text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Waveney (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Article 4 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parish of Beccles on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“district” means the district of Waveney;
“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 Waveney (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 Waveney
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into 23 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 Waveney
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Beccles
4
1
The existing wards of the parish of Beccles shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Centre, Common, Darby and Rigbourne; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Oulton
5
The parish of Oulton 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 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 the number specified in respect of the parish ward in column (3) of that Schedule.
Parish Elections
6
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 1999 for the parishes of Ashby, Herringfleet, Reydon, Somerleyton and Wissett shall be three years.
2
Elections of all parish councillors for the parishes of All Saints and St Nicholas South Elmham, Ashby, Barsham, Blundeston, Corton, Ellough, Flixton, Gisleham, Herringfleet, Kessingland, Lound, Mettingham, Mutford, Oulton, Redisham, Reydon, Ringsfield, Rumburgh, Shadingfield, Shipmeadow, Somerleyton, Sotterley, Southwold, St Andrew Ilketshall, St Cross South Elmham, St Mary South Elmham otherwise Homersfield, St Lawrence Ilketshall, St Michael South Elmham, St Peter South Elmham, Wangford with Henham, Weston, Willinghain St Mary and Wissett shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
3
The ordinary elections of parish councillors in 2002 for the parishes of Barnaby, Frostenden, Henstead with Hulver Street, North Cove, South Cove, Uggeshall and Wrentham shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
4
Elections of all parish councillors for the parishes of Barnaby, Frostenden, Henstead with Hulver Street, North Cove, South Cove, Uggeshall and Wrentham shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
5
Elections of all parish councillors for the parish of Carlton Colville shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of parish councillors elected in accordance with any of paragraphs 2, 4 and 5 shall be four years; and they 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.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Barnaby, Frostenden, Henstead with Hulver Street, North Cove, South Cove, Uggeshall and Wrentham as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
7
The District of Waveney (Electoral Arrangements) Order 1980 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
4th December 2001


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy (Paying Agencies: Competent Authority and Co-ordinating Body) Regulations 2001, and shall come into force on 1st October 2001.
Interpretation
2
In these Regulations —
“the Commission Regulation” means Commission Regulation ( EC ) No. 1663/95 laying down detailed rules for the application of Council Regulation ( EEC ) No. 729/70 regarding the procedure for the clearance of the accounts of the EAGGF Guarantee Section ;
“the competent authority” means the competent authority responsible, in the United Kingdom, for the issue and withdrawal of accreditation of paying agencies, as described in Article 4(1)(a) of the Council Regulation and Article 1(2), (3) and (4) of the Commission Regulation;
“the co-ordinating body” means the co-ordinating body responsible, in the United Kingdom, for bringing together and supplying information to the Commission and for promoting the harmonised application of Community rules between paying agencies, as described in Article 4(1)(b) of the Council Regulation and Article 2(1) of the Commission Regulation;
“the Council Regulation” means Council Regulation (EC) No. 1258/1999 on the financing of the common agricultural policy ;
“the Ministers” means the Secretary of State for Environment, Food and Rural Affairs, the Scottish Ministers, the National Assembly for Wales, and the Department of Agriculture and Rural Development, acting jointly.
Competent authority
3
The functions of the competent authority shall be exercisable by the Ministers.
Co-ordinating body
4
The functions of the co-ordinating body shall be exercisable by the Ministers.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
4th September 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Sprintlink UK Limited) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 2001.
2
These Regulations shall come into force —
a
except for regulation 2, on 1st April 2001; and
b
regulation 2, on 10th April 2001.
3
In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
4
These Regulations extend to England only.
Amendment of regulation 8 of the principal Regulations
2
In regulation 8(3)(c) and (g) of the principal Regulations (eligibility — supply of optical appliances) for “£70.00” on each occasion it appears there shall be substituted “£71.00”.
Amendment of regulation 19 of the principal Regulations
3
In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£42.80” there shall be substituted “£43.90”; and
b
in paragraph (3) for “£11.00” there shall be substituted “£11.30”.
Amendment of the Schedules to the principal Regulations
4
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below there shall be substituted the amount specified in relation to it in column 2 of that table.
TABLE
(1) (2) Old amount New amount
£29.30 £30.00 £44.50 £45.60 £60.60 £62.10 £136.90 £140.30 £50.50 £51.80 £64.30 £65.90 £77.30 £79.60 £150.50 (in both places where it appears) £154.30 £42.80 £43.90
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) for “£6.10” there shall be substituted “£6.30”;
b
in paragraph 1(1)(b) for “£7.00” there shall be substituted “£7.20”;
c
in paragraph 1(1)(c) for “£3.10” there shall be substituted “£3.20”;
d
in paragraph 1(1)(d) for “£3.60” there shall be substituted “£3.70”;
e
in paragraph 1(1)(e) for “£48.20”, “£42.80”, and “£23.20” there shall be substituted “£49.40”, “£43.90” and “£23.80” respectively;
f
in paragraph 1(1)(g) for “£48.20” there shall be substituted “£49.40”;
g
in paragraph 2(a) for “£10.20” there shall be substituted “£10.50”;
h
in paragraph 2(b) for “£25.90” there shall be substituted “£26.50”.
