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PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Health Service Medicines (Price Control Appeals) Regulations 2000 and shall come into force on 14th February 2000.
Interpretation
2
In these Regulations, unless the context otherwise requires–
“the chairman” means the person assigned to be chairman of the tribunal in relation to an appeal under these Regulations;
“costs”, in relation to Scottish proceedings, means “expenses”;
“document” includes information recorded in writing or any other form;
“Scottish proceedings” means proceedings in relation to an appeal which relates to matters arising in Scotland;
“the tribunal” means–
in relation to an appeal under these Regulations in respect of which the chairman and members have been assigned or appointed under regulation 7(4) and (5), the tribunal consisting of that chairman and those members;
in relation to the appointment of staff under regulation 3(2), the senior chairman appointed under regulation 7(1);
in relation to any other matter, a member of that panel of tribunal chairmen or a member of staff appointed under regulation 3(2).
The name and address of the tribunal
3
1
The Secretary of State must as soon as practicable after these Regulations come into effect publish in such manner as he thinks appropriate the name and the address of the tribunal or if there is more than one address, indicate which address applies in which cases.
2
The tribunal may, with the approval of the Secretary of State, appoint such staff as it may determine, and may determine the terms and conditions on which they are appointed.
PART II
MAKING AN APPEAL
Time for and manner of making an appeal
4
1
An appeal to the tribunal must be made by sending a notice of appeal to the tribunal so that it is received not later than the end of the period of 28 days beginning with the date on which the enforcement decision is taken.
2
The tribunal may extend the time limit imposed by paragraph (1), whether or not it has already expired, but must not do so unless it is satisfied–
a
that the circumstances are such that it would not be reasonable to expect the appellant to comply (or, as the case may be, to have complied) with the time limit, and
b
that not to extend the time limit would result in substantial injustice.
3
Where the appellant considers it likely that a notice of appeal will be received outside the time limit, he may include with the notice of appeal a statement of the reasons on which he relies to justify the delay, and the tribunal must consider any such statement in deciding whether or not to extend the time limit.
Notice of appeal
5
1
The notice of appeal must state the name and address of the appellant and must contain sufficient information to identify the enforcement decision .
2
The notice of appeal must set out the grounds of appeal in sufficient detail to indicate–
a
to what extent (if any) the appellant contends that the enforcement decision was based on an error of fact,
b
to what extent (if any) he contends that the disputed action was wrong in law, and
c
to what extent (if any) he is appealing against the Secretary of State’s exercise of discretion in relation to the decision.
3
The appellant or his representative must sign the notice of appeal.
4
The tribunal must make available on request a form which may be used for making an appeal, but a notice of appeal need not be made using such a form.
Additional material
6
1
The appellant must send the material required by paragraphs (2) and (3) (the “additional material”) to the tribunal either–
a
with his notice of appeal, or
b
so that it is received not later than the end of the period of 28 days beginning with the date on which he sent the notice of appeal to the tribunal.
2
The appellant must send to the tribunal–
a
a copy of any document he has received from the Secretary of State notifying him of the enforcement decision,
b
a copy of any notice he has received from the Secretary of State, either before or after the Secretary of State took the enforcement decision, explaining as the case may be his reasons for considering or taking the enforcement decision, and
c
two copies of every other document on which he relies for the purposes of the appeal.
3
The appellant must send to the tribunal a document stating–
a
the name and address and the profession of the person (if any) representing the appellant, and whether the tribunal should send documents concerning the appeal to the representative instead of to the appellant,
b
whether the appellant requests that the appeal should be decided at an oral hearing, and
c
if in the opinion of the appellant any other person has a direct interest in the subject matter of the appeal, the name and address of such other person.
4
Where the tribunal is satisfied that it would not be reasonable to expect the appellant to send any document, or documents of any description, within the time limit mentioned in paragraph (1), it may extend the time limit in relation to that document or documents of that description.
Appointment of tribunal
7
1
There shall be appointed by the Lord Chancellor–
a
a panel of tribunal chairmen,
b
a senior tribunal chairman.
2
Appointments shall be made–
a
from persons in England and Wales who have a seven year general qualification within the meaning of section 71 of the Courts And Legal Services Act 1990 , and
b
from solicitors or advocates of at least seven years standing in Scotland or Northern Ireland.
3
A person appointed under this regulation–
a
must be appointed (or re-appointed) for a period not exceeding five years, but
b
may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour;
and subject to that, shall hold and vacate office in accordance with the terms of his appointment.
4
On receiving a notice of appeal under regulation 4, the senior chairman shall assign a chairman of the tribunal and appoint two other members of the tribunal to decide the appeal.
5
The senior chairman must assign the chairman of the tribunal within 21 days and the other members of the tribunal within 28 days of receiving the notice of appeal.
6
Of the other members of the tribunal–
a
one must be a person whom the senior chairman considers by reason, of experience or otherwise, to have special knowledge of matters likely to be considered by the tribunal, and
b
the other must be a person whom the senior chairman considers representative of the interests of persons in relation to whom the Secretary of State has the power to take the enforcement decision in question.
7
The senior chairman shall have regard to whether the appeal relates to matters arising in England and Wales, Scotland or Northern Ireland when determining whom to assign as the chairman under paragraph (5) and the other members of a tribunal under paragraph (6).
8
The Secretary of State may determine the fees and expenses to be paid to the members of the tribunal, and any other expenses of the tribunal which are to be defrayed.
9
The Council on Tribunals may make to the Lord Chancellor general recommendations as to the arrangements for the making of appointments–
a
to membership of the panel constituted under paragraph (1)(a), or
b
to the tribunal,
and, without prejudice to the preceding provisions of this paragraph, the Lord Chancellor must have regard to any such recommendations.
10
Subject to the terms of his appointment, the senior chairman may appoint another member of the panel of tribunal chairmen to exercise functions conferred on him by these Regulations.
Amendment of grounds of appeal
8
1
The appellant may at any time before the date by which he must send the additional material under regulation 6–
a
amend the grounds of appeal identified in the notice of appeal, or
b
withdraw or amend any of the additional material.
2
After that date, the appellant may amend the notice of appeal or withdraw or amend any of the additional material, or supply any further additional material, only with the permission of the chairman.
3
The chairman must not give permission under paragraph (2) unless he is satisfied–
a
that the circumstances are such that it would not be reasonable to expect the appellant to have made the amendment or withdrawal or supplied the material within the time allowed under paragraph (1), and
b
that the amendment or withdrawal (if made), or the material (if supplied), is capable of significantly affecting the outcome of the appeal.
4
Where the chairman grants permission under paragraph (2), he may do so on such terms as he thinks fit.
5
The appellant must send two copies of every amendment or every item of additional material to the tribunal.
6
On receiving the copies required under paragraph (5), the tribunal must without delay–
a
send one of the copies to the Secretary of State, and
b
where the copy is sent after the Secretary of State has sent his reply to the tribunal, invite the Secretary of State to send a revised reply to the tribunal so that it is received before the end of the period of 7 days beginning with the date of the invitation.
7
The tribunal must not decide the appeal before the end of any period allowed under paragraph (6)(b).
Withdrawal of appeal
9
1
The appellant may withdraw his appeal at any time before the date by which he must send the additional material under regulation 6.
2
After that date the appellant may withdraw his appeal only with the chairman’s permission.
3
Where an appeal is withdrawn, any interim order made or direction given under regulation 16 shall immediately cease to have effect.
4
Where an appeal is withdrawn, a fresh appeal may not be brought in relation to the enforcement decision.
PART III
RESPONSE TO THE APPEAL
Acknowledgement and notification
10
1
On receiving the notice of appeal and the additional material, the tribunal must in each case without delay–
a
send an acknowledgement of its receipt to the appellant, and
b
send a copy of it to the Secretary of State.
2
This regulation is subject to regulation 11.
Costs warning
11
1
Where a notice of an appeal has been received by the tribunal, and at the end of the period within which the appellant is required to send the additional material under regulation 6, the tribunal is of the opinion–
a
that it is so unlikely that the appeal will succeed on the basis of the notice and any additional material supplied that to proceed with it would be unfair to the Secretary of State, or
b
that the notice and any additional material supplied reveal no valid grounds of appeal, or that the appeal is otherwise misconceived,
it may, before sending the additional material to the Secretary of State, serve a notice to that effect on the appellant.
