type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security (Reduced Rates of Class 1 Contributions) (Salary Related Contracted-out Schemes) Order 2001 and shall come into force on 6th April 2002.
Alteration of reduced rates of Class 1 contributions
2
In section 41 of the Pension Schemes Act 1993 and section 37 of the Pension Schemes (Northern Ireland) Act 1993 (reduced rates of Class 1 contributions) in subsection (1B) for “3 per cent”, substitute “3.5 per cent”.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
3rd April 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Firemen’s Pension Scheme (Pension Sharing) Order 2001 and shall have effect from 1st December 2000.
2
This Order extends to England and Wales only.
Amendment of the Pension Scheme Regulations
2
The Firemen’s Pension Scheme set out in Schedule 2 to the Firemen’s Pension Scheme Order 1992 shall be amended in accordance with the Schedule to this Order.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
12th November 2001
We consent to the making of this Order
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
13th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001 and shall come into force on 6th April 2001.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“approved pension arrangement” means a pension scheme —
which is an “approved pension arrangement” as defined in section 660A(11) , and
under which all the benefits that may be provided are money purchase benefits;
“authorised unit trust scheme” means a unit trust scheme in the case of which an order under section 78 of the Financial Services Act 1986 is in force;
“the Board” means the Commissioners of Inland Revenue;
“commercial property” includes land;
“company” means any body corporate or unincorporated association, but does not include a partnership;
“depositary interest” means the rights of the person mentioned in paragraph (b) of this definition under a certificate or other record (whether or not in the form of a document) which acknowledges —
that a person holds relevant investments or evidence of the right to them, and
that another person is entitled to rights in or in relation to those or identical relevant investments, including the right to receive such investments, or evidence of the right to them or the proceeds from such investments, from the person mentioned in paragraph (a);
“deposit-taker” has the meaning given by section 481(2) ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 , as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the EEA Agreement;
“employee” includes the holder of an office;
“employer” in relation to a scheme —
means an employer who, by virtue of the governing instrument, is entitled to pay contributions to the scheme, and
includes a person under whom an office is held;
“feeder fund” means a feeder fund within the meaning (and complying with the requirements) of paragraph 2 of Part I of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (including a constituent part of an umbrella personal pension unit trust which is regarded as a feeder fund for the purposes of those Regulations);
“governing instrument” in relation to a scheme means a trust deed, or other document by which the scheme is established, and any other document which contains provisions by which the administration of the scheme is governed;
“insurance company” has the meaning given by section 431(2) ;
“investment company with variable capital” has the meaning given by regulation 3(2) of the Open-Ended Investment Companies (Investment Companies with Variable Capital) Regulations 1996 ;
“member” in relation to —
a personal pension scheme has the meaning given by section 630(1),
an approved pension arrangement falling within Chapter I of Part XIV of the Taxes Act , has the same meaning as “scheme member” in section 611(6)(a) and (b), and
an approved pension arrangement approved under Chapter III of Part XIV of the Taxes Act, means an individual referred to in section 618(2);
“open-ended investment company” except in relation to the phrase “qualifying EEA open-ended investment company” —
has the meaning given by section 468(10) , and
also includes a UCITS situated in a member state other than the United Kingdom which has been authorised by the competent authorities of that member state and is a recognised scheme;
“personal pension scheme” has the meaning given by section 630(1) , and “scheme” shall be construed accordingly;
“personal pension unit trust” means a personal pension scheme which is an authorised unit trust scheme of a kind mentioned in Part I of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1997;
“pooled fund” in relation to a personal pension scheme means a fund —
which is open to the public and is described in the documents relating to the scheme as being a fund open to all members,
in relation to the management of which the scheme administrator is not required to consult with any member of the scheme except to the extent that an investment offers choices that are available to any person (whether or not a member of the scheme), and
the value of which is applied to all members and not segregated among certain members or linked to certain members by reason of particular assets comprised in the fund;
“qualifying EEA investment company” means a company —
which is formed under the law of an EEA State and complies with the requirements specified in section 266(2) of the Companies Act 1985 ,
which may lawfully offer its shares to the public in an EEA State, and
