text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Children (Leaving Care) (England) Regulations 2001 and shall come into force on 1st October 2001.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Children Act 1989;
“placement” means the provision of accommodation and maintenance by a local authority for a child they are looking after by any of the means specified in section 23(2)(a) to (d) or (f) of the Act;
“responsible authority” —
in relation to an eligible child , means the local authority looking after him; and
in relation to a relevant child or a former relevant child , has the meaning given to it by section 23A(4) of the Act.
2
In these Regulations, a reference —
a
to a numbered regulation or Schedule is to the regulation in, or Schedule to, these Regulations bearing that number;
b
in a regulation or Schedule to a numbered paragraph, is to the paragraph in that regulation or Schedule bearing that number.
Eligible children
3
1
For the purposes of paragraph 19B(2)(b) of Schedule 2 to the Act, the prescribed period is 13 weeks and the prescribed age is 14.
2
A child falling within paragraph (3) is not an eligible child despite falling within paragraph 19B(2) of Schedule 2 to the Act.
3
A child falls within this paragraph if he has been looked after by a local authority in circumstances where —
a
the local authority has arranged to place him in a pre-planned series of short-term placements, none of which individually exceeds four weeks (even though they may amount in all to the prescribed period); and
b
at the end of each such placement the child returns to the care of his parent, or a person who is not a parent but who has parental responsibility for him.
Relevant children
4
1
For the purposes of section 23A(3), children falling within paragraph (2) are an additional category of relevant children.
2
Subject to paragraph (3) a child falls within this paragraph if —
a
he is aged 16 or 17;
b
he is not subject to a care order ; and
c
at the time when he attained the age of 16 he was detained or in hospital and immediately before he was detained or admitted to hospital he had been looked after by a local authority for a period or periods amounting in all to at least 13 weeks, which began after he reached the age of 14.
3
In calculating the period of 13 weeks referred to in paragraph (2)(c), no account is to be taken of any period in which the child was looked after by a local authority in any of a pre-planned series of short-term placements, none of which individually exceeded four weeks, where at the end of each such placement the child returned to the care of his parent, or a person who is not a parent but who has parental responsibility for him.
4
For the purposes of this regulation —
a
“detained” means detained in a remand centre, a young offenders institution or a secure training centre , or any other institution pursuant to an order of a court; and
b
“hospital” means —
i
any health service hospital within the meaning of the National Health Service Act 1977 ; or
ii
any mental nursing home being a home in respect of which the particulars of registration are for the time being entered in the separate part of the register kept for the purposes of section 23(5)(b) of the Registered Homes Act 1984 .
5
Subject to paragraph (7), any child who has lived with a person falling within section 23(4) of the Act (“a family placement”) for a continuous period of six months or more is not to be a relevant child despite falling within section 23A(2) of the Act.
6
Paragraph (5) applies whether the period of six months commences before or after a child ceases to be looked after by a local authority.
7
Where a family placement within the meaning of paragraph (5) breaks down and the child ceases to live with the person concerned, the child is to be treated as a relevant child.
Assessments and pathway plans — general
5
1
The responsible authority must prepare a written statement describing the manner in which the needs of each eligible and relevant child will be assessed.
2
The written statement must include, in relation to each child whose needs are to be assessed, information about, in particular —
a
the person responsible for the conduct and co-ordination of the assessment;
b
the timetable for the assessment;
c
who is to be consulted for the purposes of the assessment;
d
the arrangements for recording the outcome of the assessment;
e
the procedure for making representations in the event of a disagreement.
3
The responsible authority must make a copy of the statement available to the child and the persons specified in regulation 7(5).
4
Nothing in these Regulations shall prevent the carrying out of any assessment or review under these Regulations at the same time as any assessment, review or consideration under any other enactment.
Involvement of the child or young person
6
1
The responsible authority in carrying out an assessment and in preparing or reviewing a pathway plan shall, unless it is not reasonably practicable —
a
seek and have regard to the views of the child or young person to whom it relates; and
b
take all reasonable steps to enable him to attend and participate in any meetings at which his case is to be considered.
2
The responsible authority shall without delay provide the child or young person with copies of —
a
the results of his assessment,
b
his pathway plan, and
c
each review of his pathway plan,
and shall ensure that the contents of each document are explained to him in accordance with his level of understanding unless it is not reasonably practicable to do so.
Assessment of needs
7
1
The responsible authority shall assess the needs of each eligible child, and each relevant child who does not already have a pathway plan, in accordance with these Regulations.
2
The assessment is to be completed —
a
in the case of an eligible child, not more than three months after the date on which he reaches the age of 16 or becomes an eligible child after that age; and
b
in the case of a relevant child who does not already have a pathway plan, not more than three months after the date on which he becomes a relevant child.
3
Each responsible authority shall ensure that a written record is kept of —
a
the information obtained in the course of an assessment;
b
the deliberations at any meeting held in connection with any aspect of an assessment; and
c
the results of the assessment.
4
In carrying out an assessment the responsible authority shall take account of the following considerations —
a
the child’s health and development ;
b
the child’s need for education, training or employment;
c
the support available to the child from members of his family and other persons;
d
the child’s financial needs;
e
the extent to which the child possesses the practical and other skills necessary for independent living; and
f
the child’s needs for care, support and accommodation.
5
The responsible authority shall, unless it is not reasonably practicable to do so, seek and take into account the views of —
a
the child’s parents;
b
any person who is not a parent but has parental responsibility for the child;
c
any person who on a day to day basis cares for, or provides accommodation for the child;
d
any school or college attended by the child, or the local education authority for the area in which he lives;
e
any independent visitor appointed for the child ;
f
any person providing health care or treatment to the child;
g
the personal adviser appointed for the child; and
h
any other person whose views the responsible authority, or the child consider may be relevant.
Pathway plans
8
1
A pathway plan prepared under paragraph 19B of Schedule 2 to, or section 23B of, the Act, must be prepared as soon as possible after the assessment and must include, in particular, the matters referred to in the Schedule.
2
The pathway plan must, in relation to each of the matters referred to in the Schedule, set out —
a
the manner in which the responsible authority proposes to meet the needs of the child; and
b
the date by which, and by whom, any action required to implement any aspect of the plan will be carried out.
3
The pathway plan must be recorded in writing.
Review of pathway plans
9
1
The responsible authority shall review the pathway plan of each eligible, relevant and former relevant child in accordance with this regulation.
