text:
Citation, commencement, operation, amendment, extent and revocation
1
1
This Order may be cited as the Liberia (United Nations Sanctions) (Channel Islands) Order 2001 and shall come into force on 16th March 2001.
2
Subject to paragraph (3) below, this Order shall remain in force until 7th May 2002 unless, on or before that date, the Security Council of the United Nations decides to extend the measures provided for in paragraph 5 of the resolution adopted by it on 7th March 2001 for a further period, in which case this Order shall remain in force for the further period specified in that decision.
3
If the Security Council of the United Nations takes any decision which has the effect of cancelling or postponing or suspending the operation of the resolution adopted by it on 7th March 2001, in whole or in part, this Order shall cease to have effect or its operation shall be postponed or suspended, in whole or in part, as the case may be, in accordance with that decision.
4
Particulars of any decisions referred to in paragraph (2) and (3) above shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
5
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey.
6
Articles 3, 4 and 5 apply to any person within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British National (Overseas), a British subject or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
is a body incorporated or constituted under the law of any part of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
7
The United Nations Arms Embargoes (Somalia, Liberia and Rwanda) (Channel Islands) Order 1996 shall be amended as follows:
a
in article 2(1), in the definition of “prohibited destination” omit “, Liberia”;
b
in article 8(9)(c), omit “, Liberia”;
c
in paragraph 4(c) of the Schedule to the Order, omit “Liberia”.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer”, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972; and “States Revenue Officer”, in the application of this Order to the Bailiwick of Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator, and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“professional legal adviser” in the application of this Order to the Bailiwick of Jersey, means an advocate or solicitor;
“relevant enforcement authority” means —
in relation to the Bailiwick of Jersey, the Policy and Resources Committee of the States of Jersey; and
in relation to the Bailiwick of Guernsey, means —
the Lieutenant Governor for the purposes of articles 3 to 6, and 17; and
for the purposes of articles 17 of, and Schedule 2 to, this Order, the Attorney General for Guernsey or the Chief Revenue Officer;
“relevant institution” means —
in relation to the Bailiwick of Guernsey, an institution licensed by the Guernsey Financial Services Commission under the Banking Supervision (Bailiwick of Guernsey) Law 1994; and
in relation to the Bailiwick of Jersey, an institution within the meaning of article 1(1) of the Banking Business (Jersey) Law 1991, as amended;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 ;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 14 of Resolution 1343 adopted on 7th March 2001;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall,
in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, and
in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999;
“the standard scale” means —
in the application of this Order to the Bailiwick of Guernsey, the uniform scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, and
in the application of this Order to the Bailiwick of Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
“vehicle” means land transport vehicle;
“working day” —
in the application of this Order to the Bailiwick of Guernsey, means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a public holiday in that Bailiwick;
in the application of this Order to the Bailiwick of Jersey, has the same meaning as “business day” for the purposes of Article 1 of the Public Holidays and Bank Holidays (Jersey) Law 1951, as amended.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
Restricted Goods, Technical Assistance and Training
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article or article 4 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in Liberia shall be guilty of an offence unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in Liberia.
2
Nothing in paragraph (1)(b) or (c) above shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the relevant enforcement authority under this article.
Exportation of restricted goods to Liberia
4
Except under the authority of a licence granted by the relevant enforcement authority under this article, it is prohibited to export restricted goods from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey to any destination in Liberia or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in Liberia.
Provision of certain technical assistance or training
5
Any person who, except under the authority of a licence granted by the relevant enforcement authority under this article, directly or indirectly provides to a person in Liberia any technical assistance or training related to the supply, delivery, manufacture, maintenance or use of any restricted goods, shall be guilty of an offence.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted by the relevant enforcement authority under this article, no ship or aircraft to which this article applies, and no vehicle within the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside Liberia to any destination therein.
2
This article applies to ships registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey; or
b
a body incorporated or constituted under the law of the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft —
i
the person to whom the ship or aircraft is for the time being chartered, and
ii
if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside Liberia to any destination therein.
4
Nothing in paragraph (1) above shall apply where the supply or delivery or exportation from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey of the goods concerned to Liberia was authorised by a licence granted by the relevant enforcement authority under article 3 or article 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
General
Customs powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of goods which have been exported from the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purpose of obtaining any licence under this Order 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.
2
Any person who has done any act under the authority of a licence granted by the relevant enforcement authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this Order where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the relevant enforcement authority after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9
1
Any person who is about to leave the Bailiwick of Guernsey or the Bailiwick of Jersey shall, if he is required to do so by a States Revenue Officer —
a
declare whether or not he has with him any restricted goods which are destined for Liberia or for delivery, directly or indirectly, to or to the order of any person in Liberia; and
b
produce any such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his directions, may search that person for the purposes of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article shall be guilty of an offence.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence.
Investigation etc. of suspected ships
10
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of article 6(1), he may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) above is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 13(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) above; or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means the Chief Revenue Officer or a States Revenue Officer or —
a
in respect of the Bailiwick of Guernsey, any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995 as extended to the Bailiwick of Guernsey by the Merchant Shipping (Oil Pollution and General Provisions) (Guernsey) Order 1998 ;
b
in respect of the Bailiwick of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
11
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under this authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
If the aircraft is then in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) request the charterer, operator and the commander of any of them to cause the aircraft and any of its cargo to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provision of article 13(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, that officer or person may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of this authority.