in relation to which, on the basis of its last published annual accounts, the ratio between the company’s loan capital and the value of its ordinary shares is 50 per cent. or less;
“qualifying EEA open-ended investment company” means an open-ended investment company within the meaning given by section 75(8) of the Financial Services Act 1986 which —
is formed under the law of an EEA State,
is not a UCITS, and
may lawfully offer its shares to the public in an EEA State;
“qualifying UK investment company” means an investment company within the meaning of section 266 of the Companies Act 1985 —
which is incorporated in the United Kingdom, and
in relation to which, on the basis of its last published accounts, the ratio between the company’s loan capital and the value of its ordinary shares is 50 per cent. or less;
“recognized futures exchange” has the meaning given by section 288(6) of the Taxation of Chargeable Gains Act 1992 ;
“recognised scheme” has the meaning given by section 86 of the Financial Services Act 1986;
“recognised stock exchange” has the meaning given by section 841;
“relevant investments” in relation to the definition of “depositary interest” means investments listed in the Schedule to these Regulations as investments which are permitted to be held by a self-invested personal pension scheme;
“residential property” means property normally used, or adapted for use, as one or more dwellings;
“scheme administrator” means the person referred to in section 638(1);
“self-invested personal pension scheme” has the meaning given by regulation 3;
“the Taxes Act” means the Income and Corporation Taxes Act 1988;
“UCITS” means an undertaking for collective investment in transferable securities within the meaning of Article 1 of Council Directive 85/611 ;
“umbrella personal pension unit trust” means a personal pension unit trust which is constituted as an umbrella fund within the meaning of the Financial Services (Regulated Scheme) Regulations 1991 ;
“unauthorised unit trust” has the meaning given by paragraph 2(4) of Schedule 10 to the Finance Act 1996 ;
“unit trust scheme” has the meaning given by section 75(8) of the Financial Services Act 1986;
“51 per cent. subsidiary” has the meaning given by section 838.
2
For the purposes of these Regulations and subject to paragraph (3), any question whether a person is connected with another person shall be determined in accordance with section 839 .
3
A person shall not be regarded as connected with another person for the purposes of these Regulations where the connection arises as a result of a transaction entered into in the course of normal investment management by a scheme in relation to a fund that is a pooled fund.
4
References in these Regulations to a freehold or leasehold interest in commercial or residential property include, as respects Scotland, the estate or interest of the proprietor of the dominium utile or, in the case of property other than feudal property, of the owner of such property, and the interest of a tenant in such property subject to a lease.
5
In these Regulations references to a particular provision, without more, are references to that provision of the Taxes Act.
Definition of self-invested personal pension scheme
3
1
In these Regulations “self-invested personal pension scheme” means a personal pension scheme the arrangement made in accordance with which by a member —
a
are arrangements under which the member is able to direct the manner in which some or all of the contributions paid to the scheme are to be invested by the scheme administrator, and
b
are not arrangements falling within paragraph (2).
2
Arrangements fall within this paragraph if they are either —
a
arrangements under which —
i
all the investments held for the purposes of the scheme comprise contracts or policies of insurance, units in unit trust schemes or shares in open-ended investment companies, and
ii
in managing those investments, the scheme administrator does not consult with any member of the scheme except to the extent necessary by virtue of the investment offering choices that are available to any person (whether or not a member of the scheme); or
b
arrangements under which —
i
all contributions paid are, after deduction of expenses, invested in deposits with deposit-takers, and
ii
the payment of interest on those deposits comprises the only income of the scheme from its investments.
Definition of individual pension account
4
1
For the purposes of regulations 6(2) and 7(4) “individual pension account” means an account within which investments may be held and which satisfies the following conditions.
2
The first condition is that the funds of the account consist only of —
a
monies received from the trustees, managers or administrators of approved pension arrangements, or monies held for the purposes of approved pension arrangements that are designated to be held within the account, and
b
income and gains arising from those monies when held as funds of the account.
3
The second condition is that any monies so received consist of one or more of the following —
a
contributions to an approved pension arrangement by a member, or the employer of a member, of that approved pension arrangement,
b
amounts transferred to an approved pension arrangement from another approved pension arrangement,
c
minimum contributions referred to in section 638(6)(c) ,
d
minimum payments within the meaning given by section 8(2) of the Pension Schemes Act 1993 .