2
The responsible authority shall arrange a review —
a
if requested to do so by the child or young person;
b
if it, or the personal adviser considers a review necessary; and
c
in any other case, at intervals of not more than six months.
3
In carrying out a review, the responsible authority shall, to the extent it considers it appropriate to do so, seek and take account of the views of the persons mentioned in regulation7(5).
4
The responsible authority conducting a review must consider —
a
in the case of an eligible or relevant child, whether, in relation to each of the matters set out in the Schedule, any change to the pathway plan is necessary; and
b
in the case of a former relevant child, whether in relation to the matters set out in paragraphs 1, 3 and 4 of the Schedule, any change to the pathway plan is necessary.
5
The results of the review must be recorded in writing.
Retention and confidentiality of records
10
1
Records relating to assessments, pathway plans and their review shall be retained by the responsible authority until the seventy-fifth anniversary of the date of birth of the child or young person to whom they relate, or if the child dies before attaining the age of 18, for a period of fifteen years beginning with the date of his death.
2
The requirement in paragraph (1) may be complied with by retaining the original written records or copies of them, or by keeping all or part of the information contained in them in some other accessible form such as a computer record.
3
The records mentioned in paragraph (1) must be kept securely and may not be disclosed to any person except in accordance with —
a
any provision of, or made under, or by virtue of, a statute under which access to such records is authorised; or
b
any court order authorising access to such records.
Support and accommodation
11
1
For the purposes of section 23B(8)(c) (support for relevant children), the responsible local authority must provide assistance in order to meet the child’s needs in relation to education, training or employment as provided for in his pathway plan.
2
For the purposes of section 23B(10), “suitable accommodation” means accommodation —
a
which so far as reasonably practicable is suitable for the child in the light of his needs, including his health needs and any needs arising from any disability;
b
in respect of which the responsible authority has satisfied itself as to the character and suitability of the landlord or other provider; and
c
in respect of which the responsible authority has so far as reasonably practicable taken into account the child's —
i
wishes and feelings; and
ii
education, training or employment needs.
3
For the purposes of section 24B(5) (provision of vacation accommodation) —
a
“higher education” means education provided by means of a course of a description referred to in regulations made under section 22 of the Teaching and Higher Education Act 1998 ;
b
“further education” has the same meaning as in the Education Act 1996 save that for the purposes of this regulation it only includes further education which is provided on a full-time residential basis.
Functions of personal advisers
12
A personal adviser shall have the following functions in relation to an eligible or a relevant child or a young person who is a former relevant child —
a
to provide advice (including practical advice) and support;
b
where applicable, to participate in his assessment and the preparation of his pathway plan;
c
to participate in reviews of the pathway plan;
d
to liaise with the responsible authority in the implementation of the pathway plan;
e
to co-ordinate the provision of services, and to take reasonable steps to ensure that he makes use of such services;
f
to keep informed about his progress and wellbeing; and
g
to keep a written record of contacts with him.
Representations
13
1
The Representations Procedure (Children) Regulations 1991 shall be amended as follows.
2
In regulation 2 (interpretation) —
a
in the definition of “complainant”, for “qualifying for advice and assistance” substitute “falling within section 23A, 23C, 24, or 24B(3) of the Act making any representations”;
b
in the definition of “representations”, for “24(14)” substitute “24D(1)”.
3
After regulation 3 (local authority action), there shall be inserted the following new regulation —
Local resolution
3A
1
Where a local authority receive any representation from a person specified in section 24D(1) they shall —
a
provide the person appointed under regulation 3(1) with a written summary of the representation;
b
endeavour by informal means to reach a settlement to the satisfaction of the complainant within 14 days; and
c
if at the end of 14 days no resolution has been achieved, notify the person appointed under regulation 3(1).
.
4
In regulation 4 (preliminaries), in paragraph (1) for the words from “a local authority” to “they” substitute —
a
a person to whom it applies is dissatisfied with the outcome of the procedure set out in regulation 3A; or
b
a local authority receive representations from any other complainant, except from a person to whom section 26(3)(e) may apply,
the local authority
.
Transitional provision
14
Where a child who becomes a former relevant child on or before 1st January 2002 does not already have a pathway plan, the local authority shall (as the circumstances require) assess his needs and prepare a pathway plan for him in accordance with these regulations as if he were (as the case may be) still an eligible child or a relevant child.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State
Department of Health
8th August 2001


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Inner London Court Staff Pensions (Amendment) Order 2001 and shall come into force on the day after the day on which it is made.
2
In this Order “the principal Order ” means the Inner London Court Staff Pensions Order 2001 .
2
In article 2(1) of the principal Order, for the words “the making of this Order” there shall be substituted the words “the commencement of this Order”.
3
As from the coming into force of this Order the principal Order shall have effect as if article 2(1) of that Order when made referred to the commencement instead of the making of that Order.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
10th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No. 2) Order 2001.
2
This Order comes into force for the purposes of articles 2, 4 and 7 on 11th August 2001, and for all other purposes on 3rd September 2001.
3
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the Authorised Persons Order ” means the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc. ) Order 2001 ;
“the Banking Act ” means the Banking Act 1987 ;
“commencement” means the beginning of the day on which section 19 comes into force;
“the Financial Services Act ” means the Financial Services Act 1986 ;
“the Insurance Companies Act ” means the Insurance Companies Act 1982 ;
“pending authorised person” means a person who has been given a Part IV permission under section 42 (even though the permission is not yet in force);
“regulated person” means —
an authorised person within the meaning of the Financial Services Act;
a person who is an exempted person by virtue of section 43 (listed money market institutions) or section 44 (appointed representatives) of that Act;
an authorised institution within the meaning of the Banking Act;
a person who is authorised under section 3 or 4 of the Insurance Companies Act ;
a European institution within the meaning of the Banking Coordination (Second Council Directive) Regulations 1992 ;
a European investment firm within the meaning of the Investment Services Regulations 1995 ;
an EC company within the meaning of the Insurance Companies Act which, by virtue of paragraph 1 or 8 of Schedule 2F to that Act , is able to carry on direct insurance business through a branch in the United Kingdom or provide insurance in the United Kingdom;
a friendly society which is authorised or treated as authorised for the purposes of Part IV of the Friendly Societies Act 1992 , or which is permitted by virtue of section 31(2) or (3) of that Act to carry on any activities without authorisation under that Part;
a building society which is authorised or treated as authorised for the purposes of the Building Societies Act 1986 ; or
any person who is not, but has at any time been, a person specified by any of sub-paragraphs (a) to (i);
“transitional authorised person” means a person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, immediately before commencement) he will, at commencement, be treated as having a Part IV permission by virtue of the Authorised Persons Order;
“transitional permission” means any Part IV permission which a transitional authorised person will be treated as having at commencement by virtue of the Authorised Persons Order.