4
In this article —
“authorised officer” means the Chief Revenue Officer, any States Revenue Officer and also, in respect of the Bailiwick of Jersey, the airport director;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
12
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey has been or is being or is about to be used in contravention of article 6 —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under this authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 13(3), where any authorised person or officer as aforesaid has reason to suspect that any request that has been made under paragraph (1)(c) above may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means the Chief Revenue Officer and any States Revenue Officer;
“authorised person” means any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 10 to 12
13
1
No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under article 10, 11 or 12 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom,
ii
the Government of the Isle of Man,
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark,
iv
the States of Jersey, or
v
the government of any territory listed in Schedule 1 to this Order;
c
on the authority of the Attorney General, to any organ of the United Nations or to any person in the service of the United Nations or of the government of any other country for the purpose of assisting the United Nations or that government or in securing compliance with or detecting evasion of measures in relation to Liberia decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Bailiwick in question, for an offence under this Order or in respect of any of the matters regulated by this Order, for an offence under any enactment relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 1 to this Order.
2
Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order —
a
a master of a ship who disobeys any direction given under article 10(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 10, 11 or 12 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master of a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under 10, 11 or 12.
4
Nothing in articles 10 to 13 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
14
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the relevant enforcement authority or, in the case of the Bailiwick of Guernsey, the Chief Revenue Officer or, in the case of the Bailiwick of Jersey, a States Revenue Officer —
a
of evidence or information for the purpose of securing compliance or detecting evasion of
i
this Order in the Bailiwick in question, or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 1 to this Order; and
b
of evidence of the commission —
i
in the Bailiwick in question, of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence relating to customs or,
ii
with respect to any of those matters, of an offence under the law of the other Bailiwick to which this Order applies or the United Kingdom or the Isle of Man or any territory listed in Schedule 1 to this Order.
Investigations by a States Revenue Officer or Chief Revenue Officer
15
Where, in the case of the Bailiwick of Guernsey the Chief Revenue Officer, or in the case of the Bailiwick of Jersey, a States Revenue Officer, investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meanings of section 1(1) of the Customs and Excise (General Provisions (Bailiwick of Guernsey) Law 1972 (in relation to investigations in the Bailiwick of Guernsey) and Article 1(1) of the Customs and Excise (Jersey) Law 1999 (in relation to investigations in the Bailiwick of Jersey).
Penalties and Proceedings
16
1
Any person guilty of an offence under article 3, 5 or 6(3) shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
3
Any person guilty of an offence under article 8(1) or (2), or article 9(3) shall be liable in the Bailiwick of Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years, or to a fine, or to both.
4
Any person guilty of an offence under article 13(3)(a), (b)(i) or (c) or paragraph 5(a) or (c) of Schedule 2 shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both; and
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 4 on the standard scale, or to both.
5
Any person guilty of an offence under article 7 or 9(4) shall be liable —
a
in the Bailiwick of Guernsey on summary conviction to a fine not exceeding level 5 on the standard scale; and
b
in the Bailiwick of Jersey on conviction to a fine not exceeding level 4 on the standard scale.
6
Where any body corporate is guilty of an offence under this Order, 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, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order, shall be instituted in the Bailiwick of Jersey except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue of 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.
Exercise of powers of the relevant enforcement authority
17
The relevant enforcement authority may to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its powers under this Order to any person, or class or description of persons, whom it has approved, and references in this Order to the relevant enforcement authority shall be construed accordingly.
Licences
18
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the NCS Service Authority (Budget Statement) Order 2001 and shall come into force on 1st August 2001.
Interpretation
2
In this Order:
a
“the 1997 Act ” means the Police Act 1997;
b
“ the Authority ” means the NCS Service Authority;
c
“NCS” means the National Crime Squad; and
d
“operating costs” includes any remuneration, including pensions, payable to and in respect of the Authority’s officers and employees, the cost of any accommodation occupied by the Authority and the cost of any services provided to the Authority.
Preparation of budget statement
3
1
In preparing a budget statement for a financial year, the Authority shall, in addition to the matters set out in section 61A(3)(a) to (e) of the 1997 Act, also take account of —
a
the expenditure the Authority estimates it will incur in the year in performing its functions (“operating costs”); and
b
the estimated expenses and allowances payable to the Authority members for the year.
Contents of budget statement
4
1
A budget statement submitted under section 61A(1) of the 1997 Act for a financial year shall contain the following information —
a
a summary of the expenditure which the Director General of NCS estimates will be incurred in connection with NCS in the year;
b
any income which it is estimated will be received in that year, whether by way of charges imposed by the Authority under section 64 of the 1997 Act, or otherwise;
c
the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure;
d
the current and proposed level of borrowing of the Authority;
e
a record of the views expressed by all members of the Authority on the budget statement;
f
the efficiency savings which it is estimated will be made in the year;
g
the Authority’s estimate of its operating costs in the year;
h
the Authority’s estimate of the expenses and allowances payable to its members for the year; and
i
any underspend or overspend estimated for the current year.
2
In addition to the information required by paragraph (1) above to be included in the budget statement, the statement may contain any other information which the Authority believes would assist the Secretary of State in determining the amount of the grant to be made to the Authority under section 62 of the 1997 Act .
Bob Ainsworth
Parliamentary Under-Secretary of State Home Office
5th July 2001


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 2001.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
Floating Rate Treasury Stock 2001
7% Treasury Stock 2002
6½% Treasury Stock 2003
5% Treasury Stock 2004
7¼% Treasury Stock 2007
5¾% Treasury Stock 2009
8% Treasury Stock 2021
6% Treasury Stock 2028
4¼% Treasury Stock 2032.
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd March 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) Order 2001 and comes into force on 18th June 2001 (“the appointed day”).