3
For Schedule 3 to the principal Regulations (voucher values — repair), there shall be substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
5
The amendments made in these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 2001.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th March 2001


text:
Citation, Commencement, Duration and Interpretation
1
This Order may be cited as the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 and shall come into force on 1st March 2001.
2
This Order shall have effect from the beginning of 1st March 2000 and shall cease to have effect at the end of the period of five years commencing on 1st March 2001.
3
In this Order —
“ the Act ” means the Competition Act 1998;
“block exemption” means the exemption from the Chapter I prohibition arising by virtue of this Order for the category of agreements specified in this Order;
“bus service” has the meaning given in section 159(1) of the Transport Act 1968 but excludes a bus service which is a tourist service;
“chartered service” means a public transport service:
for which the whole capacity of the vehicle, vessel or craft supplying that service has been purchased by one or more charterers for his or their own use or for resale;
which is a journey or trip organised privately by any person acting independently of the person operating the vehicle, vessel or craft supplying that service; or
on which the passengers travel together on a journey, with or without breaks, from one or more places to one or more places and back;
“complementary services” means local public transport services which are not in competition with each other over a substantial part of the route covered by the ticket in question;
“connecting service” means a service (other than a bus service, a chartered service or a tourist service) for the carriage of passengers by road, tramway, railway, inland waterway or air which is a long distance service and which runs between —
a station or stopping place at or in the vicinity of which the relevant local public transport service stops; and
any other place;
“inland waterway” includes both natural and artificial waterways, and waterways within parts of the sea that are in the United Kingdom;
“journey” means any journey made by an individual passenger and includes a return journey;
“local public transport service” means:
a bus service; or
a scheduled public transport service (other than a bus service) using one or more vehicles or vessels for the carriage of passengers by road, railway, tramway or inland waterway at separate fares other than a long distance service, a chartered service or a tourist service;
“long distance add-on” means:
a ticket (or tickets) entitling the holder to make a journey solely on the local public transport services of any one operator;
a multi-operator travelcard; or
a through ticket,
each being purchased as an add-on to a ticket (or tickets) entitling the holder to make a particular journey on one or more connecting services;
“long distance operator” means an undertaking (other than an operator) supplying a scheduled long distance service using one or more vehicles, vessels or craft for the carriage of passengers by road, railway, tramway, inland waterway or air at separate fares other than a chartered service or a tourist service;
“long distance service” means a public transport service in relation to which (except in an emergency) one or both of the following conditions are met with respect to every passenger using the service:
the place where he is set down is fifteen miles or more, measured in a straight line, from the place where he was taken up;
some point on the route between those places is fifteen miles or more, measured in a straight line, from either of those places,
and where a public transport service consists of one or more parts with respect to which one or both of these conditions are met, and one or more parts with respect to which neither of them is met, each of those parts shall be treated as a separate public transport service;
“members of the public” means any person other than an operator, potential operator, long distance operator or potential long distance operator;
“multi-operator individual ticket” means a ticket (or tickets) entitling the holder, where a particular journey could be made on local public transport services provided by any of two or more operators, to make that journey or any part of it on whichever service the holder chooses;
“multi-operator travel card” means a ticket (or tickets) entitling the holder to make three or more journeys on three or more specified local public transport services operating on three or more routes provided that:
these routes are not substantially the same;
these local public transport services are not substantially the same; and
for each of these routes and local public transport services, the passenger usage and revenue received from the ticket and other such tickets purchased as a result of the relevant agreement, demonstrate that the ticket is not, in practice, a multi-operator individual ticket or a through ticket;
“operator” means an undertaking supplying local public transport services;
“posted price” means, where a ticket is purchased from one undertaking (the seller), a wholesale price set independently by another undertaking (“the creditor”) for the carriage of passengers bearing that ticket on the public transport services of the creditor;
“public transport ticketing scheme” has the meaning given in Article 4(2);
“the register” means the register maintained by the Director under rule 8 of the Director’s rules set out in the Schedule to the Competition Act 1998 (Director’s rules) Order 2000 ;
“short distance add-on” means a multi-operator travelcard purchased as an add-on to a ticket (or tickets) entitling the holder to make a particular journey on a local public transport service pursuant to an agreement which provides for onward travel connections for passengers on complementary services;
“stopping place” means a point at which passengers are taken up or set down in the course of a public transport service;
“through ticket” means a ticket (or tickets) entitling the holder to make a particular journey on two or more local public transport services provided that such a journey is made on complementary services;
“ticket” means evidence of a contractual right to travel;
“tourist service” means a public transport service where the price charged for that service includes payment for a live or recorded commentary about the locality being a service primarily for the benefit of tourists;
“vehicle” includes vehicles constructed or adapted to run on flanged wheels but excludes hackney carriages, taxis, cabs, hire cars and any vehicle propelled by an animal; and
“working day” means a day which is not a Saturday, Sunday or any other day on which the Office of Fair Trading is closed for business.
