text:
Citation and commencement
1
These Regulations may be cited as the General Betting Duty Regulations 2001 and come into force on 6th October 2001.
Revocation and amendment
2
1
The General Betting Duty Regulations 1987 and the General Betting Duty (Amendment) Regulations 2000 are revoked.
2
Regulation 2 of the Betting and Gaming Duties (Payment) Regulations 1995 is omitted.
Interpretation
3
In these Regulations —
“accounting period”, subject to regulations 7 to 11 below, has the meaning given in section 5D(1)(a) of the Act ;
“the Act” means the Betting and Gaming Duties Act 1981;
“bookmaker” includes —
a person who is a bet-broker (as defined in section 5C(1) of the Act), and
a person who is liable to pay duty by virtue of section 5B(4) of the Act,
and “bookmaking” includes the betting related activities of those persons;
“duty” means general betting duty charged in accordance with sections 2 to 5D of the Act;
“off-course bet” means a bet that is not an on-course bet;
“on-course bookmaker” means a person who intends to carry on or is carrying on bookmaking at a meeting,
and in references to “bets of any class”, on-course bets are not included.
Accepting bets
4
1
A bookmaker must not accept a bet unless he immediately makes a record of that bet in such form as, in accordance with paragraph 6 of Schedule 1 to the Act, the Commissioners have directed.
2
In the case of a bet placed by a person who is present, a bookmaker must immediately issue to that person a voucher bearing a record number.
3
Where paragraph (2) above applies, the record number must be the same as the number used to identify the bet in the record referred to in paragraph (1) above.
4
Subject to paragraph (5) below, an on-course bookmaker is not required to comply with paragraphs (1) and (2) above.
5
An on-course bookmaker who accepts an off-course bet must in relation to that bet —
a
comply with paragraphs (1) and (2) above, and
b
except where paragraph (6) below applies, within 7 days of accepting it notify the Commissioners that he has accepted it.
6
An on-course bookmaker who has —
a
notified the Commissioners that he intends to accept off-course bets, and
b
has not subsequently notified the Commissioners that he does not intend to accept off-course bets,
is not required to comply with paragraph (5)(b) above.
Returns
5
1
For the purpose of accounting for duty every bookmaker must furnish the Commissioners with a return by the fifteenth day following the end of the accounting period to which it relates.
2
A return must be furnished —
a
in a form specified in a notice published by the Commissioners and not withdrawn by a further notice, or
b
in such form to the like effect as the Commissioners may approve.
3
A return must be furnished —
a
at the address specified on the form, or
b
by such means as the Commissioners may approve.
4
Subject to paragraph (5) below, an on-course bookmaker is not required to furnish returns.
5
An on-course bookmaker who accepts an off-course bet in an accounting period must furnish a return for that accounting period and, subject to paragraph (6) below, for every subsequent accounting period.
6
An on-course bookmaker who has accepted off-course bets is not required to furnish a return for an accounting period if —
a
he did not accept an off-course bet in that accounting period,
b
when furnishing his return in relation to an earlier accounting period he notified the Commissioners that he does not intend to accept off-course bets, and
c
since he so notified the Commissioners he has not accepted an off-course bet.
Payment
6
1
Not later than the fifteenth day following the end of an accounting period a bookmaker must pay to the Commissioners the duty due from him in respect of that accounting period.
2
Payment must be made —
a
in such manner as is specified in a notice published by the Commissioners and not withdrawn by a further notice, or
b
in such manner as the Commissioners may approve.
3
Where the manner of payment involves the collection of the duty due to the Commissioners by means of a direct debit, the bookmaker must ensure that he has sufficient funds in his account to satisfy the payment.
Non-standard accounting periods
7
1
Subject to this regulation and regulations 8 to 11 below, the period beginning with the day these Regulations come into force and ending at the end of November 2001 is an accounting period.
2
Where a bookmaker gives an effective notice in accordance with regulation 9 or 10 below that the first month of his three-month accounting periods will be October 2001, the period beginning with the day these Regulations come into force and ending at the end of December 2001 is his first three-month accounting period.
3
A bookmaker cannot give an effective notice in accordance with regulation 9 or 10 below that the first month of his three-month accounting periods will be November 2001.
8
1
Subject to the provisions of this regulation, a bookmaker may give the Commissioners written notice that the twelve consecutive periods set out in his notice will be his accounting periods.
2
The notice required by paragraph (1) above must —
a
be given to the Commissioners at least twenty-eight days before the day on which the first accounting period set out in the notice begins,
b
specify the day on which each accounting period begins, and
c
specify the day on which the twelfth accounting period ends,
and the day on which the twelfth accounting period ends must be no later than fifty-three weeks after the day on which the first accounting period begins.
3
Each accounting period must be a period of not less than 27 consecutive days and not more than 35 consecutive days.
4
Where the Commissioners receive a bookmaker’s notice complying with this regulation —
a
his accounting period immediately preceding the first accounting period set out in his notice will end when that first accounting period begins,
b
the twelve consecutive periods set out in his notice will be his accounting periods, and
c
his accounting period immediately following the twelfth accounting period set out in his notice will begin when that twelfth accounting period ends.
5
Unless in compliance with this regulation the Commissioners have received a notice that a bookmaker’s accounting periods will be the further twelve consecutive accounting periods beginning when the twelfth accounting period mentioned in paragraph (4)(c) above ends, the accounting period immediately following that twelfth accounting period ends at the end of the month in which it began.
9
1
Subject to the provisions of this regulation, a bookmaker may give the Commissioners written notice that four consecutive accounting periods each comprising three consecutive months will be his accounting periods.
2
The notice required by paragraph (1) above must be given to the Commissioners at least 28 days, but not more than 90 days, before the day on which the first three-month accounting period begins and must specify the first calendar month of that accounting period.
3
A bookmaker must not give notice under paragraph (1) above if —
a
he has in the twelve months immediately preceding the date of his notice been convicted of an offence under paragraph 13(3) of Schedule 1 to the Act, or
b
he has failed to furnish any return that he was, in accordance with regulation 5 above or regulation 6 of the General Betting Duty Regulations 1987, required to furnish in the twelve months immediately preceding the date of his notice, or
c
(subject to regulation 11(3) below) any duty due from him in accordance with regulation 6 above or regulation 6 of the General Betting Duty Regulations 1987 is outstanding at the date of his notice.
