text:
Citation and commencement
1
1
This Order may be cited as the Llanelli (North Dock) Harbour Revision Order 2000.
2
The Llanelly Harbour Acts and Orders 1858 to 1997, the Llanelli Borough Council (River Lliedi) Act 1992 and this Order may be cited together as the Llanelli Harbour Acts and Orders 1858 to 2000.
3
This Order shall come into force on 3rd February 2000.
Interpretation
2
1
In this Order unless the context otherwise requires–
“authorised works” means Works Nos. 1 and 2 and any other works authorised by this Order, or any part of such works;
“the Council” means the Carmarthenshire County Council;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections (numbered Sheets 1 and 2) prepared in duplicate, signed by the Head of Ports Division in the Department of the Environment, Transport and the Regions and marked “Llanelli (North Dock) Harbour Revision Order 2000–Plans and Sections” one copy of which is deposited at the offices of the Department of the Environment, Transport and the Regions and the other at the offices of the Council at County Hall, Carmarthen, SA31 1JP;
“the harbour” means the port and harbour of Llanelli in the county of Carmarthenshire;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plans;
“North Dock” means the part of the harbour known as such which is situated to the north of the relevant part of the river Lliedi;
“reference point” means Ordnance Survey National Grid reference point;
“the relevant part of the river Lliedi” means so much of the river Lliedi in Llanelli forming part of Lliedi Haven as lies to the north of an imaginary straight line drawn between reference point SS249858 199407 and reference point SS249893 199421 shown on the deposited plans;
“tidal work” means so much of any work authorised by this Order as is on, under or over tidal waters;
“Trinity House” means the Corporation of Trinity House of Deptford Strond.
2
All distances and lengths stated in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance or length.
Power to construct, etc. , works
3
1
Subject to the provisions of this Order, the Council may, in the lines and situations and within the limits of deviation shown on the deposited plans and according to the levels shown on the deposited sections, construct and maintain the works hereinafter described in the County of Carmarthenshire with all necessary works and conveniences connected therewith–
Work No. 1
A fixed bridge across the entrance to North Dock having a length of 27.5 metres and a width of 15.2 metres, commencing west of that entrance at reference point SS249852 199435, extending in an easterly direction and terminating east of that entrance at reference point SS249879 199440.
Work No. 2
An impounding wall, incorporating a reinforced concrete cill with weir penstock and sluices bounded at both ends by existing walls at the entrance to North Dock having a length of 19.2 metres and a width of 2.5 metres commencing at reference point SS249853 199453 and extending in an easterly direction and terminating at reference point SS249872 199456.
2
The Council may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the authorised works.
Power to make subsidiary and accommodation works
4
Subject to the provisions of this Order, the Council may from time to time construct and maintain within the limits of deviation all such works, conveniences, appliances and apparatus as they from time to time deem necessary or expedient for the purposes of or in connection with or incidental to the construction, maintenance and use of the works authorised by article 3 above.
Works in North Dock
5
The Council may carry out works for raising the level, and improving the surface, of the base of North Dock.
Power to dredge for purposes of authorised works, etc.
6
1
The Council, for the purposes of constructing and maintaining the authorised works, may from time to time deepen, widen, dredge, scour, cleanse, alter and improve the bed of the sea and foreshore of the harbour and the approaches thereto and may blast any rock within the harbour or in such approaches.
2
Subject to paragraph (3) below, all materials dredged up or removed by the Council in exercise of the powers of this article shall be the property of the Council and may be used, sold, deposited or otherwise disposed of as the Council think fit.
3
No such materials shall be laid down or deposited–
a
in contravention of the provisions of any enactment as respects the disposal of waste; or
b
in any place below the level of high water otherwise than in such position and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
Power to deviate
7
In constructing the works authorised by article 3 above the Council may deviate laterally from the lines or situations thereof shown on the deposited plans to the extent of the limit of deviation and may deviate vertically from the levels of those works shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Tidal works not to be executed without approval of Secretary of State
8
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article–
a
the Secretary of State may by notice in writing require the Council at their own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Council they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Provision against danger to navigation
9
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, the Council shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse the Council fail to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
10
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require the Council at their own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Council, they have failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Council.
Survey of tidal works
11
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Council.
Permanent lights on tidal works
12
1
After the completion of a tidal work the Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Council to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
13
1
The Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation, as the Secretary of State shall from time to time direct.
2
If the Council fail to comply in any respect with a direction given under this article, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for the Council to prove that all due diligence was used to secure compliance with the direction.
Extinguishment of rights of navigation over river Lliedi and North Dock
14
1
Notwithstanding anything contained in the Llanelly Harbour Acts and Orders 1858 to 1997 or any other enactment or rule of law to the contrary, any existing right of navigation over the relevant part of the river Lliedi and North Dock shall be extinguished on the completion of the construction of the works authorised by article 3 above.
2
As from the completion of the construction of the works authorised by article 3 above, Carmarthenshire County Council shall be under no obligation to maintain and manage the relevant part of the river Lliedi or North Dock; and, accordingly, any powers, rights, liabilities and obligations relating to the relevant part of the river Lliedi or to North Dock which may be conferred or imposed on Carmarthenshire County Council by the Llanelly Harbour Acts and Orders 1858 to 1997 or otherwise shall cease.
Crown rights
15
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Council to take, use, enter upon or in any manner interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary)–
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those Commissioners; or
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Department of the Environment, Transport and the Regions
13th January 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2000 and shall come into force on 1st April 2000.
Amendment of Regulations
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended in accordance with the following provisions of these Regulations.
Periods for proposals: 1990 and 1995 lists
3
1
In regulation 4 (which applies to a list compiled on 1st April 1990), in paragraph (4), after the words “the decision was given” insert the words “but in either case before 1st April 2001”.
2
In regulation 4B–
a
for the heading and opening words to “1st April 1995” in paragraph (1) substitute the following–
Periods in which proposals may be made: 1995 list
4B
1
Subject to paragraphs (2) to (4), a proposal to alter a list compiled on 1st April 1995
; and
b
in paragraph (3), for the word “later” substitute “earlier”.
Periods for proposals: 2000 list onwards
4
1
After regulation 4B, insert the following regulation:
Periods in which proposals may be made: 2000 and subsequent lists
4C
1
Subject to paragraphs (2) to (4), a proposal to alter a list compiled on or after 1st April 2000 may be made at any time before the day on which the next list is compiled.
2
A proposal on the ground set out in regulation 4A(1)(c) may only be made within six months of the date of the alteration.