Block Exemption
4
1
The category of agreements identified in paragraph (2) as public transport ticketing schemes is hereby specified for the purposes of section 6 of the Act.
2
For the purpose of this Order a public transport ticketing scheme is one or more of the following:
a
a written agreement between operators to the extent that it provides for members of the public to purchase, in a single transaction, a multi-operator travelcard;
b
a written agreement between operators to the extent that it provides for members of the public to purchase, in a single transaction, a through ticket;
c
a written agreement between operators to the extent that it provides for members of the public to purchase, in a single transaction, a multi-operator individual ticket;
d
a written agreement between operators to the extent that it provides for members of the public to purchase, in a single transaction, a short distance add-on;
e
a written agreement between one or more operators and one or more long distance operators to the extent that it provides for members of the public to purchase, in a single transaction, a long distance add-on;
5
This block exemption has effect subject to the conditions and the obligation specified in Articles 6 to 17.
Conditions and consequences of breach of conditions
6
Unless there is an objective, transparent and non-discriminatory reason, a public transport ticketing scheme shall not, directly or indirectly, in isolation or in combination with other factors under the control of the parties:
a
have the object or effect of preventing any operator or potential operator from participating in that public transport ticketing scheme; or
b
to the extent that the scheme provides for members of the public to purchase a long distance add-on, have the object or effect of preventing any operator, potential operator, long distance operator or potential long distance operator from participating in that public transport ticketing scheme.
7
A public transport ticketing scheme shall not, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have the object or effect of limiting:
a
the variety or number of routes on which any operator or long distance operator provides or may provide public transport services; or
b
the freedom of operators or long distance operators to set the price or availability of, the fare structure relating to, or the zones or geographical validity applicable for, any ticket entitling the holder to make a journey solely on the public transport services of any one operator or any one long distance operator.
8
A public transport ticketing scheme shall not, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have the object or effect or limiting the frequency or timing of any public transport services operated by any operator or long distance operator, unless such restriction is indispensable to the effective operation of that scheme, pursuant to an agreement which provides for onward travel connections for passengers.
9
1
Subject to paragraph (2), a public transport ticketing scheme shall not, directly or indirectly, in isolation or in combination with other factors under the control of the parties, have the object or effect of facilitating an exchange of information between the parties to that public transport ticketing scheme.
2
Paragraph (1) shall not prevent an exchange of information between the parties to a public transport ticketing scheme which is directly related and indispensable to the effective operation of that scheme, provided that the relevant provision under which the information is exchanged is objective, transparent and non-discriminatory and that it does not breach any of the other conditions imposed by this Order.
10
Breach of any of the conditions imposed by any of Articles 6, 7, 8 or 9 shall have the effect of cancelling the block exemption in respect of that public transport ticketing scheme.
11
The parties to a public transport ticketing scheme which provides for members of the public to purchase a multi-operator travelcard shall not distribute between themselves the revenue received by virtue of the operation of that scheme other than pursuant to terms contained in that scheme which reflect, as far as is reasonably practicable, the actual passenger miles travelled on the vehicles or vessels of each party by passengers using tickets issued under that scheme during the accounting period in which such revenue was received.
12
Breach of the condition imposed by Article 11 shall have the effect of cancelling the block exemption in respect of the relevant public transport ticketing scheme to the extent that such scheme provides for members of the public to purchase a multi-operator travelcard.
13
1
Subject to paragraph (2), a public transport ticketing scheme which provides for members of the public to purchase a through ticket, multi-operator individual ticket, short distance add-on or long distance add-on, shall not directly or indirectly, in isolation or in combination with other factors under the control of the parties have the object or effect of fixing a price at which the respective through ticket, multi-operator individual ticket, short distance add-on or long distance add-on is offered for sale.
2
Paragraph (1) shall not prevent:
a
the parties to a public transport ticketing scheme from agreeing to charge each other non-discriminatory posted prices for sales of the respective through ticket, short distance add-on or long distance add-on; or
b
operators from fixing the price of a multi-operator travelcard which may be purchased as a short distance add-on or long distance add-on
provided that such action does not breach any of the other conditions imposed by this Order.
14
Breach of the condition imposed by Article 13 shall have the effect of cancelling the block exemption in respect of the relevant public transport ticketing scheme to the extent that such scheme provides for members of the public to purchase the relevant through ticket, multi-operator individual ticket, short distance add-on or long distance add-on.
15
The parties to a public transport ticketing scheme which provides for members of the public to purchase a multi-operator individual ticket, shall not:
a
include an operator as a party to that scheme unless that operator also makes available, concurrently with making available that multi-operator individual ticket, single and return tickets entitling the holder to make the particular journey covered by that multi-operator individual ticket solely on the local public transport services of that operator; or
b
distribute between themselves the revenue received by virtue of the operation of that scheme other than pursuant to terms contained in that scheme whereby the operator which sells any particular multi-operator individual ticket retains exclusively all the revenue received from that sale.