4
A bookmaker must not give notice under paragraph (1) above unless, subject to paragraph (6) below, his net stake receipts were a negative amount in two accounting periods within the twelve months immediately preceding the date of his notice.
5
Any notice that —
a
does not comply with the requirements of this regulation,
b
is given in contravention of paragraph (3) or (4) above, or
c
is given in relation to a period that is already a three-month accounting period under these Regulations,
is ineffective.
6
For the purposes of paragraph (4) above, a bookmaker’s net stake receipts must be calculated, and he must be treated as if, each calendar month was an accounting period whether or not this is actually the case.
7
For the purposes of this regulation, subject to paragraph (6) above, net stake receipts are to be calculated in the manner described in section 5(1) of the Act (including, where so required, in relation to periods before these Regulations came into force).
10
1
Subject to the provisions of this regulation, a bookmaker may give the Commissioners written notice that consecutive periods each comprising three consecutive months will be his accounting periods in respect of qualifying bets.
2
The notice required by paragraph (1) above must be given to the Commissioners at least twenty-eight days before the day on which the first three-month accounting period begins and must specify the first calendar month of that accounting period.
3
A bookmaker must not give notice under paragraph (1) above if —
a
he has in the twelve months immediately preceding the date of his notice been convicted of an offence under paragraph 13(3) of Schedule 1 to the Act, or
b
he has failed to furnish any return that he was, in accordance with regulation 5 above or regulation 6 of the General Betting Duty Regulations 1987, required to furnish in the twelve months immediately preceding the date of his notice, or
c
(subject to regulation 11(3) below) any duty due from him in accordance with regulation 6 above or regulation 6 of the General Betting Duty Regulations 1987 is outstanding at the date of his notice.
4
Any notice that does not comply with the requirements of this regulation or that is given in contravention of paragraph (3) above is ineffective.
5
In this regulation “qualifying bets” are —
a
financial spread bets, and
b
bets of any class made with a qualifying bookmaker.
6
A bookmaker is a qualifying bookmaker if in the twelve months immediately preceding the date of his notice the aggregate of the amounts that were due to him in respect of bets of any class did not exceed £600,000.
11
1
Where a bookmaker’s accounting periods are specified under regulation 9 or 10 above and he —
a
is convicted of an offence under paragraph 13(3) of Schedule 1 to the Act,
b
fails to furnish a return by the due date in accordance with regulation 5 above, or
c
fails to pay duty due from him in accordance with regulation 6 above, each calendar month following the accounting period in which he was convicted or in respect of which that failure occurred is an accounting period.
2
If —
a
a bookmaker’s accounting periods are specified under regulation 10 above, and
b
in the twelve months immediately preceding the end of any three-month accounting period the aggregate of the amounts that were due to that bookmaker in respect of bets of any class exceeded £750,000,
his accounting periods in respect of bets other than financial spread bets cease to be those specified under regulation 10 above; and each calendar month following the end of that three-month accounting period is an accounting period.
3
For the purposes of —
a
regulations 9(3)(c) and 10(3)(c) above, and
b
paragraph (1)(c) of this regulation,
if the Commissioners have agreed to accept late payment of any duty that duty is not to be treated as outstanding from a bookmaker unless he fails to pay it by the time for payment agreed with the Commissioners.
Protection of the revenue
12
1
The Commissioners may require a bookmaker to provide security (by means of deposit or otherwise) for the payment of any duty that is or may become due from him.
2
Where —
a
a person provides facilities for bookmaking at the place where any event is to be held, and
b
it comes to his attention that a bookmaker at that place is not complying with regulation 4, 5 or 6 above,
he must notify the Commissioners of the circumstances without delay.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
LONDON SE1 9PJ
11th September 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Code of Practice for Examining Officers) Order 2001 and shall come into force on 19th February 2001.
Code of practice
2
The code of practice in connection with the exercise of functions conferred on examining officers (within the meaning of Schedule 7 to the Act) by virtue of the Act, which was laid before Parliament in draft on 15th January 2001, shall come into operation on 19th February 2001.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
15th February 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 3) Order 2001; it extends to England and shall come into force on 14th March 2001 at 6 p.m.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 in so far as it applies to England, shall be amended in accordance with the following paragraphs of this article.
2
In paragraph (1) of article 3 (Interpretation), after the definition of “suspected animal” there shall be inserted the following definition —
“trunk road” shall have the same meaning as in section 329(1) of the Highways Act 1980 ;
.
3
For paragraph 1(a) of article 8 (Restrictions to operate immediately on certification of suspected case of disease) there shall be substituted the following paragraph —
a
the movement is through the area by railway, motorway or trunk road and the animal is not unloaded within the area; or
.
Signed at 5.35 p.m. on 14th March 2001
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
Citation and commencement
1
This Order may be cited as the Salford Community Health Care National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Salford Community Health Care National Health Service Trust established by the Salford Community Health Care 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
Hunt
Parliamentary Under-Secretary of State,
Department of Health
26th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Legal Service (Funding) (Amendment) Order 2001 and shall come into force on 2nd April 2001.
2
In this Order, any reference to an article by number alone is a reference to the article so numbered in the Community Legal Service (Funding) Order 2000 .
Transitional provision
2
This Order shall apply to work carried out on or after 2nd April 2001 and in relation to work carried out before that date the Community Legal Service (Funding) Order 2000 shall have effect as if this Order had not been made.
Amendments to Community Legal Service (Funding) Order 2000
3
In article 2(1), the following definition shall be inserted after the definition of “the Act” —
“assessing authority” means, where remuneration is payable by the Commission under a contract, the authority to which it falls at any time to assess that remuneration (including assessing by way of appeal), and shall include a Regional Director of the Commission, or the Commission’s Costs Committee or Cost Appeals Committee, or the court;
.
4
1
In article 5(3) for “and (3B)” there shall be substituted “to (3C)”.
2
In article 5(3A) —
a
for “(3B)” there shall be substituted “(3B)(a)”; and
b
for the words from “rates no higher than” to the end of that paragraph there shall be substituted “rates no higher than those set out in Part I of the Schedule.”.
3
After article 5(3A) there shall be inserted —
3AA
In relation to Legal Help and Help at Court within any category of work mentioned in paragraph (3B)(b) which is authorised as a specific category in the schedule to the contract with the Commission under which it is provided, payment shall be at rates no higher than those set out in Part II of the Schedule.
.
4
For article 5(3B) there shall be substituted —
3B
The categories of work mentioned —
a
in paragraph (3A) are: immigration, mental health, education, public law, actions against the police etc and community care; and
b
in paragraph (3AA) are: family, housing and employment.