4
The third condition is that the funds and other assets of the account —
a
are held —
i
by the trustees, managers or administrators of the approved pension arrangements whose members subscribe to the account as account holders, and
ii
on behalf of the individual account holders as beneficial owners subject to the account rules, or
b
in the case of assets consisting of units in a personal pension unit trust or, where the personal pension unit trust is an umbrella personal pension unit trust, in the respective parts of the umbrella personal pension unit trust —
i
are registered in the names of the individual account holders, and
ii
are issued subject to the terms of the trust deed and the rules constituting the personal pension unit trust.
5
The fourth condition is that the funds and other assets of the account are used only to provide benefits for individual account holders under approved pension arrangements and subject to the limits and rules of those approved pension arrangements.
6
The fifth condition is that the assets of the account, other than cash awaiting investment, consist of one or more of the following investments —
a
units in an authorised unit trust scheme or in a unit trust scheme that is a recognised scheme,
b
shares in a qualifying EEA open-ended investment company,
c
units in a UCITS formed under the laws of a member state other than the United Kingdom which has been authorised by the competent authorities of that member state and is a recognised scheme,
d
shares in a body corporate which is a qualifying UK investment company,
e
shares in a body corporate which is a qualifying EEA investment company,
f
shares in an investment company with variable capital, and
g
investments falling within paragraph 3 of Part I of Schedule I to the Financial Services Act 1986 (Government and public securities).
7
The sixth condition is that, where monies are received by the account that comprise an individual’s investment in more than one approved pension arrangement, the amount relating to each approved pension arrangement is separately identified by the administrator of the account.
8
The seventh condition is that, whenever required to do so by an officer of the Board, the administrator of the account has provided to that officer the following information —
a
the names of individuals who are the account holders,
b
details of the approved pension arrangements of which those individuals are members,
c
the amount of the funds, and the description and value of the assets, held on behalf of each account holder,
d
the amount of income and gains accruing to each account holder from funds and assets held on that individual’s behalf,
e
transfers of funds to another individual pension account on behalf of an account holder.
9
The eighth condition is that, whenever required to do so by an officer of the Board, the administrator of the account has enabled that officer to audit and inspect all aspects of the management and administration of the account, including records and systems relating to the management or administration of the account.
10
The reference in paragraph (6)(a) to units in an authorised unit trust scheme, where the authorised unit trust scheme is an umbrella personal pension unit trust that is constituted as a feeder fund or comprises feeder funds, comprises both the units in the feeder fund or feeder funds that are issued to the individual account holder and the underlying units held by the feeder fund or feeder funds.
Restrictions on discretion to approve — general
5
Regulations 6 to 10 impose, subject to regulation 11, restrictions on the Board’s discretion to approve personal pension schemes under Chapter IV of Part XIV of the Taxes Act.
Restriction on investments — self-invested personal pension schemes
6
1
No investments may be held directly or indirectly for the purposes of a self-invested personal pension scheme other than the investments listed in the Schedule to these Regulations.
2
Investments listed in the Schedule that are also specified in regulation 4(6) may be held within an individual pension account.
3
Subject to paragraphs (4) to (8), no amount may be borrowed by a self-invested personal pension scheme for any purpose.
4
A self-invested personal pension scheme may borrow an amount towards the purchase of a freehold or leasehold interest in commercial property to be held directly or indirectly as an investment for the purposes of the scheme, or towards the development of commercial property held directly or indirectly as an investment for the purposes of the scheme, but the amount borrowed —
a
must not exceed 75 per cent. of the purchase price of the property concerned, or 75 per cent. of the costs of any development,
b
must be secured only on that property or on any other asset of the scheme, and
c
where the property is subsequently sold, must be repaid on completion of the sale of the property.