2
A notice under this regulation must state the reasons for the opinion and inform the appellant–
a
that the appeal will not proceed unless the appellant informs the tribunal in writing within 14 days of the date of the notice that he wishes it to proceed, and
b
that if he makes such a statement, and the appeal is subsequently withdrawn or decided against him, he may be liable, subject to the limitations imposed by regulation 33, to pay the costs incurred by the Secretary of State in connection with the appeal.
3
Where a notice is given under this regulation in relation to an appeal, unless the appellant informs the tribunal in writing before the end of the period of 14 days starting with the date of the notice, that he wishes to proceed with the appeal–
a
no further proceedings shall be taken in relation to the appeal, and
b
at the end of the period, any interim order made or direction given under regulation 16 immediately ceases to have effect.
Incomplete appeals
12
1
Where notice of an appeal and additional material have been received by the tribunal, and it considers that the appeal could be decided more fairly and efficiently if the appellant provided further additional material, the tribunal may serve on the appellant a notice to that effect, inviting him to supply that material to the tribunal within 14 days of the date of the notice.
2
Where the tribunal serves a notice under paragraph (1), it must at the same time inform the Secretary of State that it has done so.
3
Where the tribunal has served a notice under paragraph (1) on the appellant, the time limit imposed by regulation 13 shall not begin until the expiry of the period within which the further additional material may be supplied.
4
The tribunal must without delay send to the Secretary of State a copy of any material it receives under this regulation.
Reply by the Secretary of State
13
1
The Secretary of State must send to the tribunal the documents required under this regulation and regulation 14 (“the reply”) so that they are received not later than the end of the period of 28 days beginning with the first date on which it has received the copies of the notice of appeal and of the additional material.
2
The reply must–
a
acknowledge that the Secretary of State has received the notice of appeal and the additional material,
b
indicate whether the Secretary of State seeks to uphold the enforcement decision, and
c
give the information required under paragraph (3).
3
The following information is required under this paragraph–
a
the Secretary of State’s address;
b
the name, address and profession of the person (if any) representing the Secretary of State and whether the tribunal should send documents concerning the appeal to the representative rather than to the Secretary of State;
c
if in the opinion of the Secretary of State any other person has a direct interest in the subject matter of the appeal, the name and address of such other person.
4
The tribunal may extend the time limit imposed by paragraph (1), but must not do so unless it is satisfied–
a
that the circumstances are such that it would not be reasonable to expect the Secretary of State to comply with the time limit, and
b
that it is necessary to extend the time limit in order to avoid a significant risk of harm to any person.
5
On receiving the reply, the tribunal must without delay send a copy to the appellant.
Further documents
14
Where the Secretary of State seeks to uphold the disputed action, he must send to the tribunal–
a
a statement summarising his answer to each ground of appeal supplied by the appellant,
b
two copies of every document on which he relies for the purposes of opposing the appeal, —
d
a statement indicating whether or not the Secretary of State requests an oral hearing.
Withdrawal of opposition
15
Where the Secretary of State states in the reply or at any time in writing that he does not seek to uphold the enforcement decision, the tribunal must without delay allow the appeal.
PART IV
PREPARATION FOR DECIDING THE APPEAL
Power to make interim orders and directions
16
1
The chairman may make an order granting on an interim basis any remedy which the tribunal would have the power to grant in its final decision, or otherwise give an interim direction in relation to the enforcement decision in question.
2
An order may be made or a direction given under this regulation on the chairman’s own motion or on the application of–
a
the appellant, or
b
any interested person whom the tribunal is required to invite to make representations under regulation 17.
3
Where an application is made for an order or direction under this regulation before the appointment of the chairman, the order or direction may be made or given by the tribunal on a temporary basis.
4
An order made or direction given by the tribunal under paragraph (3) is subject to the decision of the chairman, and when the chairman has been appointed, he must without delay either affirm the order or direction (with or without variation) or discharge it.
5
Before making, giving or affirming an order or direction under this regulation, the tribunal must give the Secretary of State an opportunity to object, and, subject to paragraph (6), must consider any such objection.
6
In an urgent case, the tribunal may make an order or give a direction under this regulation before considering any objection made by the Secretary of State, but it must consider whether to revoke or vary the order or direction in the light of any such objection.
7
The chairman may exercise his power to make, give or affirm an order or direction under this regulation only if he is satisfied that —
a
failure to do so will deprive the appellant of the substance of the remedy which may be available if the appeal is successful, and
b
such an order or direction, if made, given or affirmed, will not cause significant risk of harm to any person.
8
Any order or direction under this regulation is subject to the tribunal’s final decision under regulation 31.
Representations by interested persons
17
1
The tribunal must as soon as practicable send to–
a
any person named by the appellant or the Secretary of State as having a direct interest in the subject matter of the appeal, and
b
any other person whom the chairman is satisfied has such a direct interest,
copies of the documents supplied by each party in relation to the appeal, together with an invitation to send written representations to the tribunal so that they are received before the end of a period of 21 days beginning with the date of that invitation.
2
The tribunal must as soon as practicable send to each of the parties a copy of any representations received under this regulation, together with an invitation to send written comments on them to the tribunal so that they are received before the end of the period of 7 days beginning with the date of that invitation.
3
The tribunal must not decide the appeal before–
a
the end of the period allowed for making representations under paragraph (1), or
b
the end of any period allowed for making comments under paragraph (2),
whichever is the later.
Experts
18
1
The chairman may, if he thinks that any technical question arises in relation to the appeal on which it would be desirable for the tribunal to have the assistance of an expert, appoint a person having appropriate qualifications to enquire into and report on the matter and, if either party requests, to attend the hearing and give evidence.
2
The tribunal must supply the Secretary of State and the appellant with a copy of any report received under paragraph (1) in advance of the hearing.
3
The tribunal shall pay such fees as it may determine to any person appointed under this regulation.
Legal assessor
19
1
The chairman may, if he thinks that a question of law arises in relation to the appeal on which it would be desirable to have the advice of a lawyer, appoint a solicitor or barrister (or, in relation to Scottish proceedings, an advocate) to give such advice.
2
The tribunal shall pay such fees as it may determine to any person appointed under this regulation.
PART V
DECISIONS OF THE TRIBUNAL WITHOUT A HEARING
Power to decide the appeal without a hearing
20
1
Where, at the end of the period within which the Secretary of State is required to send his reply–
a
the Secretary of State has not done so, or
b
neither the appellant nor the Secretary of State has requested an oral hearing,
and the chairman does not consider that a hearing is necessary in the public interest or for the just disposal of the matter, the tribunal may decide the appeal without a hearing.
2
Subject to paragraph (3) and regulations 8 and 17, where the tribunal determines to decide the appeal under this regulation, it must do so as soon as practicable after the end of the period mentioned in paragraph (1).
3
Before deciding the appeal the tribunal must consider–/
a
the notice of appeal and the appellant’s additional material;
b
any reply sent by the Secretary of State;
c
any representations or written comments received under regulation 17;
and may if it thinks fit direct the appellant or the Secretary of State to provide in writing further information about any matter relevant to the appeal.
4
A direction under paragraph (3) must include a statement of the time allowed for complying with it, and where the appellant or the Secretary of State has not complied with such a direction within the time allowed, the tribunal may–
a
decide the appeal on the basis of the material available, or
b
apply to the county court or, in relation to Scottish proceedings, make a summary application to the sheriff, for an order requiring a party to comply with the tribunal’s direction.
5
The court’s permission is required for any appeal from a decision of a court under this regulation.
6
Where the tribunal delays its decision so that it can consider information provided under paragraph (3) or representations received under regulation 17, it must send to the appellant and the Secretary of State a notice giving the reasons for the delay, and stating when it expects to decide the appeal.
PART VI
THE HEARING
Arrangements for the hearing
21
1
The regulations in this Part apply where the appeal is to be decided following an oral hearing.