16
Breach of the condition imposed by Article 15 shall have the effect of cancelling the block exemption in respect of the relevant public transport ticketing scheme to the extent that such scheme provides for members of the public to purchase a multi-operator individual ticket.
Obligation
17
A person shall, within ten working days from the date on which it receives notice in writing under this Article, supply to the Director such information in connection with those public transport ticketing schemes to which it is a party as the Director may require.
Cancellation by notice
18
If there is a failure to comply with the obligation imposed by Article 17 without reasonable excuse, the Director may, subject to Article 20, by notice in writing cancel this block exemption in respect of any public transport ticketing scheme to which the relevant request for information under Article 17 relates.
19
If the Director considers that a particular public transport ticketing scheme is not one to which section 9 of the Act applies, he may, subject to Article 20, by notice in writing cancel this block exemption in respect of that scheme.
20
If the Director proposes to cancel the block exemption in accordance with Article 18 or Article 19, he shall first give notice in writing of his proposal and shall consider any representations made to him.
21
For the purpose of Articles 18, 19 and 20, notice in writing is given by:
a
the Director giving notice in writing of his decision or proposal to those persons whom he can reasonably identify as being parties to the relevant public transport ticketing scheme; or
b
where it is not reasonably practicable for the Director to comply with paragraph (a), the Director publishing his decision or proposal in the register and:
i
the London, Edinburgh and Belfast Gazettes;
ii
at least one national daily newspaper; and
iii
if there is in circulation an appropriate trade journal which is published at intervals not exceeding one month, in such trade journal,
stating the facts on which he bases it and his reasons for making it.
Peter Hain
Minister for Energy, and Competitiveness in Europe,
Department of Trade and Industry
8th February 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No.10, and Transitional Provisions) Order 2001.
2
In this Order, unless the context otherwise requires, references to numbered sections and numbered Schedules are references to the sections and Schedules bearing those numbers in the Welfare Reform and Pensions Act 1999.
Amendment of the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000
2
In Part V of the Schedule to the Welfare Reform and Pensions Act 1999 (Commencement No. 4) Order 2000 , in each column omit the entry in respect of section 3 (duty of employers to facilitate access to stakeholder pension schemes).
Amendment of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000
3
In article 3(2) of the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000 (transitional provision in relation to incapacity benefit), for “sections 30A to 30E” where those words first occur, substitute “section 30A, 40 or 41”.
Provisions coming into force on 19th March 2001
4
19th March 2001 is the day appointed for the coming into force of —
a
Schedule 8, paragraph 28 (income support: amendment of section 124(1)(f) of the Social Security Contributions and Benefits Act 1992 ) and, so far as relating to that paragraph, section 70; and
b
Schedule 13, Part I so far as relating to the entry in that Part in respect of paragraph 80(f) of Schedule 5 to the Pensions Act 1995 (repeal consequential on amendment of section 185 of the Pension Schemes Act 1993 by Schedule 11, paragraph 23) and, so far as relating thereto, section 88.
Provisions coming into force on 6th April 2001
5
6th April 2001 is the day appointed for the coming into force, so far as not already in force —
a
of —
i
the second paragraph of section 3(2);
ii
section 3(6);
and section 3(7) so far as relating thereto;
b
of section 3(8);
c
of section 3(9) so far as relating to the definitions in it of “employer” and of “relevant employees”;
and of section 3(1) so far as relating thereto.
Provision coming into force on 8th October 2001
6
8th October 2001 is the day appointed for the coming into force of section 3 so far as not already in force.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker,
Minister of State,
Department of Social Security
13th March 2001


text:
Citation, commencement and extent
1
These regulations, which extend to England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2001 and shall come into force on 1st April 2001.
Amendment of regulations
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended as follows —
a
in regulation 13A, after paragraph (11) insert the following —
11A
Notwithstanding the foregoing provisions of this regulation, the proposal shall be treated as served in March 2001 (and the alteration shall have effect accordingly) where —
a
the alteration is made in pursuance of a proposal served after 31st March 2001 and before 1st July 2001;
b
the circumstances relied upon as the grounds of the proposal arose before 1st April 2001; and
c
the relevant hereditament is in a local government area listed in Schedule 3.