4
In this Order, except where otherwise specified, references to a numbered section, Part or Schedule are references to that section or Part of, or Schedule to, the Act.
Information gathering — transitional modifications of section 165
2
1
Section 165 (Authority’s power to require information) has effect until commencement as if —
a
each reference to an authorised person (except the references in subsections (7)(b) and (8)) included a reference to a regulated person in relation to whom the Authority has reasonable grounds to believe that it will be able to impose a requirement under that section immediately after commencement;
b
the reference in subsection (4) to information and documents reasonably required in connection with the exercise by the Authority of functions conferred on it by or under the Act —
i
so far as that subsection relates to documents and information held by or on behalf of —
aa
a regulated person who falls within paragraph (j) of the definition of that term, or
bb
a person connected with such a person,
were a reference to information and documents reasonably required in connection with the exercise by the Authority of functions which will, at commencement, be conferred on it by, or exercisable by it by virtue of, the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Civil Remedies, Discipline, Criminal Offences etc.) Order 2001 in relation to that regulated person;
ii
otherwise, included a reference to information and documents reasonably required in connection with the exercise by the Authority of functions which the Authority has reasonable grounds to believe will be conferred on it by or under the Act at commencement;
c
the reference to a recognised investment exchange or recognised clearing house in subsection (7)(c) included a reference to a recognised investment exchange or a recognised clearing house (in each case, within the meaning of the Financial Services Act) in relation to which the Authority has reasonable grounds to believe that it will be able to impose a requirement under that section immediately after commencement.
2
In determining whether a person is connected with a regulated person under section 165(11), Part I of Schedule 15 has effect as if each reference to an authorised person were a reference to a regulated person.
3
The reference to a requirement imposed by the Authority under section 165 in section 176(11) does not include a requirement imposed under that section as modified by this article.
4
At commencement —
a
any requirement imposed under section 165 or subsection (1) of section 175 (information and documents: supplemental provisions) ceases to have effect if it could not be imposed under that enactment immediately after commencement;
b
any requirement imposed under subsection (2) or (3) of section 175 (a “supplementary requirement”) ceases to have effect if the requirement pursuant to which the supplementary requirement was imposed ceases to have effect at commencement by virtue of sub-paragraph (a) (and no such supplementary requirement may be imposed thereafter); and
c
no action may be taken or continued under or pursuant to the Act in relation to any requirement which ceases to have effect by virtue of this paragraph.
Other transitional modifications of the Act
3
1
The following transitional provisions apply until commencement.
2
Subsection (1)(b) of section 45 (variation etc. of Part IV permission on Authority’s own initiative) and subsection (1)(d) of section 254 (revocation of authorisation order in respect of unit trust scheme otherwise than by consent) do not apply.
3
In sections 44, 45, 46, 47, 48, 50, 52, 53, 54 and 55 (variation of Part IV permissions etc.), sections 56 and 60 (performance of regulated activities) and section 148 (modification or waiver of rules) —
a
the references to an authorised person are to be read as references to a pending authorised person or a transitional authorised person;
b
references to Part IV permissions are to be read as references to —
i
Part IV permissions even though not yet in force; and
ii
transitional permissions.
4
In sections 42(3), (4) and (5) (giving permission), 56(8) (prohibition orders) and 329(1) (orders in relation to the general prohibition), the references to a person who is exempt from the general prohibition, or to whom the general prohibition does not apply by virtue of any provision, are to be read as references to any person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, when the provision comes into force) he will then be so exempt, or the general prohibition will not then apply to him.
5
In sections 194, 195, 196 and 197 (incoming firms: intervention by the Authority), the references to an “incoming firm” are to be read as references to any person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, immediately before commencement) he will, at commencement, be treated as being an “incoming firm” by virtue of the Authorised Persons Order.
6
In section 250(2) (modification or waiver of trust scheme rules or scheme particulars rules), the reference to a person to whom any rules apply is to be read as a reference to any person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, at or after commencement) any rules will then apply to him.
7
In sections 251 (alteration of authorised unit trust schemes etc.), 252 (procedure when refusing approval of change of manager or trustee) and 257(1)(b) (powers of intervention), references to an authorised unit trust scheme are to be read as references to —
a
a scheme in respect of which an order has been made under section 243 (even though the order is not yet in force); or
b
a scheme —
i
as respects which there is in force an order made under section 78(1) of the Financial Services Act (or having effect as if so made); and
ii
which is a unit trust scheme within the meaning of section 237;
(which will, if it is still such a scheme immediately before commencement, be treated at commencement as an authorised unit trust scheme under section 243 by virtue of the Authorised Persons Order).
8
In section 264(2) (recognition of collective investment schemes constituted in other EEA States), the reference to the Authority giving a notification “within two months of receiving the notice under subsection (1)” is to be read as a reference to the Authority giving a notification within that period or (if later) on the day on which section 19 comes into force.
9
In sections 277(1) (alteration of schemes etc.) and 281 (directions), the references to a scheme recognised by virtue of (or under) section 270 or 272 are to be read as references to —
a
a scheme in respect of which the Authority has given approval under section 270(1)(d)(i), or in respect of which an order has been made under section 272 (even though the approval or order is not yet in force); or
b
a scheme of such a description, and with respect to which such conditions are met that (if it is of that description, and if those conditions are met, immediately before commencement) it will, at commencement, be treated as a recognised scheme under section 270 or 272 by virtue of the Authorised Persons Order.
10
In section 294 (modification or waiver of rules applying to recognised bodies), references to a recognised body are to be read as references to —
a
a body or association in respect of which a recognition order has been made (even though the order is not yet in force); or
b
a body or association which is a recognised investment exchange or a recognised clearing house under the Financial Services Act (which will, if it still has that status immediately before commencement, be treated at commencement as a recognised investment exchange or a recognised clearing house under the Act by virtue of regulation 9 of the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001 ).
