, provided or published, as the case may be.
Revocations and savings
4
1
Subject to paragraph (2), the Regulations referred to in Schedule 11 are hereby revoked.
2
The revocation of the Regulations referred to in Schedule 11 shall not relieve any person of any duty to make available, provide or publish information which has not been performed before the date that these Regulations come into force.
PART II
Provision of Information by Head Teacher
Provision of information by head teacher to governing body
5
The head teacher of every maintained school shall each year make available to the governing body information about the matters mentioned in Schedules 1 to 7 for the purpose of enabling the governing body to comply with their obligations in respect of those matters.
PART III
Provision of Information to the Secretary of State and Local Education Authorities
Provision of first key stage assessment results to local education authorities
6
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the first key stage shall each year, by the end of that term, provide to the authority the information relating to assessment referred to in Schedule 1.
Provision of information about second key stage assessment results to the Secretary of State
7
The governing body of every maintained primary or middle deemed secondary school shall, within two weeks of receiving a written request from the Secretary of State, provide him with the information for the reporting school year referred to in Schedule 2.
Provision of results of school examinations and of courses leading towards vocational qualifications to the Secretary of State
8
The governing body of every maintained school and the proprietor of every non-maintained special school or independent school with pupils aged 15, 16, 17 or 18 shall, within two weeks of receiving a written request from the Secretary of State, provide him with such particulars relating to public examinations and courses leading to vocational qualifications, units of vocational qualifications, or information technology key skill qualifications for which registered pupils at the school were entered, and such other information as is referred to —
a
in the case of a school providing information in respect of pupils aged 15, in Part I of Schedule 3; or
b
in the case of a school providing information in respect of pupils aged 16, 17 or 18, in Part II of Schedule 3.
Provision of information about authorised and unauthorised absence to the Secretary of State
9
1
Subject to paragraph (2), the governing body of every maintained school and the proprietor of every non-maintained special school or independent school shall, within two weeks of receiving a written request by the Secretary of State, provide him with the information for the reporting school year specified in Schedule 4.
2
This regulation does not apply in respect of a school providing education for boarding pupils only.
Provision of general information about secondary schools to the Secretary of State
10
The governing body of every maintained secondary school, except a middle deemed secondary school, and the proprietor of every non-maintained special school or independent school with pupils aged 15 shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 5.
Provision of general information about primary schools to the Secretary of State
11
The governing body of every maintained primary or middle deemed secondary school, shall, within two weeks of receiving a written request from the Secretary of State, provide him with the general information about the school for the reporting school year referred to in Schedule 6.
Provision of information about excluded pupils to local education authorities
12
The governing body of every maintained school shall, within two weeks of receiving a written request from the authority, provide to the authority the information, for the period to which the request relates, referred to in Schedule 9, as appropriate, in respect of any pupil excluded from the school by the head teacher.
Provision of information about permanently excluded pupils to local education authorities
13
1
The governing body of every maintained school to which paragraph (2) or (3) applies, shall, within two weeks of the third Thursday in January in each reporting school year, provide to the authority the information referred to in Part I of Schedule 10 in respect of any pupil permanently excluded from the school as referred to in paragraph (2) or (3) as the case may be.
2
This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 14 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect during the school year immediately preceding the reporting school year and who, as at the third Thursday in January in the reporting school year, is not shown as a registered pupil at the school in its Register.
3
This paragraph applies where the permanent exclusion from a maintained school of any pupil, who attained the age of 15 during the period of twelve months ending on the 31st August in the year immediately preceding the year in which the reporting school year begins, takes effect on or after the beginning of the reporting school year and who, as at the third Thursday in January in that school year, is not shown as a registered pupil at the school in its Register.
4
Where any pupil who has been permanently excluded from a school as referred to in paragraph (2) or (3) is thereafter and before the third Friday in January in the reporting school year, admitted to any maintained school (referred to in this paragraph as “the admitting school”), the governing body of the admitting school shall provide to the authority, within two weeks of the third Thursday in January in each reporting school year, the information referred to in Part II of Schedule 10 in respect of the pupil.
