text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No.2) Regulations 2001 and shall come into force on 1st October 2001.
Amendment of the Housing Benefit (General) Regulations 1987
2
For regulation 101 of the Housing Benefit (General) Regulations 1987 there shall be substituted the following regulation —
Person from whom recovery may be sought
101
1
For the purposes of section 75(3)(a) of the Administration Act (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is —
a
housing benefit has been paid in accordance with regulation 93 (circumstances in which payment is to be made to the landlord) or regulation 94 (circumstances in which payment may be made to a landlord);
b
the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;
c
it appears to the relevant authority that, on the assumption that there has been an overpayment —
i
there are grounds for instituting proceedings against any person for an offence under section 111A or 112(1) of the Administration Act (dishonest or false representations for obtaining benefit); or
ii
there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 75(1) (duty to notify a change in circumstances) and the overpayment occurred as a result of that deliberate failure; and
d
the relevant authority is satisfied that the landlord —
i
has not colluded with the claimant so as to cause the overpayment;
ii
has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.
2
For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), the prescribed person is —
a
in a case where the overpayment arose as a consequence of a misrepresentation or failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant or any other person to whom housing benefit has been paid, the person who misrepresented or failed to disclose that material fact;
b
in a case where a recoverable overpayment is made to a claimant who has one or more partners, the claimant’s partner or any of his partners;
c
the claimant.
3
For the purposes of paragraph (1), “landlord” shall have the same meaning as it has for the purposes of regulation 93.
4
For the purposes of paragraph (2)(b), recovery of the overpayment may be by deduction from any housing benefit payable to a partner provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
26th March 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Race Relations Act 1976 (General Statutory Duty) Order 2001 and shall come into force on 3rd December 2001.
Amendment of Schedule 1A
2
Schedule 1A to the Race Relations Act 1976 is amended as follows:
a
after the heading “Bodies and other persons subject to general statutory duty” there is inserted —
PART I
ORIGINAL CATEGORIES OF BODIES AND OTHER PERSONS
b
the entry numbered 25 (licensing planning committees) is repealed;
c
for the entry numbered 28 (probation committees) there is substituted —
28
A local probation board established under section 4 of the Criminal Justice and Court Services Act 2000.
; and
d
at the end there are inserted the headings and entries set out in the Schedule to this Order.
Angela Eagle
Parliamentary Under Secretary of State
Home Office
23rd October 2001


text:
1
These Regulations may be cited as the National Savings Stock Register (Amendment) Regulations 2001 and shall come into force on 9th August 2001.
2
In regulation 22 of the National Savings Stock Register Regulations 1976 , (payments by the Director of Savings), for paragraph (1) substitute —
1
Every payment of an amount payable in respect of any stock shall be made by warrant except to the extent that —
a
payment is made by any other means in accordance with the terms and conditions subject to which the stock is held,
b
the Director of Savings otherwise directs, or
c
an applicant for payment of an amount repayable in respect of any stock requests, and the Director of Savings consents thereto, that all or part of the repayment be used to —
i
purchase stock or any other description of security issued by the Treasury for the purpose of raising money under the auspices of the Director of Savings, or
ii
make a deposit with the National Savings Bank.
1A
In the absence of a direction or request within paragraph (1), and subject to the terms and conditions subject to which the stock is held, every application for payment of the amount repayable in respect of stock shall be treated as implying an authority to the Director of Savings to —
a
issue a warrant for that amount and pay it in accordance with the terms of the warrant, or
b
make payment by such other means (if any) as may be provided for in those terms and conditions.
1B
The death of any person who made an application for payment of the amount repayable in respect of stock shall not of itself determine the authority mentioned in paragraph (1A), but if the Director of Savings receives notice that the applicant has died or has countermanded such authority, the Director of Savings —
a
shall not issue a warrant or, if such a warrant has already been issued, shall take all reasonable steps to stop payment thereof, and
b
shall not initiate the making of payment by other means or, if such payment has already been initiated, shall take all reasonable steps (if any) as may, having regard to the nature of the means of payment concerned, be within his power to prevent completion of the payment
.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
2001


text:
1
This Order may be cited as the West Oxfordshire College (Dissolution) Order 2001 and shall come into force on 31st March 2001.
2
On 31st March 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to the Abingdon College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 31st March 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 31st March 2001;
c
to the transferor were to the corporation; and
d
to the corporation were to the Abingdon College.
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th March 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) (Amendment) (No. 2) Regulations 2001; they extend to England and shall come into force on 29th September 2001.
Amendments to the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) Regulations 2001
2
1
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 9) Regulations 2001 are amended in accordance with this regulation.
2
In regulation 1(2) for “30th September 2001” there shall be substituted “30th November 2001”.
3
In regulation 2(1) —
a
for the definition of “the Decision” there shall be substituted the following —
“the Decision” means Commission Decision 2001/356/ EC of 4th May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/172/EC , as last amended by the Commission Decision of 28th September 2001 ;
; and
b
after the definition of “restricted area” there shall be inserted the following —
“semen collection centre” means a semen collection centre authorised by the Secretary of State for the purposes of regulation 8(2A) for the dispatch of frozen bovine semen;
.
4
After regulation 8(2) there shall be inserted the following —
2A
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen produced after 30th September 2001 in a semen collection centre in accordance with the provisions of Council Directive 88/407/ EEC and with the following conditions —
a
the donor bull showed no clinical sign of foot-and-mouth disease on the day of collection of the semen;
b
the donor bull was kept in the semen collection centre for at least three months (which may include the isolation period of at least 30 days in isolation accommodation attached to the semen collection centre) prior to the collection of the semen;
c
no animal was introduced into the semen collection centre during the 30 days prior to the collection of the semen;
d
the semen collection centre has been free from foot-and-mouth disease for at least three months and no case of foot-and-mouth disease occurred within a 10 kilometre radius around the semen collection centre for the 30 days before and after the collection of the semen;
e
no animal in the semen collection centre has been vaccinated against foot-and-mouth disease;
f
the donor bull showed a negative response to a test for antibodies against foot-and-mouth disease virus carried out at least 21 days after the collection of the last semen of the consignment and the negative test results were available before dispatch of the semen;
g
the frozen semen was stored for a period of at least 30 days between collection and dispatch and during this period no animal in the semen collection centre showed any sign of foot-and-mouth disease;
h
the semen was collected, processed and stored separately from semen which is not eligible for dispatch; and
i
all semen collected, processed and frozen in the semen collection centre is dispatched from the semen collection centre in a way that avoids any risk of introducing foot-and-mouth disease into the centre.