11
In sections 296 to 298 (directions in relation to recognised bodies etc.), in subsections (1), (4), (5), (7) and (8) of section 311 (exclusion from the Competition Act 1998: the Chapter I prohibition), and for the purposes of subsection (1)(b) of section 312 (the Chapter II prohibition), references to a recognised body are to be read as references to a body or association in respect of which a recognition order has been made (even though the order is not yet in force).
12
In paragraph 5(1) of Schedule 4 (Treaty firms), the reference to a Treaty firm which qualifies for authorisation under that Schedule is to be read as a reference to a Treaty firm which will so qualify for authorisation when paragraph 2 of that Schedule comes into force.
Information from recognised professional bodies
4
1
Until commencement, the Authority may by notice in writing require any recognised professional body, within the meaning of the Financial Services Act, to furnish it with information —
a
which relates to investment business (within the meaning of that Act) carried on by a person who holds or has held a certificate issued by that body for the purposes of Part I of that Act or the regulation or supervision of such business; and
b
which is reasonably required in connection with the exercise by the Authority of functions which the Authority has reasonable grounds to believe will be conferred on it by or under the Act at commencement.
2
Any requirement imposed under paragraph (1) ceases to have effect at commencement if it could not be imposed immediately after commencement under the Financial Services and Markets Act 2000 (Transitional Provisions and Savings) (Civil Remedies, Discipline, Criminal Offences etc.) Order 2001, and no action may be taken or continued under or pursuant to the Act in relation to such a requirement after commencement.
Rehabilitation of offenders — transitional modification of the Banking Act
5
1
Section 95 of the Banking Act (restriction of Rehabilitation of Offenders Act 1974 ) has effect until commencment as if the following provisions were inserted after paragraph (5) —
5A
Nothing in section 4(1) (restriction on evidence as to spent convictions in proceedings) shall prevent the determination in any proceeding (including proceedings on appeal to any court) arising out of any relevant decision of the Authority, or prevent the admission or requirement in any such proceedings of any evidence, relating to a person’s previous convictions for any such offence as is mentioned in subsection (1) above or the circumstances ancillary thereto.
5B
A conviction for such an offence as is mentioned in subsection (1) above shall not be regarded as spent for the purposes of section 4(2) (questions relating to an individual’s previous convictions) if —
a
the question is put by or on behalf of the Authority and the individual is a person who is or is seeking to become a director, controller or manager of a person who —
i
has made an application for permission to accept deposits under Part IV of the Financial Services and Markets Act 2000 (“Part IV”) which has not been determined,
ii
a person who has been given such permission (albeit that permission is not yet in force), or
iii
a transitional authorised person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, immediately before commencement) he will, at commencement, be treated as having permission to accept deposits under Part IV, or
b
the question is put on behalf of such a person and the individual is or is seeking to become a director, controller or manager of that person,
and the person questioned is informed that by virtue of this section convictions for any such offence are to be disclosed.
5C
Section 4(3)(b) (spent convictions not to be ground for excluding person from office, occupation etc.) shall not —
a
prevent the Authority from refusing to give, varying or cancelling permission to accept deposits under Part IV on the ground that an individual is not a fit and proper person to be a director, controller or manager of the person concerned or from imposing a requirement under Part IV that relates to the acceptance of deposits requiring the removal of an individual as director, controller or manager of such a person, or
b
prevent —
i
a person who has made an application for permission to accept deposits under Part IV which has not been determined,
ii
a person who has been given such permission (albeit that permission is not yet in force), or
iii
a transitional authorised person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, immediately before commencement) he will, at commencement, be treated as having permission to accept deposits under Part IV,
from dismissing or excluding an individual from being a director, controller or manager of that person,
by reason, or partly by reason, of a spent conviction of that individual for such an offence as is mentioned in subsection (1) above or any circumstances ancillary to such a conviction or of a failure (whether or not by that individual) to disclose such a conviction or any such circumstances.
5D
For the purposes of subsections (5B) and (5C) above an application for permission by a person is not determined until the determination of the Authority is communicated to the person.
5E
In subsections (5B) and (5C) —
“commencement” means the beginning of the day on which section 19 of the Financial Services and Markets Act 2000 comes into force;
“director”, “controller” and “manager” have the meanings given by that Act;
“transitional authorised person” has the meaning given by the Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No. 2) Order 2001.
5F
In subsection (5A), “relevant decision” means a decision —
a
to refuse an application for permission to accept deposits under Part IV,
b
to impose a requirement under Part IV that relates to the acceptance of deposits,
c
to vary or to cancel permission to accept deposits given under Part IV, or
d
to refuse to vary or cancel such permission,
except any such decision made by the Authority as a result of a direction under section 405 of the Financial Services and Markets Act 2000 (directions in relation to third countries).
.
Rehabilitation of offenders — transitional modification of the Financial Services Act
6
1
Section 189 of the Financial Services Act has effect until commencement as if —
a
after subsection (4)(c) there were inserted —
d
as respects action within paragraph 5 or 6 of that Part, a person who is connected with that person;
e
as respects action within paragraph 5 of that Part consisting of a decision of a kind mentioned in paragraph 7(e) of Part I of that Schedule, the operator or trustee (within the meaning of the Financial Services and Markets Act 2000) of the scheme or a person who is connected with that person.
; and
b
after subsection (6), there were inserted —
6A
In this section and that Schedule, a person is connected with another (“A”) if he is —
a
where A is a body corporate, a director, manager or controller of A;
b
where A is a partnership, a partner or manager of A;
c
where A is an unincorporated association, a member of its governing body or an officer, manager or controller of A;
d
where A is an individual, a manager of A.
6B
In subsection (6A), “director”, “manager” and “controller” have the meanings given by the Financial Services and Markets Act 2000.
.
2
Schedule 14 to the Financial Services Act has effect until commencement as if —
a
after paragraph 6 of Part I (exempted proceedings) there were inserted —
7
Any proceedings with respect to a decision or proposed decision of the Financial Services Authority —
a
refusing an application for permission under Part IV of the Financial Services and Markets Act 2000 (“Part IV”) to carry on relevant activities;
b
deciding to impose requirements under Part IV that relate to relevant activities;
c
varying or cancelling permission to carry on relevant activities given under Part IV;
d
refusing to vary or cancel such permission; or
e
refusing to make or revoking an authorisation order under section 243 of that Act or an order under section 272 of that Act declaring a scheme to be a recognised scheme or refusing to give its approval to a scheme being recognised under section 270 of that Act or directing that a scheme recognised under that section is to cease to be recognised.