5
For the purposes of this regulation and Schedule 10, the permanent exclusion of a pupil takes effect on the first school day on which the pupil misses a school session as a result of that permanent exclusion.
PART IV
Provision of Information
Provision of information about second and third key stage assessment results to the National Data Collection Agency
14
1
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall, each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part I of Schedule 7.
2
The governing body of every maintained school and the proprietor of every CTC which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, or in the case of a CTC has registered pupils aged 14, shall each year, on or before 11th July, provide to the National Data Collection Agency the information relating to assessment referred to in Part II of Schedule 7.
Provision of information about second and third key stage assessments to the external marking agency
15
1
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the second key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part III of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 5(3) of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999 .
2
The governing body of every maintained school which, in the assessment term of the reporting school year, has registered pupils who are at or near the end of the final year of the third key stage, shall each year, as soon as reasonably practicable after the last school day on which NC tests are administered to those pupils in each subject, provide the information referred to in Part IV of Schedule 7 to the external marking agency determined by the Qualifications and Curriculum Authority and notified by them to the head teacher of the school pursuant to article 10(3) of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 .
PART V
Publication of Information
Publication of performance information about primary schools by local education authorities
16
1
Each authority shall publish the information about schools it maintains referred to in paragraphs (2) to (5) together with the supplementary information referred to in paragraph (6), in the form and manner referred to, respectively, in paragraphs (7) and (8).
2
The information to be published is information for the reporting school year calculated by the Secretary of State and provided to the authority, consisting of, in respect of each maintained primary or middle deemed secondary school which has registered pupils at or near the end of the final year of the second key stage, the following —
a
the number of registered pupils at or near the end of the final year of the second key stage; and
b
in the case of each such school which has eleven or more registered pupils at or near the end of the final year of the second key stage —
i
the percentage of such pupils who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by NC tests;
ii
the percentage of such pupils who, in respect of each core subject, failed to achieve a level on the National Curriculum level scale because they were exempted from an NC test under section 364 or 365 of the 1996 Act or were absent on the day that the test was administered, and
iii
the average point score calculated by the Secretary of State based on the levels achieved by such pupils in the NC tests.
3
The information to be published is information for the reporting school year calculated by the Secretary of State and provided to the authority, consisting of, in respect of every maintained primary school, the following —
a
the number of registered pupils except boarding pupils of compulsory school age; and
b
the percentage of morning and afternoon sessions in a school day missed by such pupils because of authorised or unauthorised absences.
4
The information to be published is the information for the reporting school year referred to in Schedule 6 and provided to the Secretary of State by the governing body of every maintained primary or middle deemed secondary school.
5
The local education authority shall also publish information as to the number of registered pupils referred to in paragraphs 5, 6 and 8 of Schedule 6 expressed as percentages of the number of registered pupils or the number of registered pupils at or near the end of the final year of the second key stage, as the case may be, at every maintained primary or middle deemed secondary school, except a special school.