3
A proposal on the ground set out in regulation 4A(1)(d) may only be made within six months of either the decision in question or the day on which the next list is compiled, whichever is the earlier.
4
A proposal on the ground set out in regulation 4A(1)(e) may only be made within six months of the day on which the alteration in the list was made.
.
2
In regulation 5A (manner of making proposals and information to be included), in paragraph (1)(d)(iii) after “regulation 4B(4)”, insert “or 4C(4) ”.
3
In regulation 7 (proposals treated as invalid), in both paragraphs (3)(a) and (4), after “regulation 4B” insert “or regulation 4C”.
Time from which alteration is to have effect
5
1
In regulation 13–
a
for the heading and paragraph (1), substitute the following–
Time from which alteration is to have effect: pre-2000 lists
13
1
This regulation has effect subject to regulations 15, 16 and 44 and in relation to any list compiled before 1st April 2000.
; and
b
add after paragraph (8B) the following paragraph–
8C
Notwithstanding the foregoing provisions of this regulation, where an alteration falls to be made after 31st March 2001 it shall have retrospective effect only if it is made in pursuance of a proposal.
.
2
After regulation 13 insert the following–
Time from which alteration is to have effect: general
13A
1
This regulation has effect subject to regulation 44 and in relation to alterations to a list compiled on or after 1st April 2000.
2
Subject to paragraphs (3) and (14), when an alteration is made to correct any inaccuracy in the list on the day it was compiled, then
a
where the alteration is made in pursuance of a proposal, it shall have effect as follows–
i
if the proposal is served on the valuation officer on or before 30th September in the financial year in which the list is compiled, from the date on which the list is compiled;
ii
if the proposal is served on the valuation officer after 30th September in that year but before the end of that year, from 1st October in that year;
iii
if the proposal is served on the valuation officer after the end of that year, from the first day in the financial year in which a proposal is served;
b
where the alteration is not made in pursuance of a proposal, the alteration shall have effect from the first day of the financial year in which the alteration is made.
3
Subject to paragraph (11), an alteration made as a consequence of a hereditament coming into existence or ceasing to exist in the circumstances described in paragraph (4) shall have effect from the day on which the circumstances giving rise to the alteration occurred.
4
The circumstances mentioned in paragraph (3) are those in which–
a
property previously rated as a single hereditament becomes liable to be rated in parts, or
b
property previously rated in parts becomes liable to be rated as a single hereditament, or
c
any part of a hereditament becomes part of a different hereditament.
5
Subject to paragraphs (7), (11) and (14)–
a
where the alteration is made in pursuance of a proposal on the grounds of material change of circumstances other than the change to which paragraph (3) or (9) applies, the alteration shall have effect from the day on which the circumstances giving rise to the alteration first arose, or the first day of the financial year in which the proposal is served whichever is the later;
b
where the alteration is made on the grounds of a material change of circumstances other than a change to which paragraph (3) or (9) applies, and is not made in pursuance of a proposal, the alteration shall have effect from the day on which the circumstances giving rise to the alteration arose or the first day of the financial year in which the alteration is made, whichever is the later.
6
Subject to paragraphs (7), (11) and (14), where an alteration is made so as–
a
to show in the list a hereditament which, since the list was compiled–
i
has come into existence; or
ii
has ceased to be exempt from non-domestic rating; or
iii
has ceased to be, or become, required to be shown in the central list; or
iv
has ceased to be, or come to form, a part of an authority’s area by virtue of a change in that area; or
b
to reflect in a list part of a hereditament which, since the list was compiled, has ceased to be exempt,
the alteration shall have effect from–
aa
where it is made in pursuance of a proposal the day that would apply under paragraph (5)(a); or
bb
where it is not made in pursuance of a proposal, the day that would apply under paragraph (5)(b).
7
For the purpose of paragraphs (5) and (6) where the alteration is made in pursuance of a proposal served during April in any financial year subsequent to that in which a list is compiled and the circumstances giving rise to the alteration first arose in March immediately preceding the month of April in which the proposal is served, then the proposal shall be treated as served in that preceding month.
8
Notwithstanding paragraph (5), where an alteration is made–
a
to show in or delete from a list any hereditament which, since the list was compiled–
i
has ceased to exist,
ii
has become or has ceased to be domestic property, or
iii
has become exempt from non-domestic rating, or
b
to reflect in a list part of a hereditament becoming or ceasing to be domestic property or becoming exempt,
the alteration shall have effect from the day on which the circumstances giving rise to the alteration occurred.
9
Subject to paragraph (10), but notwithstanding the foregoing provisions of this regulation, where a list is altered to give effect to a completion notice, the alteration shall have effect from the day specified in the notice.
10
Where under Schedule 4A a different day is–
a
substituted by a different notice under paragraph 1(3),
b
agreed under paragraph 3, or
c
determined in pursuance of appeal under paragraph 4
the alteration shall have effect from the day so substituted, agreed or determined.
11
Where for the purposes of paragraph (3), (5), (6) or (8), the day on which the relevant circumstances arose is not reasonably ascertainable–
a
where the alteration is made in pursuance of a proposal, the alteration shall have effect from the day on which the proposal was served on the valuation officer; and
b
in any other case, the alteration shall have effect from the day on which it is made.
12
Notwithstanding the foregoing provisions of this regulation, where an alteration is made because the rateable value or any other information shown in the list for a hereditament is shown, by reason of a decision of a valuation tribunal, the Lands Tribunal or a court determining an appeal or application for review from either such tribunal, to be or to have been inaccurate, the alteration shall have effect from the day on which the list became inaccurate.
13
Subject to paragraph (14), an alteration made to correct an inaccuracy in a list which arose in the course of making an alteration in connection with any of the matters mentioned in foregoing paragraphs of this regulation shall have effect–
a
if made in pursuance of a proposal, from the day on which the previous alteration fell to have effect; or
b
in any other case, from that day or from the first day in the financial year in which the correcting alteration is made, whichever is the later.
14
An alteration made to correct an inaccuracy (other than one which has arisen by reason of an error or default on the part of a ratepayer)–
a
in the list on the day it was compiled; or
b
which arose in the course of making a previous alteration in connection with the matters mentioned in the foregoing paragraphs of this regulation
which increases the rateable value shown in the list for the hereditament to which the inaccuracy relates shall have effect from the day on which the alteration is made.
.
Advertising rights
6
In regulation 14(1), for “regulation 13” substitute “regulations 13 and 13A”.