;
b
after Schedule 2 add the following —
SCHEDULE 3
Local Government Areas
regulation 13A(11A)
NORTH EAST Alnwick Berwick-upon-Tweed Castle Morpeth Derwentside Durham City Easington Redcar and Cleveland Sedgefield Teesdale Tynedale Wear Valley NORTH WEST Allerdale Carlisle Chester Congleton Copeland Crewe and Nantwich Eden Ellesmere Port and Neston Lancaster Pendle Ribble Valley South Lakeland Vale Royal Wyre YORKSHIRE AND THE HUMBER Craven East Riding of Yorkshire Hambleton Harrogate North Lincolnshire Richmondshire Ryedale Scarborough Selby EAST MIDLANDS Bassetlaw Boston Daventry Derbyshire Dales East Lindsey East Northamptonshire Harborough High Peak Hinckley and Bosworth Melton Newark and Sherwood North Kesteven North West Leicestershire Rushcliffe Rutland South Derbyshire South Holland South Kesteven South Northamptonshire West Lindsey WEST MIDLANDS Bridgnorth East Staffordshire Herefordshire Malvern Hills North Shropshire North Warwickshire Oswestry Shrewsbury and Atcham South Shropshire South Staffordshire Staffordshire Moorlands Stratford-on-Avon Wychavon EAST Babergh Braintree Breckland Broadland East Cambridgeshire East Hertfordshire Fenland Forest Heath Huntingdonshire King’s Lynn and West Norfolk Maldon Mid Bedfordshire Mid Suffolk North Norfolk South Bedfordshire South Cambridgeshire South Norfolk St Edmundsbury Suffolk Coastal Tendring Uttlesford Waveney SOUTH EAST Arun Ashford Aylesbury Vale Canterbury Cherwell Chichester Chiltern Dover East Hampshire Horsham Isle of Wight Lewes Maidstone Mid Sussex New Forest Rother Sevenoaks Shepway South Oxfordshire Tandridge Test Valley Thanet Tonbridge and Malling Tunbridge Wells Vale of White Horse Waverley Wealden West Berkshire West Oxfordshire Winchester Wycombe SOUTH WEST Caradon Carrick Cotswold East Devon East Dorset Forest of Dean Isles of Scilly Kennet Kerrier Mendip Mid Devon North Cornwall North Devon North Dorset North Wiltshire Penwith Purbeck Restormel Salisbury Sedgemoor South Hams South Somerset Stroud Taunton Deane Teignbridge Tewkesbury Torridge West Devon West Dorset West Somerset West Wiltshire
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
29th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastern Leicester 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 Eastern Leicester 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 Eastern Leicester 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 Leicestershire 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 Leicestershire 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 Leicestershire and Rutland 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:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Oxfordshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 22nd 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 South West Oxfordshire 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 South West Oxfordshire 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 and Performance 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 Oxfordshire 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 Oxfordshire Health Authority shall make the officers of the Authority available to the trust during the preparatory period.
4
The Oxfordshire Community Health National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
12th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (New Deal Consequential Amendments) Regulations 2001 and shall come into force on 24th April 2001.
Interpretation
2
In these Regulations —
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Disability Working Allowance Regulations and the Family Credit Regulations
3
Amend the Disability Working Allowance Regulations and the Family Credit Regulations as follows.
Interpretation
4
In regulation 2(1) of the Disability Working Allowance Regulations and regulation 2(1) of the Family Credit Regulations —
a
after the definition of “extra statutory maternity pay” insert the following definition —
“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 , being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training
.
b
after the definition of “net profit” insert the following definition —
“New Deal option” means any of the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
;
c
after the definition of “self-employed earner” insert the following definition —
“self-employment route” means —
that part of the Employment Option of the New Deal which is specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations 1996; or
assistance in pursuing self-employed earner’s employment while participating in —
an employment zone programme; or
a course of training or instruction funded by or on behalf of the Secretary of State for Education and Employment, the National Assembly for Wales, or the Scottish Enterprise or Highlands or Islands Enterprise; or
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or the Intensive Activity Period for 50 plus;
.
Remunerative work
5
1
Amend regulation 6 of the Disability Working Allowance Regulations and regulation 4 of the Family Credit Regulations as follows.
2
In paragraph (3) after the notionally inserted sub-paragraph (d) insert the following paragraph —
da
he is participating in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus;
.
Notional income
6
1
Amend regulation 29 of the Disability Working Allowance Regulations and regulation 26 of the Family Credit Regulations as follows.
2
In paragraph (3A) after paragraph (ii) of sub-paragraph (c) insert the following paragraph —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
.
3
In paragraph (4) for the notionally substituted words “Subject to paragraph (4A), where” substitute “Subject to paragraphs (4A) and (4B), where”.
4
In the notionally inserted paragraph (4A) omit paragraph (i) of sub-paragraph (b).
5
After the notionally inserted paragraph (4A) insert the following paragraph —
4B
Paragraph (4) shall not apply in a case where the service is performed in connection with the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus.
.
Notional capital
7
1
Amend regulation 37 of the Disability Working Allowance Regulations and regulation 34 of the Family Credit Regulations as follows.
2
In paragraph (3A) after paragraph (ii) of sub-paragraph (b) insert the following paragraph —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
.
Income to be disregarded
8
1
Amend Schedule 3 to the Disability Working Allowance Regulations (“Schedule 3”) and Schedule 2 to the Family Credit Regulations (“Schedule 2”) as follows.
2
For sub-paragraph (d) of paragraph 11 of Schedule 3 and of Schedule 2 substitute the following sub-paragraph —
d
any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus,
.
