text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Terrorism (United Nations Measures) (Overseas Territories) Order 2001 and shall come into force on 10th October 2001.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 28th September 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.
3
Particulars of the decisions referred to in paragraph (2) above shall be published by the Governor in a notice in the official gazette of the Territory.
4
a
This Order shall extend to the territories listed in Schedule 1.
b
Article 11 of this Order shall apply to the UK Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
c
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
5
An offence may be committed under Article 3, 4, 5, 6, 7, 9 or 10 by, and a direction may be given under Article 5 or 9 to, any person within the Territory or any person elsewhere who:
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
is a body incorporated or constituted under the law of any part of the Territory.
Interpretation
2
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“document” includes information recorded in any form and, in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“Governor” means the Governor or other officer administering the Government of the Territory;
“relevant institution” means —
the person or body responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory in the course of carrying on a deposit-taking business, and for this purpose “deposit” has the meaning given to that term in section 5 of the Banking Act 1987 and “deposit-taking business” has the meaning given to that term in section 6 of that Act;
a European authorised institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 which has lawfully established a branch in Gibraltar for the purpose of accepting deposits or other repayable funds from the public; and
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“terrorism” means the use or threat of action where —
the action falls within sub-paragraph (b),
the use or threat is designed to influence the government or to intimidate the public or a section of the public, and
the use or threat is made for the purpose of advancing a political, religious or ideological cause;
action falls within this sub-paragraph if it —
involves serious violence against a person,
involves serious damage to property,
endangers a person’s life, other than that of the person committing the action,
creates a serious risk to the health or safety of the public or a section of the public, or
is designed seriously to interfere with or seriously to disrupt an electronic system;
the use or threat of action falling within sub-paragraph (b) which involves the use of firearms or explosives is terrorism whether or not sub-paragraph (a)(ii) is satisfied;
in sub-paragraphs (a), (b) and (c) —
“action” includes action outside the Territory,
a reference to any person or to property is a reference to any person, or to property, wherever situated,
a reference to the public includes a reference to the public of a territory or country other than that of the Territory,
“the government” means the government of the Territory, of a part of the Territory or of a territory or country other than the Territory;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings.
Collection of funds
3
1
Any person who invites another to provide funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
2
Any person who receives funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
3
Any person who provides funds, and intends that they should be used, or knows that they may be used, for the purposes of terrorism, is guilty of an offence under this Order.
4
In this section a reference to the provision of funds is a reference to them being given, lent or otherwise made available, whether or not for consideration.
Making funds available
4
Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds or financial (or related) services available directly or indirectly to or for the benefit of —
a
a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
b
a person controlled or owned directly or indirectly by a person in (a), or
c
a person acting on behalf, or at the direction, of a person in (a),
is guilty of an offence under this Order.
Freezing of funds
5
1
Where the Governor has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be —
a
a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
b
a person controlled or owned directly or indirectly by a person in (a), or
c
a person acting on behalf of, or at the direction of, a person in (a),
the Governor may by notice direct that those funds are not to be made available to any person, except under the authority of a licence granted by the Governor under this article.
2
A direction given under paragraph (1) shall specify either —
a
the period for which the direction is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Governor may by notice revoke a direction given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 4 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or for or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the Supreme Court for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction given under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under articles 3, 4 and 5(9)
6
Any person who intentionally engages in any activities knowing that the object or effect of those activities is to enable or facilitate the commission (by that person or another) of an offence under article 3, 4 or 5(9) is guilty of an offence under this Order.
Offences in connection with licences
7
1
Any person who, for the purposes of obtaining a licence under article 4 or 5, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Failure to disclose knowledge or suspicion of offences
8
1
A relevant institution is guilty of an offence under this Order if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time is —
i
a person who commits, attempts to commit, facilitates or participates in the commission of acts of terrorism,
ii
a person controlled or owned directly or indirectly by a person in (i),
iii
a person acting on behalf, or at the direction of, a person in (i), or
iv
a person who has committed an offence under article 3, 4, 5(9) or 7; and
b
it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matters comes to its attention.
2
Where a relevant institution discloses to the Governor —
a
its knowledge or suspicion that a person is a person covered by paragraph (1)(a)(i), (ii), (iii) or (iv) above or a person who has committed an offence under article 3, 4, 5(9) or 7, or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
9
1
Without prejudice to any other provision of this Order, or any provision of any other law, the Governor may direct any person to furnish to him any information in his possession or control, or to produce to him any document in his possession or control, which he may require for the purpose of securing compliance with or detecting evasion of this Order or any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands, Isle of Man or any territory to which this Order extends; and any person to whom such a direction is made shall comply with it within such time and in such manner as may be specified in the direction.
2
Nothing in paragraph (1) shall be taken to require any person who has acted as counsel or solicitor for any person to furnish or produce any privileged information or document in his possession in that capacity.
3
Where a person is convicted of failing to furnish information or produce a document when directed to do so under this article the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
4
The power conferred by this article to direct any person to produce documents shall include power to take copies of or extracts from any document so produced and to direct that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them.
5
The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
6
Any person who —
a
without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time has been specified, within a reasonable time) to comply with any direction made under this article by any person who is empowered to make it; or
b
furnishes any information or produces any document which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular in response to such a direction; or
c
otherwise wilfully obstructs any person in the exercise of his powers under this article; or
d
with intent to evade the provisions of this article, destroys, mutilates, defaces, secretes or removes any document,
shall be guilty of an offence under this Order.
Disclosure of information
10
1
No information furnished or document produced (including any copy of, or extract made from, any document produced) by a person in pursuance of a direction made under this Order shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced: provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right; or
b
to any person empowered under this Order to request that it be furnished or produced or any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 1 to this Order.
c
on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or to the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to terrorism decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Territory, for an offence under this Order; or
ii
for any offence under any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any territory listed in the Schedule to this Order.
2
Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) is guilty of an offence.
Penalties and proceedings
11
1
Any person guilty of an offence under article 3, 4, 5(9), 6 or 7(2) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both;
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
Any person guilty of an offence under article 7(1), 9(6)(b) or (d) or 10(2) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
3
Any person guilty of an offence under article 5(10), 8 or 9(6)(a) or (c) shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
4
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent of connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
6
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
7
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions.
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Functions of the Governor
12
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
Licences
13
1
A licence under this Order shall be in writing and may be either general or special, may be subject to or without conditions, and may be limited so as to expire on a specified date unless renewed.
2
A special licence may be varied or revoked at any time by written notice given by the Governor to each recipient of the licence.
3
The Governor shall publish a general licence in such manner as he thinks fit. A general licence may be varied or revoked at any time by written notice which shall be published by the Governor in the same manner as the licence.
4
A notice under paragraph (2) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
A.K. Galloway
Clerk to the Privy Council


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 3) Order 2001.