5
A self-invested personal pension scheme may borrow an amount to defray any liability to VAT arising on the purchase or development of commercial property in accordance with paragraph (4), but the period over which the amount is borrowed must not exceed —
a
the period commencing on the date on which the purchase or development of the property is completed and ending on the day that is 12 weeks after that date, or
b
the period commencing on the date on which the purchase or development of the property is completed and ending on the day on which the amount of the liability to VAT is refunded to the purchaser,
whichever is the shorter.
6
A self-invested personal pension scheme may borrow an amount (“a replacement loan”) to replace a loan falling within paragraph (4).
7
The amount of a replacement loan must not exceed the amount outstanding, as at the date on which the replacement loan is made, of the loan that is replaced.
8
In this regulation —
a
references to the purchase price of commercial property include references to legal and other costs incidental to the purchase of the property;
b
references to the development of commercial property include references to —
i
the erection of, or extensions to, buildings, or
ii
the refurbishment or renovation of, or any other improvements to, buildings.
Restriction on investments — personal pension schemes other than self-invested personal pension schemes
7
1
This regulation applies to personal pension schemes other that self-invested personal pension schemes.
2
None of the assets specified in paragraph (3) may be held directly or indirectly as an investment by a personal pension scheme.
3
The assets specified in this paragraph are —
a
any personal chattels other than choses in action (or, in Scotland, any movable property other than incorporeal movable property);
b
any residential property other than that specified in paragraph (5).
4
Assets which a personal pension scheme is not restricted under paragraph (2) or (3) from holding as an investment and which are also specified in regulation 4(6) may be held within an individual pension account.
5
The residential property specified in this paragraph is —
a
property which is, or is to be, occupied by an employee, whether or not a member of the personal pension scheme or connected with a member of the scheme, who is not connected with his employer and is required as a condition of his employment to occupy the property, and
b
property which is, or is to be, occupied by a person who is neither a member of the personal pension scheme nor connected with a member of the scheme in connection with the occupation by that person of business premises held as an investment by the scheme.
6
For the purposes of paragraphs (2) and (3), a personal pension scheme shall not be regarded as indirectly holding as an investment residential property where the scheme holds as an investment units in a unit trust scheme that holds residential property and —
a
is an authorised unit trust scheme or a recognised scheme, or
b
is an unauthorised unit trust whose gains are not chargeable gains by virtue of section 100(2) of the Taxation of Chargeable Gains Act 1992 .
7
For the purposes of paragraphs (2) and (3), a personal pension scheme shall not be regarded as indirectly holding as an investment residential property where —
a
the scheme holds as an investment a right which confers entitlement to receive payment of any ground rent, rentcharge, ground annual, feu duty or other annual payment reserved in respect of, or charged on or issuing out of, that property, and
b
the property is not occupied by a member of the scheme or a person connected with him.
Restrictions on lending
8
1
A self-invested personal pension scheme may not lend money to any person (whether or not that person is an individual who is a member of the scheme).
2
A personal pension scheme that is not a self-invested personal pension scheme may not lend money to a member of the scheme or a person connected with him.
3
A personal pension scheme shall be regarded, for the purposes of paragraphs (1) and (2), as lending money to a member of the scheme or a person connected with him in circumstances where —
a
the scheme holds as an investment, whether directly or indirectly, assets of a person,
b
that person lends money to the member concerned or a person connected with him, and
c
the loan has the effect of limiting or reducing in any way the return on the investment.
Restrictions on transactions with scheme member and others
9
1
Subject to paragraphs (2) and (3), no interest in an asset may be acquired by a personal pension scheme in circumstances where a member of that scheme, or a person connected with him, has an interest in that asset or, at any time in the period of three years prior to the date of the acquisition, had an interest in that asset.
2
Paragraph (1) does not apply in relation to the transfer of eligible shares in a company in accordance with section 638(9) and (12) .