;
b
after paragraph 8 of Part II (exempted questions) there were inserted —
9
The Financial Services Authority.
a
An applicant for permission under Part IV to carry on relevant activities whose application has not been determined.
b
A person who has been given permission under Part IV to carry on relevant activities (albeit that permission is not yet in force).
c
A transitional authorised person who is of such a description, and with respect to whom such conditions are met, that (if he is of that description, and if those conditions are met, immediately before commencement) he will, at commencement, be treated as having permission under Part IV to carry on relevant activities.
d
The operator or trustee (within the meaning of the Financial Services and Markets Act 2000) of a collective investment scheme (within the meaning of that Act) in respect of which a notice has been given under section 270 of that Act or an application has been made under section 272 of that Act.
e
The operator or trustee (within the meaning of that Act) of a prospective recognised scheme.
f
An individual who is connected with a person (whether or not an individual) described in paragraph (a), (b), (c), (d) or (e) above.
10
A person (whether or not an individual) described in paragraph 9(a), (b), (c), (d) or (e).
An individual who is or is seeking to become connected with the person in column 1.
;
c
in Part III (exempted actions), there were inserted —
i
after the words “Part I of this Schedule” in each place they appear in column 2, “, except for any decision or proposed decision as is mentioned in paragraph 7 of that Part”; and
ii
after paragraph 4 —
5
The Financial Services Authority.
Any such decision or proposed decision as is mentioned in paragraph 7 of Part I of this Schedule.
6
A person (whether or not an individual) described in paragraph 9(a), (b), (c), (d) or (e) of Part II of this Schedule.
Dismissing or excluding an individual from being or becoming conneced with the person in column 1.
;
d
in Part IV (supplemental), there were inserted after paragraph 3 —
4
“Relevant activities” means any regulated activity of the kind specified by any of the following provisions of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 , 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 53 (advising on investments).
5
In paragraph 9 of Part II of this Schedule —
“commencement” means the beginning of the day on which section 19 of the Financial Services and Markets Act 2000 comes into force;
“prospective recognised scheme” means a collective investment scheme (within the meaning of the Financial Services and Markets Act 2000) —
in respect of which the Financial Services Authority has given approval under section 270(1)(d)(i) of that Act or in respect of which an order has been made under section 272 of that Act (even though the approval or order is not yet in force); or
which is of such a description, and with respect to which such conditions are met that (if it is of that description, and if those conditions are met, immediately before commencement) it will, at commencement (within the meaning given by this paragraph) be treated as a recognised scheme under section 270 or 272 of that Act by virtue of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001;
“transitional authorised person” has the meaning given by the Financial Services and Markets Act 2000 (Consequential and Transitional Provisions) (Miscellaneous) (No. 2) Order 2001.
6
In Parts II and III of this Schedule, references to an applicant for permission are references to an applicant who has not yet been informed of the determination of his application.
7
Paragraph 9(d) and (e) of Part II of this Schedule and so much of paragraph 9(f) as relates to those paragraphs —
a
apply only if the question is put to elicit information for the purpose of determining whether the operator or trustee is a fit and proper person to act as operator or trustee of the scheme in question;
b
apply in the case of a scheme in respect of which a notice has been given under section 270 of the Financial Services and Markets Act 2000 or an application has been made under section 272 of that Act only until the applicant has been informed of the determination of the application.
.
Exemptions from restrictions on disclosure
7
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 have effect until commencement as if —
a
the reference in Part I of Schedule 1 to a recognised investment exchange included a reference to a recognised investment exchange within the meaning of the Financial Services Act;
b
after the reference in that Part to the scheme manager and to its functions under Part XV of the Act, there were inserted the following entries —
The Policyholders Protection Board Its functions under the Policyholders Protection Act 1975 The Deposit Protection Board Its functions as such The body administering a scheme under section 54 of the Financial Services Act 1986 Its functions as such
;
c
the reference in that Part to a body which was, immediately before the coming into force of section 19 of the Act, a recognised professional body within the meaning of the Financial Services Act included a reference to a recognised professional body, a self-regulating organisation and a self-regulating organisation for friendly societies, in each case, within the meaning of that Act;
d
the reference in that Part to an auditor exercising functions conferred by or under the Act included a reference to a person approved under section 108 of the Financial Services Act for the purposes of exercising any function;
e
the reference in that Part to a person appointed to conduct an investigation under section 167 or section 168(3) or (5) of the Act included a reference to each of the following —
i
an inspector appointed under section 94 or 177 of the Financial Services Act ;
ii
a person authorised to exercise powers under section 106 of that Act ;
iii
a person authorised to exercise powers under section 43A or 44 of the Insurance Companies Act ;
f
the reference in that Part to an auditor of an authorised person appointed under or as a result of an enactment included a reference to each of the following —
i
an auditor of an authorised person, within the meaning of the Financial Services Act;
ii
an auditor appointed under section 21 of the Insurance Companies Act ;
g
the reference in that Part to an actuary exercising functions conferred by or under the Act included a reference to an actuary exercising functions under the Insurance Companies Act;
h
the reference in Part 4 of that Schedule and Schedule 2 to a recognised clearing house included a reference to a recognised clearing house within the meaning of the Financial Services Act.
Transitional saving in relation to the Civil Jurisdiction and Judgments Act 1982
8
Notwithstanding paragraph 3 of Schedule 20, the reference in paragraph 10 of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from the operation of Schedule 4 to that Act) to section 188 of the Financial Services Act is to be treated as if it had not been omitted, until that section is repealed.
The Open-Ended Investment Companies Regulations 2001
9
Before commencement, and although the Open-Ended Investment Companies Regulations 2001 are not in force for these purposes, applications may be made for, and the Authority may make, authorisation orders under those Regulations to come into force not sooner than commencement.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
20th July 2001


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2001 and shall come into force on 9th April 2001.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2001.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 and the Pensions Increase (Review) Order 2000 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 9th April 2001 as follows —
1
a pension beginning before 10th April 2000 may be increased by 3.3 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 10th April 2000 and before 9th April 2001 may be increased by 3.3 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 9th April 2001, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 9th April 2001 but on or after 10th April 2000 there may be paid an increase of 3.3 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 10th April 2000 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 9th April 2001, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East Hertfordshire 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 South East Hertfordshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the South East Hertfordshire 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 and North 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 East and North Hertfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The East and North Hertfordshire 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 and commencement
1
These Regulations shall be cited as the Income Support (General) Amendment Regulations 2001 and shall come into force on 29th March 2001.