3C
In relation to any Legal Help and Help at Court provided in accordance with a contract with the Commission to which neither paragraph (3A) nor (3AA) applies, payment shall be at rates no higher than those set out in Part III of the Schedule.
5
For article 5(4) there shall be substituted —
4
In relation to Help with Mediation payment shall be at rates no higher than those set out in Part IV of the Schedule.
4A
In relation to Legal Representation before a Mental Health Review Tribunal or, subject to paragraph (4B), before the Immigration Appeal Tribunal or an adjudicator appointed under section 57 of the Immigration and Asylum Act 1999 payment shall be at rates no higher than those set out in Part V of the Schedule.
4B
Paragraph (4A) shall not apply where the assessing authority considers that a case before the Immigration Appeal Tribunal or an adjudicator appointed under section 57 of the Immigration and Asylum Act 1999 either —
a
raises an exceptionally novel or complex point of law; or
b
has significant potential to produce real benefits for individuals other than the client (other than benefits to the public at large which normally flow from proceedings of the type in question).
.
6
In article 5(6), for “paragraph (4)” there shall be substituted “paragraph (4A), or where paragraph (4A) does not apply by virtue of paragraph (4B), or the Legal Representation referred to in paragraph (7),”.
7
After article 5(6) there shall be inserted —
7
Paragraph (6) shall not apply to Legal Representation before —
a
Special Commissioners of Income Tax or General Commissioners of Income Tax;
b
a VAT and duties tribunal constituted by Schedule 12 to the Value Added Tax Act 1994 ; or
c
the tribunal constituted by section 9 of the Protection of Children Act 1999 .
.
8
Where any item in the Schedule is applicable to a fee-earner, the figure to be applied shall be —
a
the figure in the column headed “London Region” if that fee-earner’s office is situated in the Commission’s London Region;
b
otherwise, the figure in the column headed “Outside Region.”.
5
After article 7 there shall be inserted:
SCHEDULE
PART I
Legal Help and Help at Court — immigration, mental health, actions against the police etc, public law, education and community care
London Region Outside London
Preparation £57.35 per hour £52.55 per hour Travel and waiting £30.30 per hour £29.45 per hour Letters written and telephone calls £4.40 per item £4.10 per item
PART II
Legal Help and Help at Court — family, housing and employment
London Region Outside London
Preparation £53.10 per hour £50.05 per hour Travel and waiting £28.05 per hour £28.05 per hour Letters written and telephone calls £4.10 per item £3.95 per item
PART III
Legal Help and Help at Court — other work carried out under contract
London Region Outside London
Preparation £50.70 per hour £47.80 per hour Travel and waiting £26.80 per hour £26.80 per hour Letters written and telephone calls £3.90 per item £3.75 per item
PART IV
Help with Mediation
London Region Outside London
Preparation £64.10 per hour £59.95 per hour Travel and waiting £28.05 per hour £28.05 per hour Letters written and telephone calls £4.30 per item £4.30 per item
PART V
Legal Representation — Immigration and Mental Health
London Region Outside London
Preparation £61.20 per hour £57.25 per hour Travel and waiting £30.30 per hour £29.45 per hour Letters written and telephone calls £4.40 per item £4.10 per item Advocacy £69.60 per hour £69.60 per hour Attending tribunal with counsel (Mental Health Review Tribunal only) £32.55 per hour £32.55 per hour
Signed by authority of the Lord Chancellor
David Lock
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 8th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Lincolnshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the North Lincolnshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the North Lincolnshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The South Humber Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The South Humber Health Authority shall make officers to the Authority available to the trust during the preparatory period.
4
The Doncaster and South Humber Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS Trust; and
b
staff of the NHS Trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 3) Order 2001.
2
Section 72 of the Criminal Justice and Court Services Act 2000 (failing to secure regular attendance at school) shall come into force on 1st March 2001.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
21st February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Return of Cultural Objects (Amendment) (No.2) Regulations 2001 and shall come into force on 1st January 2002.
Amendment
2
1
The Return of Cultural Objects Regulations 1994 shall be amended in accordance with the provisions of this regulation.
2
In regulation 2(1) (interpretation) at the end there shall be inserted “ and Directive 2001/38/ EC of the European Parliament and of the Council” .
3
In regulation 2(3) the words “in United Kingdom currency” shall be omitted and at the end there shall be inserted “and for the purposes of converting the financial thresholds into United Kingdom currency the values expressed in euro in the Schedule shall be converted at the rate of exchange on 31 December 2001 published in the Official Journal of the European Communities ”.
4
In the Schedule to the Regulations —
a
for the figure and word “0 (Zero)” there shall be substituted the words “Whatever the value”; and
b
for the figure “£11,900.00” there shall be substituted the figure “€15,000.00”; and
c
for the figure “£23,800.00” there shall be substituted the figure “€30,000.00”; and
d
for the figure “£39,600.00” there shall be substituted the figure “€50,000.00”; and
e
for the figure “£119,000.00” there shall be substituted the figure “€150,000.00”.
Tessa Blackstone
Minister of State,
Department for Culture, Media and Sport
10th December 2001


text:
PART I
General
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Fast Track Bursaries and Grants) (England) Regulations 2001 and shall come into force on 1st October 2001.
2
These Regulations shall apply in relation to England.
Interpretation
2
1
In these Regulations —
“authority” means a local education authority;
“Fast Track initial teacher training course” means a course of initial teacher training for the Post-Graduate Certificate in Education, approved by the Secretary of State for the purposes of the Fast Track Teaching Programme;
“Fast Track teaching post” means employment as a qualified teacher in a post approved by or on behalf of the Secretary of State for the purposes of the Fast Track Teaching Programme;
“Fast Track Teaching Programme” means a programme of teacher training and career development for those assessed under arrangements made by the Secretary of State as meeting a high standard in the competencies and possessing a high degree of commitment to the values set down by the Secretary of State;
“governing body” in relation to an institution conducted by a company shall be construed in accordance with any order under section 4(3) of the Education Act 1994 ;
“grant” means a payment of money made in pursuance of these Regulations to the governing body of an institution providing a Fast Track initial teacher training course;
“institution” means an eligible institution within the meaning of section 4(2) of the Education Act 1994;
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ; and
“a bursary” means a payment of money made in pursuance of these Regulations to a person on a Fast Track initial teacher training course.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, any reference to a numbered paragraph is a reference to the paragraph of the regulation bearing that number, any reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph of that paragraph and any reference to a Schedule, is to the Schedule.