3
For paragraph 57 of Schedule 3 and paragraph 59 of Schedule 2 substitute the following paragraph —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
the self-employment route;
an employment programme specified in —
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
regulation 75(1)(a)(ii)(cc) of those Regulations (Environmental Task Force Option of the New Deal); or
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus.
.
Capital to be disregarded
9
1
Amend Schedule 4 to the Disability Working Allowance Regulations (“Schedule 4”) and Schedule 3 to the Family Credit Regulations (“Schedule 3”) as follows.
2
For paragraph 51 of Schedule 4 and paragraph 52 of Schedule 3 substitute the following paragraph —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
the self-employment route;
an employment programme specified in —
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations 1996 (Voluntary Sector Option of the New Deal);
regulation 75(1)(a)(ii)(cc) of those Regulations (Environmental Task Force Option of the New Deal); or
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
.
Dave Clelland
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Charnwood and North West Leicestershire Primary Care Trust (Establishment) Order 2001 and shall come into force on 24th December 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Charnwood and North West Leicestershire Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 24th December 2001 a Primary Care Trust to be called the Charnwood and North West Leicestershire Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Leicestershire 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 Leicestershire 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 Leicestershire and Rutland 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
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) Regulations 2001 and shall come into force on 12th April 2001.
2
These Regulations have effect for the year 2002–03 and subsequent years of assessement.
Interpretation
2
In these Regulations —
“bi-fuel car” means a car which is capable of being propelled by petrol and road fuel gas;
“diesel” means any diesel fuel within the definition in Article 2 of Directive 98/70/ EC ;
“Directive 98/70/EC ” means Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/ EEC ;
“petrol” has the meaning given by Article 2 of Directive 98/70/EC ;
“road fuel gas” has the meaning given by section 168AB(3) of the Income and Corporation Taxes Act 1988;
“Schedule 6” means Schedule 6 to the Income and Corporation Taxes Act 1988;
“the value of the appropriate percentage” means the value of the appropriate percentage as determined in accordance with paragraphs 2 to 5D of Schedule 6.
Prescribed reduction of value of appropriate percentage — cars propelled solely by diesel
3
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998,
b
is propelled solely by diesel, and
c
has been type-approved to the emission limit values set out in row B of the table in section 5.3.1.4 of Annex I to Council Directive 70/220/EEC as amended.
3
The amount prescribed is the percentage amount by which the appropriate percentage for the year ascertained in accordance with paragraphs 2 to 5C of Schedule 6 is increased by virtue of paragraph 5D of that Schedule.
Prescribed reduction of value of appropriate percentage — electrically propelled cars
4
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998, and
b
is an electically propelled vehicle for the purposes of Schedule 6.
3
The amount prescribed by this paragraph is 6%.
Prescribed reduction of value of appropriate percentage — hybrid cars capable of being propelled by electricity and petrol
5
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998, and
b
is capable of being propelled by electicity and petrol.
3
The amount prescribed by this paragraph shall be determined by the formula —
A + B
where —
A is 2%, and
B is 1% for each 20 grams per kilometre by which the CO2 emissions figure is less than the lower threshold provided for in the Table in paragraph 4(1) of Schedule 6.
Prescribed reduction of value of appropriate percentage — cars propelled solely by road fuel gas and bi-fuel cars to which paragraph 5 of Schedule 6 applies
6
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998 and is propelled solely by road fuel gas, or
b
is a bi-fuel car to which paragraph 5 of Schedule 6 applies.
3
The amount prescribed by this paragraph shall be determined by the formula —
A + B
where —
A is 1%, and
B is 1% for each 20 grams per kilometre by which the CO2 emissions figure is less than the lower threshold provided for in the Table in paragraph 4(1) of Schedule 6.
Prescribed reduction of value of appropriate percentage — bi-fuel cars to which paragraph 5 of Schedule 6 does not apply
7
1
In the circumstances prescribed by paragraph (2) the value of the appropriate percentage shall be reduced by the amount prescribed by paragraph (3).
2
The circumstances prescribed by this paragraph are circumstances where the car —
a
is first registered on or after 1st January 1998,
b
is a bi-fuel car either —
i
on the date on which it is first registered, or
ii
by virtue of equipment added after the date on which it is first registered, and
c
is not a car to which paragraph 5 of Schedule 6 applies.
3
The amount prescribed by this paragraph is 1%.
Amendment to the Income Tax (Replacement Cars) Regulations 1994
8
1
Amend the Income Tax (Replacement Cars) Regulations 1994 as follows.
2
In regulation 5 for “Paragraphs 2, 4 and 7 shall each” substitute “Paragraph 7 shall”.
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
21st March 2001


text:
Citation
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement No. 3) Order 2001.
Appointed day
2
18th June 2001 is the day appointed for the coming into force of the provisions of the Act listed in the Schedule to this Order, for the purposes indicated there (or, where no purposes are indicated, for all purposes).
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 2001


text:
1
This Order may be cited as the Value Added Tax (Protective Helmets) Order 2001 and shall come into force on 1st April 2001 and shall have effect in relation to supplies made on or after that date.