Central rating list
7
In regulation 19(2), insert in the appropriate place in the list of regulations the following–
“4C” and “13A (except paragraphs (6)(a)(iv), (9) and (10))”
.
Evidence — General
8
In regulation 41–
a
in paragraph (3)(a), for “two” substitute “three”, and omit the words “specifying in relation to any information to be so used the documents or other media in or on which that information is held and the hereditament or hereditaments to which it relates”, and
b
after paragraph (3)(a) delete “and” and insert the following–
aa
the notice specifies in relation to any information to be so used–
i
the documents or other media in or on which that information is held;
ii
the hereditament or hereditaments to which it relates, and the rateable value or rateable values in the list current at the date of the notice;
iii
the name and address of the person providing the information; and
iv
a summary of the terms of any lease (including the rent, dates of rental reviews and description of the repairing obligations); and
.
Service of notices
9
In regulation 50–
a
after paragraph (1)(a) insert–
aa
by sending it to that person or that agent by fax or E-mail (electronic mail), or other similar means which are capable of producing a document containing the text of the notice;
;
b
for paragraph (4)(b) substitute–
b
delivering it or sending it to his office by post or by the electronic means described in paragraph (1)(aa) (and where E-mail or fax is used to the address or fax number given for that purpose by the valuation officer or on his behalf).
;
c
in paragraph (5), after sub-paragraph (a), omit “and” and add after sub-paragraph (b)–
and
c
any notice sent by the means described in paragraph (1)(aa) shall be regarded as sent when it is received in a legible form.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
7th March 2000


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 3) Order 2000 and shall come into force on 1st September 2000.
2
The Education (School Teachers' Pay and Conditions) (No. 2) Order 1999 and the Education (School Teachers' Pay and Conditions) Order 2000 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 2000” (“ the Document ”) shall have effect from 1st September 2000 with the modifications set out in article 4.
4
The Document is amended as follows:
a
in paragraph 1.2 —
i
the definitions of “assessor”, “fast-track teacher”, “performance threshold”, “post-threshold teacher”, “teacher who has passed the threshold” and “threshold assessment” are omitted, and
ii
in the definition of “the 1999 Document” and “the Education School (School Teachers' Pay and Conditions) (No. 2) Order 2000” are omitted;
b
paragraphs 3.1(c), and 3.5 are omitted;
c
in paragraph 3.3(b) “under paragraph 19 or” are omitted;
d
in paragraph 11.3.2 the following is substituted for sub-paragraph (a) —
a
£25,959;
;
e
paragraph 17.1 is omitted;
f
paragraph 18.3 is omitted;
g
in paragraph 18.4 —
i
“and paragraph 18.3.2” are omitted, and
ii
“18.1 and 18.2” are substituted for “18.1, 18.2 and 18.3”;
h
paragraph 19 is omitted;
i
in paragraphs 26(a) and 27.1(a) the words from “, or in the case” to the end of each sub-paragraph are omitted;
j
in paragraph 29.3.2, the words from “, unless” to the end of the paragraph are omitted;
k
in paragraph 30.2 “subject to paragraphs 30.3 and 30.5,” are omitted;
l
paragraphs 30.3 and 30.5 are omitted;
m
for paragraph 30.4 there is substituted —
30.4
A classroom teacher who was last employed as a head teacher, deputy head teacher or assistant head teacher shall not be paid at less than point 9 on the pay scale set out in paragraph 17.3.
;
n
in paragraph 30.6 —
i
in sub-paragraph (a) “paragraph 30.2” is substituted for “paragraphs 30.2 to 30.4”, and
ii
in sub-paragraph (b) “paragraph 30.4” is substituted for “paragraphs 30.3 and 30.4”;
o
in paragraph 37.5(d) —
i
“18.1 or 18.2” are substituted for “18.1, 18.2 or 18.3”, and
ii
“or an increase in salary caused by the teacher having become entitled to be paid as a post-threshold teacher” are omitted;
p
in paragraph 40.4 —
i
in paragraph (a) the words from “who is not” to “arises” are omitted, and
ii
paragraph (b) is omitted;
q
in paragraph 40.12(d)(i) “19,” is omitted;
r
paragraph 51.8.6 is omitted; and
s
in paragraph 58.11.1, the words from “and assisting” to the end of the paragraph are omitted.
Malcolm Wicks
Parliamentary Under Secretary of State,
Department for Education and Employment
25th August 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Purcell School) Regulations 2000 and shall come into force on 1st January 2001.
Payment of grant
2
The Secretary of State may on or before 28th February 2001 pay a grant of such amount as he may determine to the governors of the Purcell School (“the School”) in respect of expenditure incurred or to be incurred by the governors, on, or in connection with, the refurbishment of the School’s premises at Aldenham Road, Bushey, Hertfordshire.
Conditions of payment
3
The payment of grant under these Regulations shall be dependant on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where a grant is paid under these Regulations the governors of the School shall comply with such requirements (including requirements as to the repayment of the grant or the payment to the Secretary of State of other sums representing the value of the refurbishment carried out with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
Estelle Morris
Minister of State,
Department for Education and Employment
26th November 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Pension Sharing on Divorce) Regulations 2000.
2
These Regulations shall come into force on 1st December 2000.
Pension sharing and the Local Government Pension Scheme Regulations 1995
2
1
This regulation applies to persons specified in regulation 4(2)(a) of the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 (deferred members and pensioner members who immediately before 1st April 1998 were deferred members or pensioner members of the Scheme and who do not on or after that date become active members of the Scheme) who are also pension debit members.
2
Where the shareable rights of a person to whom this regulation applies become subject to a pension debit —
a
the benefits payable to him shall be reduced to take into account that debit; and
b
the amount of the reduction shall be calculated in accordance with guidance issued by the Government Actuary.
3
For the purposes of calculating —
a
a deferred pensioner’s children’s long-term pension under regulation G5 of the Local Government Pension Scheme Regulations 1995 ;
b
a pensioner’s children’s long-term pension under regulation G6 of those regulations; or
c
a pensioner’s children’s short-term pension under regulation G7 of those regulations
the reference to the deceased’s retirement pension shall be to the retirement pension to which the deceased would have been entitled had his shareable rights not been subject to a pension debit.
4
In this regulation, expressions used in the Local Government Pension Scheme Regulations 1995, the Local Government Pension Scheme Regulations 1997 (as amended by these Regulations) and the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 have the same meanings as in those regulations.