Provision of bursaries and grants
3
1
The Secretary of State may pay —
a
a bursary to a person to facilitate and encourage his training as a teacher on a Fast Track initial teacher training course, and
b
a grant to the governing body of an institution to facilitate and encourage the training of persons as teachers on a Fast Track initial teacher training course provided by that institution,
in accordance with the following provisions of these Regulations.
2
Bursaries and grants, as the case may be, shall not exceed such amounts as the Secretary of State may determine.
3
Bursaries and grants, as the case may be, shall be paid in such manner and at such times as the Secretary of State may determine.
PART II
Bursaries for Persons Undertaking a Fast Track Initial Teacher Training Course.
4
1
A bursary under regulation 3(1)(a) shall not be paid to a person unless —
a
he has accepted an offer of a place on the Fast Track Teaching Programme by or on behalf of the Secretary of State;
b
he has accepted an offer of a place on a Fast Track initial teacher training course by a course provider;
c
he has commenced a Fast Track initial teacher training course; and
d
he has been granted an award or grant from an authority in England or Wales, or from an equivalent body exercising the functions of an authority elsewhere in the United Kingdom and Islands, in respect of his tuition fees for the Fast Track initial teacher training course mentioned in sub-paragraph (c).
2
No bursary shall be paid under regulation 3(1)(a) to a person who has previously received a bursary by virtue of these Regulations.
3
Bursaries under regulation 3(1)(a) may be paid in a lump sum or in such instalments and at such times as the Secretary of State may determine and the Secretary of State may in particular determine that instalments shall be payable on a date or dates which are after the person has commenced work in a Fast Track teaching post.
Repayment of bursaries
5
1
Where in the opinion of the Secretary of State any information or assumption on the basis of which a bursary has been paid is incorrect, the person to whom the bursary was paid shall at the request of the Secretary of State repay such sum, not exceeding the total bursary paid, as the Secretary of State may determine.
2
The Secretary of State may determine that all or part of the bursary paid under regulation 3(1)(a) shall be repayable if the person receiving the bursary —
a
fails to complete a Fast Track initial teacher training course;
b
fails to qualify as a teacher in accordance with the Education (Teacher’s Qualifications and Health Standards) (England) Regulations 1999 ;
c
leaves the Fast Track Teaching Programme before the completion of his initial teacher training course;
d
fails to commence work in a Fast Track teaching post within 15 calendar months of completing a Fast Track initial teacher training course;
e
leaves the Fast Track Teaching Programme within 12 calendar months of the date on which he commenced work in a Fast Track teaching post; or
f
fails to complete his induction year required by Regulations made under the Teaching and Higher Education Act 1998 within 12 calendar months of the date on which he commenced his induction year;
unless it appears to the Secretary of State having regard to the particular circumstances that it would be unreasonable or inappropriate to do so.
PART III
Grants to Fast Track initial teacher training course providers
6
1
The making of a payment under regulation 3(1)(b) shall be dependent on the fulfilment of such conditions as may be determined by the Secretary of State.
2
Grants under regulation 3(1)(b) may be paid in a lump sum or in such instalments and at such times as the Secretary of State may determine.
3
Grants under regulation 3(1)(b) may be paid to the governing body of an institution by the Secretary of State in respect of expenditure approved by the Secretary of State for the purposes of a Fast Track initial teacher training course.
4
Grants under regulation 3(1)(b) may be paid to the governing body of an institution by the Secretary of State in respect of expenditure incurred or to be incurred or commitments entered into for the purposes of a Fast Track initial teacher training course.
5
Where in the opinion of the Secretary of State any information or assumption on the basis of which a grant under regulation 3(1)(b) has been paid is incorrect, the governing body to whom the grant was paid shall at the request of the Secretary of State repay such sums not exceeding the total grant paid as the Secretary of State may determine.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
7th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Canterbury (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“city” means the city of Canterbury;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the City of Canterbury (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Canterbury
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Canterbury
3
1
The ordinary elections of all councillors of the city of Canterbury shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and 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 Chartham
4
The parish of Chartham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the city ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Sturry
5
1
The existing wards of the parish of Sturry shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the city ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
6
The City of Canterbury (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barking and Dagenham Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Barking and Dagenham Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Barking and Dagenham Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Barking and Havering Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Barking and Havering Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The BHB Community Health Care National Health Service Trust and the Redbridge Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
7th February 2001


text:
Citation, extent and commencement
1
These Regulations may be cited as the Foot-and-Mouth Disease (Control of Vaccination) (England) Regulations 2001; they extend to England and come into force on 5th July 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Directive” means Council Directive 85/511/ EEC introducing Community measures for the control of foot-and-mouth disease ;
“inspector” means —
a person appointed by the Secretary of State or the local authority to be an inspector for the purposes of these Regulations; and
a person appointed by the Minister or the local authority to be an inspector for the purposes of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 or the Products of Animal Origin (Import and Export) Regulations 1996 ;
“local authority” means —
where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough; or
in the City of London, the Common Council;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
Vaccination against foot-and-mouth disease
3
1
No person shall vaccinate an animal against foot and mouth disease except under the authority of, and in accordance with any conditions specified in, a licence in writing issued by the Secretary of State.
2
This regulation shall not apply to anything done by a person pursuant to, and in accordance with, a licence issued by the Minister under article 4 of the Specified Animal Pathogens Order 1998 .
Powers of inspectors
4
1
If an inspector has reasonable grounds for suspecting that a contravention of these Regulations is being or has been committed on any premises he shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable times to enter those premises for the purposes of ascertaining whether there is or has been any such contravention.
2
An inspector shall have powers to carry out all inspections and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of and take blood samples from any animals on the premises;
b
take with him a representative of the European Commission acting for the purposes of the Directive.
Obstruction
5
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance, information or document which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
6
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
7
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 5(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
8
These Regulations shall be enforced by the Secretary of State or the local authority.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
4th July 2001


text:
Citation and Commencement
1
This Order shall be cited as the Birmingham (Kitts Green and Shard End) Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this Order —
“Birmingham (Kitts Green and Shard End) Education Action Zone” means the Education Action Zone established by the Birmingham (Kitts Green and Shard End) Education Action Zone Order 1998 .