2
When the tribunal has received the notice of appeal, the additional material and the reply, the tribunal must without delay fix a date for the hearing, bearing in mind–
a
the seriousness and complexity of the case;
b
the convenience of the parties;
c
whether there is to be a pre-hearing review under regulation 25;
d
whether representations are to be (or have been) invited under regulation 17.
3
The tribunal must serve on the parties a notice informing each of them–
a
of the time and place of the hearing of the appeal;
b
where there is to be a pre-hearing review, of the time and place of the review and the powers of the chairman in relation to the review.
4
The date fixed for the hearing must be no less than 21 days and no more than 6 weeks after the date of the notice under paragraph (3).
5
The notice must include guidance in a form approved by the chairman, regarding the procedure which will apply to the hearing, including in particular information about–
a
attending the hearing and bringing documents and evidence,
b
calling witnesses and the power of the tribunal to summon or cite witnesses,
c
the right to be represented or assisted at the hearing,
d
the right to receive reasons in writing for the determination made by the tribunal,
e
the limitation imposed by regulation 33 on any award of costs which the tribunal is able to make, and
f
the right to appeal on a question of law arising from the decision of the tribunal.
Action by appellant and the Secretary of State on receiving notice of hearing
22
1
Not less than 14 days before the date fixed for the hearing, the appellant and the Secretary of State–
a
must each inform the tribunal whether or not he intends to appear or be represented at the hearing, and which, if any, witnesses he intends to call, and
b
may each, if he does not intend to appear or be represented at the hearing, send to the tribunal further written representations in support of material already sent to the tribunal.
2
The tribunal must as soon as practicable send to each of the parties a copy of any representations received under this regulation.
Alteration of place or time of the hearing
23
1
The tribunal may alter the time and place of the hearing–
a
where both the appellant and the Secretary of State agree, or
b
in exceptional circumstances, provided that the altered date of the hearing is not earlier than the original date.
2
Where the tribunal alters the time or place of the hearing under paragraph (1)(b), it must without delay inform the appellant and the Secretary of State in writing of the alteration and the reasons for it.
Publication of notice of hearings
24
1
The tribunal must publish in such manner as the chairman may direct, taking into account the need for transparency, the importance of each appeal and the degree of public interest in each appeal, a list of all appeals for which an oral hearing is to be held and of the time and place fixed for each hearing.
2
The tribunal must, subject to paragraph (3), make available on request the material supplied by each party in relation to each appeal for which an oral hearing is to be held.
3
Where any material supplied by either party contains any matter which is confidential, the party may request that for that reason it is not made available under this regulation, or is made available in an amended form, and in such a case the material must be made available to such extent and in such form as the chairman thinks appropriate, and the chairman may make such deletions from any material as may be necessary for the purposes of complying with this paragraph.
4
For the purposes of this regulation, a matter is confidential if–
a
it relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence, or
b
its disclosure would be contrary to the interests of national security.
5
This regulation does not affect any duty of confidentiality imposed by or under any other enactment or by any rule of law.
Pre-hearing review
25
1
Where the tribunal has received the notice of appeal, the additional material and the reply, the chairman must without delay decide whether it is appropriate to conduct a pre-hearing review with a view to–
a
identifying the issues which are likely to be material to the tribunal’s decision,
b
expediting the proceedings at the hearing, and
c
assisting his management of the appeal.
2
The chairman may, if he is satisfied that to do so will produce a substantial saving in the cost of the appeal, determine at the pre-hearing review any question of law arising in relation to the appeal which he is satisfied will significantly affect its outcome.
3
The tribunal must as soon as practicable send to each of the parties a copy of any determination made under paragraph (2).
4
A determination under paragraph (2) may be varied or reversed by the tribunal at the hearing of the appeal, but otherwise it shall have effect throughout the hearing.
Hearing to be in public
26
1
The hearing must be in public except where the tribunal is satisfied that, because the subject matter to be considered by the tribunal–
a
relates to intimate personal or financial circumstances, is commercially sensitive, or consists of information communicated or obtained in confidence; or
b
is a matter whose disclosure would be contrary to the interests of national security
or for any other reason, it is fair and reasonable for the hearing, or any part of the hearing, to be conducted in private.
2
Whether or not the hearing is held in public, a member of the Council on Tribunals or its Scottish Committee is entitled to attend the hearing and may remain present during the deliberations of the tribunal, but must not take part in the deliberations.
Procedure at the hearing
27
1
At the beginning of the hearing the chairman must explain the order of proceedings which the tribunal proposes to adopt.
2
The tribunal must conduct the hearing in the manner which it considers most suitable to clarification of the issues before it and generally to fair handling of the proceedings; it shall so far as appears appropriate seek to avoid formality in its proceedings.
3
The appellant and the Secretary of State may appear at the hearing and may be represented or assisted by any person.
4
If the appellant or the Secretary of State fails to attend or be represented at the hearing, the tribunal may hear and, provided they have considered any representations made by the party under regulation 21(1)(b), determine the appeal in that party’s absence.
5
The tribunal must consider any representations made by an interested person under regulation 17.
6
Subject to paragraph (7), the appellant and the Secretary of State are entitled to give evidence, to call witnesses, to question any witnesses and to address the tribunal both on the evidence and generally on the subject matter of the appeal.
7
The tribunal may at any point in the hearing limit the rights of either party under paragraph (6), provided that it is satisfied that to do so will not prevent the appeal from being decided fairly.
8
The tribunal may adjourn the hearing, but must not do so unless it is satisfied that it is necessary to do so in order for the appeal to be decided fairly.
9
The time and place fixed for an adjourned hearing must be–
a
announced before the adjournment, or
b
published in accordance with regulation 24.
Absence of a member of the tribunal
28
The tribunal may continue to hear the appeal in the absence of one member of the tribunal other than the chairman, and the tribunal shall be taken to be properly constituted in those circumstances.
Evidence
29
1
Evidence before the tribunal may be given orally or, if the tribunal so orders, by sworn or written statement, but the tribunal may at any stage of the proceedings require the personal attendance of any deponent or maker of a written statement.
2
The tribunal may receive evidence of any fact which appears to the tribunal to be relevant, whether or not the evidence–
a
would be admissible in a court of law, or
b
was available to the Secretary of State when the disputed action was taken.
3
The tribunal may require any witness to give evidence on oath or affirmation which may be administered for the purpose by the chairman.
Summoning or citing of witnesses
30
1
Subject to paragraphs (2) and (3), the tribunal may on the application of either party issue a summons, or in relation to Scottish proceedings a citation, requiring any person–
a
to attend as a witness at the hearing, at the time and place set out in the summons or citation, and
b
to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the appeal.
2
No person may be required to attend in compliance with a summons or citation under this regulation unless–
a
he has been given at least 7 days' notice of the hearing, and
b
he is paid the necessary expenses of his attendance.
3
No person may be required in compliance with a summons or citation under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings.
4
Where a person summoned under paragraph (1)–
a
refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced, or
b
having been so summoned, refuses to be sworn or to give evidence, a judge may, on the application of the chairman, exercise his powers under section 55 of the County Courts Act 1984 or, in relation to matters arising in Northern Ireland, Article 54 of the County Courts (Northern Ireland) Order 1980 in relation to that person as though the person had been summoned in pursuance of county court regulations as a witness in a county court.
5
Where a person cited in paragraph (1)–
a
refuses or neglects, without sufficient cause, to appear or to produce any documents required by the citation to be produced, or
b
having been so cited, refuses to be sworn or to give evidence,
a sheriff may, on the application of the chairman, exercise in relation to that person any power which is for the time being conferred on the sheriff in the Ordinary Cause Rules set out in the First Schedule to the Sheriff Courts (Scotland) Act 1907 to ordain a witness to forfeit and pay a penalty and to grant decree for that penalty in favour of the party on whose behalf the witness was cited, as though the person had been duly cited and had demanded and been paid his travelling expenses and had failed to attend a Proof in a cause to which the said Ordinary Cause Rules apply.
6
In this regulation, “legal proceedings” means–
a
in the case of proceedings relating to an appeal which relates to matters arising in England or Wales or Northern Ireland, proceedings in a county court, and
b
in the case of Scottish proceedings, proceedings in an ordinary cause before the sheriff.