Amendment of the Local Government Pension Scheme Regulations 1997
3
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with the Schedule to these Regulations.
The Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998
4
In regulation 5(6) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 for “(except those incurred in connection with a FSAVC scheme) may be paid from it” substitute —
may be paid from it except —
those incurred in connection with an FSAVC scheme, and
those costs and charges prescribed by regulations made under sections 23, 24 or 41 of the Welfare Reform and Pensions Act 1999 which the adminstering authority is enabled to recover by or under any such regulations
.
Signed by authority of the Secretary of State
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
9th November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield Health Authority (Transfers of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order–
“the Authority” means the Sheffield Health Authority;
“the new trustees” means–
in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Central Sheffield University Hospitals National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Community Health Sheffield National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Northern General Hospital National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 8th March 2000, prepared by, agreed upon by and signed on behalf of the Authority and the trustees for the Sheffield Children’s Hospital National Health Service Trust, the trustees for that trust;
“the trust property” means–
in relation to the trustees for the Central Sheffield University Hospitals National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,
in relation to the trustees for the Community Health Sheffield National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,
in relation to the trustees for the Northern General Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees,
in relation to the trustees for the Sheffield Children’s Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Authority and those trustees.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Authority to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Authority in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the National Health Service Trust for which the new trustees are appointed.
Signed by Authority of the Secretary of State for Health.
John Denham
Minister of State,
Department of Health
9th March 2000


text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 2000/01) (England) Regulations 2000 and shall come into force on 1st April 2000.
Rate of discount
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 2000 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 7.9 per cent.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State
Department of the Environment, Transport and the Regions
7th February 2000


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment No. 5) Order 2000.
2
In this Order, “the principal Order ” means the Export of Goods (Control) Order 1994 .
3
This article and Article 2 of this Order shall come into force on 30th August 2000. Articles 3 and 4 of this Order come into force on 31st August 2000.
2
The Export of Goods (Control) (Amendment No. 4) Order 2000 is revoked.
3
In Article 8(5) of the principal Order, the words after “at” shall be replaced by the words “the Applicant Services and Compliance Unit, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.”.
4
1
The following amendments shall be made in Part III of Schedule 1 to the principal Order.
2
In entry PL 5031.a.:
a
the word “utility” shall be deleted; and
b
after “protection” there shall be inserted —
except:
1
vehicles designed or fitted out for the transportation of valuables or funds;
2
vehicles fitted with, or designed or modified to be fitted with, a plough or flail for the purpose of land mine clearance.
.
3
Entry PL 5001.c. shall be replaced by the following text —
c
Restraints specially designed for restraining human beings, as follows:
1
Leg-irons;
2
Gangchains;
3
Electric shock belts;
4
Shackles having a maximum locked dimension exceeding 240mm overall (i.e., including cuffs and connecting chain);
5
Individual cuffs having an internal perimeter dimension when fully locked exceeding 165mm and shackles made therewith.
.
Kim Howells,
Parliamentary Under-Secretary of State for Consumer and Corporate Affairs,
Department of Trade and Industry
22nd August 2000


text:
1
This Order may be cited as the A4 Trunk Road (Great West Road, Hounslow) (Prescribed Routes) Order 2000 and shall come into force on 20th March 2000.
2
In this Order:
“the trunk road” means that length of the A4 Trunk Road in the London Borough of Hounslow known as Great West Road;
“northern crescent road and southern crescent road” means the crescent roads situated to the north and to the south respectively of the trunk road immediately north of Riverbank Way in the London Borough of Hounslow;
“northern traffic island” means the semi-circular island site situated between the northern crescent road and the north eastern bound carriageway of the trunk road;
“southern traffic island” means the semi-circular island site situated between the southern crescent road and the south west bound carriageway of the trunk road;
“south west traffic island” means the splitter island 10.4 metres to the south west of the south western point of the southern traffic island; and
“central reservation” means that part of Great West Road which separates its two carriageways for the safety and guidance of vehicles using that road.
3
Save as provided in article 4 below, no person shall cause or permit any vehicle —
a
to proceed through the gap in the central reservation which lies between the northern traffic island and the southern traffic island;
b
proceeding in the north east bound carriageway of the trunk road to make a U-turn through the gap in the central reservation which lies opposite the south western junction of the trunk road with the northern crescent road so as to proceed in the opposite direction;
c
proceeding in the south west bound carriageway of the trunk road and having passed to the north west of the southern traffic island to proceed in any direction other than straight ahead;
d
proceeding in the north east bound carriageway of the trunk road to turn right through the gap in the central reservation at the south western junction of the trunk road with the northern crescent road;
e
having proceeded in a generally south westerly direction along the southern crescent road to the junction between the southern crescent road and the trunk road at a point between the southern traffic island and the south west traffic island to proceed in any direction other than straight ahead;
f
entering the main north east bound carriageway of the trunk road from the northern crescent road to proceed in any direction other than left;
g
having passed to the south of the south west traffic island and entering the south west bound carriageway of the trunk road to proceed in any direction other than left;
h
to proceed in any direction other than clockwise in a general easterly direction on the northern crescent road; or
i
to proceed in any direction other than clockwise in a general westerly direction on the south crescent road.
4
Nothing in article 3 above shall apply to —
a
any vehicle being used for Police, Fire Brigade or Ambulance purposes; or
b
anything done at the direction or with the permission of a police constable in uniform or a traffic warden.
Signed by authority of the Secretary of State forthe Environment, Transport and the Regions
P. Harwood
a Grade 7 Officer Highways Agency London Network and Customer Services Division
15th March 2000


text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Non-Domestic Rating (Unoccupied Property) (England) (Amendment) Regulations 2000 and shall come into force on 1st April 2000.
Property liable for unoccupied rates
2
Regulation 2(2)(g) of the Non-Domestic Rating (Unoccupied Property) Regulations 1989 shall have effect in respect of a hereditament shown in a non-domestic rating list compiled on or after 1st April 2000 as if for “ £1,500” there were substituted “£1,900”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
28th February 2000


text:
Title, commencement and interpretation
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (Amendment) Order 2000 and shall come into force on 1st September 2000.
Amendment of the principal Order
2
For Schedule 1 to the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000 , there shall be substituted the Schedule set out in the Schedule to this Order.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
19th July 2000
John Reid
Secretary of State for Scotland
21st July 2000
Paul Murphy
Secretary of State for Wales
24th July 2000
Peter Mandelson
Secretary of State for Northern Ireland
20th July 2000


text:
Citation, commencement, and extent
1
1
These Rules may be cited as the Town and Country Planning (Inquiries Procedure) (England) Rules 2000.