2
In this Order, except where otherwise specified, references to numbered sections or Schedules are references to sections of, or Schedules to, the Act.
The Financial Services Authority
2
1
On and after the appointed day —
a
paragraphs 1 and 2 of Schedule 7 to the Financial Services Act 1986 (which are superseded by paragraphs 2 to 5 of Schedule 1) cease to apply to the Authority ;
b
the reference to the Authority’s functions in paragraph 5 of Schedule 1 includes its functions as a designated agency under the Financial Services Act 1986; and
c
the reference to the Authority’s legislative functions in that paragraph includes its functions of issuing statements of principle, rules, regulations and codes of practice under that Act.
2
On and after the appointed day, a person who immediately before the appointed day holds office as chairman of, or as a member of, the governing body of the Authority is to be treated as having been appointed under paragraph 2(3) of Schedule 1.
Application of definition of “consumer” to users of regulated services before commencement
3
1
In section 138 (Authority’s general rule-making power), “consumers” means (in addition to persons defined as “consumers” in subsection (7)) persons —
a
who used any of the services provided before commencement by persons who were then regulated persons in carrying on relevant activities;
b
who have rights or interests which are derived from, or are otherwise attributable to, the use of any such services by other persons; or
c
who have rights or interests which may be adversely affected by the use of any such services by persons acting on their behalf or in a fiduciary capacity in relation to them.
2
The definition of “consumers” in paragraph (1) is referred to in this article as “the extended definition”.
3
For the purposes of the extended definition, subsections (8) and (9) of section 138 apply as if —
a
references to an authorised person were references to a regulated person; and
b
references to a regulated activity were references to a relevant activity.
4
In subsection (3) of section 5 (the protection of consumers), subsection (7) of section 10 (the Consumer Panel), and subsection (5) of section 14 (cases in which the Treasury may arrange independent inquiries), in each case —
a
the extended definition applies for the purposes of paragraph (a); and
b
in paragraph (b), the references to “authorised persons” and “regulated activities” are to be treated as including references to regulated persons and relevant activities, respectively.
5
The extended definition also applies for the purposes of subsection (6) of section 186 (objection to acquisition of control) and subsection (11) of section 391 (publication of notices).
6
But the extended definition does not apply for the purposes of paragraph 1 of Schedule 4 (Treaty rights).
7
In this article —
“commencement” means the beginning of the day on which section 19 comes into force;
“regulated person” means —
an authorised person within the meaning of the Financial Services Act 1986;
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 1987 ;
a person who is authorised under section 3 or 4 of the Insurance Companies Act 1982 ;
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 1982 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; or
a building society which is authorised or treated as authorised for the purposes of the Building Societies Act 1986 ;
“relevant activities” means —
in relation to persons falling within sub-paragraph (a), (b), (e) or (f) of the definition of “regulated person”, activities constituting investment business within the meaning of the Financial Services Act 1986;
in relation to persons falling within sub-paragraph (c), (e) or (i) of that definition, activities constituting a deposit-taking business within the meaning of the Banking Act 1987;
in relation to persons falling within sub-paragraph (d) or (g) of that definition, activities constituting insurance business within the meaning of the Insurance Companies Act 1982;
in relation to persons falling within sub-paragraph (h) of that definition, activities constituting insurance business within the meaning of the Friendly Societies Act 1992.
Ombudsman scheme operator: budget
4
1
Paragraph 9(3) of Schedule 17 (which makes provision as to the contents of the scheme operator’s annual budget) does not apply to the scheme operator’s first budget.
2
The scheme operator’s “first budget” is its budget for the financial year during which the appointed day occurs.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 2001


text:
Citation and commencement
1
1
This Order may be cited as the Inner London Court Staff Pensions Order 2001.
2
This Order shall come into force on 1st April 2001.
Continuation of pension scheme membership of inner London court staff
2
1
Such of the following persons as immediately before the making of this Order are regarded as members of the metropolitan civil staffs for the purposes of section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 (pensions of metropolitan civil staffs) shall be regarded as continuing to be such members for those purposes.
2
They are persons who —
a
immediately before the commencement of this Order are members of the inner London court staff, and
b
are employees of the Greater London Magistrates' Courts Authority by virtue of a scheme under paragraph 33 of Schedule 14 to the Access to Justice Act 1999.
3
Where payments are made by the Metropolitan Police Authority under section 15 of the Superannuation (Miscellaneous Provisions) Act 1967 to or in respect of persons who are or have been members of the inner London court staff, the Greater London Magistrates' Courts Authority shall reimburse the Metropolitan Police Authority for those payments and for the administrative cost of making them.
4
In this article “inner London court staff” has the meaning given in paragraph 36(11) of Schedule 14 to the Access to Justice Act 1999.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
Dated 6th March 2001


text:
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In paragraph (7) of regulation 10 of the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000 for the word “chairman” there shall be substituted the words “member presiding”.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
5th March 2001


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Criminal Defence Service (General) (No. 2) Regulations 2001 and shall come into force on the day after the day on which they are made, but regulations 4 and 5 shall have effect from and including 2nd April 2001 as if these Regulations had come into force on that date.