.
5
In regulation 14(1) for the words “exporting equidae to another Member State” there shall be substituted the words “dispatching equidae”.
Alun Michael
Minister of State
Department of Environment, Food and Rural Affairs
Dated 28th September 2001


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the National Patient Safety Agency (Establishment and Constitution) Order 2001 and shall come into force on 2nd July 2001.
2
This Order extends to England only.
3
In this Order “the Agency” means the National Patient Safety Agency established by this Order.
Establishment of the Agency
2
There is hereby established a Special Health Authority which shall be known as the National Patient Safety Agency.
Functions of the Agency
3
Subject to and in accordance with such directions as the Secretary of State may give , the Agency shall perform —
a
such functions in connection with securing improvements in the quality of care and treatment provided for persons under the health service, and
b
such other functions,
as the Secretary of State may direct.
Constitution of the Agency
4
The Agency shall consist of —
a
a chairman,
b
not less than 12 and not more than 15 members who are not officers of the Agency,
c
the chief executive of the Agency, and
d
one officer of the Agency.
Remuneration of members
5
The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Agency.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment (No. 2) Order 2001 and shall come into force on 10th December 2001.
2
In this Order —
a
“the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 ;
b
“Table A of Schedule 1” means Table A (internal or external use) of Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order);
c
“Table B of Schedule 1” means Table B (external use only) of Schedule 1 to the principal Order.
Amendment of Table A of Schedule 1 to the principal Order
2
1
Table A of Schedule 1 is amended as follows —
a
against the entry for Ibuprofen , there is inserted —
i
in column 2, after the entry numbered “(2)”, the words “(3) 2.0 per cent”;
ii
in column 3, after the entry numbered “(2)”, the words “(3) Internal: liquid preparations, for the treatment of rheumatic or muscular pain, headache, dental pain, feverishness, or symptoms of colds and influenza for use in children aged under 12 years”; and
iii
in column 4, after the entry numbered “(2)”, the words “(3) 200 mg (MD) 800 mg (MDD)”; and
b
against the entry for Potassium Chloride —
i
in column 2, the entry “0.15 per cent” is numbered “(1)”; and
ii
in column 3, for the entry “Treatment of acute diarrhoea” there is substituted the entry “(1) Internal: for the treatment of acute diarrhoea” and, after that entry, there is inserted the entry “(2) External”.
2
In Table A of Schedule 1, there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entries set out in column 1 below, and, against those entries, there is inserted in columns 2, 3 and 4 the corresponding text in columns 2, 3 and 4 below:
Column 1 Column 2 Column 3 Column 4
Substance Maximum strength or maximum amount released Use, pharmaceutical form or route of administration Maximum dose and maximum daily dose Cetirizine Hydrochloride 10 mg Tablets; for the symptomatic relief of perennial rhinitis, seasonal allergic rhinitis and idiopathic chronic urticaria in adults and in children aged 12 years and over 10 mg (MDD) Ibuprofen Lysine Equivalent to 200 mg ibuprofen Tablets; for the treatment of rheumatic or muscular pain, backache, neuralgia, migraine, headache, dental pain, dysmenorrhoea, feverishness or symptoms of colds and influenza in adults and in children aged 12 years and over Equivalent to 400 mg ibuprofen (MD)
Equivalent to 1200 mg ibuprofen (MDD)
Loratadine 10 mg Tablets; for the symptomatic relief of perennial rhinitis, seasonal allergic rhinitis and idiopathic chronic urticaria in adults and in children aged 12 years and over 10 mg (MDD)
Amendment of Table B of Schedule 1 to the principal Order
3
In Table B of Schedule 1 —
a
there is deleted the entry “Potassium Chloride ” in column 1; and
b
against the entry Sodium Fluoride —
i
in column 2, the entry “0.33 per cent” is numbered “(1)” and, after that entry, there are inserted the entries “(2) 0.05 per cent”, and “(3) 0.2 per cent”; and
ii
in column 3, the entry “Dentifrice” is numbered “(1)” and, after that entry, there are inserted the entries “(2) Daily use mouth rinses for the prevention of dental caries”, and “(3) Mouth rinses for other than daily use for the prevention of dental caries”.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
28th November 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
28th November 2001


text:
Citation and commencement
1
This Order may be cited as the Ravensbourne Priority Health National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trust
2
The Ravensbourne Priority Health National Health Service Trust established by the Ravensbourne Priority Health National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd March 2001


text:
Citation, commencement and derogation
1
1
These Regulations may be cited as the Telecommunications (Licence Modifications) (Amendment) Regulations 2001 and shall come into force on 13th August 2001.
2
Regulations 2 and 3 below shall have effect notwithstanding the provisions of sections 12 to 15 of the Telecommunications Act 1984 (which provide for the modification of licences granted under section 7 of that Act).
Regulations amended
2
1
After condition 28.2 in Part II of Schedule 1 to the Telecommunications (Licence Modification) (Standard Schedules) Regulations 1999 (the “Standard Schedule Regulations”) there shall be added the following:
and
d
the Donor Operator shall make no specific charge based on Additional Conveyance Costs.
2
In any licence granted under section 7 of the Telecommunications Act 1984 which incorporates condition 28.2 set out in Part 2 of Schedule 1 to the Standard Schedules Regulations or includes a condition in substantially the same terms thereas, the same modifications shall be effected as in paragraph (1) of this regulation.
3
1
Condition 11.2 of all licences modified by the Telecommunications (Licence Modification) (Satellite Operator Licences) Regulations 2000 (the “Satellite Operator Regulations”) shall be modified as follows:
a
in sub-paragraph (c), after the word “which” there shall be inserted the words “, subject to sub-paragraph 11.2(d),”; and
b
after sub-paragraph (c) there shall be added the following:
; and
d
the Donor Operator shall make no specific charge based on Additional Conveyance Costs.
2
In any licence granted under section 7 of the Telecommunications Act 1984 which incorporates condition 11.2 set out in Part 2 of Schedule 3 to the Satellite Operator Regulations or includes a condition in substantially the same terms thereas, the same modifications shall be effected as in paragraph (1) of this regulation.
Douglas Alexander
Minister of State for E Commerce and Competitiveness,
Department of Trade and Industry
11th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastern Hull Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service 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 Hull 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 Hull 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 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 East Riding and Hull 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 East Riding and Hull 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 Hull and East Riding Community Health 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
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (Revocation) Regulations 2001 and shall come into force on 31st January 2001.