PART VII
DECISION OF THE TRIBUNAL
The decision
31
1
The tribunal must decide, taking into account in particular the appellant’s grounds of appeal–
a
whether the enforcement decision is justified on its merits, and
b
what (if any) enforcement action should be taken in relation to the matter, and what (if any) other action should be taken by either party in relation to the matter;
and it is the duty of the parties to give effect to its decision.
2
A decision of the tribunal may be taken by a majority, and the decision must record whether it was unanimous or taken by a majority; provided that where the tribunal is constituted by two members the chairman shall have a second or casting vote.
3
The decision of the tribunal may be made and announced at the end of the hearing, but in any event, whether there has been a hearing or not, must be recorded immediately it is made in a document which must also contain a statement of the reasons for the decision and must be signed and dated by the chairman.
4
Where the decision is not announced at the end of the hearing, the tribunal must–
a
within 7 days of the end of the hearing, inform each party of its decision under paragraph (1)(a), and
b
as soon as reasonably possible, send to each party a copy of the document mentioned in paragraph (3).
5
Except where the decision is announced at the end of a hearing, it shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (3) is sent to the appellant.
6
Where either party is required to pay any sum in consequence of the decision–
a
in the case of proceedings of a tribunal in relation to matters arising in England and Wales or Northern Ireland, either party or the tribunal may, after the end of the period during which an appeal may be brought under regulation 34, apply to a county court for an order requiring the party to pay the sum;
b
in the case of Scottish proceedings, the party entitled to payment may, as soon as practicable after the expiry of the period during which an appeal may be brought under regulation 34, register an extract of the decision containing a requirement to pay the sum for preservation and execution in the Books of Council and Session, and an extract of a document so registered shall be enforceable accordingly.
Publication
32
1
The Secretary of State must make such arrangements for the publication of the tribunal’s decisions as he considers appropriate, but in doing so must have regard to the need to preserve the confidentiality of any evidence heard in private or of any confidential material supplied to the tribunal.
2
For the purposes of any arrangements made under paragraph (1), the tribunal may make any necessary deletions from the text of a decision.
Costs and expenses
33
1
The tribunal may make an order awarding costs to or against the appellant or the Secretary of State.
2
The tribunal must, unless it is satisfied that it would not be just to do so, make an order under paragraph (1) against the appellant where the appeal has been decided against him and a notice was issued to him under regulation 11.
3
An order under paragraph (1) may require the party against whom it is made to pay to the other party either–
a
a specified sum not exceeding the relevant costs incurred by that other party, or
b
the whole or part of those costs as taxed (if not otherwise agreed);
and, in determining how much the party is required to pay, the tribunal must take account of the conduct of both parties in relation to the appeal.
4
The relevant costs of a party are the costs incurred by the party in–
a
attending the hearing, including loss of income,
b
reimbursing the expenses of witnesses attending the hearing on his behalf, or
c
being represented at the hearing.
5
Any costs required by an order under this regulation to be taxed are to be taxed–
a
in the case of proceedings of a tribunal in relation to matters arising in England, Wales and Northern Ireland, in the county court according to such of the scales prescribed by the county court rules for proceedings in the county court as shall be directed in the order;
b
in the case of Scottish proceedings, by the Auditor of the Sheriff Court according to such mode and such scale as shall be directed in the order.
PART VIII
SUPPLEMENTARY
Further appeals
34
1
The appellant or the Secretary of State may, at any time during the period of 3 months beginning with the day on which the decision is made, bring a further appeal on any question of law arising from the decision of the appeal by the tribunal.
2
Where the decision relates to an appeal concerning matters arising in England or Wales, any further appeal under this regulation must be made to the High Court.
3
Where the decision relates to an appeal concerning matters arising in Scotland, any further appeal under this regulation must be made to the sheriff or, where the Scottish Ministers have so determined in relation to all appeals under these Regulations, to the Court of Session.
4
Where the decision relates to an appeal concerning matters arising in Northern Ireland, any further appeal under this regulation must be made to the High Court of Justice in Northern Ireland.
5
The High Court, the sheriff or the Court of Session or the High Court of Northern Ireland (as the case may be) may confirm, vary, set aside, revoke or remit the decision of the tribunal, and may make any order the tribunal could have made.
6
No appeal to the Court of Appeal may be brought from a decision of the High Court under this regulation except with the permission of the High Court or the Court of Appeal.
7
No appeal to the sheriff principal or the Court of Session may be brought from a decision of the sheriff under this regulation except with the leave of the sheriff.
8
No appeal to the Court of Appeal of Northern Ireland may be brought from a decision of the High Court of Justice in Northern Ireland under this regulation except with the permission of the High Court of Justice in Northern Ireland or the Court of Appeal of Northern Ireland.
Irregularities
35
1
Any irregularity resulting from failure to comply with any provision of these Regulations before the tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any such irregularity comes to the attention of the tribunal, the tribunal may, and must if it considers any person may have been prejudiced by the irregularity, give such directions as it thinks just, before reaching its decision, to cure or waive the irregularity.
3
Clerical mistakes in any document recording a direction, order or decision of the chairman or tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by the chairman by certificate under his hand.
Documents etc.
36
1
Anything required to be sent to or served on any person for the purposes of the appeal may be–
a
delivered to the person personally,
b
sent to him at his appropriate address by post or by recorded delivery, or
c
sent to him by fax or E-mail (electronic mail), or other similar means which are capable of producing a document containing the text of the communication, in which case the document shall be regarded as sent when it is received in a legible form.
2
A person’s appropriate address for the purposes of paragraph (1) is–
a
in the case of a document directed to the tribunal, the address published under regulation 3;
b
in the case of a document directed to the appellant or his representative, the address stated in the notice of appeal in accordance with regulation 5 or such other address as may be subsequently notified to the tribunal;
c
in the case of a document addressed to the Secretary of State, the address stated in the reply in accordance with regulation 13 or such other address as may be subsequently notified to the tribunal.
3
Anything required to be sent to or served on a company is duly sent or served if it is sent to or served on the secretary of the company at its principal or registered address for the time being.
4
Anything required to be sent or delivered to or served on a partnership is duly sent or served if it is sent to or served on any one of the partners for the time being.
5
Where anything is sent to any person by registered post or recorded delivery, it shall be treated as if it had been received by that person on the next working day.
Time
37
Where the time prescribed by these Regulations for doing any act expires on a Sunday or public holiday, the act is in time if done on the next following day which is not a Sunday or public holiday.
Supervision by the Council on Tribunals
38
The constitution and working of tribunals established under these Regulations shall be kept under review and reported on by the Council on Tribunals as if they were tribunals specified in Schedule 1 to the Tribunals and Inquiries Act 1992 .
General power of the tribunal
39
Subject to the provisions of these Regulations, the tribunal may regulate its own procedure.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
22nd January 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment (No. 2) Regulations 2000 and shall come into force on 9th August 2000.
2
In these Regulations, “the principal Regulations ” means the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 .
Amendment of regulation 1(2)(a) of the principal Regulations
2
In sub-paragraph (a) of regulation 1(2) of the principal Regulations there is inserted, at the appropriate place in the alphabetical order of the entries in that sub-paragraph, the following entries —
“excepted person” means —
a doctor or dentist; or
a person lawfully conducting a retail pharmacy business within the meaning of section 69;
“Health Authority” —
in relation to England and Wales, has the same meaning as in the National Health Service Act 1977 ;
in relation to Scotland, means a Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 ; and
in relation to Northern Ireland, means a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Primary Care Trust” has the same meaning as in the National Health Service Act 1977 ;
“Special Health Authority” —
in relation to England and Wales, has the same meaning as in the National Health Service Act 1977;
in relation to Scotland, means a Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978; and
in relation to Northern Ireland, means a Special Health and Social Services Agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ;
.