Extension of the Birmingham (Kitts Green and Shard End) Education Action Zone Order 1998
3
The Birmingham (Kitts Green and Shard End) Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Birmingham (Kitts Green and Shard End) Education Action Zone Order 1998
4
1
The Birmingham (Kitts Green and Shard End) Education Action Zone Order 1998 is varied as follows:
2
the words in Schedule 1 after, “The following persons are “partners” for the purposes of appointing additional members of the Forum”, are deleted and instead is inserted:
Alcoa Europe
Aston University
Birmingham Advisory Service
Birmingham International Airport
Birmingham Leisure and Culture Department
Birmingham Youth Service
Careers and Education Business Partnership
Children’s University
City College
Birmingham Health Authority
HFC Bank
Kitts Green Day Nursery
Birmingham Learning and Skills Council
University of the First Age
Birmingham ATL
Birmingham NASUWT
Birmingham NUT
.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wrightington, Wigan and Leigh National Health Service Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service 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 26th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Wrightington, Wigan and Leigh National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Wrightington, Wigan and Leigh 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:
i
Billinge Hospital, Upholland Road, Billinge, Wigan WN5 7ET;
ii
Leigh Infirmary, The Avenue, Leigh WN7 1HS;
iii
Royal Albert Edward Infirmary, Wigan Lane, Wigan WN1 2NN;
iv
Whelley Hospital, Bradshaw Street, Wigan WN1 3XD;
v
Wrightington Hospital, Hall Lane, Appley Bridge, Wigan WN6 9EP,
and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
14th February 2001


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Loss of Benefit) Regulations 2001 and shall come into force on 1st April 2002.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Social Security Fraud Act 2001;
“the Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseekers Act ” means the Jobseekers Act 1995 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“claimant” in a regulation means the person claiming the sanctionable benefit referred to in that regulation;
“disqualification period” means the period in respect of which the restrictions on payment of a relevant benefit apply in respect of an offender in accordance with section 7(6) of the Act and shall be interpreted in accordance with regulation 2; and
“offender” means the person who is subject to the restriction in the payment of his benefit in accordance with section 7 of the Act.
3
Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Disqualification period
2
1
Subject to paragraph (2), the first day of the disqualification period for the purpose of section 7(6) of the Act shall be —
a
where, on the determination day —
i
the offender is in receipt of a sanctionable benefit;
ii
the offender is a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
iii
the offender’s family member is in receipt of income support, jobseeker’s allowance, housing benefit or council tax benefit,
the day which is 28 days after the determination day;
b
where sub-paragraph (a) does not apply, the day which is 28 days after the first day after the determination day on which the Secretary of State decides to award —
i
a sanctionable benefit to the offender;
ii
a joint-claim jobseeker’s allowance to a joint-claim couple of which the offender is a member; or
iii
income support, jobseeker’s allowance, housing benefit or council tax benefit to an offender’s family member.
2
For the purposes of sub-paragraph (1), the first day of the disqualification period shall be no later than 3 years and 28 days after the date of the conviction of the offender for the benefit offence in the later proceedings referred to in section 7(1) of the Act and section 7(9) of the Act (date of conviction and references to conviction) shall apply for the purposes of this paragraph as it applies for the purposes of section 7 of the Act.
3
In this regulation, “the determination day” means the day on which the Secretary of State determines that a restriction under —
a
section 7 of the Act would be applicable to the offender were he in receipt of a sanctionable benefit;
b
section 8 of the Act would be applicable to the offender were he a member of a joint-claim couple which is in receipt of a joint-claim jobseeker’s allowance; or
c
section 9 of the Act would be applicable to the offender’s family member were that member in receipt of income support, jobseeker’s allowance, housing benefit or council tax benefit.
PART II
REDUCTIONS
Reduction of income support
3
1
Subject to paragraphs (2) to (4), any payment of income support which falls to be made to an offender in respect of any week in the disqualification period, or to an offender’s family member in respect of any week in the relevant period, shall be reduced —
a
where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;
b
where the applicable amount of the offender used to calculate that payment of income support has been reduced pursuant to regulation 22A of the Income Support Regulations (appeal against a decision embodying an incapacity for work determination), whether or not the appeal referred to in that regulation is successful, by a sum equivalent to 20 per cent.;
c
in any other case, by a sum equivalent to 40 per cent.,
of the applicable amount of the offender in respect of a single claimant for income support on the first day of the disqualification period or, as the case may be, on the first day of the relevant period, and specified in paragraph 1(1) of Schedule 2 to the Income Support Regulations.
2
Payment shall not be reduced under paragraph (1) to below 10 pence per week.
3
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
4
A payment of income support shall not be reduced as provided in paragraph (1) in respect of any week in the disqualification period in respect of which that payment of income support is subject to a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions).
5
Where the rate of income support payable to an offender or an offender’s family member changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rate and any adjustment to the reduction shall take effect from the first day of the first benefit week to start after the date of the change.
6
In this regulation, “benefit week” shall have the same meaning as in regulation of 2(1) of the Income Support Regulations .
Reduction of joint-claim jobseeker’s allowance
4
In respect of any part of the disqualification period when section 8(2) of the Act does not apply, the reduced rate of joint-claim jobseeker’s allowance payable to the member of that couple who is not the offender shall be —
a
in any case in which the member of the couple who is not the offender satisfies the conditions set out in section 2 of the Jobseekers Act (contribution-based conditions), a rate equal to the amount calculated in accordance with section 4(1) of that Act;
b
in any case where the couple are a couple in hardship for the purposes of regulation 11, a rate equal to the amount calculated in accordance with regulation 16;
c
in any other case, a rate calculated in accordance with section 4(3A) of the Jobseekers Act save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 to the Jobseeker’s Allowance Regulations as if the member of the couple who is not the offender were a single claimant.