2
These Rules shall come into force on 1st August 2000.
3
These Rules extend to England only.
Interpretation
2
In these Rules —
“applicant” in the case of an appeal, means the appellant;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act ;
“development order” has the meaning given in section 59 of the Planning Act ;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means in relation to —
a referred application, the body who would otherwise have dealt with the application;
an appeal, the body who were responsible for dealing with the application occasioning the appeal;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;
“relevant notice” means the Secretary of State’s written notice informing the applicant and the local planning authority that an inquiry is to be held;
“the 1992 Rules ” means the Town and Country Planning (Inquiries Procedure) Rules 1992 ;
“starting date” means the date of the —
Secretary of State’s written notice to the applicant and the local planning authority that he has received all the documents required to enable him to entertain the application or appeal; or
relevant notice,
whichever is the later;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the applicant, which contains agreed factual information about the proposal, which is the subject of the application or appeal;
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995 whose representations the Secretary of State is required by paragraph (3) of that article to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.
Application of Rules
3
1
These Rules apply in relation to any local inquiry caused by the Secretary of State to be held in England before he determines —
a
an application for planning permission referred to him under section 77, or an appeal to him under section 78, of the Planning Act;
b
an application for listed building consent referred to him under section 12, or for variation or discharge of conditions referred to him under that section as applied by section 19, or an appeal to him under section 20, of the Listed Buildings Act;
c
an application for conservation area consent referred to him under section 12 (including an application to which that section is applied by section 19), or an appeal to him under section 20, of the Listed Buildings Act as those sections are applied by section 74(3) of that Act,
but do not apply to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000 or Rules superseded by those Rules any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of the relevant notice, forthwith inform the Secretary of State and the applicant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall, as soon as practicable thereafter, inform the applicant and the local planning authority in writing of the name and address of any statutory party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the starting date inform the person concerned of the inquiry and, unless they have already done so, that person shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
4
Subject to paragraph (5), the local planning authority shall ensure that within 2 weeks of the starting date —
a
the Secretary of State and the applicant have received a completed questionnaire and a copy of each of the documents referred to in it;
b
any —
i
statutory party; and
ii
other person who made representations to the local planning authority about the application occasioning the appeal,
has been notified that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
5
The requirements of the previous paragraph do not apply in respect of referred applications.
Procedure where Secretary of State causes pre-inquiry meeting to be held
5
1
The Secretary of State shall hold a pre-inquiry meeting —
a
if he expects an inquiry to last for 8 days or more, unless he considers it is unnecessary;
b
in respect of shorter inquiries, if it appears to him necessary.
2
Where the Secretary of State decides to hold a pre-inquiry meeting the following provisions shall apply —
a
the Secretary of State shall send with the relevant notice —
i
notice of his intention to hold a pre-inquiry meeting;
ii
a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the application or appeal in question and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 4(2)(c), the Secretary of State shall set this out in his statement;
b
the Secretary of State shall send a copy of the statement described in the previous paragraph to the Minister or government department concerned;
c
the local planning authority shall publish in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to hold a pre-inquiry meeting and of the statement sent in accordance with paragraph (2)(a)(ii) above; and
d
the applicant and the local planning authority shall ensure that within 8 weeks of the starting date 2 copies of their outline statement have been received by the Secretary of State.
3
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the applicant and a copy of the applicant’s outline statement to the local planning authority.
4
Where rule 4(2) applies, the local planning authority shall —
a
include in their outline statement —
i
the terms of any direction given together with a statement of the reasons for it; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (2)(d) send a copy of their outline statement to the person concerned.
5
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to send an outline statement to him, the applicant and the local planning authority and the person shall ensure that they are received by the Secretary of State, the applicant and the local planning authority within 4 weeks of the date of the Secretary of State’s written requirement.
6
The pre-inquiry meeting (or, where there is more than one, the first pre-inquiry meeting) shall be held within 16 weeks of the starting date.
7
The Secretary of State shall give not less than 3 weeks written notice of the pre-inquiry meeting to —
a
the applicant;
b
the local planning authority;
c
any person known at the date of the notice to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable,
and he may require the local planning authority to take, in relation to notification of the pre-inquiry meeting, one or more of the steps which he may under rule 10(6) require them to take in relation to notification of the inquiry.
8
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
9
Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further pre-inquiry meeting and he shall arrange for such notice to be given of a further pre-inquiry meeting as appears to him necessary; and paragraph (8) shall apply to such a pre-inquiry meeting.
10
If the Secretary of State requests any further information from the applicant or the local planning authority at the pre-inquiry meeting, they shall ensure that 2 copies of it have been received by him and a copy has been received by any statutory party within 4 weeks of the conclusion of the pre-inquiry meeting and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant.
Receipt of statements of case etc.
6
1
The local planning authority shall ensure that within —
a
6 weeks of the starting date, or
b
where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,
2 copies of their statement of case have been received by the Secretary of State and a copy of their statement of case has been received by any statutory party.
2
The local planning authority shall —
a
include in their statement of case —
i
details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below shall be afforded; and
ii
where rule 4(2) applies, the matters mentioned in rule 5(4)(a)(ii), unless they have already included these in an outline statement; and
b
where rule 4(2) applies, within the period specified in paragraph (1) send a copy of their statement of case to the person concerned.
3
The applicant shall ensure that within —
a
in the case of an appeal or a referred application where no pre-inquiry meeting is held pursuant to rule 5, 6 weeks of the starting date, or
b
in any case where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks of the conclusion of that pre-inquiry meeting,
2 copies of their statement of case have been received by the Secretary of State and a copy of their statement of case has been received by any statutory party.
4
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the applicant and a copy of the applicant’s statement of case to the local planning authority.
5
The applicant and the local planning authority may in writing each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in the party’s statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the party who required it.
6
The Secretary of State may in writing require any other person, who has notified him of an intention or wish to appear at an inquiry, to send —
a
3 copies of their statement of case to him within 4 weeks of being so required; and
b
a copy of their statement of case to any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the applicant.
7
The Secretary of State shall as soon as practicable —
a
send to a person from whom he requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the applicant and the local planning authority; and
b
inform that person of the name and address of every person to whom his statement of case is required to be sent.
8
The Secretary of State or the inspector may in writing require any person, who has sent to him a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement of case as he may specify and may specify the time within which the information shall be received by him.