Amendment of Schedule 1 to the principal Regulations
3
Schedule 1 to the principal Regulations is amended by adding, at the end, the following entries —
A Health Authority or Special Health Authority
A Primary Care Trust
A person other than an excepted person who carries on a business consisting (wholly or partly) of supplying medicinal products in circumstances corresponding to retail sale, or of administering such products, pursuant to an arrangement made with —
the Common Services Agency, as referred to in this Schedule;
a Health Authority or Special Health Authority;
a Health and Social Services trust or a National Health Service trust, as referred to in this Schedule; or
a Primary Care Trust
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th July 2000
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
12th July 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
17th July 2000
Brid Rodgers
Minister of Agriculture and Rural Development
17th July 2000


text:
Citation and commencement
1
1
These rules may be cited as the Family Proceedings (Amendment) Rules 2000.
2
Rules 3, 4 and 10 and this rule shall come into force on 2nd October 2000, and the remainder of these Rules shall come into force on 1st December 2000.
Transitional provisions
2
1
Subject to paragraphs (2) and (3), the Family Proceedings Rules 1991 , as amended by these rules, shall apply to all proceedings for divorce, nullity of marriage or judicial separation, whether commenced before, on or after 1st December 2000.
2
This paragraph applies where before 1st December 2000 —
a
an application for ancillary relief has been made, or notice of intention to proceed with the application has been given, in Form A; and
b
that application or notice specified that the relief sought includes provision to be made under section 25B or 25C of the Matrimonial Causes Act 1973 , or a request for such provision has been added to the application.
3
Where paragraph (2) applies: —
a
the Family Proceedings Rules 1991 shall have effect as if rules 4(a), 5 to 9 and 11 of these Rules had not come into force; but
b
in rule 2.70(5) and (6), any reference to an affidavit in support of an application shall be construed as referring to paragraph 2.16 of the statement in Form E, and any reference to an affidavit in reply shall be construed as meaning a statement in reply.
Interpretation
3
A reference to a rule by number alone refers to the rule so numbered in the Family Proceedings Rules 1991, and a reference to a Form by letter refers to the Form identified by that letter in Appendix 1A to those Rules.
Amendments to the Family Proceedings Rules 1991
4
In the Arrangement of Rules, after the entry for rule 10.25 there shall be inserted: —
Human Rights Act 1998
10.26
.
5
1
In rule 1.2(1), in the definition of “ancillary relief”: —
a
in sub-paragraph (d), the word “or” shall be omitted; and
b
after sub-paragraph (e) there shall be inserted: —
,or
f
a pension sharing order;
.
2
In rule 2.53(1), after sub-paragraph (c) there shall be inserted: —
d
a pension sharing order
.
6
In paragraph (1)(dd) of rule 2.61: —
a
for the words from “imposes” to “section” there shall be substituted “includes provision to be made under section 24B,”;
b
for “those trustees or managers have been served with notice of the application” there shall be substituted “the person responsible for the pension arrangement in question has been served with the documents required by rule 2.70(11)”; and
c
for “them” there shall be substituted “that person”.
7
In paragraph (3) of rule 2.61A, before “25B” there shall be inserted “24B,”.
8
In rule 2.61B: —
a
in paragraph (3)(a), the word “and” shall be omitted;
b
after paragraph (3)(b), there shall be inserted: —
;and
c
any documents furnished to the party producing the form by a person responsible for a pension arrangement, either following a request under rule 2.70(2) or as part of a “relevant valuation” as defined in rule 2.70(4).
;
c
paragraph (8) shall be omitted.
9
For rule 2.70 there shall be substituted the following: —
Pensions
2.70
1
This rule applies where an application for ancillary relief has been made, or notice of intention to proceed with the application has been given, in Form A, or an application has been made in Form B, and the applicant or respondent has or is likely to have any benefits under a pension arrangement.
2
When the court fixes a first appointment as required by rule 2.61A(4)(a), the party with pension rights shall, within seven days after receiving notification of the date of that appointment, request the person responsible for each pension arrangement under which he has or is likely to have benefits to furnish the information referred to in regulation 2(2) and (3)(b) to (f) of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 .
3
Within seven days of receiving information under paragraph (2) the party with pension rights shall send a copy of it to the other party, together with the name and address of the person responsible for each pension arrangement.
4
A request under paragraph (2) above need not be made where the party with pension rights is in possession of, or has requested, a relevant valuation of the pension rights or benefits accrued under the pension arrangement in question.
5
In this rule, a relevant valuation means a valuation of pension rights or benefits as at a date not more than twelve months earlier than the date fixed for the first appointment which has been furnished or requested pursuant to any of the following provisions: —
a
the Pensions on Divorce etc. (Provision of Information) Regulations 2000;
b
regulation 5 of and Schedule 2 to the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 and regulation 11 of and Schedule 1 to the Occupational Pension Schemes (Transfer Value) Regulations 1996 ;
c
section 93A or 94(1)(a) or (aa) of the Pension Schemes Act 1993 ;
d
section 94(1)(b) of the Pension Schemes Act 1993 or paragraph 2(a) (or, where applicable, 2(b)) of Schedule 2 to the Personal Pension Schemes (Disclosure of Information) Regulations 1987 .
6
Upon making or giving notice of intention to proceed with an application for ancillary relief including provision to be made under section 24B (pension sharing) of the Act of 1973, or upon adding a request for such provision to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned a copy of Form A.
7
Upon making or giving notice of intention to proceed with an application for ancillary relief including provision to be made under section 25B or 25C (pension attachment) of the Act of 1973, or upon adding a request for such provision to an existing application for ancillary relief, the applicant shall send to the person responsible for the pension arrangement concerned —
a
a copy of Form A;
b
an address to which any notice which the person responsible is required to serve on the applicant under the Divorce etc. (Pensions) Regulations 2000 is to be sent;
c
an address to which any payment which the person responsible is required to make to the applicant is to be sent; and
d
where the address in sub-paragraph (c) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the applicant.
8
A person responsible for a pension arrangement on whom a copy of a notice under paragraph (7) is served may, within 21 days after service, require the applicant to provide him with a copy of section 2.16 of the statement in Form E supporting his application; and the applicant must then provide that person with the copy of that section of the statement within the time limited for filing it by rule 2.61B(2), or 21 days after being required to do so, whichever is the later.
9
A person responsible for a pension arrangement who receives a copy of section 2.16 of Form E as required pursuant to paragraph (8) may within 21 days after receipt send to the court, the applicant and the respondent a statement in answer.
10
A person responsible for a pension arrangement who files a statement in answer pursuant to paragraph (9) shall be entitled to be represented at the first appointment, and the court must within 4 days of the date of filing of the statement in answer give the person notice of the date of the first appointment.
11
Where the parties have agreed on the terms of an order including provision under section 25B or 25C (pension attachment) of the Act of 1973, then unless service has already been effected under paragraph (7), they shall serve on the person responsible for the pension arrangement concerned —
a
the notice of application for a consent order under rule 2.61(1);
b
a draft of the proposed order under rule 2.61(1), complying with paragraph (13) below; and
c
the particulars set out in sub-paragraphs (b), (c) and (d) of paragraph (7) above.
12
No consent order under paragraph (11) shall be made unless either —
a
the person responsible has not made any objection within 21 days after the service on him of such notice; or
b
the court has considered any such objection
and for the purpose of considering any objection the court may make such direction as it sees fit for the person responsible to attend before it or to furnish written details of his objection.
13
An order for ancillary relief, whether by consent or not, including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973, shall —
a
in the body of the order, state that there is to be provision by way of pension sharing or pension attachment in accordance with the annex or annexes to the order; and
b
be accompanied by an annex containing the information set out in paragraph (14) or paragraph (15) as the case may require; and if provision is made in relation to more than one pension arrangement there shall be one annex for each pension arrangement.