PART III
HARDSHIP
Meaning of “person in hardship”
5
1
In this Part of these Regulations, a “person in hardship” means, for the purposes of regulation 6, a person, other than a person to whom paragraph (3) or (4) applies, where —
a
she is a single woman who is pregnant and in respect of whom the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;
b
he is a single person who is responsible for a young person and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the young person will suffer hardship;
c
he is a member of a married or unmarried couple where —
i
the woman is pregnant; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the woman will suffer hardship;
d
he is a member of a polygamous marriage and —
i
one member of the marriage is pregnant; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, that woman will suffer hardship;
e
he is a member of a married or unmarried couple or of a polygamous marriage where —
i
one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;
f
he has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed, have included in his applicable amount a disability premium and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship;
g
he suffers, or his partner suffers, from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that —
i
the suffering has already lasted, or is likely to last, for not less than 26 weeks; and
ii
unless a jobseeker’s allowance is paid to that person, the probability is that the health of the person suffering would, within 2 weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and that person would suffer hardship;
h
he does, or his partner does, or in the case of a person who is married to more than one person under a law which permits polygamy, at least one of those persons does, devote a considerable portion of each week to caring for another person who —
i
is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act;
ii
has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or
iii
has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made,
and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (5), in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the offender;
i
he is a person or is the partner of a person to whom section 16 of the Jobseekers Act applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;
j
he is a person —
i
to whom section 3(1)(f)(iii) of the Jobseekers Act (persons under the age of 18) applies, or is the partner of such a person; and
ii
in respect of whom the Secretary of State is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship; or
k
he is a person —
i
who, pursuant to the Children Act 1989 , was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice and assistance from a local authority,
but in respect of whom head (i), (ii) or (iii) above, as the case may be, had not applied for a period of 3 years or less as at the date on which he complies with the requirements of regulation 9; and
iv
who, as at the date on which he complies with the requirements of regulation 9, is under the age of 21.
2
Except in a case to which paragraph (3) or (4) applies, a person shall, for the purposes of regulation 7, be deemed to be a person in hardship where, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, the Secretary of State is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.
3
In paragraphs (1) and (2), a person shall not be deemed to be a person in hardship —
a
where he is entitled, or his partner is entitled, to income support or where he or his partner fall within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act;
b
during any period in respect of which it has been determined that a jobseeker’s allowance is not payable to him pursuant to section 19 of the Jobseekers Act (circumstances in which a jobseeker’s allowance is not payable); or
c
during any week in the disqualification period in respect of which he is subject to a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions).
4
Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.
5
Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether the person is a person in hardship are —
a
the presence in that person’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations or for a disabled child premium specified in paragraph 16 of that Schedule to those Regulations;
b
the resources which, without a jobseeker’s allowance, are likely to be available to the offender’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 10 (applicable amount in hardship cases), the amount of any resources which may be available to members of the offender’s family from any person in the offender’s household who is not a member of his family and the length of time for which those factors are likely to persist;
c
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to that person or a member of his family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.
6
In determining the resources available to that person’s family under paragraph (5)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 shall be disregarded.
Circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship
6
1
This regulation applies to a person in hardship within the meaning of regulation 5(1) and is subject to the provisions of regulations 8 and 9.
2
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 7(2) of the Act prevents payment of a jobseeker’s allowance to the offender or section 9 of the Act prevents payment of a jobseeker’s allowance to an offender’s family member but the allowance shall be payable under this paragraph only if and so long as the claimant satisfies the conditions for entitlement to an income-based jobseeker’s allowance.
Further circumstances in which an income-based jobseeker’s allowance is payable to a person who is a person in hardship
7
1
This regulation applies to a person in hardship within the meaning of regulation 5(2) and is subject to the provisions of regulations 8 and 9.
2
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 7(2) of the Act prevents payment of a jobseeker’s allowance to the offender or section 9 of the Act prevents payment of a jobseeker’s allowance to an offender’s family member but the allowance shall not be payable under this paragraph —
a
where the offender is the claimant, in respect of the first 14 days of the disqualification period;
b
where the offender’s family member is the claimant, in respect of the first 14 days of the relevant period,
and shall be payable thereafter only if and so long as the claimant satisfies the conditions for entitlement to an income-based jobseeker’s allowance.
Conditions for payment of income-based jobseeker’s allowance
8
1
An income-based jobseeker’s allowance shall not be payable in accordance with regulation 6 or 7 except where the claimant has —
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 5(1) or, as the case may be, 5(2); and
b
signed the statement.
2
The completed and signed form shall be delivered by the claimant to such office as the Secretary of State may specify.
Provision of information
9
For the purpose of section 7(4)(b) of the Act, the offender, and for the purpose of section 9(4)(b) of the Act, the offender or any member of his family, shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.
Applicable amount in hardship cases
10
1
The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40 per cent. or, in a case where the claimant or any other member of his family is either pregnant or seriously ill, 20 per cent. of the following amount —
a
where the claimant is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) of the Jobseekers Act or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
where the claimant is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
PART IV
HARDSHIP FOR JOINT-CLAIM COUPLES
Application of Part and meaning of “couple in hardship”
11
1
This Part of these Regulations applies in respect of any part of the disqualification period when section 8(2) of the Act would otherwise apply.
2
In this Part of these Regulations, a “couple in hardship” means, for the purposes of regulation 13, a joint-claim couple, other than a couple to whom paragraph (4) or (5) applies, who are claiming a joint-claim jobseeker’s allowance jointly where at least one member of that couple is an offender and where —
a
the woman member of the joint-claim couple is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;
b
one or both members of the couple are members of a polygamous marriage, one member of the marriage is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;
c
the award of a joint-claim jobseeker’s allowance includes, or would, if a claim for a jobseeker’s allowance from the couple were to succeed, have included in their applicable amount a disability premium and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship;
d
either member of the couple suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that —
i
the suffering has already lasted or is likely to last, for not less than 26 weeks; and
ii
unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within two weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship;
e
either member of the couple, or where a member of that couple is married to more than one person under a law which permits polygamy, one member of that marriage, devotes a considerable portion of each week to caring for another person who —
i
is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act;
ii
has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or
iii
has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made,
and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a joint-claim jobseeker’s allowance is paid; or
f
section 16 of the Jobseekers Act applies to either member of the couple by virtue of a direction issued by the Secretary of State, except where the member of the joint-claim couple to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;
g
section 3A(1)(e)(ii) of the Jobseekers Act (member of joint-claim couple under the age of 18) applies to either member of the couple and the Secretary of State is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship; or
h
one or both members of the couple is a person —
i
who, pursuant to the Children Act 1989 , was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice or assistance from a local authority,
but in respect of whom head (i), (ii) or (iii) above, as the case may be, had not applied for a period of 3 years or less as at the date on which the requirements of regulation 15 are complied with; and
iv
who, as at the date on which the requirements of regulation 15 are complied with, is under the age of 21.
3
Except in a case to which paragraph (4) or (5) applies, a joint-claim couple shall, for the purposes of regulation 14, be deemed to be a couple in hardship where the Secretary of State is satisfied, after taking account of the factors set out in paragraph (6) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.