3
Paragraph (1) does not apply in relation to the acquisition at market value by a self-invested personal pension scheme (“scheme A”) of an interest in commercial property in which another self-invested personal pension scheme (“scheme B”) also has an interest in circumstances where —
a
the commercial property is leased by scheme A to —
i
the member of scheme A for the purposes of a trade or profession carried on by him, whether or not in partnership with another person or persons, or
ii
a company which is connected with the member of scheme A, for the purposes of a business carried on by the company,
b
the lease is granted on normal commercial terms,
c
the amount of the rent payable under the lease accords with a commercial rate and is supported by an independent professional valuation, and
d
either —
i
the member of scheme A is, or becomes within a reasonable time after the acquisition by scheme A of the interest in the commercial property, a partner in a partnership carrying on the trade or profession in question, and the member of scheme B is also a partner in that partnership, or
ii
the member of scheme A is, or becomes within a reasonable time after that acquisition, a director of the company to whom the commercial property is leased, and the member of scheme B is also a director of that company.
4
Except in the circumstances specified in paragraphs (3) and (5), no interest in an asset may directly or indirectly be sold or leased by a personal pension scheme to a member or a person connected with him.
5
Commercial property an interest in which is acquired at market value by a self-invested personal pension scheme otherwise than in a case to which paragraph (1) applies may, subject to the conditions specified in paragraph (6), be leased by the scheme to —
a
the member for the purposes of a trade or profession carried on by him, whether or not in partnership with another person or persons, or
b
a company which is connected with the member, for the purposes of a business carried on by the company.
6
The conditions specified in this paragraph are that —
a
the lease is granted on normal commercial terms, and
b
the amount of the rent payable under the lease accords with a commercial rate and is supported by an independent professional valuation.
7
For the purposes of paragraph (4) a sale by the scheme shall not be regarded as a sale indirectly to a member, or a person connected with him, if the purchase by the member or the person connected with him took place three years or more after the sale by the scheme.
8
In paragraphs (3) and (5) “business” means a trade, profession or any other activity carried on by the company except the activity of making or managing investments unless —
a
those investments consist wholly of shares in 51 per cent. subsidiaries of the company, and
b
those subsidiaries do not themselves carry on the activity of making or managing investments.
9
In this regulation “market value” means the price which the interest in the commercial property might reasonably be expected to fetch on a sale in the open market.
Restrictions on investments relating to members of self-invested personal pension schemes
10
1
A self-invested personal pension scheme may not set up after the pension date of a member of the scheme either —
a
a borrowing arrangement for that member, or
b
in the case of a serialised borrowing arrangement in existence at the time of the pension date, a further instalment of the loan for that member.
2
Paragraph (1) applies notwithstanding that the purpose of the borrowing arrangement or, as the case may be, the further instalment of the loan would be to acquire particular investments in accordance with the member’s direction.
3
No commercial property may be acquired by a self-invested personal pension scheme in respect of a member of the scheme after the member’s pension date or his attaining the age of 65, whichever is the later.
4
In paragraphs (1) and (3) “pension date” has the meaning given by section 630(1) .
Schemes awaiting approval
11
1
Where at the date of coming into force of these Regulations a personal pension scheme is in existence and either —
a
has not yet been submitted to the Board for approval, or
b
is before the Board for approval,
the Board shall not be prevented from approving it under Chapter IV of Part XIV of the Taxes Act by reason only that it contains a provision or provisions of a description specified in any of sub-paragraphs (a) to (c) of paragraph (2).
2
The description of provisions specified in this paragraph is —
a
a provision which authorises the scheme to retain as an investment an asset —
i
which is held by the scheme immediately before the date on which these Regulations were made, and
ii
the holding of which directly or indirectly as an investment would, by virtue of regulation 6 or 7, prevent the Board from approving the scheme;
b
a provision which authorises the scheme to continue to lend money to a person in circumstances which, by virtue of regulation 8, would prevent the Board from approving the scheme;
c
a provision which authorises the scheme to acquire, sell or lease any interest in an asset in circumstances which, by virtue of regulation 9, would prevent the Board from approving the scheme.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
23rd January 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Companies) (Amendment No. 2) (England) Order 2001 and shall come into force on 1st October 2001.
2
The amendments made by article 2 have effect in relation to local authorities in England.
Amendment of Order
2
1
The Local Authorities (Companies) Order 1995 shall be amended in accordance with paragraphs (2) and (3).
2
In article 14 (application of Part IV: requirement for credit cover), in paragraph (2), for the words “Part IV shall apply subject to the modification that” there shall be substituted the words “the requirement for credit cover in section 50(2) shall apply as if, but only as if,”.