2
In this Order, “the 2001 Act ” means the Criminal Justice and Police Act 2001.
2
The following provisions of the 2001 Act shall come into force on 1st December 2001:
a
sections 17 to 28 (closure of licensed and unlicensed premises);
b
sections 30 to 32 (sale of alcohol to persons under eighteen and drunkenness or disorder on licensed premises);
c
section 107(1)(a) and (b), (2) and (3) (payment of allowances to police authority members);
d
section 133;
e
section 137 (repeals) in so far as it relates to the entries in Schedule 7 referred to in paragraphs (f) and (g) below;
f
Part 1 of Schedule 7; and
g
In Schedule 7, Part 4, the entries relating to Schedule 2 and 2A to the Police Act 1996 in so far as not already in force.
3
The following provisions of the 2001 Act shall come into force on 1st January 2002:
a
sections 122 to 125 (police ranks);
b
section 137 (repeals) in so far as it relates to the entries in Schedule 7 referred to in paragraph (c) below; and
c
in Schedule 7, Part 4, the entries relating to sections 12 and 13 of the Police Act 1996.
John Denham
Minister of State
Home Office
20th November 2001


text:
1
These Rules may be cited as the Adoption (Amendment) Rules 2001 and shall come into force on 1st April 2001.
2
The Adoption Rules 1984 (“the 1984 Rules ”) shall be amended in accordance with the following provisions of these Rules and, in those provisions, any reference to a rule or Schedule by number alone shall be construed as a reference to the rule or Schedule so numbered in the 1984 Rules.
3
In —
a
the provisions of the 1984 Rules; and
b
the forms contained in Schedule 1,
for “guardian ad litem” substitute “children’s guardian”.
4
In rule 2(1), at the appropriate places, insert —
“children’s guardian” means an officer of the service appointed to act on behalf of the child in accordance with section 65(1)(a) of the Act;
;
“reporting officer” means an officer of the service appointed in accordance with section 65(1)(b) of the Act;
.
5
In rule 4(3), omit “, save in a county court the child,”.
6
In rule 5, for paragraph (3) substitute —
3
The reporting officer shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child.
.
7
In rule 6 —
a
omit paragraph (4); and
b
for paragraph (5) substitute —
5
The children’s guardian shall not be a member or employee of the applicant or any respondent body nor have been involved in the making of any arrangements for the adoption of the child.
.
8
In rule 15(3) omit “, save in a country court the child,”.
9
In rule 17, for paragraph (3) substitute —
3
The reporting officer shall not be a member or employee of the applicant or any respondent body (except where a local authority is made a respondent only under rule 15(2)(d)) nor have been involved in the making of any arrangements for the adoption of the child.
.
10
In rule 18 —
a
omit paragraph (4); and
b
for paragraph (5) substitute —
5
The children’s guardian shall not be a member or employee of the applicant or any respondent body (except where a local authority is made a respondent only under rule 15(2)(d)) nor have been involved in the making of any arrangements for the adoption of the child.
.
11
After rule 49, insert —
Power of court to limit cross examination
49A
The court may limit the issues on which a children’s guardian or a reporting officer may be cross-examined.
.
12
In rule 53, after paragraph (3), insert —
3A
Nothing in this rule shall prevent the disclosure of a document prepared by an officer of the service for the purpose of —
a
enabling a person to perform functions required under section 62(3A) of the Justices of the Peace Act 1997 ; and
b
assisting an officer of the service who is appointed by the court under any enactment to perform his functions.
3B
Nothing in this rule shall prevent the disclosure of any document relating to proceedings by an officer of the service to any other officer of the service unless that other officer is involved in the same proceedings but on behalf of a different party.
.
13
1
Where —
a
before the coming into force of these Rules a person, other than the Official Solicitor, had been appointed as guardian ad litem in proceedings in accordance with section 65 of the Adoption Act 1976; and
b
those proceedings are still continuing,
that person shall, for the purposes of the application of the 1984 Rules, be treated as if he had been appointed children’s guardian.
2
Where —
a
before the coming into force of these Rules the Official Solicitor had been appointed as guardian ad litem in proceedings in accordance with section 65 of the Adoption Act 1976; and
b
those proceedings are still continuing,
the person in the office of the Official Solicitor who had day to day conduct of the proceedings shall, for the purposes of the application of the 1984 Rules, be treated as if he had been appointed children’s guardian.
14
Where —
a
before the coming into force of these Rules a person had been appointed as reporting officer in proceedings in accordance with section 65 of the Adoption Act 1976; and
b
those proceedings are still continuing,
that person shall, for the purposes of the application of the 1984 Rules, continue to be treated as the reporting officer in the proceedings.
Irvine of Lairg, C.
Dated 6th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Chargeable Air Services) (Records) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“aircraft movement log” means the log referred to in regulation 3(1);
“recent particulars” means the records required to be preserved by regulation 3(2); and
“relevant aerodrome” means Belfast International Airport, Belfast City Airport, Eglinton Airport and any aerodrome to which section 88 of the Civil Aviation Act 1982 applies.
Records of movements of aircraft
3
1
The manager of a relevant aerodrome shall keep an aircraft movement log for that aerodrome in which the following particulars shall be recorded without delay —
a
the type and registration mark of each aircraft taking off from or landing at the aerodrome;
b
the date and time of each take off and landing; and
c
the origin or destination of each aircraft as the case may be.
2
The aircraft movement log for a relevant aerodrome shall be preserved by the manager of that aerodrome to the extent it comprises particulars which have been recorded for a period of two years or less.
3
The recent particulars for a relevant aerodrome shall be maintained by the manager of that aerodrome in a legible form or in a form which is capable of being reproduced in a legible form.
4
The manager of a relevant aerodrome shall within seven days after being requested to do so by an officer of the CAA , produce to such officer the recent particulars for that aerodrome in a legible form.
5
The manager of a relevant aerodrome shall within seven days after being requested to do so by an officer of a person to whom the CAA has specified pursuant to section 73(1)(c) of the Transport Act 2000 that charges are to be paid, produce to such officer the recent particulars for that aerodrome in a legible form.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Contaminated Land (England) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
Appeals to a magistrates' court
2
In regulation 8(6) of the Contaminated Land (England) Regulations 2000 for the words “justices' clerk” there shall be substituted the words “justices' chief executive”.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
2nd March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Stop Now Orders (E.C. Directive) Regulations 2001 and shall come into force on 1st June 2001.