2
The following Regulations shall be revoked:
a
The Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (Penalties and Licences) Regulations 1999 .
b
The Federal Republic of Yugoslavia (Supply, Sale and Export of Petroleum and Petroleum Products) (Penalties and Licences) ( No. 3) Regulations 1999 .
Kim Howells,
Parliamentary Under Secretary of State, for Competition and Consumer Affairs,
Department of Trade and Industry
8th January 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Restriction on Pithing (England) Regulations 2001; they extend to England only and come into force —
a
in the case of all provisions other than regulation 3, on 1st April 2001; and
b
in the case of regulation 3, on 1st July 2001.
Restriction on pithing
2
1
No person shall pith any bovine, ovine or caprine animal prior to slaughtering it for sale for human or animal consumption.
2
For the purposes of this regulation —
a
to “pith” an animal is to lacerate, after stunning, its central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity; and
b
“sale” includes supply, otherwise than on sale, in the course of a business, whether carried on for profit or not.
3
Any person who contravenes paragraph (1) shall be guilty of an offence.
Disposal of illegally pithed animals
3
Where any bovine, ovine or caprine animal has been pithed in contravention of regulation 2(1), all parts of its carcase (except the hide) shall be deemed to be —
a
“specified risk material” as defined in article 2(1) of the Specified Risk Material Order 1997 ; and
b
“specified risk material” as defined in regulation 2(1) of the Specified Risk Material Regulations 1997 .
Amendment to the Welfare of Animals (Slaughter or Killing) Regulations 1995
4
In so far as they extend to England, the Welfare of Animals (Slaughter or Killing) Regulations 1995 are amended by the insertion of the following regulation immediately after regulation 3 (application and exemptions) —
Immobilisation after stunning
3A
1
Nothing in these Regulations shall be taken as permitting the immobilisation, on or after 1st April 2001, of any bovine, ovine or caprine animal prior to slaughtering it for sale for human or animal consumption.
2
In paragraph (1) above —
a
the “immobilisation” of an animal means the laceration, after stunning, of its central nervous tissue by means of an elongated rod-shaped instrument introduced into the cranial cavity; and
b
“sale” includes supply, otherwise than on sale, in the course of a business, whether carried on for profit or not.
.
Powers of inspectors
5
1
An inspector shall on producing if so required some duly authenticated document showing his authority have the right at all reasonable hours to enter any land or premises (other than domestic premises not being used in connection with these Regulations) for the purpose of ascertaining if there is or has been a breach of regulation 2(1).
2
In paragraph (1), “inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Food Standards Agency or as the case may be the Minister of Agriculture, Fisheries and Food or a local authority.
3
In paragraphs (2) and (5) and in regulation 8, “local authority” means —
a
as respects each local government area in respect of which there is a unitary authority established by an order under the Local Government Act 1992 , that authority, except in relation to any part of the local government area concerned which falls within the London Port Health District;
b
as respects each London borough, metropolitan district or non-metropolitan county, the council of that borough, district or county, except in relation to any part of the borough, district or county concerned which falls within the London Port Health District;
c
as respects the London Port Health District and the City of London, the Common Council of that City; and
d
as respects the Isles of Scilly, the Council of the Isles of Scilly.
4
In paragraph (3), the phrase “the London Port Health District” has the same meaning as in section 7(1) of the Public Health (Control of Disease) Act 1984 .
5
Any person appointed to be an inspector for the purposes of the Animal Health Act 1981 by —
a
a local authority; or
b
the Minister of Agriculture, Fisheries and Food,
shall be deemed to have been appointed to be an inspector for the purposes of these Regulations by that authority or as the case may be that Minister.
Obstruction
6
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations; or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading;
and any person who contravenes or fails to comply with this regulation shall be guilty of an offence.
2
Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any information if to do so might incriminate him.
Penalties
7
1
A person guilty of an offence consisting of a contravention of regulation 6(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
2
A person guilty of an offence consisting of a contravention of regulation 2(1) or regulation 6(1)(c) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both; or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Enforcement
8
These Regulations shall be enforced by the Food Standards Agency in relation to premises licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995 and by the Minister of Agriculture, Fisheries and Food or the local authority in relation to any other premises.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
12th February 2001
Signed by order of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
15th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Southern Derbyshire Community and Mental Health Services National Health Service Trust instead of the Southern Derbyshire Mental Health National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, between the words “Southern Derbyshire” and “Mental Health” there are inserted the words “Community and”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further amendments of NHS trust Establishment Order
3
1
In article 1 of the Order, in paragraph (2), after the definition of the Act, there shall be inserted —
“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 ;
2
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from the Community and Mental Health Services, Kingsway Hospital, Derby DE22 3LZ, and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
22nd March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Rother (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Rother;
“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 Rother (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 Rother
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the district of Rother
3
1
The ordinary elections of all councillors of the district of Rother shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Battle
4
1
The existing wards of the parish of Battle shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Marley, Netherfield, Telham and Watch Oak; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Marley parish ward shall be five, for each of the Netherfield and Telham parish wards shall be two, and for the Watch Oak parish ward shall be eight.
Revocation
5
The District of Rother (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 of Transport, Local Government and the Regions
20th December 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Birmingham) Order 2001 and shall come into force on 3rd September 2001.
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 City of Birmingham with the exception of the following roads:
a
the M6 motorway for the whole of its length in the City of Birmingham including its on and off slip roads;
b
the A38 (M) motorway, known as the Aston Expressway, from its junction with Mill Street to its junction with Gravelly Hill, including its on and off slip roads.
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 as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
8th August 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 4) Regulations 2001 and shall come into force on 10th April 2001.
2
These Regulations shall have effect in relation to award periods commencing on or after 10th April 2001.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“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 the definition of “training allowance” in regulation 2 of the Disability Working Allowance Regulations and regulation 2 of the Family Credit Regulations —
a
in paragraph (a) after the words “Secretary of State” insert “, the Learning and Skills Council for England, or the National Assembly for Wales”;
b
in paragraph (c) after the words “Secretary of State” insert “, the National Assembly for Wales”.
Membership of a family
5
In regulation 8(1) of the Disability Working Allowance Regulations and regulation 6(1) of the Family Credit Regulations for the words “section 2(1)(b) of the Child Benefit Act 1975” substitute “section 142(1)(c) of the Contributions and Benefits Act”.
Income to be disregarded
6
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
In paragraph 66 of Schedule 3 and paragraph 68 of Schedule 2 —
a
after the words “participating in” insert “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, the Scottish Enterprise or the Highlands and Islands Enterprise, or”;
b
for the words “under the scheme” substitute “under the course or scheme”;
c
for the words “in the scheme” substitute “in the course or scheme”.