3
In article 15 (application of Part IV: increase in the basic credit approval), in paragraph (1), for the words “Part IV shall apply” there shall be substituted the words “the provisions in Part IV as to basic credit approvals shall apply”.
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
5th September 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Elections (Declaration of Acceptance of Office) Order 2001, and shall come into force on 27th November 2001.
2
This Order extends to England only .
Form of declaration of acceptance of office
2
Where a county, district, London borough or parish council has adopted the mandatory provisions of a model code of conduct made under section 50(1) of the Local Government Act 2000 that is applicable to that council, or the mandatory provisions of such a code apply to the members of that council pursuant to section 51(5)(b) of that Act, the declaration of acceptance of office of —
a
a member; and
b
an elected mayor ,
shall be in the form in the Schedule to this Order, or a form to the like effect.
Revocation of orders
3
The following orders shall be revoked on 27th July 2002 —
a
the Local Elections (Principal Areas) (Declaration of Acceptance of Office) Order 1990 ; and
b
the Local Elections (Parishes and Communities) (Declaration of Acceptance of Office) Order 1990 .
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
26th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Sevenoaks (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 Sevenoaks;
“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 Sevenoaks (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 Sevenoaks
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse of similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Sevenoaks
3
1
The ordinary elections of all councillors of the district of Sevenoaks 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 Chiddingstone
4
The parish of Chiddingstone 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 Edenbridge
5
1
The existing wards of the parish of Edenbridge shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Edenbridge North and East, and Edenbridge South and West; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Edenbridge North and East parish ward shall be eight, and for the Edenbridge South and West parish ward shall be seven.
Wards of the parish of Sevenoaks
6
1
The existing wards of the parish of Sevenoaks shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Sevenoaks, Eastern, Sevenoaks Kippington, Sevenoaks Northern, Sevenoaks St John's, Sevenoaks Town and Sevenoaks Wildernesse; and the wards shall comprise the areas designated on sheet 9 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 Sevenoaks Eastern, Sevenoaks Kippington, Sevenoaks Northern, Sevenoaks St John’s and Sevenoaks Town parish wards shall be three, and for the Sevenoaks Wildernesse parish ward shall be one.
Wards of the parish of Shoreham
7
1
The existing wards of the parish of Shoreham shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Swanley
8
1
The existing wards of the parish of Swanley shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Swanley Christchurch, Swanley Hextable, Swanley St Mary's, Swanley Village and Swanley White Oak; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillor to be elected for each of the Swanley Christchurch, Swanley St Mary’s and Swanley White Oak parish wards shall be four, for the Swanley Hextable parish ward shall be three, and for the Swanley Village parish ward shall be one.
Numbers of parish councillors
9
The number of parish councillors to be elected for the parish of Eynsford shall be eight, and for the parish of Hartley shall be thirteen.
Revocation
10
The District of Sevenoaks (Electoral Arrangements) Order 1976 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
1st November 2001


text:
PART I
Preliminary
Citation and commencement
1
This Order may be cited as the Mid-Norfolk Railway Order 2001 and shall come into force on 15th October 2001.
Interpretation
2
In this Order —
“the Board” means BRB (Residuary) Limited;
“the Board’s railway” means so much of the railway of the Board (including the site of the railway) in the County of Norfolk described in and authorised by the Norfolk Railway Extensions, Dereham, Wells and Blakeney Branch Act 1846 , and works relating thereto, as lies between a point joining the existing Mid-Norfolk Railway immediately south of Norwich Road at East Dereham in the District of Breckland at reference point TF 9935 1320 and a point 250 metres north of Bridge 1705 in the District of Breckland at reference point TF 9935 2085 and includes all lands held by the Board relating to the railway or to any stations or other works connected therewith, and lying between those points;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“reference point” means Ordnance Survey National Grid reference point;
“the transfer date” means the date on which the Board’s railway or any part thereof is vested in the Trust by virtue of an agreement made between the Board and the Trust;
“the Trust” means the Mid-Norfolk Railway Preservation Trust (Registered Charity No. 1046931) incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at Railway Station, Station Road, Dereham, Norfolk NR19 1DF.