2
These Regulations extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Fair Trading Act 1973 ;
“Community infringement” means any act contrary to the Directives as transposed into the internal legal order of a Member State and which harms the collective interests of consumers included in the Directives;
“Community qualified entity” means an entity from another Member State for the time being listed in the Official Journal of the European Communities under Article 4(3) of the Injunctions Directive ;
“the Directives” means the directives listed in Schedule 1 to these Regulations;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the protocol signed at Brussels on 17th March 1993 ;
“the European Commission ” means the Commission of the European Communities;
“Injunctions Directive” means Directive 98/27/ EC of the European Parliament and of the Council of 19th May 1998 on injunctions for the protection of consumers' interests ;
“Member State” means a State which is a contracting party to the EEA Agreement;
“other UK qualified entity” means an organisation designated by the Secretary of State in accordance with regulation 4;
“public UK qualified entity” means an independent public body specifically responsible for protecting the collective interests of consumers included in the Directives and listed in Schedule 3 to these Regulations;
“qualified entity” means a public UK qualified entity, an other UK qualified entity, or a Community qualified entity;
“ Stop Now Order ” means an order as mentioned in paragraph 7 of Schedule 2 to these Regulations.
2
Terms (other than “consumer”) used in Part III of the Act shall have the same meaning as in that Act, and terms used in the Injunctions Directive shall have the same meaning as in that directive.
3
For the purposes of the definition of “Community infringement” as it applies in relation to the law of any part of the United Kingdom, the internal legal order shall be taken to include the following:
a
regulation of misleading and comparative advertising, except regulation specifically in relation to food, tobacco and tobacco products;
b
the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 ;
c
the Consumer Credit Act 1974 ;
d
regulation of the content, amount and distribution of television advertising and of programme sponsorship;
e
the Package Travel, Package Holidays and Package Tours Regulations 1992 ;
f
The Medicines (Advertising) Regulations 1994 ;
g
the Unfair Terms in Consumer Contracts Regulations 1999 ;
h
the Timeshare Act 1992 ;
i
the Consumer Protection (Distance Selling) Regulations 2000 ;
j
regulation of the sale and supply to consumers of goods and the following services, and of guarantees in relation to such services —
i
services provided under a contract for the supply of goods to be manufactured or produced; and
ii
installation of goods, where installation forms part of a contract for the sale or supply of goods, and where the goods are installed by the seller or supplier or under his responsibility.
Application of Part III of Fair Trading Act 1973 to Community infringements
3
The provisions of Schedule 2 to these Regulations shall have effect in place of the corresponding provisions of Part III of the Act in relation to Community infringements.
Designation of other UK qualified entities
4
1
On application to him in writing, supported by such evidence as he may require, the Secretary of State may designate any organisation whose purpose is to protect the collective interests of consumers included in the Directives as an other UK qualified entity where he considers that the organisation meets the criteria in paragraph (2) below.
2
The criteria are —
a
that the organisation is so constituted, managed and controlled as to be expected to act independently, impartially and with complete integrity;
b
that the organisation has demonstrated the ability to protect the collective interests of consumers included in the Directives by promoting high standards of integrity and fair dealing in the conduct of business in relation to such consumers;
c
that the organisation is ready and willing to co-operate, by the sharing of information and otherwise, with the Director, other qualified entities and any other authority, body or person having responsibility for the regulation of the matters covered by these Regulations.
3
An organisation shall not be regarded as failing to meet the criterion set out in paragraph (2)(a) above by reason only of a connection with a person carrying on business of a kind that could be affected, directly or indirectly, by action taken under these Regulations so long as that person does not control the organisation and any profits of the business are used for the purpose mentioned in paragraph (2)(b) above.
4
A designation under this regulation may be for all purposes under these Regulations or in relation only to particular types of Community infringement and shall be published in such manner as appears to the Secretary of State best calculated for bringing it to the attention of persons who may be concerned.
5
At the request of an organisation designated under this regulation the Secretary of State shall communicate to the European Commission that the organisation is qualified to bring proceedings under these Regulations and the name and purpose of the organisation.
6
The Secretary of State may withdraw or amend a designation under this regulation at the request of an organisation or if it no longer appears to him that the organisation meets the criteria in paragraph (2) above generally or in relation to particular types of Community infringement.
7
Where a designation is withdrawn or amended under paragraph (6) above the Secretary of State shall publish the withdrawal or amendment in accordance with paragraph (4) and, if he has communicated to the European Commission under paragraph (5) above, he shall make a further communication accordingly.
Proceedings in other Member States and Co-operation with Community qualified entities
5
1
The Director and any public UK qualified entity shall have all necessary powers —
a
to enable them to bring proceedings under the provisions corresponding to these Regulations in any other Member State;
b
to bring proceedings in the United Kingdom on behalf of any Community qualified entity.
2
Without prejudice to the generality of paragraph (1) above, the Director, any public UK qualified entity and any organisation in relation to which a communication has been made under regulation 4(5) above may enter into arrangements to share information with each other and with any Community qualified entity (whether or not he or it would otherwise be entitled to disclose it) and generally to co-operate with any such entity for the purpose of bringing proceedings under these Regulations or the provisions corresponding to them in any other Member State.
Advice and information
6
1
As soon as is reasonably practicable after the making of these Regulations, the Director must prepare and publish advice and information with a view to —
a
explaining the provisions of these Regulations to persons who are likely to be affected by them; and
b
indicating how the Director expects such provisions to operate.
2
The Director may at any time publish revised, or new, advice or information.
3
Advice (or information) published by virtue of paragraph (1)(b) may include advice (or information) about the factors which the Director may take into account in considering whether, and if so how, to exercise the powers conferred on him by these Regulations.
4
Any advice or information published by the Director under this regulation is to be published in such form and in such manner as he considers appropriate.
5
If the Director is preparing any advice or information under this regulation he must consult such persons as he considers representative of persons affected by these Regulations.
6
If the proposed advice or information relates to a matter in respect of which a public UK or other UK qualified entity may act, those consulted must include that qualified entity.
Co-ordination
7
1
If more than one of the Director, any public or other UK qualified entity are contemplating bringing proceedings under these Regulations the Director may, in any particular case, direct which of these entities is to bring such proceedings or that only he may do so.
2
Where the Director directs that only he may bring such proceedings he may take into account whether cessation of the infringement could be achieved by other means in deciding whether or not to bring proceedings.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
9th April 2001


text:
1
These Regulations may be cited as the Climate Change Levy (Solid Fuel) Regulations 2001 and shall come into force on 1st April 2001.
2
1
Solid fuel is not a taxable commodity for the purposes of Schedule 6 to the Finance Act 2000 if —
a
a supply of that solid fuel would otherwise be chargeable with CCL , but
b
at the time when that supply would be treated as taking place the solid fuel in question has an open market value not exceeding £15 per tonne.