Capital to be disregarded
7
Amend Schedule 4 to the Disability Working Allowance Regulations (“Schedule 4”) and Schedule 3 to the Family Credit Regulations (“Schedule 3”) in accordance with regulations 8 and 9.
8
Add as paragraph 65 of Schedule 4 and paragraph 66 of Schedule 3 the following paragraph —
1
Subject to sub-paragraph (2), the amount of any trust payment made to a claimant, or a member of a claimant’s family, who is —
a
a diagnosed person; or
b
the diagnosed person’s partner, or the person who was his partner at the date of his death; or
c
a parent of a diagnosed person or a person acting in the place of his parents; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of his family (other than his partner) at the date of his death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person ceases full-time education or attains the age of 19,
whichever is the later.
3
Subject to sub-paragraph (4), the amount of any payment out of the estate of a person to whom a trust payment has been made which is made to a claimant, or a member of a claimant’s family, who is —
a
the person who was the diagnosed person’s partner at the date of his death; or
b
a parent of a diagnosed person or a person acting in the place of his parents; or
c
a person who was a member of the diagnosed person’s family (other than his partner) at the date of his death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to the person to whom the trust payment had been made.
4
Where a payment out of an estate as referred to in sub-paragraph (3) is made to —
a
the person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person ceases full-time education or attains the age of 19,
whichever is the later.
5
In this paragraph, a reference to a person being a member of the diagnosed person’s family at the date of the diagnosed person’s death shall include a person who would have been a member of his family but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who after his death has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“full-time education” means either —
full-time attendance on a course of full-time education at a recognised educational establishment as defined in section 147(1) of the Contributions and Benefits Act, or
full-time education provided otherwise than at a recognised educational establishment, if such education is recognised by the Secretary of State pursuant to section 142(2) of that Act and is not a course of advanced education for the purposes of Chapter VII of Part IV of these Regulations;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“residential accommodation”, “residential care home” and “nursing home” have the meanings given by regulation 2(1) of the Income Support (General) Regulations 1987 ;
“trust payment” means a payment under a relevant trust.
.
9
Add as paragraph 66 of Schedule 4 and paragraph 67 of Schedule 3 the following paragraph —
Any ex-gratia payment made by the Secretary of State for Northern Ireland directly to the family of a victim of violence within the meaning given by section 1(4) of the Northern Ireland (Location of Victims' Remains) Act 1999 .
.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Luton Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Luton 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 Luton 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 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 Bedfordshire 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 Bedfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Bedford and Luton Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 2001 and shall come into force on 2nd April 2001.
2
These Regulations extend to England only.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
In regulation 2(1) (interpretation) —
a
after the definition of “attendance allowance”, insert —
“benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;
;
b
after the definition of “employed earner”, insert —
“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “employment zone programme” means a programme established for such an area designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment;
“employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Education and Employment;
;
c
after the definition of “self-employed earner”, insert —
“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 ; or
assistance in pursuing self-employed earner’s employment whilst participating in an employment zone programme;
;
d
after the definition of “statutory sick pay”, insert —
“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;
.
Regulation 8
4
In paragraph (2) of regulation 8 (circumstances in which a person is to be treated as responsible or not responsible for another), in sub-paragraph (a), after “in respect of him” insert “, or, if no-one is in that position, with whom he has been placed under section 23(2) of the Children Act 1989 ”.
Regulation 10
5
In paragraph (1) of regulation 10 (the applicable amount) , in sub-paragraph (b), for “£50” substitute “£51.60” and for “£65” substitute “£67.08”.
Regulation 18
6
In regulation 18 (determination of income on a weekly basis) —
a
in paragraph (1), after “(treatment of child care charges)”, insert “from the aggregated weekly income or, in a case where the conditions in paragraph (1ZA) are met, from the aggregated weekly income plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate”; and
b
after paragraph (1), insert —
1ZA
The conditions of this paragraph are that —
a
the relevant person’s average weekly earning as mentioned in sub-paragraph (a) or (b) of paragraph (1) are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (1A) otherwise applies in his case; and
b
that relevant person or, if he is a member of a couple either the relevant person or his partner, is in receipt of either working families' tax credit or disabled person’s tax credit.
.
Regulation 19
7
In paragraph (7) of regulation 19 (treatment of child care charges) —
a
at the end of sub-paragraph (c), omit the word “or”;
b
after sub-paragraph (d), add —
; or
by a child care provider approved by an organisation accredited by the Secretary of State under the scheme established by the Tax Credit (New Category of Child Care Provider) Regulations 1999 .
.
Regulation 31
8
In paragraph (10A) of regulation 31 (notional income) —
a
in sub-paragraph (a), after the word “if” insert the words “the local authority is satisfied that”;
b
at the end of sub-paragraph (b)(i), omit the word “or”; and
c
after sub-paragraph (b)(ii) add —
; or
the relevant person’s or the relevant person’s partner’s participation in an employment or training programme as defined in regulation 19(3) of the Jobseeker’s Allowance Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.
.
Regulation 32
9
In regulation 32 (modification in respect of children and young persons) —
a
in paragraph (1), for the words “disabled child premium, if any,” substitute “any disabled child premium and any enhanced disability premium”;
b
in paragraphs (2) and (5), in each case, for “£5,000”, substitute “£6,000”.
Regulation 35
10
In regulation 35 (income treated as capital) —
a
in paragraph (7), for the words “an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations” substitute “the self-employment route”, and for the words “those Regulations” substitute “the Jobseeker’s Allowance Regulations”;
b
after paragraph (7) add —
8
Any arrears of subsistence allowance which are paid to a relevant person as a lump sum shall be treated as capital.
.
Regulation 40
11
In paragraph (1) of regulation 40 (determination of tariff income from capital), for “£5,000” in both cases substitute “£6,000”.