Interpretation
2
In these Regulations:
“ the Act ” means the Access to Justice Act 1999;
“advocacy assistance” means assistance in the form of advocacy;
“advocate” means:
a barrister; or
a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;
“assisted person” means a person in receipt of funded services;
“appropriate officer” means:
in the case of the Crown Court, the court manager;
in the case of a magistrates' court, the justices' clerk; and
in the case of the Court of Appeal, the Courts-Martial Appeal Court or the House of Lords, the registrar of criminal appeals
and, in any case, includes an officer designated by him to act on his behalf in that regard;
“the Commission” means the Legal Services Commission established under section 1 of the Act;
“the Costs Committee” means a committee appointed under arrangements made by the Commission to deal with, inter alia, applications for appeal against, or review of, assessments of costs;
“funded services” means services which are provided directly for an individual and funded for that individual as part of the Criminal Defence Service established under sections 12 to 18 of the Act;
“judge of the court” means, in relation to a magistrates' court, a single justice;
“representation order” means a document granting a right to representation under section 14 of the Act;
“very high cost case” means a case with regard to which:
if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or
the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s fees and disbursements, advocate’s fees, and VAT ); and
“volunteer” means a person who, for the purpose of assisting with an investigation, attends voluntarily at a police station or a customs office, or at any other place where a constable or customs officer is present, or accompanies a constable or customs officer to a police station or a customs office or any other such place, without having been arrested.
PART II
SCOPE
Criminal proceedings
3
1
For the purposes of this regulation, “the 1998 Act ” means the Crime and Disorder Act 1998 .
2
The following proceedings are criminal proceedings for the purposes of section 12(2)(g) of the Act:
a
civil proceedings in a magistrates' court arising from failure to pay a sum due or to obey an order of that court where such failure carries the risk of imprisonment;
b
proceedings under sections 1, 2 and 4 of the 1998 Act relating to anti-social behaviour orders or sex offender orders;
c
proceedings under section 8(1)(b) of the 1998 Act relating to parenting orders made where an anti-social behaviour order or a sex offender order is made in respect of a child;
d
proceedings under section 8(1)(c) of the 1998 Act relating to parenting orders made on the conviction of a child;
e
proceedings under section 9(5) of the 1998 Act to discharge or vary a parenting order made as mentioned in sub-paragraph (c) or (d);
f
proceedings under section 10 of the 1998 Act to appeal against a parenting order made as mentioned in sub-paragraph (c) or (d); and
g
proceedings under sections 14B, 14D, 14G, 14H, 21B and 21D of the Football Spectators Act 1989 (banning orders and references to a court).
3
Proceedings:
a
in the Crown Court, following committal for sentence by a magistrates' court;
b
to quash an acquittal under the Criminal Procedure and Investigations Act 1996 ; and
c
for confiscation and forfeiture in connection with criminal proceedings under RSC Order 115 in Schedule 1 to the Civil Procedure Rules 1998
are to be regarded as incidental to the criminal proceedings from which they arise.
4
Applications for judicial review or habeas corpus relating to any criminal investigations or proceedings are not to be regarded as incidental to such criminal investigations or proceedings.
Advice and assistance — scope
4
The Commission shall fund such advice and assistance, including advocacy assistance, as it considers appropriate in relation to any individual who:
a
is the subject of an investigation which may lead to criminal proceedings;
b
is the subject of criminal proceedings;
c
requires advice and assistance regarding his appeal or potential appeal against the outcome of any criminal proceedings or an application to vary a sentence;
d
requires advice and assistance regarding his sentence;
e
requires advice and assistance regarding his application or potential application to the Criminal Cases Review Commission;
f
requires advice and assistance regarding his treatment or discipline in prison (other than in respect of actual or contemplated proceedings regarding personal injury, death or damage to property);
g
is the subject of proceedings before the Parole Board;
h
requires advice and assistance regarding representations to the Home Office in relation to a mandatory life sentence or other parole review;
i
is a witness in criminal proceedings and requires advice regarding self-incrimination; or
j
is a volunteer.
Advice and assistance — financial eligibility
5
1
The following advice and assistance may be granted without reference to the financial resources of the individual:
a
all advice and assistance provided to an individual who is arrested and held in custody at a police station or other premises;
b
all advocacy assistance before a magistrates' court or the Crown Court;
c
all advice and assistance provided by a court duty solicitor in accordance with his contract with the Commission;
d
all advice and assistance provided to a volunteer during his period of voluntary attendance; and
e
all advice and assistance provided to an individual being interviewed in connection with a serious service offence.
2
For the purposes of paragraph (1), a serious service offence is an offence under the Army Act 1955 , the Air Force Act 1955 or the Naval Discipline Act 1957 which cannot be dealt with summarily.
3
Advocacy assistance may be granted to an individual regarding his treatment or discipline in prison (other than in respect of actual or contemplated proceedings regarding personal injury, death or damage to property), or where he is the subject of proceedings before the Parole Board, if his weekly disposable income does not exceed £186 and his disposable capital does not exceed £3,000.
4
Except where paragraph (1) applies, the Commission, or a person acting on behalf of the Commission where such function has been delegated in accordance with section 3(4) of the Act, shall determine the financial eligibility of the individual in accordance with the following paragraphs.
5
Except where paragraph (1) or (3) applies, an individual is eligible for advice and assistance if his weekly disposable income does not exceed £87 and his disposable capital does not exceed £1,000.
6
The Commission shall assess the disposable income and disposable capital of the individual and, where appropriate, of any person whose financial resources may be treated as those of the individual, in accordance with Schedule 1 to these Regulations.
7
Where the Commission is satisfied that any person whose disposable income is to be assessed under paragraph (6) is directly or indirectly in receipt of any qualifying benefit, it shall take that person’s disposable income as not exceeding the sum for the time being specified in paragraph (3) or (5), as appropriate.
8
The following are qualifying benefits for the purposes of paragraph (7):
a
income support;
b
income-based jobseeker’s allowance;
c
working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week; and
d
disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 per week.