6
The supplementary information to be published consists of the following —
a
information for the reporting school year calculated by the Secretary of State giving the average percentage of pupils at or near the end of the final year of the second key stage in the reporting school year who, in respect of each core subject, achieved level 4 or above of the National Curriculum level scale as determined by the results of NC tests, at, respectively —
i
all maintained schools providing primary education which are maintained by the authority; and
ii
all schools providing primary education in England;
b
an average point score calculated by the Secretary of State based on the levels achieved in the NC tests by pupils at or near the end of the final year of the second key stage in the reporting school year at, respectively —
i
all maintained schools providing primary education which are maintained by the authority; and
ii
all schools providing primary education in England;
c
information for the reporting school year calculated by the Secretary of State giving the percentage of morning and afternoon sessions missed in a school day by registered pupils of compulsory school age except boarding pupils because of authorised or unauthorised absences at, respectively —
i
all maintained schools providing primary education which are maintained by the authority; and
ii
all schools providing primary education in England;
d
whether, in respect of each maintained primary or middle deemed secondary school —
i
the school is the holder of a Charter Mark ;
ii
the school test results or the number of pupil absences from the school were significantly affected because the school was in or near an area affected by foot and mouth disease;
iii
no information, or only some information, under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body failed to provide the information concerned to the Secretary of State;
iv
no information or only some information under paragraph (2) is published pursuant to paragraph (1) for the school because the governing body were unable to provide the information to the Secretary of State for reasons beyond their control;
v
no information or only some information under paragraph (2) is published pursuant to paragraph (1) for the school because the school had 10 or fewer registered pupils at or near the end of the final year of the second key stage in the reporting school year;
vi
the governing body failed to confirm to the Secretary of State that they have checked the information referred to in paragraph (2); or
vii
the governing body failed to confirm to the Secretary of State that they checked the information referred to in Schedules 4 and 6;
e
information calculated by the Secretary of State for the reporting school year and each of the three reporting school years immediately preceding it, giving —
i
the sum of the percentage figures referred to under paragraph (2)(b)(i) in respect of each such school, except a special school, to which the information under that paragraph relates;
ii
the sum of the percentage figures referred to under paragraph (6)(a)(i); and
iii
the sum of the percentage figures referred to under paragraph (6)(a)(ii).
7
The information referred to in paragraphs (2) to (6) shall be published —
a
in the case of all maintained primary or middle deemed secondary schools except special schools, in the form specified in Schedule 8, or a form to like effect, provided that the information referred to in paragraph (6)(a), (b), (c) and (e)(ii) and (iii) shall be included on every printed page so published; and
b
in the case of special schools, separately from the information referred to in sub-paragraph (a) of this regulation and in the form specified in Schedule 8, or a form to like effect, provided that the information referred to in paragraph (6)(a), (b) and (c) shall be included on every printed page so published.
8
a
The information referred to in paragraphs (2) to (6) shall be published in the following manner.
b
The information shall be published without charge within three weeks of the date of a written request from the Secretary of State by —
i
providing three copies of a document and a computer disk containing the information to the Secretary of State;
ii
providing a copy of the information to the governing body of every maintained school and the proprietor of every CTC in the area of the authority;
iii
providing a copy of the information to any person providing nursery education, other than at a school, in the area of the authority; and
iv
making available copies of the document containing the information at each public library in the area of the authority.
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
22nd October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County of Cumbria (Electoral Changes) (Amendment) Order 2001.
2
This Order shall come into force on the day after that on which it is made.
Amendment of Order
2
The County of Cumbria (Electoral Changes) Order 2000 is amended, in column (2) of the Schedule under the heading, “In the district of Eden”, —
a
by the deletion of “Crosby Ravensworth” in the division of “Kirkby Stephen”; and
b
in respect of the column (1) entry “Eden Lakes”, by the insertion of the ward of “Crosby Ravensworth”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th March 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Williams Communications UK Limited) Order 2001 and shall come into force on 17th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander
Minister of State for ECommerce, and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) (No. 3) Regulations 2001 and shall come into force on 12th December 2001.
2
These Regulations extend to England only.
Amendment of 2000 Regulations
2
At the end of regulation 4 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 there shall be inserted —
9
Subject to paragraph (10), where during 2001 the electoral register or registers having effect for an authority’s area have been published in an amended form —
a
for the purposes of this regulation any reference to the register or registers published in 2001 shall be construed as a reference to the first register or registers published in that year; and
b
following the later publication in that year of any register or registers —
i
the proper officer of the authority in question shall not be obliged to re-compute or publish the number that is equal to 5 per cent of the number of local government electors for the area by reference to the electors shown on that later register or those later registers; and
ii
where, pursuant to this regulation, any verification number has been published in relation to that later register or those later registers, that verification number shall be disregarded for the purposes of these Regulations and regulation 4(3) and (4) of the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) Regulations 2001 .