2
In this regulation —
“CCL” refers to climate change levy;
“solid fuel” refers only to coal and lignite; coke, and semi-coke, of coal or lignite; petroleum coke;
“time when the supply would be treated as taking place” refers to the time of supply determined by or under paragraphs 25 to 39 of Schedule 6 to the Finance Act 2000;
“open market value” refers to the amount that would, by virtue of sections 19(2) and 19(5) of the Value Added Tax Act 1994 and on the basis that no CCL is chargeable, fall to be taken as the value of a supply of that solid fuel for the purposes of value added tax if the supply were for such consideration in money as would be payable by a person standing in no such relationship with any person as would affect that consideration.
David Jamieson
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 2001


text:
1
This Order may be cited as the Ealing Tertiary College (Dissolution) Order 2001 and shall come into force on 1st January 2002.
2
On 1st January 2002 the corporation shall be dissolved and all its property, rights and liabilities shall be transferred to Hammersmith and West London College being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2002;
c
to the transferor were to the corporation; and
d
to the corporation were to Hammersmith and West London College.
Margaret Hodge
Minister of State,
Department for Education and Skills
30th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2001, and come into force on 1st December 2001.
Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
2
1
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 are amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “directive restrictions”, for “article 25 of the listing particulars directive”, substitute “article 107 of the listing particulars directive”; and
b
for the definition of “listing particulars directive” substitute —
“listing particulars directive” means Directive 2001/34/ EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities ;
.
3
In paragraph (c)(ii) of regulation 11 (application of Part IV), for “article 24c.1” substitute “article 106”.
4
After regulation 12 insert —
12A
The National Lottery Commission may disclose information to which this Part applies to the National Audit Office for the purpose of enabling or assisting the Comptroller and Auditor General to carry out an examination under Part II of the National Audit Act 1983 in relation to the Commission.
5
In regulation 15 (disclosure of transitional information) —
a
after paragraph (3)(a)(ii) insert —
iia
obtained or received it as mentioned in subsection (5) of that section;
b
in paragraph (5), for “article 25.3” substitute “article 107.3”.
6
In the table in Part 1 of Schedule 1, at the end, insert —
An investment exchange which has its head office in an EEA State other than the United Kingdom, and which is recognised as an investment exchange under the law of that state Its functions as a supervisor of financial markets
7
In the table in Part 4 of Schedule 1, at the end, insert —
A clearing house or other similar body which has its head office in an EEA State other than the United Kingdom, and which is recognised under the law of that state as a provider of clearing or settlement services Its functions in relation to defaults or potential defaults by market participants
8
In the table in Schedule 2, at the end, insert —
The National Lottery Commission All its public functions
Tony McNulty
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2001


text:
Citation and commencement
1
This Order may be cited as the Essex and Herts Community, the Mid Essex Community and Mental Health, and the North East Essex Mental Health National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Essex and Herts Community National Health Service Trust established by the Essex and Herts Community National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Mid Essex Community and Mental Health National Health Service Trust established by the Mid Essex Community and Mental Health National Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The North East Essex Mental Health National Health Service Trust established by the North East Essex Mental Health National Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
20th March 2001


text:
Citation and commencement
1
This Order shall be cited as the Newham Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Newham Education Action Zone” means the Education Action Zone established by the Newham Education Action Zone Order 1998 .
Extension of the Newham Education Action Zone
3
The Newham Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the Newham Education Action Zone Order 1998
4
There shall be inserted after article 10 of the Newham Education Action Zone Order 1998 the following article:
Removal from office by Forum
10A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to article 4(a), if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to article 4(a), if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 6(1), if that person no longer appears to the Forum to represent the interests of either businesses, parents of children of compulsory school age in the area served by zone schools, or the voluntary sector, as the case may be.
5
1
The Newham Education Action Zone Order 1998 is varied as follows:
2
At Article 5(d) the word “two” is deleted and replaced with the word “three”;
3
The following words in Schedule 1 shall be deleted, “Arthur Andersen” and “British Telecommunications plc”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Havant (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Havant;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Havant (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Havant
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Havant
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Havant (Electoral Arrangements) Order 1976 is hereby revoked.
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
14th March 2001


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


text:
Citation and commencement
1
This Order may be cited as the Oxfordshire Community Health National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Oxfordshire Community Health National Health Service Trust established by the Oxfordshire Community Health National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
27th February 2001


text:
1
This Order may be cited as the Transport Act 2000 (Designation of Companies) Order 2001 and shall come into force on 31st March 2001.
2
National Air Traffic Services Limited, NATS (Services) Limited and NATS (En Route) Limited are designated for the purposes of section 56(11) Transport Act 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 and shall come into force on 20th December 2001.
Interpretation
2
1
In these Regulations —
“group of companies” means a holding company and its subsidiary or, where it has more than one subsidiary, each of them and in this definition “subsidiary” has the same meaning as in section 736(1) of the Companies Act 1985 ;
“the list of specified generic medicines” means the list of medicines which was published on 20th November 2001 on the internet at http://www.doh.gov.uk/generics/medicines.htm by the Department of Health ;
“marketing authorisation” means a marketing authorisation for a medicinal product for human use granted —
by the competent authorities of the United Kingdom in accordance with Council Directive 65/65/ EEC of 26th January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products ; or
by the European Agency for the Evaluation of Medicinal Products in accordance with Council Regulation (EEC) No. 2309/93 of 22nd July 1993 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“presentation” means a particular form of a medicine which may be distinguished from other forms of that medicine by reference to pack size;
“specified generic health service medicine” means a health service medicine which —
is included in the list of specific generic medicines notwithstanding the addition of a manufacturer’s or supplier’s name or trade mark; but
is not identifiable by and traded under a specified name given to it by any person who is the manufacturer, supplier or holder of a marketing authorisation relating to it;
“supply” means supply by way of sale to a person lawfully conducting a retail pharmacy business or to a registered medical practitioner, in order to enable that person or practitioner (as the case may be) to provide pharmaceutical services within the meaning of —
section 41 of the National Health Service Act 1977 in England or Wales;
section 27 of the National Health Service (Scotland) Act 1978 in Scotland;
article 63 of the Health and Personal Social Services (Northern Ireland) Order 1972 in Northern Ireland.
2
A health service medicine is supplied on the date on which a contract for its sale for health service use is concluded.
3
Any reference in these Regulations to a numbered regulation is a reference to a regulation which bears that number in these Regulations and any reference to a numbered paragraph in a regulation is a reference to the paragraph in that regulation which bears that number.
Information
3
1
This regulation applies to any manufacturer or supplier of specified generic health service medicines who —
a
holds either a wholesale dealer’s licence within the meaning of section 8(3) of the Medicines Act 1968 or a marketing authorisation in respect of those specified generic health service medicines; and
b
during the year ended 31st December 2000 supplied generic medicines for health service use to the value of not less than £1,000,000.