9
Where the Commission is satisfied that any person whose disposable capital is to be assessed in accordance with paragraph (3) is directly or indirectly in receipt of income support or income-based jobseeker’s allowance, it shall take that person’s disposable capital as not exceeding the capital sum for the time being specified in paragraph (3).
PART III
APPLICATIONS FOR REPRESENTATION ORDERS
Representation order
6
1
Any application for the grant of a representation order shall be made on form A in Schedule 2 to these Regulations and, subject to regulation 10(5) and (6), the date of any representation order shall be the date upon which such form, properly completed, is received in accordance with these Regulations.
2
Any application for the grant of a representation order in respect of the proceedings mentioned in section 12(2)(a) to (f) of the Act shall be made in accordance with regulations 8, 9 and 10.
3
Any application for the grant of a representation order in respect of the proceedings mentioned in regulation 3(2) (criminal proceedings for the purposes of section 12(2)(g) of the Act):
a
shall be made to the Commission; and
b
may be granted only by the Commission or a person acting on behalf of the Commission where such function has been delegated in accordance with section 3(4) of the Act.
4
Where an application under paragraph (3) is refused, the Commission shall provide to the applicant:
a
written reasons for the refusal; and
b
details of the appeal process.
5
Where the person who requires representation is aged less than 17, the application for the grant of a representation order may be made by his parent or guardian on his behalf.
6
The appropriate officer of each court shall keep a record of every application to that court for a representation order, and of its outcome.
7
The appropriate officer shall send to the Lord Chancellor such information from the record mentioned in paragraph (6) as the Lord Chancellor may request.
General power to grant representation
7
The court, a judge of the court, or the registrar of criminal appeals may grant a representation order at any stage of the proceedings in the circumstances set out in these Regulations whether or not an application has been made for such an order.
Proceedings in a magistrates' court
8
1
Other than where regulation 6(3) applies, an application for a representation order in respect of proceedings in a magistrates' court may be made:
a
orally or in writing to the court; or
b
in writing to the appropriate officer.
2
Where an application is made to the court, it may refer it to the appropriate officer for determination.
3
Where an application is refused, the appropriate officer shall provide to the applicant:
a
written reasons for the refusal; and
b
details of the appeal process.
Proceedings in the Crown Court
9
1
Other than where regulation 6(3) applies, an application for a representation order in respect of proceedings in the Crown Court may be made:
a
orally or in writing to the Crown Court;
b
in writing to the appropriate officer of that court;
c
orally or in writing to a magistrates' court at the conclusion of any proceedings in that magistrates' court;
d
orally or in writing to a magistrates' court inquiring into the offence as examining justices or sending for trial under section 51 of the Crime and Disorder Act 1998 ;
e
where a magistrates' court has been given a notice of transfer under section 4 of the Criminal Justice Act 1987 (serious fraud cases), in writing to the appropriate officer of that magistrates' court;
f
in the case of an appeal to the Crown Court from a magistrates' court, in writing to the appropriate officer of that magistrates' court;
g
where the applicant was granted a representation order for proceedings in a magistrates' court and was committed for trial in the Crown Court under section 6(2) of the Magistrates' Courts Act 1980 , in writing to the appropriate officer of the magistrates' court ordering the committal; and
h
in the case of a retrial ordered under section 7 of the Criminal Appeal Act 1968 , orally or in writing to the court ordering the retrial.
2
An application for a representation order in respect of representations to the High Court against a voluntary bill of indictment may be made:
a
in writing to the appropriate officer of the Crown Court; or
b
orally to the judge considering the voluntary bill
and where any such order is granted it shall also apply to any proceedings to which the applicant is indicted.
3
Where an application is made to the court, it may refer it to the appropriate officer for determination.
4
Where an application is refused, the appropriate officer shall provide to the applicant:
a
written reasons for the refusal; and
b
details of the appeal process.
Proceedings in the Court of Appeal (Criminal Division) and the House of Lords
10
1
An application for a representation order in respect of proceedings in the Court of Appeal or the House of Lords may be made:
a
orally to the Court of Appeal, or a judge of the court; or
b
in writing to the Court of Appeal, a judge of the court, or the registrar of criminal appeals (“ the registrar”).
2
Where an application is made to the court, it may refer it to a judge or the registrar for determination.
3
Where an application is made to a judge, he may refer it to the registrar for determination.
4
The registrar may:
a
grant the application; or
b
refer it to the court or a judge of the court.
5
A representation order shall not be granted until notice of leave to appeal has been given in respect of the proceedings which are the subject of the application.
6
Where a representation order is granted in respect of proceedings in the Court of Appeal, a judge or the registrar may specify the stage of the proceedings at which the representation order shall take effect.
7
The House of Lords may not grant a representation order in respect of any proceedings.
PART IV
SELECTION OF REPRESENTATIVE
Representation in magistrates' courts and some Crown Court proceedings
11
1
The right conferred by section 15(1) of the Act, as regards representation in respect of any proceedings to which this regulation applies, shall be exercisable only in relation to those representatives who are:
a
employed by the Commission to provide such representation; or
b
authorised to provide such representation under a crime franchise contract with the Commission which commences on or after 2nd April 2001 and specifies the rate of remuneration for such representation.
2
This regulation applies to:
a
any criminal proceedings in a magistrates' court;
b
any proceedings in the Crown Court mentioned in regulation 3(2);
c
any appeal by way of case stated from a magistrates' court; and
d
any proceedings which are preliminary or incidental to proceedings mentioned in sub-paragraphs (a) to (c).