Regulation 41
12
In regulation 41 (interpretation of Part II) —
a
before the definition of “college of further education”, and
“access funds” means —
grants made under section 7 of the Further and Higher Education Act 1992 and described as “learner support funds” or grants made under section 68 of that Act and described as “access bursary funds” or “hardship funds”;
grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 ;
grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 , or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 in each case being grants, or grants, loans or other payments as the case may be, made for the purpose of assisting students in financial difficulties;
;
b
in the definition of “course of study”, omit the words from “and for the purposes of” to the end;
c
for the definition of “grant” substitute —
“grant” (except in the definition of “access funds”) means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds;
;
d
after the definition of “last day of the course”, insert —
“qualifying course” has the meaning given in regulation 17A(7) of the Jobseeker’s Allowance Regulations;
;
e
for the definition of “sandwich course” substitute —
“sandwich course” has the meaning prescribed in regulation 5(2) of the Education (Student Support) Regulations 2000 , regulation 5(2) of the Education (Student Loans) (Scotland) Regulations 2000 , or regulation 5(2) of the Education (Student Support) Regulations (Northern Ireland) 2000 as the case may be;
;
f
for the definition of “student” substitute —
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking —
a course of study at an educational establishment; or
a qualifying course;
.
Regulation 43
13
In regulation 43 (determination of grant income) —
a
in paragraph (3) —
i
in sub-paragraph (a), for “£250” substitute “£255”, and
ii
in sub-paragraph (b), for “£303” substitute “£311”;
b
after paragraph (3), add —
4
Subject to paragraphs (5) and (6), a student’s grant income shall be apportioned —
a
subject to paragraph (7) in a case where it is attributable to the period of study, equally between the weeks in that period,
b
in any other case, equally between the weeks in the period in respect of which it is payable.
5
Any amount intended for the maintenance of dependants under Part III of Schedule 2 to the Education (Mandatory Awards) Regulations 1999 shall be apportioned equally over the period of 52 weeks of the year as defined for the purposes of those regulations or, if there are 53 benefit weeks (including part-weeks) in the year, 53.
6
Any amount intended for the maintenance of dependants to which neither paragraph (5) nor regulation 45(2) (other amounts to be disregarded) apply, shall be apportioned over the same period as the student’s loan is apportioned or would have been apportioned had he had one.
7
In the case of a student on a sandwich course, any periods of experience with the period of study within that period shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.
Regulation 45
14
Regulation 45 (other amounts to be disregarded) shall be renumbered 45(1), and the following paragraph shall be added —
2
Where a grant for school meals for dependent children or a grant for meals for dependent children aged 3 or 4 is paid pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 that payment shall be disregarded as income.
.
Regulation 46
15
Regulation 46 (treatment of student loans) shall be amended as follows —
a
for paragraph (1), substitute —
1
A student loan shall be treated as income unless it is a hardship loan, in which case it shall be disregarded.
1A
For the purposes of paragraph (1) “hardship loan” means a loan made under regulation 21 of the Education (Student Support) Regulations 2000, regulation 12 of the Education (Student Loans) (Scotland) Regulations 2000 or regulation 21 of the Education (Student Support) Regulations (Northern Ireland) 2000.
;
b
for paragraph (2), substitute —
2
In calculating the weekly amount of the loan to be taken into account as income —
a
a loan which is payable in respect of a course that is of a single academic year’s duration or less shall be apportioned equally between the weeks in the period beginning with —
i
the start of the single academic year; or
ii
where the course is of less than an academic year’s duration, the first day of the course,
and ending with the last day of the course;
b
a loan which is payable in respect of the final academic year of a course (not being a course of a single year’s duration) shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week before the last day of the course;
c
in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of —
i
the first day of the first benefit week in September; or
ii
the first day of the first benefit week following the beginning of the autumn term,
and ending with the last day of the last benefit week in June,
and in all cases, from the weekly amount so apportioned there shall be disregarded £10.
.
c
in paragraph (5) —
i
in sub-paragraph (a), for “£250” substitute “£255”, and
ii
in sub-paragraph (b), for “£303” substitute “£311”.
Regulation 46A
16
After regulation 46 (treatment of student loans), insert —
Treatment of payments from access funds
46A
1
This regulation applies to payments from access funds that are not payments to which regulation 46B(2) and (3) apply.
2
A payment from access funds, other than a payment to which paragraph (3) of this regulation applies, shall be disregarded as income.
3
Subject to paragraph (4) of this regulation and paragraph 31 of Schedule 3, any payments from access funds which are intended and used for food, household fuel or rent or ordinary clothing or footwear (“rent” and “ordinary clothing or footwear” have the same meaning as in paragraph 12(2) of Schedule 3), of a single relevant person or any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that relevant person or member is liable, shall be disregarded as income to the extent of £20 per week.
4
Where a payment from access funds is made —
a
on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of the academic year beginning on 1st September and that payment is intended for the purpose of bridging the period until receipt of the student loan; or
b
before the first day of the course to a person in anticipation of that person becoming a student,
that payment shall be disregarded as income.
Income treated as capital
46B
1
Any amount by way of a refund of tax deducted from a student’s covenant income shall be treated as capital.
2
An amount paid from access funds as a single lump sum shall be treated as capital.
3
An amount paid from access funds as a single lump sum which is intended and used for an item other than food, household fuel or rent or ordinary clothing or footwear (“rent” and “ordinary clothing or footwear” have the same meaning as in paragraph 12(2) of Schedule 3), of a single relevant person or, as the case may be, of the relevant person or any other member of his family, or which is used for any council tax or water charges for which that relevant person or member is liable, shall be disregarded as capital but only for a period of 52 weeks from the date of payment.
.
Schedule 1
17
1
In paragraph 1 of Part I of Schedule 1 (applicable amounts: personal allowances) , in the column headed “(2) Amount” —
a
in sub-paragraph (1)(a), for “£41.35” substitute “£42.00”;
b
in sub-paragraph (1)(b), for “£52.20” substitute “£53.05”;
c
in sub-paragraph (2)(a), for “£41.35” substitute “£42.00”;
d
in sub-paragraph (2)(b), for “£52.20” substitute “£53.05”;
e
in sub-paragraph (3)(a), for “£62.35” substitute “£63.35”; and
f
in sub-paragraph (3)(b), for “£81.95” substitute “£83.25”;
2
In paragraph 2 of Part I of Schedule 1, in the column headed “(2) Amount” —
a
in sub-paragraph (a), for “£26.60” substitute “£31.45”; and
b
in sub-paragraph (b), for “£31.75” substitute “£32.25”.
3
In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium, for “£14.25” substitute “£14.50”.
4
For paragraph 6 of Part III of Schedule 1 (applicable amounts: premiums) substitute the following paragraph —
6
1
Subject to sub-paragraph (2), the following premiums, namely —
a
a severe disability premium to which paragraph 13 applies;
b
an enhanced disability premium to which paragraph 13A applies;
c
a disabled child premium to which paragraph 14 applies; and
d
a carer premium to which paragraph 15 applies,
may be applicable in addition to any other premium which may apply under this Schedule.