Amendment of the Income Support (General) Regulations 1987
2
In the Income Support (General) Regulations 1987 —
a
in regulation 26 (calculation of income and capital of students), for the words from “have effect” to the end of the regulation, there shall be substituted the words “have effect in relation to students and their partners subject to the modifications set out in Chapter VIII thereof (students)”;
b
for the title to Chapter VIII of Part V, there shall be substituted the word “STUDENTS”;
c
in Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
i
in paragraph 61(1), for the words “full-time student” there shall be substituted the word “student”;
ii
in paragraph 65(2), for the words from “as a result of” to the end of the sub-paragraph, there shall be substituted the words “as a result of the student’s attendance on the course where an amount in respect of those expenses has already been disregarded pursuant to regulation 66(1) (student’s income to be disregarded)”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th March 2001


text:
Citation and commencement
1
This Order may be cited as the Council Tax Benefit (Permitted Totals) (Amendment) Order 2001 and shall come into force on 1st April 2001.
Amendment of article 2 of the Council Tax Benefit (Permitted Totals) Order 1996
2
In article 2 of the Council Tax Benefit (Permitted Totals) Order 1996 (permitted total of benefit allowed in exercise of a discretion) for “100.1%” there shall be substituted “100.025%”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
22nd March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Pensions Appeal Tribunals (Posthumous Appeals) Amendment Order 2001 and, subject to article 2, shall come into force on 9th April 2001.
2
In this Order “the principal Order ” means the Pensions Appeal Tribunals (Posthumous Appeals) Order 1980 and, except where the context otherwise requires, a reference to a numbered article is to the article in the principal Order which bears that number.
Amendments to the principal Order
2
The amendments to the principal Order —
a
in paragraphs 1, 3 and 4 of the Schedule shall have effect from 9th April 2001; and
b
in paragraph 2 of the Schedule shall have effect for the purposes of decisions made and notified on or after 9th April 2001.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Tendring (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 Tendring;
“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 Tendring (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 Tendring
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-five 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 that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of 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 Tendring
3
1
The ordinary elections of all councillors of the district of Tendring 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 Frinton and Walton
4
1
The existing wards of the parish of Frinton and Walton shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Frinton, Great Holland, Hamford, Homelands, Kirby Cross, Kirby-le-Soken and Walton; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the parish wards of Frinton and Walton shall be four, for each of the parish wards of Hamford, Homelands and Kirby Cross shall be two and for each of the parish wards of Great Holland and Kirby-le-Soken shall be one.
Wards of the parish of Harwich
5
1
The existing wards of the parish of Harwich shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Harwich East, Harwich East Central, Harwich West and Harwich West Central; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Brightlingsea
6
1
The existing wards of the parish of Brightlingsea shall be abolished.
2
The number of parish councillors to be elected to the parish shall be twelve.
Number of parish councillors
7
The number of parish councillors to be elected for the parish of Great Bentley shall be nine.
Revocation
8
The District of Tendring (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2001 and shall come into force on 1st February 2001.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations extend to England only .
Amendment of Schedule 4 to the principal Regulations
2
At the end of Schedule 4 to the principal Regulations (capital to be disregarded) there shall be added the following paragraph —
20
Any amount which would be disregarded under paragraph 61 of Schedule 10 to the Income Support Regulations (ex-gratia payment made by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War) .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th January 2001


text:
Citation
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 11) Order 2001.
Appointed day
2
23rd April 2001 is the day appointed for the coming into force of —
a
section 17 of the Welfare Reform and Pensions Act 1999 (compensating occupational pension schemes) so far as not already in force;
b
in Part I of Schedule 13 to that Act (repeals — miscellaneous pensions provisions), the repeal in section 83(3)(a) of the Pensions Act 1995 (amount of compensation payment) ; and
c
section 88 of that Act so far as it relates to that repeal.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker,
Minister of State,
Department of Social Security
27th March 2001


text:
1
This Order may be cited as the European Communities (Privileges of the European School) Order 2001. It shall come into force on the day after the day on which it was made.
2
The European Communities (Privileges of the European School) Order 1990 shall be amended as follows —
1
After Article 4(2) there shall be inserted the following new paragraph: —
3
The School shall be accorded a refund of insurance premium tax and air passenger duty paid by the School in the exercise of its official activities.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2001 and shall come into force on 28th May 2001.
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
2
In the regulations specified in column (1) of the Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
46(2)(a)(i) 164 169 46(2)(a)(ii) 131 135 46(2)(b)(i) 131 135 50(a) 760 783 71 73 50(b) 375 386 50(c) 1625 1674 57(5) 10 10.50
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd May 2001


text:
PART 1
GENERAL
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) (Pre-Commencement Modifications) Order 2001 and comes into force on 3rd September 2001.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000; and
“commencement” means the beginning of the day on which section 19 of the Act comes into force.
Modifications to primary and secondary legislation
3
The modifications made by Parts 2 and 3 of this Order have effect until commencement.
PART 2
MODIFICATIONS TO PRIMARY LEGISLATION
Consumer Credit Act 1974 (c. 39)
Restriction on disclosure of information
4
Section 174(3A) of the Consumer Credit Act 1974 has effect as if the reference to the functions of the Financial Services Authority under the Banking Act 1987 included a reference to the functions of the Authority under or as a result of the Act.
Companies Act 1985 (c. 6)
Provision for security of information obtained
5
1
Subsection (1) of section 449 of the Companies Act 1985 (“the 1985 Act ”) has effect as if after paragraph (ba) there were inserted —
bb
with a view to the institution of, or otherwise for the purposes of, any proceedings before the Tribunal ;
.
2
In that subsection, paragraph (fa) has effect as if the functions mentioned in sub-paragraphs (i) to (iii) included the functions of the Authority under or as a result of the Act.