14
Where provision is made under section 24B (pension sharing) of the Act of 1973, the annex shall state —
a
the name of the court making the order, together with the case number and the title of the proceedings;
b
that it is a pension sharing order made under Part IV of the Welfare Reform and Pensions Act 1999;
c
the names of the transferor and the transferee;
d
the national insurance number of the transferor;
e
sufficient details to identify the pension arrangement concerned and the transferor’s rights or benefits from it (for example a policy reference number);
f
the specified percentage, or where appropriate the specified amount, required in order to calculate the appropriate amount for the purposes of section 29(1) of the Welfare Reform and Pensions Act 1999 (creation of pension debits and credits);
g
how the pension sharing charges are to be apportioned between the parties or alternatively that they are to be paid in full by the transferor;
h
that the person responsible for the pension arrangement has furnished the information required by regulation 4 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 and that it appears from that information that there is power to make an order including provision under section 24B (pension sharing) of the Act of 1973;
i
the day on which the order or provision takes effect; and
j
that the person responsible for the pension arrangement concerned must discharge his liability in respect of the pension credit within a period of 4 months beginning with the day on which the order or provision takes effect or, if later, with the first day on which the person responsible for the pension arrangement concerned is in receipt of —
i
the order for ancillary relief, including the annex;
ii
the decree of divorce or nullity of marriage; and
iii
the information prescribed by regulation 5 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000;
provided that if the court knows that the implementation period is different from that stated in sub-paragraph (j) by reason of regulations under section 34(4) or 41(2)(a) of the Welfare Reform and Pensions Act 1999, the annex shall contain details of the implementation period as determined by those regulations instead of the statement in sub-paragraph (j).
15
Where provision is made under section 25B or 25C (pension attachment) of the Act of 1973, the annex shall state —
a
the name of the court making the order, together with the case number and the title of the proceedings;
b
that it is an order making provision under section 25B or 25C, as the case may be, of the Act of 1973;
c
the names of the party with pension rights and the other party;
d
the national insurance number of the party with pension rights;
e
sufficient details to identify the pension arrangement concerned and the rights or benefits from it to which the party with pension rights is or may become entitled (for example a policy reference number);
f
in the case of an order including provision under section 25B(4) of the Act of 1973, what percentage of any payment due to the party with pension rights is to be paid for the benefit of the other party;
g
in the case of an order including any other provision under section 25B or 25C of the Act of 1973, what the person responsible for the pension arrangement is required to do;
h
the address to which any notice which the person responsible for the pension arrangement is required to serve on the other party under the Divorce etc. (Pensions) Regulations 2000 is to be sent, if not notified under paragraph (7)(b);
i
an address to which any payment which the person responsible for the pension arrangement is required to make to the other party is to be sent, if not notified under paragraph (7)(c);
j
where the address in sub-paragraph (i) is that of a bank, a building society or the Department of National Savings, sufficient details to enable payment to be made into the account of the other party, if not notified under paragraph (7)(d); and
k
where the order is made by consent, that no objection has been made by the person responsible for the pension arrangement, or that an objection has been received and considered by the court, as the case may be.
16
A court which makes, varies or discharges an order including provision under section 24B (pension sharing), 25B or 25C (pension attachment) of the Act of 1973, shall send to the person responsible for the pension arrangement concerned —
a
a copy of the decree of divorce, nullity of marriage or judicial separation;
b
in the case of divorce or nullity of marriage, a copy of the certificate under rule 2.51 that the decree has been made absolute; and
c
a copy of that order, or as the case may be of the order varying or discharging that order, including any annex to that order relating to that pension arrangement but no other annex to that order.
17
The documents referred to in paragraph (16) shall be sent within 7 days after the making of the relevant order, or within 7 days after the decree absolute of divorce or nullity or decree of judicial separation, whichever is the later.
18
In this rule —
a
all words and phrases defined in sections 25D(3) and (4) of the Act of 1973 have the meanings assigned by those subsections;
b
all words and phrases defined in section 46 of the Welfare Reform and Pensions Act 1999 have the meanings assigned by that section.
.
10
After rule 10.25 there shall be inserted the following: —
Human Rights Act 1998
10.26
1
In this rule: —
“originating document” means a petition, application, originating application, originating summons or other originating process;
“answer” means an answer or other document filed or served by a party in reply to an originating document (but not an acknowledgement of service);
“Convention right” has the same meaning as in the Human Rights Act 1998 ;
“declaration of incompatibility” means a declaration of incompatibility under section 4 of the Human Rights Act 1998.
2
A party who seeks to rely on any provision of or right arising under the Human Rights Act 1998 or seeks a remedy available under that Act —
a
shall state that fact in his originating document or (as the case may be) answer; and
b
shall in his originating document or (as the case may be) answer: —
i
give precise details of the Convention right which it is alleged has been infringed and details of the alleged infringement:
ii
specify the relief sought;
iii
state if the relief sought includes a declaration of incompatibility.
3
A party who seeks to amend his originating document or (as the case may be) answer to include the matters referred to in paragraph (2) shall, unless the court orders otherwise, do so as soon as possible and in any event not less than 28 days before the hearing.
4
The court shall not make a declaration of incompatibility unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.
5
Where notice has been given to the Crown a Minister, or other person permitted by the Human Rights Act 1998, shall be joined as a party on giving notice to the court.
6
Where a party has included in his originating document or (as the case may be) answer:
a
a claim for a declaration of incompatibility, or
b
an issue for the court to decide which may lead to the court considering making a declaration of incompatibility,
then the court may at any time consider whether notice should be given to the Crown as required by the Human Rights Act 1998 and give directions for the content and service of the notice.
7
In the case of an appeal for which permission to appeal is required, the court shall, unless it decides that it is appropriate to do so at another stage in the proceedings, consider the issues and give the directions referred to in paragraph (6) when deciding whether to give such permission.
8
If paragraph (7) does not apply, and a hearing for directions would, but for this rule, be held, the court shall, unless it decides that it is appropriate to do so at another stage in the proceedings, consider the issues and give the directions referred to in paragraph (6) at the hearing for directions.
9
If neither paragraph (7) nor paragraph (8) applies, the court shall consider the issues and give the directions referred to in paragraph (6) when it considers it appropriate to do so, and may fix a hearing for this purpose.
10
Where a party amends his originating document or (as the case may be) answer to include any matter referred to in paragraph (6)(a), then the court will consider whether notice should be given to the Crown and give directions for the content and service of the notice.
11
In paragraphs (12) to (16), “notice” means the notice given under paragraph (4).
12
The notice shall be served on the person named in the list published under section 17 of the Crown Proceedings Act 1947.
13
The notice shall be in the form directed by the court.
14
Unless the court orders otherwise, the notice shall be accompanied by the directions given by the court and the originating document and any answers in the proceedings.
15
Copies of the notice shall be served on all the parties.
16
The court may require the parties to assist in the preparation of the notice.
17
Unless the court orders otherwise, the Minister or other person permitted by the Human Rights Act 1998 to be joined as a party shall, if he wishes to be joined, give notice of his intention to be joined as a party to the court and every other party, and where the Minister has nominated a person to be joined as a party the notice must be accompanied by the written nomination.
18
Where a claim is made under section 9(3) of the Human Rights Act 1998 in respect of a judicial act the procedure in paragraphs (6) to (17) shall also apply, but the notice to be given to the Crown:
a
shall be given to the Lord Chancellor and shall be served on the Treasury Solicitor on his behalf; and
b
shall also give details of the judicial act which is the subject of the claim and of the court that made it.
19
Where in any appeal a claim is made in respect of a judicial act to which sections 9(3) and (4) of that Act applies —
a
that claim must be set out in the notice of appeal; and
b
notice must be given to the Crown in accordance with paragraph (18).
20
The appellant must in a notice of appeal to which paragraph (19)(a) applies —
a
state that a claim is being made under section 9(3) of the Human Rights Act 1998; and
b
give details of —
i
the Convention right which it is alleged has been infringed;
ii
the infringement;
iii
the judicial act complained of; and
iv
the court which made it.
21
Where paragraph (19) applies and the appropriate person (as defined in section 9(5) of the Human Rights Act 1998) has not applied within 21 days, or such other period as the court directs, after the notice is served to be joined as a party, the court may join the appropriate person as a party.
22
On any application or appeal concerning —
a
a committal order;
b
a refusal to grant habeas corpus; or
c
a secure accommodation order made under section 25 of the Act of 1989,
if the court ordering the release of the person concludes that his Convention rights have been infringed by the making of the order to which the application or appeal relates, the judgment or order should so state, but if the court does not do so, that failure will not prevent another court from deciding the matter.
.
11
1
For Form A there shall be substituted the form contained in Schedule 1 to these Rules.
2
In Form E: —
a
on the first page, after the words “before an Officer of the Court” there shall be inserted “, a solicitor”;
b
in paragraph 2.16, beneath the box with the words “Name and address of scheme, plan or policy” there shall be inserted a box with the words “Your national insurance number”.