4
In paragraphs (2) and (3), a joint-claim couple shall not be deemed to be a “couple in hardship” —
a
where one member of the couple is entitled to income support or falls within a category of persons prescribed for the purposes of section 124(1)(e) of the Benefits Act; or
b
during a period in respect of which it has been determined that both members of the couple are subject to sanctions for the purposes of section 20A of the Jobseekers Act (denial or reduction of joint-claim jobseeker’s allowance).
5
Paragraph (2)(e) shall not apply in a case where the person being cared for resides in a residential care or nursing home.
6
Factors which, for the purposes of paragraphs (2) and (3), the Secretary of State is to take into account in determining whether a joint-claim couple will suffer hardship are —
a
the presence in the joint-claim couple of a person who satisfies the requirements for a disability premium specified in paragraphs 20H and 20I of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
the resources which, without a joint-claim jobseeker’s allowance, are likely to be available to the joint-claim couple, the amount by which these resources fall short of the amount applicable in their case in accordance with regulation 16 (applicable amount of joint-claim couple in hardship cases), the amount of any resources which may be available to the joint-claim couple from any person in the couple’s household who is not a member of the family and the length of time for which those factors are likely to persist;
c
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the joint-claim couple, or will be available at considerably reduced levels, the hardship that will result and the length of time those factors are likely to persist.
7
In determining the resources available to the offender’s family under paragraph (6)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 shall be disregarded.
Circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship
12
1
This regulation applies where a joint-claim couple is a couple in hardship within the meaning of regulation 11(2) and is subject to the provisions of regulations 14 and 15.
2
A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 8(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to the couple or section 8(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to the couple but the allowance shall be payable under this paragraph only if and for so long as —
a
the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or
b
one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).
Further circumstances in which a joint-claim jobseeker’s allowance is payable to a couple in hardship
13
1
This regulation applies to a couple in hardship falling within regulation 11(3) and is subject to the provisions of regulations 14 and 15.
2
A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 8(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to the couple or section 8(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to the couple but the allowance —
a
shall not be payable under this paragraph in respect of the first 14 days of the prescribed period; and
b
shall be payable thereafter only where the conditions of entitlement to a joint-claim jobseeker’s allowance are satisfied or where one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).
Conditions for payment of a joint-claim jobseeker’s allowance
14
1
A joint-claim jobseeker’s allowance shall not be payable in accordance with regulation 12 or 13 except where either member of the couple has —
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 11(2) or, as the case may be, 11(3); and
b
signed the statement.
2
The completed and signed form shall be delivered by a member of the couple to such office as the Secretary of State may specify.
Provision of information
15
For the purposes of section 8(4)(b) of the Act, a member of the couple shall provide to the Secretary of State information as to the circumstances of the alleged hardship of the couple.
Applicable amount of joint-claim couple in hardship cases
16
1
The weekly applicable amount of a couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40 per cent. or, in a case where a member of the joint-claim couple is either pregnant or seriously ill or where a member of the joint-claim couple is a member of a polygamous marriage and one of those members is either pregnant or seriously ill, 20 per cent. of the following amount —
a
where one member of the joint-claim couple or of the polygamous marriage is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage, each other member, is a person under 18 to whom section 3A(1)(e)(ii) of the Jobseekers Act applies or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
where one member of the joint-claim couple or at least one member of the polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
PART V
HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Circumstances where a reduced amount of housing benefit and council tax benefit is payable
17
1
Subject to regulation 18, any payment of housing benefit or, as the case may be, council tax benefit which falls to be made to an offender in respect of any week in the disqualification period or to an offender’s family member in respect of any week in the relevant period shall be reduced —
a
where the claimant or a member of his family is pregnant or seriously ill, by a sum equivalent to 20 per cent.;
b
in any other case, by a sum equivalent to 40 per cent.,
of the amount which is or, where he is not the claimant or is not single, would be applicable to the offender in respect of a single claimant for those benefits on the first day of the disqualification period or, where the payment falls to be made to an offender’s family member, on the first day of the relevant period and specified in paragraph 1(1) of Schedule 2 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(1) of Schedule 1 to the Council Tax Benefit Regulations.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
3
Where the rate of housing benefit or council tax benefit payable to a claimant changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence for the claimant following the change and in this paragraph “benefit week” shall have the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Council Tax Benefit Regulations.
Circumstances where housing benefit and council tax benefit is payable
18
Regulation 17 shall not apply and housing benefit or, as the case may be, council tax benefit shall be payable to an offender or to an offender’s family member —
a
where the offender is the claimant, he is entitled to either of those benefits during the disqualification period;
b
where the offender’s family member is the claimant, he is entitled to either of those benefits during the relevant period,
and the claimant is, at the same time, also entitled to income support or to an income-based jobseeker’s allowance.
PART VI
DEDUCTIONS FROM BENEFITS AND DISQUALIFYING BENEFITS
Social security benefits not to be sanctionable benefits
19
The following social security benefits are to be treated as a disqualifying benefit but not a sanctionable benefit —
a
constant attendance allowance payable under article 14 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 (“ the Order ”) or article 14 or 43 of the Personal Injuries (Civilians) Scheme 1983 (“ the Scheme ”);
b
exceptionally severe disablement allowance payable under article 15 of the Order or article 15 or 44 of the Scheme;
c
mobility supplement payable under article 26A of the Order or article 25A or 48A of the Scheme;
d
constant attendance allowance and exceptionally severe disablement allowance, payable under sections 104 and 105 respectively of the Benefits Act where a disablement pension is payable under section 103 of that Act; and
e
a bereavement payment payable under section 36 of the Benefits Act .
Deductions from benefits
20
Any restriction in section 7, 8 or 9 of the Act shall not apply in relation to payments of benefit to the extent of any deduction from the payments which falls to be made under regulations made under section 5(1)(p) of the Social Security Administration Act 1992 for, or in place of, child support maintenance and for this purpose, “child support maintenance” means such maintenance which is payable under the Child Support Act 1991 .
PART VII
OTHER AMENDMENTS
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
21
In Schedule 2 to the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (decisions against which no appeal lies), after paragraph 26, there shall be added the following paragraph —
Loss of benefit
27
A decision of the Secretary of State that a sanctionable benefit as defined in section 7(8) of the Social Security Fraud Act 2001 is not payable, or is to be reduced, pursuant to section 7, 8 or 9 of that Act as a result of convictions for one or more benefit offences in each of two separate sets of proceedings, one offence being committed within 3 years of conviction for another, where the only ground of appeal is that any of the convictions was erroneous.