Disapplication of certain enactments relating to level crossings
3
Section 47 of the Railways Clauses Consolidation Act 1845 (roads crossed on a level) and section 6 of the Railways Clauses Act 1863 (lodges at level crossings) shall on the transfer date cease to apply to the Board’s railway or the relevant part thereof.
PART II
Transfer of Board’s railway
Transfer of Board’s railway
4
1
Subject to the provisions of this article, the Board may transfer the whole or any part of the Board’s railway to the Trust on such terms and conditions as may be agreed between the Board and the Trust.
2
On and after the transfer date the Trust shall to the exclusion of the Board be entitled to the benefit of and to exercise all rights, powers and privileges and be subject to all obligations of the Board whether statutory or otherwise relating to the Board’s railway or the relevant part thereof, with the intent that the Board shall be released from all such obligations.
3
Without prejudice to the generality of paragraph (2) above sections 116, 117 and 118 of the Transport Act 1968 shall, on and after the transfer date, apply to the Board’s railway or the relevant part thereof as if references to the Board were references to the Trust.
PART III
Miscellaneous
Power to operate and use railway
5
Subject to article 8 of this Order, on and after the transfer date the Trust may operate and use the Board’s railway as a system, or part of a system, of transport for the carriage of passengers and goods.
Safety of approved works, etc.
6
1
Where pursuant to regulations made under section 41 of the Act (approval of works, plant and equipment approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment forming part of the Board’s railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railway.
2
If without reasonable cause the provisions of paragraph (1) above are contravened on or after the transfer date the Trust shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Level Crossings
7
On and after the transfer date the provisions set out in Part II of the Schedule to this Order shall apply to the level crossings mentioned in Part I of that Schedule.
Restrictions as to the conveyance of passengers
8
No part of the Board’s railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit
Department for Transport, Local Government and the Regions
24th September 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 2) Order 2001; it extends to England and shall come into force on 2nd March 2001 at 7.00 p.m.
Amendment to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 shall be amended, in so far as it applies to England, in accordance with the following provisions of this article.
2
In article 3(1) immediately after the definition of “litter” there shall be inserted the following definition —
“made-up carriageway” shall have the same meaning as in section 329 of the Highways Act 1980 ;
3
For article 35B there shall be substituted the following article —
Footpaths: area restrictions
35B
1
If the Minister has confirmed foot-and-mouth disease in any part of the district of a local authority, the local authority may by regulations prohibit, for the purpose of preventing the spread of foot-and-mouth disease, the movement of any person —
a
onto any land (including any common, or any unenclosed or waste land) on which there are or may be animals; or
b
onto any footpath or right of way,
in an area in that district identified in those regulations except for such purposes (if any) as may be specified in them.
2
The local authority of a district where foot-and-mouth disease has not been confirmed may, after consultation with the Minister, by regulations prohibit, for the purpose of preventing the spread of foot-and-mouth disease, the movement of any person —
a
onto any land (including any common, or any unenclosed or waste land) on which there are or may be animals; or
b
onto any footpath or right of way,
in an area in that district identified in those regulations except for such purposes (if any) as may be specified in them.
3
Regulations made under this article shall not —
a
restrict the movement of any person on or onto a made-up carriageway; or
b
prevent the entry onto any land of —
i
the owner or occupier of that land or the employee of any such owner or occupier or any other person authorised by him; or
ii
the owner of any animal on that land or the employee of any such owner or any other person authorised by him; or
iii
any person entering that land under the authority of and in accordance with any conditions specified in a licence granted by an inspector.
4
Regulations made under this article shall be notified on making to the Minister.
5
The Minister by declaration published in such manner as he sees fit, or the local authority by regulations, may at any time vary or remove any restrictions imposed under this article.
Continuing effect of declarations
3
Any declaration by a local authority prohibiting the movement of any person into or out of an area which was made under article 35B of the Foot-and-Mouth Disease Order 1983 prior to its substitution by this Order shall continue to have effect until revoked by —
a
a declaration of the Minister, published in such manner as he sees fit;
b
a further declaration of that local authority published in the same manner as the declaration being revoked; or
c
regulations made under article 35B as substituted by this Order.