3
This regulation does not apply to proceedings referred to in section 12(2)(f) of the Act (proceedings for contempt in the face of a court).
Advocates in magistrates' courts
12
1
A representation order for the purposes of proceedings before a magistrates' court may only include representation by an advocate in the case of:
a
any indictable offence, including an offence which is triable either way; or
b
proceedings under section 9 of, or paragraph 6 of Schedule 1 to, the Extradition Act 1989
where the court is of the opinion that, because of circumstances which make the proceedings unusually grave or difficult, representation by both a solicitor and an advocate would be desirable.
2
A representation order for the purposes of proceedings before a magistrates' court may not include representation by an advocate other than as provided in paragraph (1).
Representation in the Crown Court, Court of Appeal (Criminal Division) and House of Lords
13
1
Subject to paragraph (2) and regulation 11, the right conferred by section 15(1) of the Act, as regards representation in respect of any proceedings in the Crown Court (other than proceedings mentioned in regulation 3(2)), Court of Appeal or House of Lords, shall be exercisable only in relation to those representatives who are:
a
employed by the Commission to provide such representation; or
b
authorised to provide such representation under a crime franchise contract with the Commission.
2
Where the Commission has determined that representation in a very high cost serious fraud case shall be provided by members of the Serious Fraud Panel, such right shall be limited to representatives who are for the time being members of that Panel.
3
For the purposes of this regulation:
a
a very high cost serious fraud case is a very high cost case with regard to which the offence with which the defendant is charged is primarily or substantially founded on allegations of fraud or other serious financial impropriety, or involves complex financial transactions; and
b
the Serious Fraud Panel is a panel of solicitors appointed under arrangements made by the Commission to deal with such cases.
4
This regulation does not apply to any proceedings referred to in section 12(2)(f) of the Act.
Advocates in the Crown Court, Court of Appeal (Criminal Division) and House of Lords
14
1
A representation order may provide for the services of a Queen’s Counsel or of more than one advocate in respect of the whole or any specified part of any proceedings only in the cases specified and in the manner provided for by the following paragraphs of this regulation; and in this regulation “junior counsel” means any advocate other than a Queen’s Counsel.
2
Subject to paragraphs (3) to (9), a representation order may provide for the services of a Queen’s Counsel or of more than one advocate in any of the following terms:
a
a Queen’s Counsel alone;
b
where two advocates are required:
i
a Queen’s Counsel with a junior counsel;
ii
a Queen’s Counsel with a noting junior counsel;
iii
two junior counsel; or
iv
a junior counsel with a noting junior counsel;
c
where three advocates are required:
i
in any of the terms provided for in sub-paragraph (b) plus an extra junior counsel; or
ii
in any of the terms provided for in sub-paragraph (b) plus an extra noting junior counsel.
3
A representation order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(a) if and only if:
a
in the opinion of the court the case for the assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented except by a Queen’s Counsel; and
b
either:
i
a Queen’s Counsel or senior Treasury counsel has been instructed on behalf of the prosecution; or
ii
the case for the assisted person is exceptional compared with the generality of cases involving similar offences.
4
A representation order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(b)(iii) or (iv) if and only if:
a
in the opinion of the court the case for the assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented by a single advocate; and
b
either:
i
two or more advocates have been instructed on behalf of the prosecution;
ii
the case for the assisted person is exceptional compared with the generality of cases involving similar offences;
iii
the number of prosecution witnesses exceeds 80; or
iv
the number of pages of prosecution evidence exceeds 1,000
and for this purpose the number of pages of prosecution evidence shall include all witness statements, documentary and pictorial exhibits and records of interview with the assisted person and with other defendants forming part of the committal documents or included in any notice of additional evidence.
5
A representation order relating to proceedings in the Crown Court may be made in the terms of paragraph (2)(b)(i) or (ii) if and only if:
a
in the opinion of the court the case for the assisted person involves substantial novel or complex issues of law or fact which could not be adequately presented except by a Queen’s Counsel assisted by junior counsel; and
b
either:
i
the case for the assisted person is exceptional compared with the generality of cases involving similar offences; or
ii
a Queen’s Counsel or senior Treasury counsel has been instructed on behalf of the prosecution and one of the conditions in paragraph (4)(b)(i), (iii) or (iv) is satisfied.
6
A representation order may be made in the terms of paragraph (2)(c) if and only if:
a
the proceedings arise from a prosecution brought by the Serious Fraud Office;
b
the court making the order considers that three advocates are required; and
c
in the case of proceedings in the Crown Court, the conditions in paragraph (4) or (5) are satisfied.
7
The fact that a Queen’s Counsel has been or is proposed to be assigned under this regulation shall not by itself be a reason for making an order in any of the terms provided for by paragraph (2)(b) or (c).
8
Where a Queen’s Counsel has been or is proposed to be assigned under this regulation, no order in any of the terms provided for by paragraph (2)(b) or (c) shall be made where the case relates to an appeal to the Court of Appeal or to the House of Lords and it appears to the court at the time of making the order that representation can properly be undertaken by a Queen’s Counsel alone.
9
No order shall be made or amended so as to provide for representation:
a
in the terms of paragraph (2)(b) unless the court making the order is of the opinion that the assisted person could not be adequately represented under an order in the terms of paragraph (2)(a);
b
in the terms of paragraph (2)(b)(i) unless the court making the order is of the opinion that the assisted person could not be adequately represented under an order in the terms of paragraph (2)(b)(ii), (iii) or (iv);
c
in the terms of paragraph (2)(b)(ii) unless the court making the order is of the opinion that the assisted person could not be adequately represented under an order in the terms of paragraph (2)(b)(iii) or (iv);
d
in the terms of paragraph (2)(b)(iii) unless the court making the order is of the opinion that the assisted person could not be adequately represented under an order in the terms of paragraph (2)(b)(iv);
e
in any of the terms provided for by paragraph (2)(c)(i) unless the court making the order is of the opinion that the assisted person could not be adequately represented under the corresponding order under paragraph (2)(c)(ii).