2
Any holder of a marketing authorisation to whom this regulation applies shall, to the extent that the information is available to him, by 31st January 2002 provide to the Secretary of State the following information in respect of each specified generic health service medicine which was manufactured in accordance with his marketing authorisation during the year ended 31st December 2000 —
a
the number of packs of each presentation sold by way of wholesale or supplied to persons lawfully conducting pharmacy businesses and dispensing doctors, and
b
the receipts from the sales and supplies of each presentation identified separately in respect of receipts from such sale or supply;
c
where he did not manufacture the medicines, the identity of the manufacturer and the charges made by him for the manufacture of those medicines;
for the period of 12 months which ended on 31st August 2001.
3
Any holder of a wholesale dealer’s licence to whom this regulation applies shall, to the extent that the information is available to him, by 31st January 2002 provide to the Secretary of State in respect of each specified generic health service medicine information on the number of packs of each presentation —
a
supplied to persons lawfully conducting pharmacy businesses and dispensing doctors, or
b
sold by way of wholesale dealing;
together with information on the receipts from the supplies and sales of each presentation identified separately in respect of receipts from supplies to persons conducting pharmacy businesses, supplies to dispensing doctors and sales by way of wholesale dealing for the period of 12 months which ended on 31st August 2001.
4
Where the manufacture, sale or supply of any medicine mentioned in paragraph (2) or (3) was undertaken by more than one company in a group of companies, the information required in respect of that medicine includes information on transactions between those companies which relate to its manufacture, sale, supply and ownership.
5
Information given under this regulation shall include information on the amount of any discount or rebate given in respect of each product, or, where discounts and rebates cannot be separately identified, the total value in respect of more than one such product.
Penalties
4
1
A manufacturer or supplier who contravenes any provision of regulation 3 shall, on the demand of the Secretary of State, pay to him a daily penalty calculated under the Schedule to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice —
a
in writing, or
b
transmitted by electronic means in a legible form which is capable of being used for subsequent reference,
addressed to the manufacturer or supplier in question and it shall state the amount of the penalty calculated up to the date of the demand and the period within which it shall be paid.
Appeals
5
A manufacturer or supplier of specified generic health service medicines shall have a right of appeal in accordance with regulations made under section 37(5) of the Health Act 1999 against any decision made under these Regulations which relates to him.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
28th November 2001


text:
PART I —
GENERAL
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Tribunal (Legal Assistance) Regulations 2001 and shall come into force on 30th November 2001.
Interpretation
2
In these Regulations:
“ the Act ” means the Financial Services and Markets Act 2000;
“advocate” means:
a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society; or
in relation to Scotland, a member of the Faculty of Advocates or a solicitor who holds rights of audience under section 25A of the Solicitors (Scotland) Act 1980 ;
“assisted person” means a person in receipt of legal assistance;
“the Authority” means the Financial Services Authority;
“decision notice” means a decision notice given by the Authority under section 127(1) of the Act;
“disposable income” and “disposable capital” mean, respectively, income and capital, calculated in accordance with regulations 16 to 34;
“legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference under section 127(4) of the Act and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and include advice, assistance and representation for the purpose of those proceedings;
“partner” except in the expression “partner in a business” means a person with whom the applicant lives as a couple, and includes a person with whom the applicant is not currently living but from whom he is not living separate and apart;
“representative” means a solicitor or an advocate; and
“the Tribunal” means the Financial Services and Markets Tribunal established under section 132 of the Act, and, for the purposes of these Regulations, includes:
any member of the panel of chairmen of the Tribunal established under paragraph 3 of Schedule 13 to the Act acting alone; and
any person acting on behalf of the Tribunal in accordance with regulation 43.
Scope
3
1
The Lord Chancellor shall fund such legal assistance as the Tribunal directs regarding a relevant reference.
2
For the purposes of this regulation, a relevant reference is a reference which the Tribunal is to determine in relation to any individual who:
a
has received a decision notice from the Authority;
b
has referred the matter to the Tribunal under section 127(4) of the Act; and
c
fulfils the criteria set out in regulation 8.
Applications for legal assistance
4
1
Any application shall be made in writing to the Tribunal.
2
The application shall state:
a
the name and address of the applicant;
b
the name and address of the applicant’s solicitor;
c
the Tribunal reference number allocated to the case, if known;
d
the reasons why the applicant considers it to be in the interests of justice for legal assistance to be granted; and
e
details of the financial resources of the applicant and of any other person whose resources are to be treated as his resources under these Regulations.
Provision of information
5
1
The Tribunal may direct the applicant to provide any information it requires in order to decide whether to grant his application.
2
The applicant shall provide the Tribunal with any information it requires under paragraph (1).
Legal assistance order
6
1
Where an application for legal assistance is granted, the Tribunal shall:
a
issue a legal assistance order; and
b
send a copy of the order to:
i
the applicant;
ii
the applicant’s solicitor; and
iii
the Authority.
2
The legal assistance order shall include details of any contribution payable.
Refusal of legal assistance
7
1
Where an application for legal assistance is refused, the Tribunal shall send written reasons for the refusal to the applicant.
2
An applicant whose application for legal assistance has been refused may make a renewed application in writing to the Tribunal.
3
Any renewed application to the Tribunal under paragraph (2) shall specify any new or additional factors which the applicant wishes the Tribunal to take into account.
PART II —
ELIGIBILITY, ASSESSMENT AND CONTRIBUTIONS
Eligibility
8
The Tribunal shall grant legal assistance to an individual if it is satisfied that:
a
it is in the interests of justice to do so; and
b
his financial resources are such that he requires assistance in meeting the legal costs he would, but for these Regulations, be likely to incur in relation to the proceedings before the Tribunal.
Interests of justice test
9
In deciding whether it is in the interests of justice for legal assistance to be granted, the Tribunal shall take all relevant factors into account, including:
a
whether the individual would, if any matter arising in the proceedings before the Tribunal is decided against him, be likely to lose his livelihood or suffer serious damage to his reputation;
b
whether the determination of any matter arising in the proceedings may involve consideration of a substantial question of law;
c
whether the individual may be unable to understand the proceedings or to state his own case;
d
whether the proceedings may involve the tracing, interviewing or expert cross-examination of witnesses on behalf of the individual; and
e
whether it is in the interests of another person that the individual be represented.
Financial eligibility
10
1
Where a doubt arises as to whether the financial resources of an individual are such that he requires legal assistance, the doubt shall be resolved in his favour.
2
The Tribunal shall determine the financial eligibility of the applicant and any contribution payable in accordance with these Regulations.
3
The Tribunal may appoint an expert to prepare a report with regard to the financial resources of the applicant.
Resources of other persons
11
1
In calculating the disposable income and disposable capital of the applicant, the resources of his partner shall be treated as his resources.