12
For Forms H and I there shall be substituted the forms contained in Schedule 2 to these Rules.
Irvine of Lairg, C.
Elizabeth Butler-Sloss, P.
Joyanne Bracewell
Donald Hamilton
A. N. Fricker
Rachel A. Evans
Jennifer M. Roberts
I. M. Robertson
David Hodson
Dated 17th August 2000


text:
1
This Order may be cited as the Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules Approval Order 2000, and shall come into force on 31st December 2000.
2
The Insurance Brokers Registration Council (Registration and Enrolment) (Amendment) Rules 2000 made on 28th November 2000 by the Insurance Brokers Registration Council in exercise of their powers under section 8(2) of the Insurance Brokers (Registration) Act 1977 are hereby approved.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 2) Regulations 2000 and shall come into force on 1st October 2000.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments relating to fees
3
In each provision specified in column 1 of the Table for the amount specified in column 2 there shall be substituted the amount specified in column 3.
Table
(1) (2) (3) Regulation Existing amount (£) Substituted amount (£)
20(1)(a) 13.04 13.70 20(1)(aa) 21.80 22.70 20(1)(b) 25.63 26.60 20(1)(c)(i) 33.91 35.90 20(1)(c)(ii) 32.11 34.00 20(1)(ca) 38.67 40.75 20(1)(d)(i) 53.36 54.15 20(1)(d)(ii) 39.18 41.70 20(1)(da)(i) 76.68 80.30 20(1)(da)(ii) 47.87 50.60 20(1)(f) 33.80 35.75 25(2) 58.00 94.00
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nottinghamshire Healthcare National Health Service Trust (Establishment) Order 2000 and shall come into force on 6th November 2000.
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 6th November 2000;
“high security psychiatric services” has the meaning assigned to it in the National Health Service Act 1977, section 4 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Nottinghamshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Nottinghamshire Healthcare 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 —
a
to provide hospital accommodation and services and community health services at or from Trust Headquarters, Southwell Road, Mansfield, Nottinghamshire, NG18 4HH, and at or from any associated hospitals, establishments and facilities; and
b
subject to having approval under paragraph 10(2) of Schedule 2 to the Act , to provide high security psychiatric services at or from Rampton Hospital, Retford, Nottinghamshire, DN22 0PD.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of trust
4
1
The trust shall have in addition to the chairman 7 non-executive directors and the number of executive directors determined under paragraph (2) .
2
The number of executive directors shall be —
a
7 where the trust is approved under paragraph 10(2) of Schedule 2 to the Act for the purpose of providing high security psychiatric services,
b
otherwise, 5.
3
One of the non-executive directors shall be appointed from either The University of Leicester, the University of Nottingham or the University of Sheffield.
4
Where paragraph (2)(a) applies, one of the executive directors shall be the chief officer with responsibility for high security psychiatric services and one shall be appointed subject to termination of the appointment in the event that the trust ceases to be approved as mentioned in that paragraph.
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.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assitance by Health Authorities before operational date
7
1
The North Nottinghamshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; 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 the operational date.
Signed by Authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
26th October 2000


text:
Citation, commencement and extent
1
1
This Order may be cited as the Town and Country Planning (General Development Procedure) (England) (Amendment) Order 2000 and shall come into force on 1st August 2000.
2
This Order extends to England only.
Interpretation
2
In this Order —
“the 1995 Order ” means the Town and Country Planning (General Development Procedure) Order 1995 .
Change to Article 22: Written notice of decision or determination relating to a planning application
3
In article 22(1)(a) of the 1995 Order, after “condition imposed” insert —
, specifying all policies and proposals in the development plan which are relevant to the decision
.
Change to Article 23: Appeals
4
In article 23 of the 1995 Order after paragraph (3) insert —
4
The Secretary of State may refuse to accept a notice of appeal from an applicant if the documents required under paragraphs (1) and (3) are not served on him within the time limit specified in paragraph (2).
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
20th June 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Professions Supplementary to Medicine) Amendment Regulations 2000, and shall come into force on 1st April 2000.
2
In these Regulations, “the principal Regulations” means the National Health Service (Professions Supplementary to Medicine) Regulations 1974 .
3
These Regulations extend to England
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 of the principal Regulations (employment of officers) shall be amended as follows.
2
In paragraph (1), for “radiographer or remedial gymnast” there shall be substituted “or radiographer” .
3
After paragraph (1), there shall be inserted the following paragraph–
1A
No person shall be employed as an officer of an authority to which this regulation applies, in the capacity of prosthetist and orthotist or arts therapist unless–
a
he is registered in respect of that profession; or
b
he is a person who has never been registered as a prosthetist and orthotist or arts therapist, but who, immediately before 1st April 2000, was employed in that capacity by an authority to which this regulation applies.
.
4
For paragraph (2) there shall be substituted–
2
The authorities to which this regulation applies are–
a
Health
b
Special Health Authorities.
.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
29th February 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Service Medicines (Price Control Appeals) Amendment Regulations 2000 and shall come into force on 17th April 2000.
2
In these Regulations “the principal Regulations ” means the Health Service Medicines (Price Control Appeals) Regulations 2000 .
Amendment of the principal Regulations
2
1
In the following provisions of the principal Regulations for the words “disputed action” in each place in which they occur there shall be substituted the words “enforcement decision” —
a
regulation 5(2)(b) (notice of appeal);
b
regulation 14 (further documents); and
c
regulation 29(2)(b) (evidence).
2
In regulation 27(4) (procedure at the hearing) for the reference “regulation 21(1)(b)” there shall be substituted the reference “regulation 22(1)(b)”.
3
For paragraph (4) of regulation 30 (summoning or citing of witness) there shall be substituted the following paragraph —
4
Where a person summoned under paragraph (1) —
a
refuses or neglects, without sufficient cause, to appear or to produce any documents required by the summons to be produced, or
b
having been so summoned, refuses to be sworn or to given evidence,
a judge may, on the application of the chairman, exercise his powers under section 55 of the County Court Act 1984 . or, in relation to matters arising in Northern Ireland, Article 54 of the County Courts (Northern Ireland) Order 1980 . in relation to that person as though the person had been summoned in pursuance of the civil procedure rules as a witness in a county court.
.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
24th March 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2000 and shall come into force on 5th June 2000.
2
This Order shall extend to England only.
Amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
2
1
In so far as it applies in England, the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 shall be amended in accordance with this article.
2
In article 4(2)(a) after the words “member State” there shall be inserted the words “or Norway”.
3
After article 4(2) there shall be inserted —
2A
The prohibition on landing contained in paragraph (1) above shall not apply to an animal brought into England from Northern Ireland, the Republic of Ireland, the Channel Islands or the Isle of Man if it has been admitted into one of those countries or territories under legislation corresponding to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 which ensures that —
a
the animal has been identified by means of a microchip implanted into its body;
b
after it has been microchipped, the animal has been vaccinated against rabies in a country or part of a country specified in Schedule 2 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 or in the British Islands or the Republic of Ireland after the age of three months by injection of an inactivated vaccine approved by the competent authority of the country in which the vaccination takes place;
c
the animal has had any necessary booster injections in a country or part of a country specified in Schedule 2 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 or in the British Islands or the Republic of Ireland at intervals specified by the manufacturer of the vaccine;
d
after it has been vaccinated against rabies, and at least six months before being brought into the country or territory in question, a blood sample was taken from the animal and tested for rabies antibodies using a virus neutralisation test at a recognised laboratory (that is, a laboratory recognised in writing by the Minister of Agriculture, Fisheries and Food or the competent authority of the country or territory in question as being competent to carry out blood tests for the purposes of the legislation), with the result of that test demonstrating a protective antibody titre of at least 0.5 international units per millilitre. The six month period shall begin on the date that the sample was taken from the animal;
e
not less than 24 hours and not more than 48 hours before embarkation for the country or territory in question the animal has been treated by a veterinary surgeon entitled to practise veterinary medicine in the country in which the treatment is administered against Echinococcus multilocularis and ticks, using a veterinary medicine with a marketing authorisation in the country in which the medicine is administered and at an appropriate dosage; and in the case of treatment against Echinococcus multilocularis the medicine must contain praziquantel as the active ingredient. The treatment against ticks must not be by means of a collar impregnated with acaricide; and
f
the animal has not been outside the British Islands, the Republic of Ireland or the countries or territories in Part I of Schedule 2 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 (or, in the case of dogs assisting persons suffering from sensory impairment, those territories plus the countries in Part II of that Schedule) for the six month period immediately preceding the date it is brought into the country or territory in question.