Building Societies Act 1986 (c. 53)
Confidentiality of certain information obtained by the Commission
6
Nothing in section 53(1) of the Building Societies Act 1986 prohibits —
a
the disclosure of information to any person with a view to the institution of, or otherwise for the purposes of, proceedings before the Tribunal;
b
the disclosure of information to the Authority in circumstances where, in the opinion of the Commission, it is desirable or expedient that the information should be disclosed with a view to facilitating the discharge by the Authority of any of its functions under or as a result of the Act; or
c
further disclosure by the Authority in accordance with sections 348 and 349 of the Act of any information disclosed under paragraph (b).
Companies Act 1989 (c. 40)
Exceptions from restrictions on disclosure
7
Section 87 of the Companies Act 1989 has effect as if —
a
the relevant proceedings referred to in subsection (1)(a) included proceedings before the Tribunal; and
b
the relevant functions specified in relation to the Authority in subsection (4) included its functions under or as a result of the Act.
Courts and Legal Services Act 1990 (c. 41)
Exceptions from restrictions on disclosure
8
Section 50 of the Courts and Legal Services Act 1990 has effect as if —
a
the functions of the Authority mentioned in subsection (1)(fa) included its functions under or as a result of the Act;
b
the reference to the Financial Services Tribunal and its functions under the Financial Services Act 1986 in subsection (1)(r) included a reference to the Tribunal and its functions under the Act.
Friendly Societies Act 1992 (c. 40)
Exceptions from restrictions on disclosure
9
Section 64 of the Friendly Societies Act 1992 has effect as if —
a
the relevant proceedings referred to in subsection (1)(a) included proceedings before the Tribunal; and
b
the relevant functions mentioned in relation to the Authority in subsection (5) included its functions under or as a result of the Act.
Pension Schemes Act 1993 (c. 48)
Disclosure of information by the Secretary of State or the Inland Revenue
10
Section 158A of the Pension Schemes Act 1993 has effect as if the functions specified in relation to the Financial Services Authority in the Table in subsection (1) included the functions of the Authority under or as a result of the Act.
Pension Schemes (Northern Ireland) Act 1993 (c. 49)
Disclosure of information by the Department or the Inland Revenue
11
Section 154A of the Pension Schemes (Northern Ireland) Act 1993 has effect as if the functions specified in relation to the Financial Services Authority in subsection (1) included the functions of the Authority under or as a result of the Act.
Bank of England Act 1998 (c. 11)
Restrictions on disclosure of information
12
Paragraph 3 of Schedule 7 to the Bank of England Act 1998 has effect as if the functions specified in relation to the Authority in the Table in sub-paragraph (1) included the functions of the Authority under or as a result of the Act.
PART 3
MODIFICATIONS TO SECONDARY LEGISLATION
Companies (Northern Ireland) Order 1986 ( S.I. 1986/1032 (N.I. 6) )
Provision for security of information obtained
13
1
In paragraph (1) of Article 442 of the Companies (Northern Ireland) Order 1986, sub-paragraph (fa) has effect as if the functions mentioned in paragraphs (I) to (iii) included the functions of the Authority under or as a result of the Act.
2
That paragraph has effect as if after sub-paragraph (m) there was inserted —
mm
for the purposes of any proceedings before the Tribunal;
.
Estate Agents (Specified Offences) (No 2) Order 1991 (S.I. 1991/1091 )
Specified Offences
14
The Estate Agents (Specified Offences) (No 2) Order 1991 has effect as if the offences listed in the Schedule (and thereby specified for the purposes of section 3 of the Estate Agents Act 1979 ) included offences committed under paragraph 11(3) of Schedule 13 to the Act (failure in relation to attendance at, and evidence etc. before the Financial Services and Markets Tribunal).
John Heppell
Tony McNulty
Two of the Lords Commisioners of Her Majesty’s Treasury
23rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of North East Lincolnshire (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 —
“borough” means the borough of North East Lincolnshire;
“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 Borough of North East Lincolnshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of North East Lincolnshire
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of North East Lincolnshire
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2003 .
3
The councillors holding office for any ward of the borough immediately before 5th May 2003 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2003 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Uttlesford (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 Uttlesford;
“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 Uttlesford (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 Uttlesford
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Uttlesford
3
1
The ordinary elections of all councillors of the district 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 predecessor retires.
Wards of the parish of Great Dunmow
4
1
The existing wards of the parish of Great Dunmow shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Great Dunmow North and Great Dunmow South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the parish ward of Great Dunmow North shall be six, and for the parish ward of Great Dunmow South shall be nine.
Wards of the parish of Great Easton
5
The parish of Great Easton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the 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 Saffron Walden
6
1
The existing wards of the parish of Saffron Walden shall be abolished.
2
The parish of Saffron Walden shall be divided into four 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 Stansted Mountfitchet
7
1
The existing wards of the parish of Stansted Mountfitchet shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Stansted North and Stansted South; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the parish ward of Stansted North shall be seven and for the parish ward of Stansted South shall be eight.
Revocation
8
The District of Uttlesford (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Amendment Order 2001 and shall, subject to articles 2(2) to (5), come into force on 9th April 2001 (“the commencement date”).
2
In this Order “the principal Order ” means the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 and, except where the context otherwise requires, a reference to a numbered article, Part, Table or Schedule is to the article, Part, Table or Schedule in the principal Order which bears that number.
Amendments to the principal Order and application
2
1
The amendments to the principal Order contained in Schedule 1 to this Order shall have effect.
2
Paragraphs 2, 3, 4, 5(a), (b) and (d), 9, 11, 12, 18(b) and (d) and 21 to 25 of Schedule 1 to this Order (which amend articles 3A, 14, 15, 16, 18(2), (2A), and (7), 26A, 35 to 37, 42A and 67(3)(b) and Schedules 3 and 4 and insert article 67 (2A)) shall apply for the purposes of decisions made on or after the commencement date.
3
Paragraph 5(c) of Schedule 1 to this Order (which amends paragraph (5)(b) of article 18) shall apply for the purposes of claims made on or after the date which is six months after the commencement date.
4
Paragraphs 14 and 16(a) of Schedule 1 to this Order (which amend articles 56 and 61(1)(c)) shall apply for the purposes of deductions of pensions or allowances made for any day on or after the commencement date.