2
An enhanced disability premium in respect of a person shall not be applicable in addition to —
a
a pensioner premium to which paragraph 8 or 9 applies; or
b
a higher pensioner premium to which paragraph 10 applies.
.
5
After paragraph 13 of Part III of Schedule 1 insert the following paragraph —
Enhanced disability premium
13A
1
Subject to sub-paragraph (2), the condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the 1992 Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the 1992 Act in respect of —
a
the relevant person; or
b
a member of the relevant person’s family, who is aged less than 60.
2
An enhanced disability premium shall not be applicable in respect of a child or young person whose capital, if calculated in accordance with Chapter IX of Part II of these Regulations in like manner as for the relevant person, except as provided in regulation 32(5), would exceed £6,000.
.
6
In paragraph 18 of Part IV of Schedule 1 (applicable amounts: amounts of premiums specified in Part III), in the column headed “(2) Amount” —
a
in sub-paragraph (1)(a), for “£26.25” substitute “£39.10”;
b
in sub-paragraph (1)(b), for “£40.00” substitute “£57.30”;
c
in sub-paragraph (2)(a), for “£28.65” substitute “£39.10”;
d
in sub-paragraph (2)(b), for “£43.40” substitute “£57.30”;
e
in sub-paragraph (3)(a), for “£33.85” substitute “£39.10”;
f
in sub-paragraph (3)(b), for “£49.10” substitute “£57.30”;
g
in sub-paragraph (4)(a), for “£22.25” substitute “£22.60”;
h
in sub-paragraph (4)(b), for “£31.75” substitute “£32.25”;
i
in sub-paragraph (5)(a), for “£40.20” substitute “£41.55”;
j
in sub-paragraph (5)(b)(i), for “£40.20” substitute “£41.55”;
k
in sub-paragraph (5)(b)(ii), for “£80.40” substitute “£83.10”;
l
in sub-paragraph (6), for “£22.25” substitute “£30.00”; and
m
in sub-paragraph (7), for “£14.15” substitute “£24.40”;
7
after paragraph 18(7), add the following sub-paragraph —
Premium Amount
8
Enhanced disability premium.
8
a
£11.05 in respect of each child or young person in respect of whom the conditions specified in paragraph 13A are satisfied;
b
£11.05 in respect of each person who is neither —
i
a child or young person; nor
ii
a member of a couple in respect of whom the conditions specified in paragraph 13A are satisfied;
c
£16.00 where the relevant person is a member of a couple and the conditions specified in paragraph 13A are satisfied in respect of a member of that couple.
.
Schedule 3
18
In Schedule 3 (sums to be disregarded in the determination of income other than earnings) —
a
in paragraph 63(1) , for the words “an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations” substitute “the self-employment route”;
b
at the end, add —
68
Where the amount of a subsistence allowance paid to a person in a benefit week exceeds the amount of income-based jobseeker’s allowance that person would have received in that benefit week had it been payable to him, less 50p, that excess amount.
69
In the case of a relevant person participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the relevant person, being a fee, grant, loan or otherwise.
Schedule 4
19
In Schedule 4 (capital to be disregarded) —
a
in paragraphs 8(3) and 54 , in each case, for the words “an employment programme specified in regulation 75(1)(a)(ii)(aa)(ii) of the Jobseeker’s Allowance Regulations” substitute “the self-employment route”;
b
at the end, add —
59
In the case of a relevant person participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the relevant person, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.
60
Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.
61
Any payment made to a person under regulation 11 of the Social Security (Payments to Reduce Under-occupation) Regulations 2000 , but only for a period of 52 weeks from the date of payment.
62
Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of —
a
the relevant person;
b
the relevant person’s partner;
c
the relevant person’s deceased spouse; or
d
the relevant person’s partner’s deceased spouse;
by the Japanese during the Second World War, £10,000
.
Application
20
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
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
2nd March 2001
We consent to the making of these Regulations
Greg Pope
Jim Dowd
Two of the Lords Commissionersof Her Majesty’s Treasury
5th March 2001


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2001 and shall come into force on 1st January 2002.
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 .
Application
3
This Order applies to the rail vehicles which are numbered —
a
50401 to 50424 and 79401 to 79424 (“the first exempted vehicles”); and
b
56401 to 56424 (“the second exempted vehicles”);
and which together form the diesel multiple-units numbered 170401 to 170424 of the class known as “class 170/4” as manufactured by ABB Daimler Benz Transportation ( UK ) Limited for use by ScotRail Railways Limited.
Exemption
4
1
Subject to articles 5, 6 and 7 below, the first exempted vehicles and the second 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 paragraphs (2) and (3) below.
2
The first exempted vehicles and the second exempted vehicles are not required to conform with the provisions of regulation 5(1)(a), in so far as it relates to control devices which control doors in the side of one of those vehicles.
3
The first exempted vehicles and the second exempted vehicles are not required to conform with the provisions of regulation 5(3)(a) and (4), in so far as it relates to control devices which control doors which are not in the side of one of those vehicles.
5
The exemption given by article 4(3) above in respect of regulation 5(3)(a) and (4) shall apply only while instructions for the operation of any door which is operated by a control device to which the exemption relates are displayed on a sign —
a
which is placed on or near that door and on the same side of that door as any such control device; and
b
on which the letters, numbers or diagrams contrast with their background and are identifiable by touch.
6
1
The exemption given by article 4(2) above in respect of regulation 5(1)(a) shall cease —
a
at the end of 31st December 2011; or
b
in respect of any vehicle in which all the door control devices for the doors in the sides of that vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
2
The exemption given by article 4(3) above in respect of regulation 5(3)(a) and (4) shall cease —
a
at the end of 31st December 2003 in relation to control devices fitted to doors between the vestibule adjoining a doorway in the side of a vehicle and a passenger saloon in the first exempted vehicles; and
b
at the end of 31st December 2011 in relation to control devices fitted to doors in the ends of the first exempted vehicles and the second exempted vehicles.
7
The authorisation shall cease forthwith in respect of any vehicle which is operated by a person other than ScotRail Railways Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Revocation
8
The Rail Vehicle Accessibility (ScotRail Class 170/4 Vehicles) Exemption Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
10th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St. Albans and Harpenden Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 St. Albans and Harpenden 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 St. Albans and Harpenden 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 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 West Hertfordshire 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 West Hertfordshire 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 West Hertfordshire Community Health 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Oxfordshire (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of South Oxfordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
and
any reference to “the map” is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of South Oxfordshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of South Oxfordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-nine 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, parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of 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 South Oxfordshire
3
1
The ordinary elections of all councillors of the district of South Oxfordshire shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day which their predecessors retire.