2
Where it appears to the Tribunal that:
a
another person is, has been or is likely to be substantially maintaining the applicant; or
b
any of the resources of another person have been or are likely to be made available to the applicant
the Tribunal may treat all or any part of the resources of that other person as the resources of the applicant.
3
In this regulation and regulation 12 “person” includes a company, partnership, body of trustees and any body of persons, whether corporate or not corporate.
Deprivation or conversion of resources
12
If it appears to the Tribunal that the applicant has, with intent to reduce the amount of his disposable income or disposable capital, whether for the purpose of making himself eligible to receive legal assistance, reducing his liability to pay a contribution, or otherwise:
a
directly or indirectly deprived himself of any resources;
b
transferred any resources to another person; or
c
converted any part of his resources into resources which under these Regulations are to be wholly or partly disregarded
the resources which he has so deprived himself of, transferred or converted shall be treated as part of his resources or as not so converted as the case may be.
Duty to report change in financial circumstances
13
The assisted person shall immediately inform the Tribunal of any change in his financial circumstances (or those of any other person whose resources are to be treated as his resources under these Regulations) of which he is, or should reasonably be aware, which has occurred since any assessment of his resources, and which might affect the terms on which he was assessed as eligible to receive legal assistance.
Amendment of assessment due to error or receipt of new information
14
Where:
a
it appears to the Tribunal that there has been an error in the assessment of a person’s resources or contribution, or in any calculation or estimate upon which such assessment was based; or
b
new information which is relevant to the assessment has come to light
the Tribunal may make an amended assessment, and may take such steps equitable to give effect to it in relation to any period during which legal assistance has already been provided.
Further assessments
15
1
Where it appears that the circumstances of the assisted person may have altered so that:
a
his disposable income has increased by an amount greater than £750 or decreased by an amount greater than £300; or
b
his disposable capital has increased by an amount greater than £750
the Tribunal shall, subject to paragraph (6), make a further assessment of the assisted person’s resources and any contribution which he is required to pay under regulation 35, in accordance with these Regulations.
2
Where a further assessment is made, the period of calculation for the purposes of disposable income shall be the period of 12 months following the date of the change of circumstances or such other period of 12 months as the Tribunal considers appropriate.
3
Where a further assessment is made, the amount or value of every resource of a capital nature acquired since the date of the original application shall be ascertained as at the date of receipt of that resource.
4
Any capital contribution which becomes payable as a result of a further assessment shall be payable in respect of the cost of the legal assistance, including costs already incurred.
5
Where legal assistance is withdrawn as a result of a further assessment of capital, the Tribunal may require a contribution to be paid in respect of costs already incurred.
6
The Tribunal may decide not to make a further assessment under paragraph (1) if it considers such a further assessment inappropriate, having regard in particular to the period during which legal assistance is likely to continue to be provided to the assisted person.
Calculation of income
16
1
The income of the individual from any source shall be taken to be the income which he may reasonable expect to receive (in cash or in kind) during the period of calculation.
2
For the purpose of this regulation and regulation 32, the period of calculation shall be the 12 months starting on the date of the application for legal assistance or such other 12 month period as the Tribunal considers appropriate.
17
1
The income from a trade, business or gainful occupation other than an occupation at a wage or salary shall be deemed to be whichever of the following the Tribunal considers more appropriate and practicable:
a
the profits which have accrued or will accrue to the individual in respect of the period of calculation; or
b
the drawings of the individual.
2
In calculating the profits under paragraph (1)(a):
a
the Tribunal may have regard to the profits of the last accounting period of such trade, business or gainful occupation for which accounts have been prepared; and
b
there shall be deducted all sums necessarily expended to earn those profits, but no deduction shall be made in respect of the living expenses of the individual or any member of his family or household, except in so far as that person is wholly or mainly employed in that trade or business and such living expenses form part of his remuneration.
18
1
For the purposes of this regulation, “national insurance contributions” means contributions under Part I of the Social Security Contributions and Benefits Act 1992 .
2
In calculating the disposable income of the individual, any income tax and national insurance contributions paid or payable on that income in respect of the period of calculation shall be deducted.
19
1
For the purposes of this regulation, “the Schedule” means Schedule 2 to the Income Support (General) Regulations 1987 .
2
Subject to paragraph (3), in calculating the disposable income of the individual there shall be a deduction at or equivalent to the following rates (as they applied at the beginning of the period of calculation):
a
in respect of the maintenance of his partner, the difference between the income support allowance for a couple both aged not less than 18 (which is specified in column 2 of paragraph 1(3)(d) of the Schedule), and the allowance for a single person aged not less than 25 (which is specified in column 2 of paragraph 1(1)(e) of the Schedule); and
b
in respect of the maintenance of any dependant child or dependant relative of his, where such persons are members of his household:
i
in the case of a dependant child or a dependant relative aged 15 or under at the beginning of the period of calculation, the amount specified at (a) in column 2 in paragraph 2(1) of the Schedule; and
ii
in the case of a dependant child or a dependant relative aged 16 or over at the beginning of the period of calculation, the amount specified at (b) in column 2 in paragraph 2(1) of the Schedule.
3
The Tribunal may reduce any rate provided by virtue of paragraph (2)(b) by taking into account the income and other resources of the dependant child or dependant relative to such extent as appears to the Tribunal to be equitable.
4
In ascertaining whether a child is a dependant child or whether a person is a dependant relative for the purpose of this regulation, regard shall be had to their income and other resources.
20
Where the individual is making and, throughout such period as the Tribunal considers adequate, has regularly made payments for the maintenance of:
a
a former partner;
b
a child; or
c
a relative
who is not a member of his household, in calculating the disposable income of the individual a reasonable amount shall be deducted in respect of such payments.
21
In calculating the disposable income of the individual from any source, the Tribunal shall disregard such amount (if any) as it considers reasonable, having regard to the nature of the income or to any other circumstances.
22
In calculating the disposable income of the individual, any sums (net of council tax benefit) payable by him in respect of the council tax to which he is liable by virtue of section 6 of the Local Government Finance Act 1992 shall be deducted.
23
Where the income of the individual consists, wholly or partly, of a wage or salary from employment, in calculating his disposable income there shall be deducted:
a
the reasonable expenses of travelling to and from his place of employment;
b
the amount of any payments reasonably made for membership of a trade union or professional organisation;
c
where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the individual during the time that he is absent from home by reason of his employment; and
d
the amount of any contribution paid, whether under a legal obligation or not, to an occupational pension scheme or a personal pension scheme within the meaning of section 1 of the Pension Schemes Act 1993 .
24
1
Paragraphs (2) to (5) apply only if the individual is a householder.
2
In calculating the disposable income of the individual, the net rent payable by him in respect of his main or only dwelling, or such part of it as is reasonable in the circumstances, shall be deducted.