9
A local planning authority or applicant required to provide further information, shall ensure that —
a
2 copies of that information in writing have been received by the Secretary of State, or as the case may be the inspector, within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State, or as the case may be the inspector, shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the applicant and a copy of the further information received from the applicant to the local planning authority.
10
Any other person required to provide further information shall ensure that —
a
3 copies of that information in writing have been received by the Secretary of State, or as the case may be the inspector, within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State, or as the case may be the inspector, shall, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the applicant.
11
Any person other than the applicant who sends a statement of case to the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).
12
Unless he has already done so, the Secretary of State shall within 12 weeks of the starting date send a written statement of the matters referred to in rule 5(2)(a)(ii) to —
a
the applicant;
b
the local planning authority;
c
any statutory party; and
d
any person from whom he has required a statement of case.
13
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s completed questionnaire and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.
14
If the local planning authority or the applicant wish to comment on another person’s statement of case they shall ensure that within 9 weeks of the starting date —
a
2 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments received from the applicant to the local planning authority and a copy of the written comments received from the local planning authority to the applicant.
15
Any person, who sends a statement of case to the Secretary of State under this rule and who wishes to comment on another person’s statement of case, shall ensure that not less than 4 weeks before the date fixed for the holding of the inquiry —
a
3 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and the applicant.
16
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
Further power of inspector to hold pre-inquiry meetings
7
1
Where no pre-inquiry meeting is held pursuant to rule 5, an inspector may hold one if he thinks it necessary.
2
An inspector shall give not less than 2 weeks written notice of a pre-inquiry meeting he proposes to hold under paragraph (1) to —
a
the applicant;
b
the local planning authority;
c
any person known at the date of the notice to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable.
3
Rule 5(8) shall apply to a pre-inquiry meeting held under this rule.
Inquiry timetable
8
1
The inspector shall arrange a timetable for the proceedings at, or at part of, an inquiry where —
a
a pre-inquiry meeting is held pursuant to rule 5; or
b
it appears to the Secretary of State likely that an inquiry will last for 8 days or more.
2
The inspector may arrange a timetable for the proceedings at, or at part of, any other inquiry.
3
The inspector may, at any time, vary the timetable arranged under the preceding paragraphs.
4
The inspector may specify in a timetable arranged pursuant to this rule a date by which any proof of evidence and summary sent in accordance with rule 13(1) shall be received by the Secretary of State.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than —
a
Subject to paragraph (b), 22 weeks after the starting date; or
b
in a case where a pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the conclusion of that meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the relevant period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any variation as appears to him to be reasonable.
6
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
7
Where the land is under the control of the applicant he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice of inquiry published, sent or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the application or appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the application or appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and any documents sent by and copied to the authority pursuant to rule 6 may be inspected.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iii
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
iv
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
any statutory party;
f
the council of the parish in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission;
h
any other person who has sent a statement of case in accordance with rule 6(6) or who has sent an outline statement in accordance with rule 5(5).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Representatives of government departments and other authorities at inquiry
12
1
Where —
a
the Secretary of State or the Commission has given a direction described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed a view described in rule 4(2)(c) and the local planning authority have included the terms of the expression of view in a statement sent in accordance with rule 5(2) or 6(1); or
c
another Minister of the Crown or any government department has expressed a view described in rule 4(2)(c) and the Secretary of State has included its terms in a statement sent in accordance with rule 5(2) or 6(12),
the applicant, the local planning authority or a person entitled to appear may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
Any person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Proofs of evidence
13
1
Any person entitled to appear at an inquiry, who proposes to give, or to call another person to give evidence at the inquiry by reading a proof of evidence, shall —
a
send 2 copies, in the case of the local planning authority and the applicant, or 3 copies in the case of any other person, of the proof of evidence together with any written summary, to the Secretary of State; and
b
simultaneously send copies of these to any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each proof of evidence together with any summary to the local planning authority and the applicant.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof of evidence and any summary shall be received by the Secretary of State no later than —
a
4 weeks before the date fixed for the holding of the inquiry, or
b
where a timetable has been arranged pursuant to rule 8 which specifies a date by which the proof of evidence and any summary shall be received by the Secretary of State, that date.
4
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him in accordance with this rule and received by him within the relevant period, if any specified in this rule.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person, required by this rule to send copies of a proof of evidence to the Secretary of State, shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(13).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Statement of common ground
14
1
The local planning authority and the applicant shall —
a
together prepare an agreed statement of common ground; and
b
ensure that the Secretary of State receives it and that any statutory party receives a copy of it not less than 4 weeks before the date fixed for the holding of the inquiry.
2
The local planning authority shall afford to any person who so requests, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.
Procedure at inquiry
15
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify what are, in his opinion, the main issues to be considered at the inquiry and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the application or appeal but which were not issues identified by the inspector pursuant to that paragraph.
4
Unless in any particular case the inspector otherwise determines, the local planning authority shall begin and the applicant shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the local plannning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
7
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 13(5) —
a
the proof of evidence referred to in rule 13(1) shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof of evidence contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
8
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
9
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
10
The inspector may allow any person to alter or add to a statement of case received by the Secretary of State or him under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
11
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
12
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
13
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
14
In respect of any inquiry that the Secretary of State expects to last for 8 or more days, any person, who appears at the inquiry and makes closing submissions, shall by the close of the inquiry provide the inspector with a copy of their closing submission in writing.
Site inspections
16
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the applicant, the local planning authority and any statutory party; and
b
shall make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied site inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
17
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
2
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.
5
If, after the close of an inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the re-opening of the inquiry.
6
Those persons making written representations or requesting the inquiry to be re-opened under paragraph (5), shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
7
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6); and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (3) to (8) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
18
1
The Secretary of State shall, as soon as practicable, notify his decision on an application or appeal, and his reasons for it in writing to —
a
all persons entitled to appear at the inquiry who did appear, and
b
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusion and of any recommendations made by him, and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
4
Any person applying to the Secretary of State under paragraph (2) shall ensure that his application is received by the Secretary of State within 4 weeks of the Secretary of State’s determination.
Procedure following quashing of decision
19
1
Where a decision of the Secretary of State on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application or appeal;
b
shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of the rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
2
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
20
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Additional copies
21
1
The Secretary of State may at any time before the close of an inquiry request from any person entitled to appear additional copies of the following —
a
an outline statement sent in accordance with rule 5;
b
a statement of case or comments sent in accordance with rule 6;
c
a proof of evidence sent in accordance with rule 13; or
d
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such copies should be received by him.