Wards of the parish of Didcot
4
1
The existing wards of the parish of Didcot shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of East Hagbourne
5
The parish of East Hagbourne shall be divided into two 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.
Wards of the parish of Thame
6
1
The existing wards of the parish of Thame shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names North and South and each parish ward shall comprise the area of the district wards bearing the names Thame North and Thame South respectively.
3
The number of councillors to be elected for each of the parish wards shall be eight.
Wards of the parish of Wallingford
7
1
The parish of Wallingford shall be divided into two parish wards which shall bear the names North and South, the North parish ward shall comprise the area of the district ward bearing the name Wallingford North; and the South parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the North parish ward shall be thirteen and for the South parish ward shall be three.
Revocation
8
The District of South Oxfordshire (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
20th December 2001


text:
1
1
These Regulations may be cited as The Dual-Use Items (Export Control) (Amendment) Regulations 2001 and shall come into force on 26th April 2001.
2
In these Regulations the “principal Regulations” are the Dual-Use Items (Export Control) Regulations 2000 .
2
In regulation 2 of the principal Regulations under the definition of “the Regulation” after the words “22nd June 2000” insert the following:
“as amended by Council Regulation ( EC ) No. 2889/2000 of 22 December 2000 and Council Regulation (EC) No. 458/2001 of 6 March 2001 ”.
3
1
The following amendments shall be made in Schedule 2 of the principal Regulations:
2
For entry 8A990 substitute the following:
8A990 The export of “items” specified in this entry is prohibited to any destination in Iran or Iraq.
Vessels and inflatable craft and related equipment and components, as follows, other than those specified in Annex I:
Marine vessels (surface or underwater) and inflatable craft;
Equipment and components designed for vessels or inflatable craft specified in 8A990a. as follows:
Hull and keel structures and components;
Propulsive engines designed or modified for marine use and specially designed components therefor;
Marine radar, sonar and speed log equipment, and specially designed components therefor.
.
3
For entry 9A990 substitute the following:
9A990 The export of “items” specified in this entry is prohibited to any destination in Iran or Iraq.
Aircraft and related equipment and components, as follows, other than those specified in Annex I:
Aircraft having a maximum all-up weight of 390kg or more;
Equipment and components designed for aircraft specified in 9A990a. as follows:
Airframe structures and components;
Aeroengines and specially designed components therefor;
Avionics and navigation equipment and specially designed components therefor; and
Landing gear and specially designed components therefor, and aircraft tyres.
.
4
1
The following amendments shall be made in Schedule 3 Part 1 of the principal Regulations:
a
At the end of (3) the word “and” shall be deleted; and
b
At the end of (4) the following shall be inserted:
;
5
Subject to (7) any cryptography development software in entry 5D002 of Annex 1, other than software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;
6
Subject to (7) any cryptography development technology in entry 5E002, other than technology for the development, production or use of:
a
equipment designed or modified to perform cryptanalytic functions, or
b
software having the characteristics, or performing or simulating the functions, of equipment designed or modified to perform cryptanalytic functions;
7
The provisions in sub-paragraphs (5) and (6) are limited to cases in which the item is for use by the exporter, or by any subsidiary or parent undertaking of the exporter, or by a business or academic collaborator of the exporter, in his or their own commercial cryptographic product development activities but only insofar as they are activities pursuant to the agreement establishing the collaboration; and
8
In paragraph (7) “business or academic collaborator” and “parent undertaking” and “subsidiary undertaking” shall have the following meanings:
a
“business or academic collaborator” means a person who is either working by way of business in research and development of cryptography or cryptographic products or is teaching, or undertaking research as a member of or at a university or institution of higher education into, cryptography or cryptographic products and with whom an exporter has previously entered into an agreement for the carrying out of work comprising or related to research into or development of cryptography or cryptograpic products;
b
“parent undertaking” and “subsidiary undertaking” have the meanings assigned by sections 258 and 259 of the Companies Act 1985 (as substituted by sections 21 and 22 of the Companies Act 1989).
.
Kim Howells
Parliamentary Under Secretary of State for Competition and Consumer Affairs
Department of Trade and Industry
2nd April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bristol North Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
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 Bristol North 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 1st December 2001 a Primary Care Trust to be called the Bristol North 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 Avon 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 Avon Health Authority shall make premises and other facilities of the Authority available to the trust during the preparatory period.
4
The North Bristol National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The United Bristol 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
1
These Regulations may be cited as the Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) (Amendment) Regulations 2001 and shall come into force on 12th December 2001.
2
Schedule 1 to the Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) Regulations 1993 , which specifies scheduled substances for the purposes of regulation 2 of those Regulations, shall be amended by the insertion in Category 1 of that Schedule before the words “1-phenyl-2-propanone” of the word “Norephedrine”.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
14th November 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
Interpretation
2
In this Order —
“the Act” means the Financial Services and Markets Act 2000;
“charity” —
in relation to Scotland, means a recognised body within the meaning of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 ; and
otherwise, has the meaning given by section 96(1) of the Charities Act 1993 or by section 35 of the Charities Act (Northern Ireland) 1964 ;
“deposit” has the meaning given by the Regulated Activities Order ;
“industrial and provident society” has the meaning given by section 417(1) of the Act but does not include a credit union within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985 ;
“local authority” means —
in England and Wales, a local authority within the meaning of the Local Government Act 1972 , the Greater London Authority, the Common Council of the City of London or the Council of the Isles of Scilly;
in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1973 ; and
in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Persons exempt in respect of any regulated activity other than insurance business
3
Each of the persons listed in Part I of the Schedule is exempt from the general prohibition in respect of any regulated activity other than an activity of the kind specified by article 10 of the Regulated Activities Order (effecting and carrying out contracts of insurance).
Persons exempt in respect of accepting deposits
4
Subject to the limitations, if any, expressed in relation to him, each of the persons listed in Part II of the Schedule is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 5 of the Regulated Activities Order (accepting deposits).
Persons exempt in respect of particular regulated activities
5
1
Subject to the limitation, if any, expressed in relation to him, each of the persons listed in Part III of the Schedule is exempt from the general prohibition in respect of any regulated activity of the kind specified by any of the following provisions of the Regulated Activities Order, or article 64 of that Order (agreeing to carry on specified kinds of activity) so far as relevant to any such activity —
a
article 14 (dealing in investments as principal);
b
article 21 (dealing in investments as agent);
c
article 25 (arranging deals in investments);
d
article 37 (managing investments);
e
article 40 (safeguarding and administering investments);
f
article 45 (sending dematerialised instructions);
g
article 51 (establishing etc. a collective investment scheme);
h
article 52 (establishing etc. a stakeholder pension scheme);
i
article 53 (advising on investments).