2B
The requirement for a delay of six months between taking the blood sample for testing and the animal being brought into the country or territory in question in sub-paragraph (d) of paragraph (2A) above shall not apply in the case of an animal which was microchipped, vaccinated and blood sampled before 28th February 2000, and which, at the time the blood sample was taken, either had never left the British Islands or the Republic of Ireland, or had spent six months in quarantine in either the British Islands or the Republic of Ireland and had not subsequently left those countries, or had been brought into the British Islands or the Republic of Ireland under the provisions of Council Directive 92/65/ EEC (laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A(I) to Directive 90/425/EEC ) and had not subsequently left those countries.
.
4
At the end of article 4A there shall be added —
7
The provisions of this article shall apply in relation to Norway in the same way as they apply in relation to member States.
.
5
In paragraphs (1) and (2)(b) of article 5A , in each case the words “Schedule 2 to this Order” shall be replaced with “Schedule 2 to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999”.
6
Paragraph (3) of article 6 shall be replaced with
3
The requirement to vaccinate against rabies in paragraph (1) above shall not apply in any case where the Minister is satisfied that the animal has been vaccinated and blood tested in accordance with the requirements of the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999, and the period of cover of the vaccination has not expired.
.
Amendments to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999
3
1
The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall be amended in accordance with this article.
2
After paragraph 4 of article 6 (treatment against Echinococcus multilocularis and ticks) there shall be inserted —
4A
The treatment against ticks must not be by means of a collar impregnated with acaricide.
.
3
After article 6 (health status of the animal) there shall be inserted —
Derogation for animals identified outside England
6A
1
This article applies in the case where the competent authority of a country or territory in Schedule 2 to this Order operates a mandatory identification system for cats or dogs under which —
a
the competent authority allocates a unique number to the animal;
b
a veterinary surgeon or person authorised by the competent authority to do so tattoos the animal with the unique number and registers that he has done so with the competent authority of the country or territory;
c
the competent authority issues a certificate of registration for the animal which records the unique number of the animal;
d
the number of any microchip subsequently inserted into the animal by a veterinary surgeon is recorded on the certificate of registration by the competent authority.
2
If an animal is marked and registered in accordance with paragraph (1) above then, by way of derogation from the requirement in article 6 above that the animal must be vaccinated and tested after it has been microchipped, the animal may be vaccinated and tested before it has been microchipped provided that it is marked and registered in accordance with the competent authority’s requirements before it is vaccinated and tested; and in this case the declaration required by paragraph 3 of Schedule 3 to this Order shall provide that —
a
the official veterinary surgeon has seen the official registration document which contains the tattoo number and microchip number of the animal concerned and also the record of rabies vaccination which confirms that the animal was vaccinated against rabies, and (in the case of re-vaccination) indicates that the latest vaccination was carried out on or before the date of expiry of the previous vaccination in accordance with the recommendation in the manufacturer’s data sheet and that the latest vaccination is valid;
b
the official veterinary surgeon has seen a record (certified by the laboratory carrying out the test) of the result of a serological test for the animal, carried out on a blood sample taken on (date) after the first vaccination referred to above, and in a laboratory recognised by the Ministry of Agriculture, Fisheries and Food for the purpose, which states that the rabies neutralising antibody titre was equal to or greater than 0.5 IU/ml.
c
the animal showed no clinical signs of rabies at the time of certification.
.
3
In article 9(1), the words “all three certificates required under the provisions of this Order” shall be replaced with “the two health certificates required under article 7(1) above and the declaration required under article 7(5) above”.
4
In article 10(3) the words “all health certificates required under this Order” shall be replaced with “the two health certificates required under article 7(1) above and the declaration required under article 7(5) above”.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
12th May 2000


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Scottish Parliamentary Pension Scheme) Regulations 2000, and shall come into force on 30th March 2000, but shall take effect as specified in regulation 3.
Interpretation
2
In these Regulations:
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act.
Pensions to which the 1971 Act will apply
3
With effect from 21st December 1999, the 1971 Act shall apply to any pensions payable under the Scottish Parliamentary Pension Scheme as if they were pensions specified in Part II of Schedule 2 to the 1971 Act.
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing (Service Charge Loans) (Amendment) (England) Regulations 2000 and shall come into force on 14th August 2000.
2
These Regulations extend to England only.
Amendment to the Housing (Service Charge Loans) Regulations 1992
2
For paragraph 1 of Schedule 2 to the Housing (Service Charge Loans) Regulations 1992 there shall be substituted the following —
1
a
Except in a case falling within sub-paragraph (b), the rate of interest payable on the loan shall be such reasonable rate as may be determined by the lender.
b
In the case of a loan under regulation 2 where the lender is a local authority, the provisions of Schedule 16 to the Act shall apply.
.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
21st July 2000


text:
Citation, Commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2000 and shall come into force on 10th February 2000, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order “ the Act ” means the Superannuation Act 1972.
Offices and Employments
2
With effect from 1st April 1999: —
a
the office of inspector of the Football Licensing Authority is hereby added to the offices listed in Schedule 1 to the Act,
b
employment by the Football Licensing Authority is hereby added to the employment listed in Schedule 1 to the Act,
c
employment by the Trustees of the National Heritage Memorial Fund is hereby added to those listed in Schedule 1 to the Act, and
with effect from 20th August 1999: —
d
employment by the Commission for Architecture and the Built Environment is hereby added to those listed in Schedule 1 to the Act, and
e
employment by the Royal Fine Art Commission is hereby removed from those listed in Schedule 1 to the Act.
Marjorie Mowlam
Minister for the Cabinet Office for the Minister for the Civil Service
20th January 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 3) Order 2000.
2
In this Order references to sections and Schedules are, unless otherwise specified, references to sections of, and Schedules to, the Local Government Act 2000.
3
This Order applies in relation to England only.
Provisions coming into force on 18th October 2000
2
The following provisions shall come into force on 18th October 2000 —
a
sections 1 to 9;
b
in Schedule 6, the repeal —
i
in section 25(8) of the Local Government (Miscellaneous Provisions) Act 1976 , of the words from “Without prejudice” to “inhabitants of its area)”;
ii
in section 13 of the Inner Urban Areas Act 1978 , of the words “section 137(1) of the Local Government Act 1972 or”;
iii
of section 11A(4) of the Housing Act 1985 ; and
iv
of sections 34 and 35 of the Local Government and Housing Act 1989 ; and
c
section 107(2) to the extent that it relates to the repeals referred to in paragraph (b) of this article.
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
16th October 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Reading) Order 2000 and shall come into force on 30th October 2000.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Reading excluding that part of the M4 Motorway and its slip roads within the Borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and so applied shall have effect subject to the modifications specified in Schedule 1 to his Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area so specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
29th June 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (The Chiltern Railway Company Limited Class 168/1 Vehicles) Exemption Order 2000 and shall come into force on 12th June 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles which are numbered 58156 to 58160 and 58256 to 58260 and which form the diesel multiple-units numbered 168106 to 168110 of the class known as “Class 168/1” (“the exempted vehicles ”) as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by The Chiltern Railway Company Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(3)(b);
regulation 5, but only in so far as it relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle; and
regulation 5(1)(a), but only in so far as it relates to the doors in the side of an exempted vehicle.
5
1
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 5 shall cease at the end of 31st December 2011.
3
The exemption given in respect of regulation 5(1)(a) shall cease —
i
at the end of 31st December 2010; or
ii
in respect of an exempted vehicle in which all the door control devices for the doors in the sides of the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
6
The authorisation given by article 4(1) above shall cease immediately in respect of an exempted vehicle which is operated by a person other than The Chiltern Railway Company Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th May 2000