2
Any person so requested shall ensure that the copies are received by the Secretary of State within the period specified.
Notices by post
22
Notices or documents required or authorised to be sent under these Rules may be sent by post.
Mayor of London
23
1
In this rule “the Mayor” means the Mayor of London.
2
Where an inquiry is held into an application, or an appeal arising from such an application, in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications —
a
in rule 2 —
i
in the definition of the “relevant notice” after “the applicant” insert “, the Mayor”;
ii
in sub-paragraph (a) of the definition of the “starting date” after “the applicant” insert “, the Mayor”;
b
in rule 4 —
i
in paragraph (1) after “inform the Secretary of State” and after “inform the applicant” insert “, the Mayor”;
ii
in paragraph (2) after sub-paragraph (d) insert —
or
e
the Mayor has given to the local planning authority a direction to refuse the application for planning permission.
;
iii
in paragraph (4)(a) after the “Secretary of State” insert “, the Mayor”;
c
in rule 5 —
i
in paragraph (2)(d) after “the applicant” insert “, the Mayor”;
ii
for paragraph (3) substitute —
The Secretary of State shall as soon as practicable after receipt send —
a
copies of the outline statements of the applicant and the Mayor to the local planning authority;
b
copies of the outline statements of the applicant and the local planning authority to the Mayor; and
c
copies of the outline statements of the local planning authority and the Mayor to the applicant.
;
iii
in paragraph (5) after both references to “the applicant” insert “, the Mayor”;
iv
in paragraph (10) after the first reference to “from the applicant” insert “the Mayor”, for “2” substitute “3” and for “send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant” substitute —
send —
a
copies of the further information received from the applicant and the Mayor to the local planning authority;
b
copies of the further information received from the applicant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the applicant.
;
d
in rule 6 —
i
in paragraph (1) after “The local planning authority” insert “and the Mayor” and for “2” substitute “3”;
ii
in paragraph (3) for “2” substitute “3”;
iii
for paragraph (4) substitute —
The Secretary of State shall as soon as practicable after receipt send —
a
copies of the statements of case of the applicant and the Mayor to the local planning authority;
b
copies of the statements of case of the applicant and the local planning authority to the Mayor; and
c
copies of the statements of case of the local planning authority and the Mayor to the applicant.
;
iv
in paragraph (5) for “The applicant and the local planning authority may in writing each require the other” substitute —
Any party required to provide a statement of case pursuant to paragraph (1) or (3) may in writing require any other party so required
;
v
in paragraph (6) for “3” substitute “4” and after “the local planning authority” insert “, to the Mayor”;
vi
in paragraph (7)(a) after “the applicant” insert “, the Mayor”;
vii
in paragraph (9) after “A local planning authority” insert “, the Mayor”, in sub-paragraph (a) for “2” substitute “3” and for “send a copy of the further information received from the local planning authority to the applicant and copy of the further information received from the applicant to the local planning authority” substitute —
send —
a
copies of the further information received from the applicant and the Mayor to the local planning authority;
b
copies of the further information received from the applicant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the applicant.
;
viii
in paragraph (10) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;
ix
in paragraph (12) at the end of sub-paragraph (c) delete “and” and after paragraph (d) add —
and
e
the Mayor.
;
x
in paragraph (14) after the first reference to “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “to the local planning authority and a copy of the written comments received from the local planning authority to the appellant.” substitute —
and the Mayor to the local planning authority, a copy of the written comments received from the applicant and the local planning authority to the Mayor and a copy of the written comments received from the local planning authority and the Mayor to the applicant.
;
xi
in paragraph (15) for “3” substitute “4” and after “to the local planning authority” insert “, the Mayor”.
e
in rule 7(2) —
i
at the end of sub-paragraph (c) delete “and”,
ii
after sub-paragraph (d) add —
and
e
the Mayor.
;
f
in rule 10(3) after “the applicant” insert “, the Mayor”;
g
in rule 11(1) after sub-paragraph (h) insert —
i
the Mayor in relation to an inquiry arising from an application in respect of which he has given to the local planning authority a direction to refuse the application.
;
h
in rule 12 —
i
after paragraph(1)(c) insert
or
d
the Mayor has given to the local planning authority a direction to refuse the application for planning permission,
; and
ii
after “body concerned” insert “or of the Mayor”;
i
in rule 13 —
i
in paragraph (1)(a) after “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “3” substitute “4”; and
ii
in paragraph (1) after “summary to the local planning authority” insert “, the Mayor”;
j
in rule 14(1) after “The local planning authority” insert “, the Mayor”;
k
in rule 15(5) after “the local planning authority” insert “, the Mayor”;
l
in rule 17(7) after “the applicant” insert “, the Mayor”.
3
Where an inquiry is held into an application or an appeal arising from such an application, in respect of which the local planning authority was required to notify the Mayor but which is not an application or an appeal falling within paragraph (2) these Rules shall apply as if the Mayor were a statutory party.
Revocation, savings and transitional provisions
24
1
Subject to paragraph (2) the Town and Country Planning (Inquiries Procedure) Rules 1992 are hereby revoked in relation to England except rule 21 of those Rules so far as it makes provision for the continued application of the Town and Country Planning (Inquiries Procedure) Rules 1974 .
2
Subject to paragraph (3) any application or appeal to which the 1992 Rules applied which has not been determined on the date when these Rules come into force shall be continued under the 1992 Rules.
3
Where a decision of the Secretary of State on an application or appeal to which the 1992 Rules applied is subsequently quashed in proceedings before any court, the decision shall be re-determined in accordance with these Rules.
Irvine of Lairg, C.
17th June 2000


text:
Citation, extent and commencement
1
These Regulations, which extend to England only, may be cited as the Non-Domestic Rating (Chargeable Amounts) (Amendment) (England) Regulations 2000 and shall come into force on the day after the day on which they are made.
Amendment of the 1999 Regulations
2
The Non-Domestic Rating (Chargeable Amounts) (England) Regulations 1999 are amended in accordance with the following provisions of these Regulations.
Base liability for 2000/2001 for hereditaments outside previous transitional provisions
3
In regulation 6–
a
in paragraph (3)(b), there is added at the end “less, in the case of a hereditament which is a small hereditament, the small hereditament factor.”;
b
after paragraph (3) there is inserted–
3A
In paragraph (3)–
“small hereditament” means–
a hereditament situated outside Greater London for which the rateable value shown in the list for 31st March 2000 is less than £10,000, or
a hereditament situated in Greater London for which the rateable value shown in the list for 31st March 2000 is less than £15,000; and
“small hereditament factor” means the amount by which the non-domestic rating multiplier determined in accordance with Part I of Schedule 7 to the Act for the financial year beginning in 1997 exceeded that multiplier for the financial year beginning in 1996.