10
Every application for a representation order in any of the terms provided for by paragraph (2), or for an amendment under paragraph (15), shall be in writing specifying:
a
the terms of the order sought and the grounds of the application; and
b
which of the conditions in paragraphs (3), (4), (5), (6) and (9) is relied upon in support of the order sought, and on what grounds it is contended that each such condition is fulfilled.
11
A court may, before making a representation order in the terms provided for by paragraph (2) or amending the order under paragraph (15), require written advice from any advocate already assigned to the applicant on the question of what representation is needed in the proceedings.
12
A court making a decision whether to make an order under paragraph (2) or to amend an order under paragraph (15) shall make annotations to the written application under paragraph (10), stating whether each of the conditions relied upon in support of the order made or sought is fulfilled.
13
Subject to paragraph (14), a decision to make or amend a representation order so as to provide for the services of a Queen’s Counsel or of more than one advocate may only be made:
a
in the course of a trial or of a preliminary hearing, pre-trial review or pleas and directions hearing, by the judge presiding at that trial or hearing;
b
where the proceedings are in the Crown Court, by a High Court judge, the resident judge of the Crown Court or (in the absence of the resident judge) a judge nominated for that purpose by the presiding judge of the circuit; or
c
where the proceedings are in the Court of Appeal, by the registrar, a High Court judge or a judge of the Court of Appeal.
14
A magistrates' court which may grant a representation order as respects any proceedings in the Crown Court by virtue of these Regulations may make:
a
a representation order providing for the services of a Queen’s Counsel without a junior counsel where the proceedings are a trial for murder and the order is made upon committal, transfer or sending for trial; or
b
a representation order providing for the services of a Queen’s Counsel with one junior counsel where the prosecution is brought by the Serious Fraud Office and the order is made upon receiving a notice of transfer under section 4 of the Criminal Justice Act 1987
but shall have no other power to make an order under this regulation.
15
In proceedings to which paragraph (3), (4), (5) or (6) applies, a representation order may be amended:
a
in any terms provided for by paragraph (2) in accordance with the provisions of this regulation; or
b
to provide for representation by one junior counsel only.
16
In every case in which a representation order is made under this regulation for the provision of funded services in terms provided for by paragraph (2)(b) or (c), it shall be the duty of:
a
each representative:
i
to keep under review the need for more than one advocate to be present in court or otherwise providing services; and
ii
to consider whether the representation order should be amended as provided for in paragraph (15);
b
Queen’s Counsel, where the services of a Queen’s Counsel are provided, to keep under review the question whether he could act alone.
17
It shall be the duty of each representative, if of the opinion that the representation order should be amended as provided for in paragraph (15), to notify that opinion in writing:
a
to the other representatives for the assisted person; and
b
to the court
and the court shall, after considering the opinion and any representations made by any other representatives for the assisted person, determine whether and in what manner the representation order should be amended.
15
The court may grant a representation order for representation by an advocate alone:
a
in any proceedings referred to in section 12(2)(f) of the Act;
b
in respect of an appeal to the Court of Appeal or the Courts-Martial Appeal Court; or
c
in cases of urgency where it appears to the court that there is no time to instruct a solicitor:
i
in respect of an appeal to the Crown Court; or
ii
in proceedings in which a person is committed to or appears before the Crown Court for trial or sentence, or appears or is brought before that court to be dealt with.
Change of representative
16
1
Where a representation order has been granted an application may be made to the court before which the proceedings are heard to select a representative in place of a representative previously selected, and any such application shall state the grounds on which it is made.
2
The court may:
a
grant the application where:
i
the representative considers himself to be under a duty to withdraw from the case in accordance with his professional rules of conduct and, in such a case, the representative shall provide details of the nature of such duty;
ii
there is a breakdown in the relationship between the assisted person and the representative such that effective representation can no longer be provided and, in such a case, the representative shall provide details of the nature of such breakdown;
iii
through circumstances beyond his control, the representative is no longer able to represent the assisted person; or
iv
some other substantial compelling reason exists; or
b
refuse the application.
PART V
WITHDRAWAL OF REPRESENTATION
17
1
The court before which the proceedings are heard, or, in respect of any proceedings mentioned in regulation 3(2), the Commission, must consider whether to withdraw the representation order in any of the following circumstances:
a
where any charge or proceedings against the assisted person are varied, the court or the Commission, as appropriate, must consider whether the interests of justice continue to require that he be represented in respect of the varied charge or proceedings;
b
where the assisted person declines to accept a representation order in the terms which are offered;
c
at the request of the assisted person; or
d
where the representative named on the representation order declines to continue to represent the assisted person.
2
Where representation is withdrawn, the appropriate officer or the Commission, as appropriate, shall provide written notification to the assisted person and to the solicitor (or, where there was no solicitor assigned, to the advocate), who shall inform any assigned advocate (or, where notification is given to the advocate, any other assigned advocate).
3
On any subsequent application by the assisted person for a representation order in respect of the same proceedings, he shall declare the previous withdrawal of representation and the reason for it.