2
Subject to the limitation, if any, expressed in relation to him, each of the persons listed in Part IV of the Schedule is exempt from the general prohibition in respect of any regulated activity of the kind referred to in relation to him, or an activity of the kind specified by article 64 of the Regulated Activities Order so far as relevant to any such activity.
Transitional exemption for credit unions
6
A credit union, within the meaning of the Credit Unions Act 1979 or the Credit Unions (Northern Ireland) Order 1985, is exempt from the general prohibition in respect of any regulated activity of the kind specified by article 5 of the Regulated Activities Order, but only until 1st July 2002.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 6) Order 2001.
2
Section 66 of, and Schedule 5 to, the Criminal Justice and Court Services Act 2000 (Amendments of the Sex Offenders Act 1997 ) shall come into force —
a
for the purpose of exercising any power conferred on the Secretary of State to make regulations or an order, on 2nd May 2001, and
b
for all other purposes, on 1st June 2001.
3
This Order extends to England and Wales and Northern Ireland only.
Charles Clarke
Minister of State
Home Office
1st May 2001


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Perpetuities and Contracting-out) Amendment Regulations 2001 and shall come into force on 6th April 2001.
Amendment of the Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990
2
In regulation 3 of the Personal and Occupational Pension Schemes (Perpetuities) Regulations 1990 (occupational pension schemes prescribed for purposes of exemption from rule against perpetuities) —
a
in paragraph (3) after the word “fund” there shall be inserted the words “to which section 615(3) of the Taxes Act (fund established in connection with foreign trade or undertaking) applies, or”;
b
in paragraph (5) for the words from “Taxes Act” (where those words first occur) to “Taxes Act” (where they next occur) there shall be substituted the words “Taxes Act or a personal pension scheme (within the meaning of that Part) so approved for the purposes of Chapter IV of that Part; and where an application has been made for approval (in either such case)”; and
c
in paragraph (6) —
i
after the word “under” there shall be inserted the words “section 192(3) or”, and
ii
after the words “purposes of” there shall be inserted the words “Chapter IV or, as the case may be,”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
3
In regulation 40 of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (schemes which may not be contracted-out under section 9(3) of the Pension Schemes Act 1993) for the words from “a scheme” to “Taxes Act” there shall be substituted the words “an occupational pension scheme which is not an exempt approved scheme within the meaning of section 592(1) of the Taxes Act or which is not an approved personal pension scheme under Chapter IV of Part XIV of that Act ”.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
4
In regulation 2 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (forms of schemes which may be appropriate schemes) —
a
for paragraph (1) there shall be substituted the following paragraph:-
1
A personal pension scheme can be an appropriate scheme only if —
a
it is approved by the Inland Revenue —
i
under Chapter IV of Part XIV of the Income and Corporation Taxes Act 1988, or
ii
under Chapter I of that Part by reference to section 591(2)(h) of that Act; and
b
it is a scheme —
i
which is a stakeholder pension scheme under Part I of the Welfare Reform and Pensions Act 1999 , but which is not a self-invested personal pension scheme, or
ii
which takes one of the forms (but not more than one) specified in paragraph (2).
; and
b
after paragraph (3) there shall be inserted the following paragraph:-
4
In this regulation, “self-invested personal pension scheme” has the meaning given by regulation 3 of the Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001 .
.
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 interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Communications by Auditors) Regulations 2001 and come into force on the day on which section 19 of the Act (the general prohibition) comes into force.
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“the person concerned” means —
in relation to an auditor of an authorised person, that authorised person;
in relation to an auditor of a person who has close links (within the meaning of section 343 of the Act) with an authorised person, that authorised person;
“relevant requirement” means —
a requirement which is imposed by or under any provision of the Act other than Part VI (listing) and which relates to authorisation under the Act (whether by way of permission under Part IV of the Act or otherwise) or to the carrying on of any regulated activity; or
a requirement which is imposed by or under any other Act and whose contravention constitutes an offence which the Authority has power to prosecute under the Act .
Circumstances in which an auditor is to communicate
2
1
An auditor to whom section 342 or 343 of the Act applies must communicate to the Authority information on, or his opinion on, matters mentioned in section 342(3)(a) or 343(3)(a) of the Act (matters of which he has, or had, become aware in his capacity as auditor of an authorised person or as auditor of a person who has close links with an authorised person) in the following circumstances.
2
The circumstances are that —
a
the auditor reasonably believes that, as regards the person concerned —
i
there is or has been, or may be or may have been, a contravention of any relevant requirement that applies to the person concerned; and
ii
that contravention may be of material significance to the Authority in determining whether to exercise, in relation to the person concerned, any functions conferred on the Authority by or under any provision of the Act other than Part VI;
b
the auditor reasonably believes that the information on, or his opinion on, those matters may be of material significance to the Authority in determining whether the person concerned satisfies and will continue to satisfy the threshold conditions;
c
the auditor reasonably believes that the person concerned is not, may not be or may cease to be a going concern;
d
the auditor is precluded from stating in his report that the annual accounts or, where they are required to be made by any of the following provisions, other financial reports of the person concerned —
i
have been properly prepared in accordance with the Companies Act 1985 or, where applicable, give a true and fair view of the matters referred to in section 235(2) of that Act;
ii
have been prepared so as to conform with the requirements of Part VIII of the Building Societies Act 1986 and the regulations made under it or, where applicable, give a true and fair view of the matters referred to in subsection (4) or (7) of section 78 of that Act ;
iii
have been prepared so as to conform with the Friendly Societies Act 1992 and the regulations made under it or, where applicable, give a true and fair view of the matters referred to in section 73(5) of that Act;
iv
have been prepared so as to conform with the requirements of the Friendly and Industrial and Provident Societies Act 1968 or, where applicable, give a true and fair view of the matters referred to in section 9(2) and (3) of that Act; or
v
have been prepared so as to conform with the requirements of rules made under the Act where the auditor is, by rules made under section 340 of the Act, required to make such a statement;
as the case may be; or
e
where applicable, the auditor is required to state in his report in relation to the person concerned any of the facts referred to in subsection (2), (3) or (4A) of section 237 of the Companies Act 1985 .
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2001