3
Where the individual lives in more than one dwelling, the Tribunal shall decide which is the main dwelling.
4
For the purpose of this regulation, “net rent” includes:
a
any annual rent payable;
b
any annual instalment (whether of interest or capital) in respect of a mortgage debt or heritable security up to a maximum of an amount bearing the same proportion to the amount of the annual instalment as £100,000 bears to the debt secured; and
c
a sum in respect of yearly outgoings borne by the householder including, in particular, any water and sewerage charges, and a reasonable allowance towards any necessary expenditure on repairs and insurance.
5
In calculating the amount of net rent payable, there shall be deducted:
a
any housing benefit paid under the Social Security Contributions and Benefits Act 1992;
b
any proceeds of sub-letting any part of the premises; and
c
an amount reasonably attributable to any person other than the individual, his partner or any dependant, who is accommodated in the premises otherwise than as a sub-tenant.
6
If the individual is not a householder, a reasonable amount in respect of the cost of his living accommodation shall be deducted.
Calculation of capital
25
Subject to the provisions of these Regulations, in calculating the disposable capital of the individual, the amount or value of every resource of a capital nature belonging to him on the date on which the application for legal assistance is made shall be included.
26
In so far as any resource of a capital nature does not consist of money, its value shall be taken to be:
a
the amount which that resource would realise if sold; or
b
the value assessed in such other manner as appears to the Tribunal to be equitable.
27
Where money is due to the individual, whether it is payable immediately or otherwise and whether payment is secured or not, its value shall be taken to be its present value.
28
The value to the individual of any life insurance or endowment policy shall be taken to be the amount which he could readily borrow on the security of that policy.
29
Other than in circumstances which are exceptional having regard in particular to the quantity or value of the items concerned, nothing shall be included in the disposable capital of the individual in respect of:
a
the household furniture and effects of the main or only dwelling house occupied by him;
b
articles of personal clothing; and
c
the tools and equipment of his trade, unless they form part of the plant or equipment of a business to which the provisions of regulation 30 apply.
30
1
Where the individual is the sole owner of or partner in a business, the value of the business to him shall be taken to be the greater of:
a
such sum, or his share of such sum, as could be withdrawn from the assets of his business without substantially impairing its profits or normal development; and
b
such sum as the individual could borrow on the security of his interest in the business without substantially injuring its commercial credit.
2
Where the individual stands in relation to a company in a position analogous to that of a sole owner or partner in a business, the Tribunal may, instead of ascertaining the value of his stocks, shares, bonds or debentures in that company, treat him as if he were a sole owner or partner in a business and calculate the amount of his capital in respect of that resource in accordance with paragraph (1).
3
Where the individual owns solely, jointly or in common with other persons, any interest on the termination of a prior estate, whether
a
legal or equitable;
b
vested or contingent;
c
in reversion or remainder; and
d
whether in real or personal property or in a trust or other fund
the value of such interest shall be calculated in such manner as is both equitable and practicable.
4
In Scotland, the value of any interest, whether vested or contingent, of the individual in the fee of any heritable or moveable property forming the whole or part of any trust or other estate, shall be calculated in such manner as is both equitable and practicable.
31
1
In calculating the disposable capital of the individual, the value of any interest in land shall be taken to be the amount for which that interest could be sold less the amount of any mortgage debt or heritable security, subject to the following:
a
in calculating the value of his interests, the total amount to be deducted in respect of all mortgage debts or heritable securities shall not exceed £100,000;
b
in making the deductions in sub-paragraph (a), any mortgage debt or heritable security in respect of the main or only dwelling shall be deducted last; and
c
the first £100,000 of the value of his interest (if any) in the main or only dwelling in which he resides, after the application of sub-paragraphs (a) and (b), shall be disregarded.
2
Where the individual resides in more than one dwelling, the Tribunal shall decide which is the main dwelling.
32
Where under any statute, bond, covenant, guarantee or other instrument the individual is under a contingent liability to pay any sum or is liable to pay a sum not yet ascertained, the Tribunal shall disregard such amount as is reasonably likely to become payable within the period of calculation in regulation 16(2).
33
In calculating the disposable capital of the individual, the Tribunal may disregard any capital resource where:
a
the individual is restrained from dealing with that resource by order of a court;
b
he has requested the court which made the order to release part or all of that resource for use in connection with the proceedings before the Tribunal; and
c
that request has been refused.
34
In calculating the disposable capital of the individual, the Tribunal may disregard such amount of capital (if any) as it considers reasonable, having regard to the nature of the capital or to any other circumstances.
Contributions
35
1
The assisted person shall make the following contributions:
a
where his annual disposable income exceeds £3,110, monthly contributions of one thirty-sixth of the excess; and
b
where his disposable capital exceeds £3,000, a contribution of the whole of the amount of the excess.
2
All contributions shall be payable in such manner as the Tribunal directs.
3
All contributions payable under paragraph (1)(a) shall be payable monthly throughout the period the legal assistance order is in force.
4
All contributions payable under paragraph (1)(b) shall be payable upon assessment, or at such other time as the Tribunal directs.
5
Where the contribution made by the assisted person exceeds the cost to the Tribunal of the legal assistance provided to him, the excess shall be refunded to the assisted person.
36
1
Where, on determining a reference, the Tribunal directs the Authority to:
a
take no action against the assisted person;
b
impose a penalty on the assisted person of a lesser amount than that stated in the decision notice; or
c
instead of imposing a penalty on the assisted person, publish a statement to the effect that he has engaged in market abuse
the Tribunal may, at the hearing of the reference, order the refund of some or all of any contribution made by the assisted person.
2
In making a decision under paragraph (1), the Tribunal shall have regard to all the circumstances of the case, including the conduct of the parties.
PART III —
ASSIGNMENT OF REPRESENTATIVE
37
1
A legal assistance order may provide for legal assistance to be provided by a solicitor alone, or by a solicitor and one or more advocates.
2
The Tribunal, in deciding what legal assistance to grant under paragraph (1), shall take all relevant factors into account, including:
a
whether the case appears to involve substantial, novel or complex issues of law or fact;
b
whether the case is exceptional compared with the generality of such cases; and
c
the number and level of advocates instructed on behalf of the Authority.
38
Where the Authority has issued a decision notice against more than one assisted person in the same case, the Tribunal may, unless it considers it not to be in the interests of justice to do so, assign the same solicitor and, if any, advocate, to each of those individuals.
Amendment of legal assistance order
39
1
An application may be made to the Tribunal to amend a legal assistance order, and any such application shall state the grounds on which it is made.
2
The Tribunal may grant or refuse any application made under paragraph (1).
3
The Tribunal may, before granting legal assistance for more than one advocate, require written advice from any advocate already assigned to the assisted person on the question of what legal assistance is required in the proceedings.