2
Group 16 (clothing and footwear) of Schedule 8 to the Value Added Tax Act 1994 (zero rating) shall be varied in accordance with articles 3 to 6 below.
3
In item 3 after “motor bicycle” insert “or riding a pedal cycle”.
4
In Note (4)(b)(i) after “No 89/686/ EEC ” insert “or to that directive as amended by Council Directives 93/68/EEC of 22nd July 1993, 93/95/EEC of 29th October 1993 and 96/58/ EC of 3rd September 1996”.
5
In Note (4)(b)(ii) after “that directive” insert “, or (as the case may be) that directive as so amended,”.
6
For Note (4A) there shall be substituted —
4A
Item 3 does not apply to a protective helmet unless —
a
it is of a type that on 30th June 2000 is prescribed by regulations made under section 17 of the Road Traffic Act 1988 (types of helmet recommended as affording protection to persons on or in motor cycles from injury in the event of accident); or
b
it is of a type that —
i
is manufactured to a standard which satisfies requirements imposed (whether under the law of the United Kingdom or the law of any other member State) for giving effect to Council Directive 89/686/EEC of 21st December 1989 as amended by Council Directives 93/68/EEC of 22nd July 1993 , 93/95/EEC of 29th October 1993 and 96/58/EC of 3rd September 1996 ; and
ii
bears any mark of conformity required by virtue of those directives.
.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Conduct of Litigation and Exercise of Rights of Audience) Regulations 2001 and shall come into force on 1st April 2001.
2
An officer of the Service who is —
a
a barrister or a solicitor of the Supreme Court, or
b
employed (whether wholly or in part), or is otherwise engaged, to conduct litigation and is doing so in conjunction with an officer of the Service described in sub-paragraph (a),
may be authorised by the Service in accordance with section 15(1) of the Criminal Justice and Court Services Act 2000.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 5th March 2001


text:
Citation, commencement and extent
1
These Regulations, which extend to England only, may be cited as the Community Charges, Council Tax and Non-Domestic Rating (Enforcement) (Magistrates' Courts) (England) Regulations 2001 and shall come into force on 1st April 2001.
Amendment of regulations
2
In each of the following provisions, for the words “clerk of the court ” there shall be substituted the words “justices' chief executive for the court” —
a
regulation 52(4) of the Community Charges (Administration and Enforcement) Regulations 1989 ;
b
regulation 23(4) of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ;
c
regulation 57(3) of the Council Tax (Administration and Enforcement) Regulations 1992 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
12th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors (Amendment) Regulations 2001 and shall come into force on 3rd January 2002.
Amendments to the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001
2
1
In regulation 3(2) of the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001 after the words “as further defined in Schedule 4”, there shall be added “in respect of the requirements relating to the sound power level of equipment.”.
2
In regulation 19(2) there shall be deleted the words “(1) or (2)”.
3
In Schedule 13, paragraph 1(1) for the words “Department of the Environment, Transport and the Regions” there shall be substituted “Department of Transport, Local Government and the Regions”.
4
In Schedule 13, paragraph 7(5), for the word “regulation” there shall be substituted “paragraph”.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
9th December 2001


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st April 2001.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In part VII (annual accounting) —
a
in regulation 52(1)(b), for “£300,000” substitute “£600,000”; and
b
in regulations 53(2)(a) and 54(1)(e) and (2), for “£375,000” substitute “£750,000”.
4
In Part VIII (cash accounting) —
a
in regulation 58(1)(a), for “£350,000” substitute “£600,000”; and
b
in regulation 60(1), for “£437,500” substitute “£750,000”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
22 Upper Ground
London
SE1 9PJ
1st March 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2001 and shall come into force on the 9th April 2001.
2
In these Regulations
“The principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations extend to England only .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) (interpretation) of the principal Regulations insert, after the definition of “partner”, the following definition —
“permanent resident” means a resident who is not a temporary resident.
Amendment of regulation 20 of the principal Regulations
3
In regulation 20 (capital limit) of the principal Regulations for the amount “£16,000” substitute the amount “£18,500”.
Amendment of regulation 28(1) of the principal Regulations
4
In regulation 28(1) (calculation of tariff income from capital) of the principal Regulations —
a
for the amount “£10,000” (both times it appears) substitute the amount “£11,500”; and
b
for the amount “£16,000” substitute the amount “£18,500”.
Amendment of Schedule 4 to the principal Regulations
5
In Schedule 4 to the principal Regulations, after paragraph 1, insert the following new paragraph —
1A
1
In the case of a resident who becomes a permanent resident on or after 9th April 2001 (“a qualifying resident”) in respect of the first period of permanent residence the value of any dwelling which he would otherwise normally occupy as his only or main residence (“his home”) for a period of 12 weeks beginning with the day on which the first period of residence begins.
2
In the case of a qualifying resident
a
who ceases to be a permanent resident, and
b
who subsequently becomes a permanent resident again at any time within the period of 52 weeks from the end of the first period of permanent residence,
the value of his home for such period (if any) which when added to the period disregarded under sub-paragraph (1) in respect of his first period of permanent residence does not exceed 12 weeks in total.