;
c
in paragraph (4), sub-paragraph (a) is omitted.
Change in rateable value: change of circumstances on 1st April 2000 (local lists)
4
In regulation 15, at the end there is added–
4
Any reference in this regulation to a relevant factor includes a reference to an assumption prescribed by regulations under paragraph 2(8) of Schedule 6 to the Act.
.
Change in value before 1st April 2000 not reflected by alteration to local list
5
Regulation 16 is omitted.
Appropriate fraction for central list hereditament
6
In regulation 24(3), in sub-paragraph (i) of the explanation of the rounding of Q, for “more than ten-thousandths” there is substituted “more than 5 ten-thousandths”.
Change in rateable value for defined central list hereditament after 1st April 2000
7
In regulation 27(3), for the definition of “A, B and C” there is substituted–
A, B and C have the meanings given in regulation 26;
.
Alterations to local or central list
8
After regulation 27 there is inserted the following Part–
PART IVA
ALTERATIONS TO LOCAL OR CENTRAL LIST
Alterations to local or central list
27A
1
This regulation applies where–
a
the appropriate valuation officer alters the list to correct the rateable value shown in the list in relation to a hereditament on any grounds other than solely on the grounds of a material change of circumstances which occurred on or after the material day; and
b
by virtue of regulation 13A of the Appeals Regulations the alteration has effect from a day which is later than the material day; and
c
either–
i
the effect of the alteration is to reduce the rateable value shown in the list; or
ii
the effect of the alteration is to increase the rateable value shown in the list and the person who at the time of the alteration is the ratepayer in relation to the hereditament in question has given written notice within the period specified in paragraph (2) to the appropriate valuation officer that this regulation is to apply.
2
The period referred to in paragraph (1)(c)(ii) is the period of six months beginning with–
a
in the case of an alteration of which notice is given under regulation 18(2) of the Appeals Regulations, the day of service of the notice; and
b
in any other case, the day on which the alteration is made.
3
Where this regulation applies the appropriate valuation officer shall certify–
a
that this regulation applies; and
b
the rateable value that would have been shown in the list for the hereditament for the material day if–
i
the alteration had had effect from that day; and
ii
no material change of circumstance had occurred since the material day or, in the case of an altered hereditament or a new hereditament, on or since the material day.
4
Where the appropriate valuation officer has certified a rateable value in accordance with paragraph (3), Parts II to IV of these Regulations shall have effect, in relation to the day from which the alteration has effect and any subsequent relevant day, as if that rateable value had been the value shown in the list for the material day.
5
Where–
a
the appropriate valuation officer certifies a rateable value in accordance with paragraph (3);
b
the rateable value shown in the list for the hereditament, or, in the case of a new hereditament, for the old hereditament, for the day immediately before the material day is inaccurate; and
c
by virtue of the Appeals Regulations it is not possible to make an alteration to the list which has effect on the day immediately before the material day,
he shall certify the rateable value that would have been shown in the list for the hereditament, or, in the case of a new hereditament, for the old hereditament, for the day immediately before the material day had he been able to alter it with effect from that day.
6
Where the appropriate valuation officer has certified a rateable value in accordance with paragraph (5), Parts II to IV of these Regulations shall have effect, in relation to the day from which the alteration has effect and any subsequent relevant day, as if that rateable value had been the value shown in the list for the day immediately before the material day.
7
In this regulation–
“the material day” means–
in the case of an altered hereditament, the day on which the hereditament was shown for the first time in the list following the alteration;
in the case of a new hereditament, the creation day;
in any other case, the day on which the list was compiled;
“list” means a local non-domestic rating list or the central list;
“new hereditament” and “old hereditament” have the same meaning as in Schedule 2.
.
Mergers of defined classes of hereditaments
9
In regulation 28(2), after “Schedule 4” there is inserted “or 5 ”.
Defined classes of central list hereditaments which merge on 1st April 2000
10
After regulation 28 there is inserted–
Defined classes of central list hereditaments which merge on 1st April 2000
28A
Where a class of hereditaments prescribed as respects a designated person for which a rateable value is shown in the central list for 1st April 2000 (“the new class”) comprises two or more classes of hereditaments prescribed as respects designated persons for each of which a rateable value is shown separately in the central list for 31st March 2000 (“the old classes”)–
a
the new class shall be treated for the purposes of regulation 28(1) as being a class of hereditaments for which a rateable value is shown in the central list for 31st March 2000; and
b
that rateable value shall be treated for the purposes of regulation 29(2) as being equal to the aggregate of the rateable values for the old classes shown in the central list for 31st March 2000.
.
Appeals against certification
11
In regulation 37–
a
in paragraph (2), for “before 1st April 2001” there is substituted “ before 1st April 2005 or, if later, before the expiry of six months after a copy of the certificate was sent in accordance with regulation 36(4)”;
b
at the end there is added–
5
No appeal may be made against a certification given by an appropriate valuation officer for the purposes of paragraph 4(2) of Schedule 5 (chargeable amounts for new class).
.
Splits and mergers
12
In Schedule 2–
a
in paragraphs 3(6), 4(6), 5(6) and 6(6) for “paragraph (2)” there is substituted “sub-paragraph (2)”;
b
in paragraph 5(2) for “paragraphs” there is substituted “sub-paragraphs ”.
Electricity generation hereditaments
13
In the Table in paragraph 9(2) of Schedule 4–
a
for “Nuclear Electric Limited” there is substituted “British Energy Generation Limited”;
b
for “Powergen plc” there is substituted “Powergen UK plc”.
Mergers of defined classes of hereditaments
14
After Schedule 4 there is inserted the Schedule set out in the Schedule to these Regulations.
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
30th March 2000


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Design and Technology) (England) Order 2000 and shall come into force on 1st August 2000.
2
In this Order —
“The Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Design and Technology” .
3
This Order applies only to pupils at:
a
any community, foundation or voluntary school; or
b
any community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Technology) (England) Order 1998 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to Design and Technology.
4
The examples [and other passages] printed in grey text within square brackets in the Document (which serve to illustrate the programmes of study described therein [or relate to background information]) do not form part of the provisions made by this Order.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
13th June 2000