.
Amendment of the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001
22
In the Pensions Appeal Tribunals (Additional Rights of Appeal) Regulations 2001 after regulation 4 there shall be added the following regulation —
Loss of benefit decisions
5
A decision of the Secretary of State pursuant to section 7 of the Social Security Fraud Act 2001 (loss of benefit for commission of benefit offences) that a war pension within the meaning of that Act is not payable shall be a specified decision.
.
Alistair Darling
One of Her Majesty’s Principal Secretaries of State
18th December 2001


text:
Title and commencement
1
These Regulations may be cited as the England Rural Development Programme (Enforcement) (Amendment) Regulations 2001 and shall come into force on 19th March 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the England Rural Development Programme (Enforcement) Regulations 2000 .
Amendment of the principal Regulations
3
The principal Regulations shall be amended as follows —
a
in regulation 3(3)(e), by the deletion of “and”;
b
in regulation 3(3)(f), by adding at the end “; and”;
c
after regulation 3(3)(f), by the insertion of —
g
in so far as may be necessary for the purposes of paragraph (2)(b) or (c), inspect and count livestock on the land and may, for this purpose, require the applicant or beneficiary, or any employee, servant or agent of such beneficiary, to arrange for the collection, penning and securing of such livestock.
;
d
for regulations 4 to 6 there shall be substituted —
Breaches of commitments etc.
4
1
Subject to paragraph (2), where —
a
any information furnished to the Minister by the beneficiary is false or misleading,
b
the beneficiary is in breach of any of the terms of a commitment,
c
the beneficiary is in breach of any requirement to which he is subject under any relevant enactment or under the Council Regulation or the Commission Regulation, or
d
the whole or any part of the sum paid or payable under a commitment duplicates assistance provided or to be provided out of monies made available by —
i
the European Communities,
ii
Parliament, or
iii
a body exercising public functions within the United Kingdom,
the Minister may exercise any of the powers specified in regulation 6(1).
2
For the purposes of paragraph (1)(d), a sum duplicates such assistance if it is, or would be, paid for any of the same purposes.
3
Where —
a
a beneficiary has transferred all or part of the land to which a commitment relates to another person (“the transferee”),
b
the transferee has, within three months of the date of the transfer, given an undertaking to the Minister to assume the commitment in place of the beneficiary, and
c
the Minister has accepted that undertaking,
the beneficiary shall be released from his commitment, other than in respect of any breach or other matter occurring before the acceptance by the Minister of the transferee’s undertaking.
Other cases in which recovery etc. powers apply
5
The Minister may exercise the powers specified in paragraph (1)(a) and (b) of regulation 6 where —
a
there has been a material change in the nature, scale, costs or timing of the operation or project in relation to which a commitment has been made; or
b
the operation or project in relation to which a commitment has been made has been or is being delayed, or is unlikely to be completed.
Minister’s powers of recovery etc.
6
1
The powers conferred by regulations 4(1) and 5 are —
a
to withhold the whole or any part of the sums payable to the beneficiary; and
b
to recover on demand the whole or any part of the sums already paid to the beneficiary.
2
Where all the circumstances in which the powers conferred by regulation 4(1) and specified in paragraph (1) have become exercisable are such as were intended by the beneficiary or as to which the beneficiary was reckless, the Minister may also require the beneficiary to pay to the Minister an additional sum equal to no more than 10% of the sums paid or payable to him.
3
Where the Minister takes any step specified in paragraph (1), he may also suspend or terminate the commitment, and thereupon any entitlement of the beneficiary to payment in respect of the unexpired period of the commitment shall likewise be suspended or terminated, as the case may be.
4
Where the Minister terminates a commitment under paragraph (3), he may also prohibit the beneficiary from entering into any new commitment for such period (not exceeding two years) from the date of the termination as he may specify.
5
The powers conferred on the Minister by paragraphs (2), (3) and (4) shall be exercisable by a notice served on the beneficiary by post at his last known address, and in paragraph (4) “specify” means specify in such notice.
6
Before taking any step specified in paragraph (1), (2), (3) or (4) the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of making written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
7
This regulation applies without prejudice to any dispute procedure contained in a commitment made under any enactment specified in Part I of the Schedule.
8
In this regulation, “dispute procedure” means a mechanism for resolving disputes between the Minister and the beneficiary.
;
e
in regulations 9(1)(a) and (b), by substituting “Part II, III or IV ” for “Part II or III”;
f
in regulation 9(2)(a), by the insertion of “or Part III” after “Part II”;
g
in regulation 9(2)(b), by substituting “Part IV” for “Part III”; and
h
by substituting the Schedule to these Regulations for the Schedule to the principal Regulations.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
14th February 2001.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid-Hampshire Primary Care Trust (Establishment) Order 2000 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Mid-Hampshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Mid-Hampshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North and Mid-Hampshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North and Mid-Hampshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The North Hampshire Loddon Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Winchester and Eastleigh Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
15th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of East Riding (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of East Riding;
“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 District of East Riding (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of East Riding
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parishes and parish wards, parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of East Riding
3
1
The ordinary elections of all councillors of the district of East Riding shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and 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 Bridlington
4
1
The existing wards of the parish of Bridlington shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Cottingham
5
1
The parish of Cottingham shall be divided into four parish wards which shall bear the names Castle, Croxby, Millbeck and Priory; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for each of the parish wards of Croxby and Millbeck shall be two, for the parish ward of Castle shall be three, and for the parish ward of Priory shall be four.
Wards of the parish of Driffield
6
1
The existing wards of the parish of Driffield shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Driffield North, Driffield South, Driffield South West and Driffield West; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the parish ward of Driffield North shall be four, for the parish ward of Driffield South shall be two, and for each of the parish wards of Driffield South West and Driffield West shall be five.
Wards of the parish of Woodmansey
7
1
The existing wards of the parish of Woodmansey shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Dunswell, Minster View, Nurseries and Victoria; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the parish ward of Dunswell shall be one, for each of the parish wards of Minster View and Victoria shall be four, and for the parish ward of Nurseries shall be three.
Numbers of parish councillors
8
1
The number of parish councillors to be elected for the parish of Airmyn shall be nine.
2
In the parish of Hornsea the number of parish councillors to be elected for the parish ward of North shall be eight and for the parish ward of South shall be six.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001