5
Paragraphs 16(b) and 17 of Schedule 1 to this Order (which amend articles 61(1)(d) and 62) shall apply for the purposes of decisions to withhold or forfeit a pension or gratuity made on or after the commencement date.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Freezing of Funds) Regulations 2001 and shall come into force on 5th February 2001.
2
In these Regulations —
a
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
b
“the EC Regulation ” means Council Regulation ( EC ) No. 2488/2000 of 10th November 2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him and repealing Regulations (EC) No. 1294/1999 and (EC) No. 607/2000 and Article 2 of Regulation (EC) No. 926/98 .
Breaches of the EC Regulation
2
1
Any person who commits a breach of Article 1(1), 1(2), or 2(1) of the EC Regulation shall be guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 3(1) of the EC Regulation; or
b
uses information in breach of Article 3(2) of the EC Regulation,
shall be guilty of an offence.
Requests for exemptions etc
3
If, in connection with a request pursuant to Article 4(3) of the EC Regulation, any person —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence.
Information
4
The Schedule to these Regulations shall have effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or 3 above or under paragraph 2(b) or (c) of the Schedule to these Regulations shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2) above or paragraph 2(a) or 3(2) of the Schedule to these Regulations shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Revocation
6
The Federal Republic of Yugoslavia (Freezing of Funds and Prohibition on Investment) Regulations 1999 are revoked.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
15th January 2001


text:
Citation and commencement
1
These Regulations may be cited as the Occupational Pension Schemes (Pensions Compensation Provisions) Amendment Regulations 2001 and shall come into force on 23rd April 2001.
Amendment of the Occupational Pension Schemes (Pensions Compensation Provisions) Regulations 1997
2
1
The Occupational Pension Schemes (Pensions Compensation Provisions) Regulations 1997 shall have effect with the following amendments.
2
After regulation 3 (relevant offences), there shall be inserted the following regulation: —
Protected liabilities — prescribed class of members
3A
For the purposes of section 81(2A)(a) (protected liabilities to include liabilities in respect of members of prescribed class) the prescribed class of members shall comprise those members who fall within the “switch-over period”, as defined in regulation 7(10) of the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 .
.
3
In regulation 5 (amount of compensation) —
a
in paragraph (3), the words “90 per cent. of” shall be omitted;
b
in paragraph (5) for the words “90 per cent. of liabilities” there shall be substituted the words “the aggregate of the protected liabilities”; and
c
in paragraph (6) for sub-paragraph (a) there shall be substituted the following sub-paragraph: —
a
the prescribed rate of interest shall be the base rate plus 2 per cent.;
.
4
In paragraph (5) of regulation 6 (payments made in anticipation), for sub-paragraph (d) there shall be substituted the following sub-paragraph: —
d
so as not to exceed the aggregate of the protected liabilities.
.
5
In regulation 10 (modifications for money purchase schemes) —
a
in paragraph (1)(a) —
i
in head (i) the words “90 per cent. of” shall be omitted, and
ii
for head (ii) there shall be substituted the following head: —
ii
for paragraph (b) of section 83(3) there were substituted —
b
in the case of a money purchase scheme, must not exceed 90 per cent. of the difference between —
i
the value of the assets of the scheme immediately before the reduction falling within section 81(1)(c), and
ii
their value immediately after that reduction,
as reported by the auditor, where that difference is adjusted so as to take account of subsequent alterations in their value (if any) which occur prior to the settlement date, including any alterations which would have occurred if that reduction had not taken place.
;
;
b
in paragraph (1)(b) —
i
for the words from “these Regulations” to “substituted — ” there shall be substituted the words
these Regulations shall have effect as if —
i
for paragraph (5) of regulation 5 there were substituted —
,
ii
for the words “90 per cent. of their pre-loss value” there shall be substituted the words “the aggregate of the protected liabilities”,
iii
for the formula “T × 90% − V” there shall be substituted the formula “(T − V) × 90%”, and
iv
after the words “purposes of T and V. ”“, there shall be inserted the following head: —
ii
for paragraph (5)(d) of regulation 6 there were substituted —
d
so as not to exceed 90 per cent. of the shortfall at the application date.
.
;
c
in paragraph (2)(a) —
i
in head (i) the words “90 per cent. of” shall be omitted, and
ii
for head (iv) there shall be substituted the following head: —
iv
for paragraph (b) of section 83(3) there were substituted —
b
in the case of an ear-marked scheme, must not exceed 90 per cent. of the difference between —
i
the value of the assets of the scheme immediately before the reduction falling within section 81(1)(c), and
ii
their value immediately after that reduction,
as certified by the relevant insurer, where that difference is adjusted so as to take account of subsequent alterations in their value (if any) which occur prior to the settlement date, including any alterations which would have occurred if that reduction had not taken place.
;
; and
d
in paragraph (2)(b) —
i
for the words “90 per cent of their pre-loss value” there shall be substituted the words “the aggregate of protected liabilities”, and
ii
for the formula “(T + S) × 90% − V” there shall substituted the formula “(T + S − V) × 90%”.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
27th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2001 and shall come into force on 28th May 2001.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments to regulation 20 (fees for examinations)
3
1
Regulation 20 shall be amended as follows.
2
In the provisions specified in column 1 of the following Table for the amounts specified in column 2 there shall be substituted the amounts specified in column 3.
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(e)(i) 49 50.50 20(1)(e)(ii) 35 36 20(1)(ea)(i) 82 84.50 20(1)(ea)(ii) 45 46.50 20(2A) 29 30 21 21.50 20(2B) 7 7.50
3
In the Table in paragraph (4), for the amounts specified in column 1 of the Table below there shall be substituted the amounts specified in column 2.
TABLE
(1) (2) (1)(Cont) (2)(Cont) (1)(Cont) (1)(Cont) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£)
24 24.50 56 58 35 36 39 40 85 88 56 57.50 28 29 17 17.50 42 43.50 43 44.50 28 29 63 65 49 50.50 21 22 78 80.50 32 33.50
4
In the Table in paragraph (4A), for the amounts specified in column 1 of the Table below there shall be substituted the amounts specified in column 2.
TABLE
(1) (2) (1)(Cont) (2)(Cont) (1)(Cont) (1)(Cont) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£)
38 39 89 92 45 46.50 53 54.50 118 122 66 68 42 43.50 21 21.50 52 54 57 59 32 33 73 75.50 82 84.50 25 26 111 114.50 36 37.50
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd May 2001