3
In the case of a qualifying resident
a
who ceases to be a permanent resident and is not a person to whom sub-paragraph (2) has applied, and
b
who subsequently becomes a permanent resident again at any time after a period of more than 52 weeks from the end of the first period of residence,
the value of his home for a period of 12 weeks beginning with the day on which the second period of permanent residence begins.
4
In this paragraph “the first period of permanent residence” means the period of permanent residence beginning on or after 9th April 2001 and “the second period of permanent residence” means the period of permanent residence beginning at any time after the period of 52 weeks referred to in sub-paragraph (3)(b).
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
18th March 2001


text:
1
This Order may be cited as the Immigration (Restrictions on Employment) (Code of Practice) Order 2001 and shall come into force on 2nd May 2001.
2
The Code of Practice entitled “Immigration and Asylum Act 1999 — Section 22: Code of Practice for all employers on the avoidance of race discrimination in recruitment practice while seeking to prevent illegal working”, laid in draft before each House of Parliament on 19th March 2001, shall come into operation on 2nd May 2001.
Barbara Roche
Minister of State
Home Office
7th April 2001


text:
Title, application and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 13) Order 2001; it applies to England, and shall come into force on 19th November 2001.
Amendment of the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 in so far as it applies to England is amended in accordance with the provisions of this article.
2
In article 3(1) immediately after the definition of “embryo” there shall be inserted the following —
“falconry” means the use of falcons, hawks or other birds of the family Falconidae to hunt for game or other wildlife whether or not involving the use of dogs;
.
3
After article 3(5) there shall be inserted the following —
6
References in paragraph (5) above and in articles 41(2), 42(1) and 45(c) and (d) to licences shall be taken to include reference to a permit issued by a veterinary inspector under article 29A(2)(d).
.
4
After article 27 there shall be inserted the following —
Ultrasound scanning of sheep in an infected area
27A
1
Subject to paragraph (2) below, no person shall carry out or cause to be carried out ultrasound scanning of sheep except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purposes of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or keeper.
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5
In article 29A —
a
for paragraph (1)(a) there shall be substituted the following —
a
hunting and falconry;
;
b
in paragraph (2)(b) the word “or” where it appears after the words “may be specified therein;” shall be deleted;
c
in paragraph (2)(c) the word “or” shall be added after “specified therein;”; and
d
after paragraph (2)(c) there shall be added the following —
d
a person to take part in falconry under the authority of a permit issued by a veterinary inspector and in accordance with the conditions specified therein.
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6
For article 29B there shall be substituted the following —
Markets, fairs, shows or other gatherings of animals and sales
29B
1
No person shall —
a
use any premises for a fair, market, show or other gathering of animals or collect or distribute animals for such an event; or
b
hold a gathering of people on any premises in connection with the sale of any animal on those premises at which more than two people (other than the owner or person in charge of the animal and his representatives) are present, except under the authority of a licence issued by the Minister.
2
Notwithstanding the prohibition in paragraph (1) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.
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7
In article 29C
a
in paragraph (3) the words “Subject to paragraph (4) below,” shall be deleted and for the words “by virtue of this Part” there shall be substituted the words “by virtue of article 29D(3) below”; and
b
paragraph (4) shall be deleted.
8
In article 29D the following shall be added after paragraph (2) —
2A
Article 29A(2)(d) shall not apply to a restricted infected area.
.
9
In article 36 the following paragraph shall be substituted for paragraph (2) —
2
Nothing in paragraph (1) shall make it unlawful for —
a
the occupier of any land, or for a member of a shooting party consisting of not more than three persons who are authorised by the occupier or are members of his household or who are persons employed by him as beaters to shoot or attempt to shoot any deer found on that land;
b
a person to cull deer under the authority of a licence granted by an inspector and subject to any conditions set out therein; or
c
the occupier of any land or any group of not more than three persons who are authorised by occupier or are members of his household to use any dog in connection with the killing on that land of any fox, hare, mink or rabbit found thereon provided that this shall not be taken to authorise the pursuit of any such quarry using dogs outside the boundaries of that land.
.
10
After article 37C there shall be inserted the following —
Ultrasound scanning of sheep in a controlled area
37CC
1
Subject to paragraph (2) below, no person shall carry out or cause to be carried out ultrasound scanning of sheep except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purposes of carrying out ultrasound scanning of sheep) in respect of the carrying out of ultrasound scanning of sheep kept on those premises using ultrasound scanning equipment of which the occupier is the owner or keeper.
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Transitional provisions
3
Declaratory Orders made under Parts III, IIIA or IV of the 1983 Order before this Order comes into force shall have effect so that the provisions of Parts III, IIIA or IV of the 1983 Order after amendment by this Order apply in the areas declared to be infected areas, restricted infected areas or controlled areas by those Declaratory Orders.
Elliot Morley
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
Signed on 16th November 2001