PART VI
MISCELLANEOUS
Transfer of documents
18
Where an individual is committed or sent for trial by a lower court to a higher court, or appeals or applies for leave to appeal from a lower court to a higher court, the appropriate officer of the lower court shall send to the appropriate officer of the higher court the following documents:
a
a copy of any representation order previously made in respect of the same proceedings; and
b
a copy of any application for a representation order which has been refused.
Authorisation of expenditure
19
1
Where it appears to the solicitor necessary for the proper conduct of proceedings in the Crown Court for costs to be incurred under the representation order by taking any of the following steps:
a
obtaining a written report or opinion of one or more experts;
b
employing a person to provide a written report or opinion (otherwise than as an expert);
c
obtaining any transcripts or recordings; or
d
performing an act which is either unusual in its nature or involves unusually large expenditure
he may apply to the Costs Committee for prior authority to do so.
2
The Commission may authorise a person acting on behalf of the Costs Committee to grant prior authority in respect of any application made under paragraph (1).
3
Where the Costs Committee or a person acting on its behalf authorises the taking of any step specified in paragraph (1), it shall also authorise the maximum to be paid in respect of that step.
20
A representative assigned to an assisted person in any proceedings in the Crown Court may apply to the court for prior authority for the incurring of travelling and accommodation expenses in order to attend at the trial or other main hearing in those proceedings.
21
1
No question as to the propriety of any step, or as to the amount of the payment within the maximum authorised, with regard to which prior authority has been given under regulation 19 or 20 or under any contract, shall be raised on any determination of costs unless the representative knew or should reasonably have known that the purpose for which it was given had become unnecessary.
2
Payment may be allowed on a determination of costs in respect of any step with regard to which prior authority may be given, notwithstanding that no such authority was given or that the maximum authorised was exceeded.
Restriction on payment
22
Where a representation order has been made, the assisted person’s solicitor or advocate shall not receive or be a party to the making of any payment for work done in connection with the proceedings in respect of which the representation order was made except such payments as may be made:
a
by the Lord Chancellor or the Commission; or
b
in respect of any expenses or fees incurred in:
i
preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise; or
ii
obtaining any transcripts or recordings
where an application for an authority to incur such fees or expenses has been refused by the Costs Committee.
Notification of very high cost cases
23
1
This regulation applies to very high cost cases where funded services are provided.
2
Any solicitor who has conduct of a case which is a very high cost case shall notify the Commission in writing accordingly as soon as is practicable.
3
Where a solicitor fails to comply with the provisions of this regulation without good reason, and as a result there is a loss to public funds, the court or Costs Committee, as appropriate, may refuse payment of his costs up to the extent of such loss.
4
No payment under paragraph (3) shall be refused unless the solicitor has been given a reasonable opportunity to show why it should not be refused.
Duty to report abuse
24
Notwithstanding the relationship between or rights of a representative and client or any privilege arising out of such relationship, where the representative for an applicant or assisted person knows or suspects that that person:
a
has intentionally failed to comply with any provision of regulations made under the Act concerning the information to be furnished by him; or
b
in furnishing such information has knowingly made a false statement or false representation
the representative shall immediately report the circumstances to the Commission.
Revocation
25
The Criminal Defence Service (General) Regulations 2001 are revoked.
Signed by the authority of the Lord Chancellor
Willy Bach
Parliamentary Secretary,
Lord Chancellor’s Department
11th April 2001


text:
1
This Order may be cited as the General Teaching Council for England (Additional Functions) (Amendment) Order 2001 and shall come into force on 1st June 2001.
2
The General Teaching Council for England (Additional Functions) Order 2000 shall be amended as follows —
a
in article 2, at the appropriate place, there shall be inserted:
“national numeracy test” means the national test for teacher training candidates in numeracy, being a standard determined by the Secretary of State under regulation 13 of the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 ;
; and
“performance threshold” means the professional standards from time to time determined by the Secretary of State and set out in Annex 1 of the School Teachers' Pay and Conditions Document 2000 , against which classroom teachers are assessed to determine whether they have passed the threshold for the purpose of calculating their pay;
;
b
in article 3(3), after “this order” there shall be inserted —
for such period (if any) as is specified in that Part and
;
c
in Part II of the Schedule, for paragraph 8 there shall be substituted the following:
8
If known, the teacher’s national insurance number.
;
d
in Part II of the Schedule, after paragraph 17, there shall be inserted —
17A
If known, an indication of whether the teacher has passed the performance threshold, the date on which he passed it and the school at which he was employed when he passed the performance threshold.
;
e
in Part II of the Schedule, after paragraph 18, sub-paragraph (2), there shall be inserted —
3
Where the teacher gained Qualified Teacher Status between 1 May 2000 and 30 April 2001 and has not yet passed or failed an induction period, if known, an indication of whether the teacher has passed the national numeracy test and if he has not, the number of attempts the teacher has made at the test.
; and
f
in Part II of the Schedule, after paragraph 23 there shall be inserted —
23A
The terms of any disciplinary order, other than a reprimand, for the time being in force, made by the Council or the General Teaching Council for Wales.
23B
The terms of any reprimand issued by the Council or the General Teaching Council for Wales, for a period of two years from the date the reprimand was issued.
.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
28th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greater Derby Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Greater Derby 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 Greater Derby Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Southern Derbyshire 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 Southern Derbyshire 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 Community Health Services, Southern Derbyshire National Health Service Trust make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newbury and Community Primary Care Trust (Establishment) Order 2001 and shall come into force on 20th 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 Newbury and Community 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 Newbury and Community Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Berkshire 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 Berkshire 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 Berkshire Priority Care Service National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
12th February 2001