40
1
Where an application for legal assistance has been granted, an application may be made to the Tribunal to select a representative in place of a representative previously assigned and any such application shall state the grounds on which it is made.
2
The Tribunal may grant or refuse any application made under paragraph (1).
PART IV —
WITHDRAWAL OF LEGAL ASSISTANCE
41
1
The Tribunal may withdraw legal assistance where:
a
the assisted person has requested that it do so;
b
there has been a change of circumstances in relation to any of the factors which the Tribunal took into account in deciding that legal assistance should be granted;
c
the assisted person has failed to provide any relevant information or evidence;
d
the assisted person has made a false statement regarding his financial resources;
e
the assisted person has failed to pay all or part of any contribution required by the Tribunal; or
f
it appears to the Tribunal to be in the interests of justice to do so.
2
Before the Tribunal withdraws legal assistance, it shall take into account any representations which are made within a reasonable time by or on behalf of the assisted person.
3
Where legal assistance is withdrawn, the Tribunal shall provide written notification of the withdrawal and of the reason for it to the assisted person and his solicitor, who shall inform any assigned advocate.
4
On any subsequent application by the assisted person for legal assistance in respect of the same proceedings, he shall declare the withdrawal of legal assistance and the reason for it.
Duty to report abuse
42
Notwithstanding the relationship between or rights of a representative and client or any privilege arising out of any such relationship, where the representative for an assisted person knows or suspects that that person:
a
has intentionally failed to comply with any provision of these Regulations concerning the information to be provided by him; or
b
in providing such information has knowingly made a false statement or false representation
the representative shall immediately report the circumstances to the Tribunal.
PART V —
CONSTITUTION
43
Any act required or authorised by these Regulations to be done by the Tribunal may be done by a member of the panel of chairmen of the Tribunal acting alone or by a person authorised by the Tribunal to carry out that act.
Signed by the authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
8th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Burnley (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parish of Hapton to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
Article 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parish of Ightenhill to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
5
In this Order —
“borough” means the borough of Burnley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Burnley (Electoral Changes) Order” and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Burnley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Burnley
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 in each ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Hapton
4
1
The existing wards of the parish of Hapton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Hapton, Printers Fold and Stonemoor Bottom; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Hapton parish ward shall be seven and for each of the Printers Fold and Stonemoor Bottom parish wards shall be one.
Number of parish councillors
5
The number of parish councillors to be elected for the parish of Ightenhill shall be seven.
Parish Elections
6
1
Elections of all parish councillors for the parishes of Briercliffe and Cliviger shall be held simultaneously on the ordinary day of elections of councillors in 2002 and every fourth year after 2002.
2
Elections of all parish councillors for the parishes of Dunnockshaw, Habergham Eaves and Hapton shall be held simultaneously on the ordinary day of elections of councillors in 2003 and every fourth year after 2003.
3
Elections of all parish councillors for the parishes of Ightenhill and Worsthorne-with-Hurstwood shall be held simultaneously on the ordinary day of elections of councillors in 2004 and every fourth year after 2004.
4
The term of office of any parish councillor to whom paragraphs (1) to (3) of this article apply shall be four years; and those parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
7
The Borough of Burnley (Electoral Arrangements) Order 1976 and the Borough of Burnley (Electoral Arrangements) Order 1990 are hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lancashire Care National Health Service Trust (Establishment) and the Guild Community Healthcare National Health Service Trust and the North Sefton and the West Lancashire Community National Health Service Trust (Dissolution) Order 2001 and subject to paragraph (2), shall come into force on 1st January 2002.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 1st January 2002;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lancashire Care National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Lancashire Care National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Moor Park House, 1 Moor Park Avenue, Preston PR1 6AS
and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date
7
The North West Lancashire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust.
Dissolution of NHS trusts
8
1
The Guild Community Healthcare National Health Service Trust established by the Guild Community Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The North Sefton and the West Lancashire Community National Health Service Trust established by the North Sefton and the West Lancashire Community National Health Service Trust (Establishment) Order 1999 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
This Order shall be cited as the East Middlesbrough Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 26th October 2001.
Interpretation
2
In this Order —
“East Middlesbrough Education Action Zone” means the Education Action Zone established by the East Middlesbrough Education Action Zone ( No. 2) Order 1998 .
Extension of the East Middlesbrough Education Action Zone
3
The East Middlesbrough Education Action Zone is extended for a further period of two years beginning with 26th October 2001.
Variation of the East Middlesbrough Education Action Zone (No. 2) Order 1998
4
There shall be inserted after article 10 of the East Middlesbrough Education Action Zone (No. 2) Order 1998 the following article:
Removal from office by Forum
10A
A member of the Forum may be removed from the office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 5(a) or article 6, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 5(a) or 6, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 5(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 6, if that person no longer appears to the Forum to represent the interests of either business, parents of compulsory school age children, or the voluntary sector, in the area served by zone schools, as the case may be.
Variation of the East Middlesbrough Education Action Zone (No. 2) Order 1998
5
1
The East Middlesbrough Education Action Zone (No. 2) Order 1998 is varied as follows:
2
In Schedule 1 the words “Tees Valley Connexions” will be substituted for “Future Steps Limited: Fry Street, Middlesbrough”.
3
In Schedule 1 the words “Comcast Teesside Limited: Roberts House, De Havilland Avenue, Preston Business Park, Stockton on Tees, TS18 3TH” and, “East Middlesbrough Parents Group”, are deleted.
4
In Schedule 1 the words, “Middlesbrough Learning and Skills Council” are inserted after “Gatsby Charitable Foundation, 4/7 Red Lion Court, London EC4A 3EB”.
5
In Schedule 2 the words “St Anthony’s RC School” will be deleted on 1st September 2002.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment No. 2) Regulations 2001 and shall come into force on 19th December 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendment of the principal Regulations
3
1
Amend the principal Regulations as follows.
2
In regulation 6(2) after sub-paragraph (n) add —
o
investments which —
i
were held under the plan on 28th November 2001,
ii
on that date were admitted to trading on a recognised stock exchange in an EEA State and were not listed by a competent authority in an EEA State for the purposes of Council Directive 2001/34 ,
iii
since that date have not ceased to be so admitted and have not become so listed,
iv
do not fall within any of the other sub-paragraphs of this paragraph, and
v
are not investments which, having fallen within any of those sub-paragraphs, have ceased so to fall on or after that date.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
28th November 2001


text:
1
1
These Regulations may be cited as the Street Works (Inspection Fees) (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
2
In regulation 3(1) of the Street Works (Inspection Fees) Regulations 1992 for the figure of “£14.50” there shall be substituted “£15.50”.
3
The Street Works (Inspection Fees) (Amendment) Regulations 1998 are revoked so far as they extend to England.
Signed by the authority of the
Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th March 2001