10
If before 12th December 2001 the proper officer has published a verification number in relation to a later register or registers in that year and after the date of publication of that number but before 12th December 2001 any person has presented a petition pursuant to these Regulations, that verification number shall be regarded as the verification number that applies for all purposes in relation to that petition
.
Amendment of 2001 Regulations
3
In regulation 4(3) of the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) Regulations 2001, after the words “paragraph (1) above” there shall be inserted “and the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) (No. 3) Regulations 2001”.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions.
Nick Raynsford
Minister of State
Department for Transport Local Government and the Regions
7th December 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Countryside and Rights of Way Act 2000 (Commencement No. 1) Order 2001.
2
In this Order references to sections, Parts and Schedules are references to sections and Parts of, and Schedules to, the Act.
3
This Order applies in relation to England only .
Appointed days
2
1
30th January 2001 is the day appointed for the coming into force of the following provisions of the Act —
a
section 57 (amendments to the 1980 Act and other Acts) in so far as it gives effect to the substitutions referred to in sub-paragraphs (e) and (f) below;
b
section 72 (interpretation provisions of Part II);
c
section 100 (application of the Act to the Isles of Scilly) except subsections (3) and (5)(a);
d
section 102 (which introduces Schedule 16) in so far as it relates to:
i
the provision in Schedule 16 referred to in sub-paragraph (g) below; and
ii
Parts III and IV of Schedule 16 (repeals relating to sites of special scientific interest and wildlife);
e
paragraph 18(a) of Schedule 6 (amendments to the 1980 Act) to the extent that in section 325(1)(d) of the 1980 Act it substitutes for “118, 119,” references to sections 118, 118A, 119 and 119A;
f
paragraph 19 of Schedule 6 to the extent that in section 326(5) of the 1980 Act it substitutes for “a public path diversion order” references to a rail crossing extinguishment order, a public path diversion order and a rail crossing diversion order; and
g
Part II of Schedule 16 (repeals relating to public rights of way and road traffic) in so far as it repeals part of section 22(1)(a) of the Road Traffic Regulation Act 1984 .
2
1st April 2001 is the day appointed for the coming into force of the following provisions of the Act —
a
section 46(1)(b) (repeals of sections 61 to 63 of the National Parks and Access to the Countryside Act 1949 );
b
section 46(3) (which introduces Schedule 4) in so far as it relates to the provisions of Schedule 4 referred to in sub-paragraph (j) below;
c
section 68 (vehicular access across common land);
d
section 70(2) and (4) (minor amendments);
e
Part IV (designation and management of areas of outstanding natural beauty) (and accordingly Schedules 13, 14 and 15);
f
section 96 (amendments to section 39 of the 1981 Act );
g
section 97 (duties of public bodies regarding the Norfolk and Suffolk Broads);
h
section 100(3) (application of provisions relating to areas of outstanding natural beauty to the Isles of Scilly);
i
section 102 in so far as it relates to the provisions in Schedule 16 referred to in sub-paragraphs (k) to (m) below;
j
paragraphs 1, 4, 5 and 6 of Schedule 4;
k
Part 1 of Schedule 16 (repeals relating to access to the countryside) except in so far as it repeals:
i
section 193(2) of the Law of Property Act 1925 ;
ii
paragraph 35A of Schedule 17 to the Local Government Act 1972 ; and
iii
paragraph 13 of Schedule 6 to the Local Government (Wales) Act 1994 ;
l
Part II of Schedule 16 in so far as it repeals section 134(5) of the 1980 Act; and
m
Parts V and VI of Schedule 16 (repeals relating to areas of outstanding natural beauty and the 1981 Act).
Transitional provision
3
The repeal of section 134(5) of the 1980 Act commenced by article 2(2)(d) and (1) shall not have effect in relation to any offence under section 134 of that Act committed before 1st April 2001.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Michael Meacher
Minister of State
Department of the Environment, Transport and the Regions
22nd January 2001