Signed at 18.52 on 2nd March 2001
Hayman,
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
Citation and commencement
1
These Regulations may be cited as the Offshore Combustion Installations (Prevention and Control of Pollution) Regulations 2001 and shall come into force on the day after the day on which they are made.
Interpretation
2
In these Regulations —
“address” in relation to electronic communication, includes any number or address used for the purposes of such communications;
“best available techniques” means, having regard to the matters set out in Schedule 1 to these Regulations, the most effective and advanced stage in the development of combustion installations and their methods of operation which can be practically applied on platforms and which allows the setting of emission limit values to reduce or, where possible, eliminate emissions into, and effects on, the environment as a whole from the operation of such installations, and for the purposes of this definition —
“available techniques” means those techniques which can be implemented on platforms under economically and technically viable conditions, balancing the costs of their implementation against the benefits to the environment;
“best” means, in relation to techniques, the most effective in achieving a high general level of protection of the environment as a whole; and
“techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
“business day” means any day except a Saturday, Sunday, Christmas Day, Good Friday or a day which is a Bank Holiday in any part of the United Kingdom under the Banking and Financial Dealings Act 1971 ;
“change in operation” means a change in the nature or functioning, or an extension, of a combustion installation which may have consequences for the environment;
“combustion installation” means any technical apparatus in which fuels are oxidised to use the heat thus generated and includes gas turbines and diesel and petrol-fired engines and any equipment on a platform connected to such apparatus which could have an effect on emissions from that apparatus or could otherwise give rise to pollution but does not include any apparatus the main use of which is the disposal of gas by flaring or incineration;
“ EEA State” means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“electronic communication” means the same as in the Electronic Communications Act 2000 ;
“emission value limit” in relation to a polluting substance includes any limit expressed in terms of the emission of a mass of that substance over any given period;
“environmental statement” means an environmental statement within the meaning of regulation 2(1) of the Offshore Petroleum and Pipe-lines (Assessment of Environmental Effects) Regulations 1998 or regulation 3(1) of the Offshore Petroleum and Pipe-lines (Assessment of Environmental Effects) Regulations 1999 ;
“existing qualifying offshore combustion installation” means any qualifying offshore combustion installation which —
was in operation on any platform before 30th October 1999; or
is in, or was put into, operation before 1st November 2000 in accordance with a consent granted by the Secretary of State pursuant to any licence granted or having effect as if granted under the provisions of the Petroleum Act 1998 , the application for such consent having been made before 30th October1999;
“the Gazettes” means the London, Edinburgh and Belfast Gazettes;
“medium” means the air, water or, as the case may be, land or the seabed (including its subsoil);
“notice” means notice in writing or by such means of electronic communication as the Secretary of State may decide;
“operator” means any person who operates a qualifying offshore combustion installation;
“petroleum” includes any mineral oil or relative hydrocarbon and natural gas existing in its natural condition in strata, but does not include coal or bituminous shales or other stratified deposits from which oil can be extracted by destructive distillation;
“platform” means any fixed or floating structure situated in the relevant area which —
is used for the purposes of or in connection with the production of petroleum; and
in the case of a floating structure, is maintained on a station during the course of production,
but does not include any structure where the principal purpose of the use of the structure is the establishment of the existence of petroleum or the appraisal of its characteristics, quality or quantity or the characteristics or extent of any reservoir in which it occurs;
“pollution” includes in particular the discharge or emission into the environment of those substances listed in Schedule 2 to these Regulations;
“prescribed date” means the date after the day on which the period of five months commencing on the day on which these Regulations come into force expires, save that where an application for a permit is made under regulation 5 before that date it means —
the date on which the permit is granted whether in pursuance of the application or, on an appeal under regulation 17, of an order of the court; or
where a permit is refused and the applicant appeals under regulation 17 the date on which the court upholds that refusal; or
the date after the day on which the period provided for under regulation 17(6) expires,
as the case may be;
“qualifying offshore combustion installation” means any combustion installation (other than one which has been rendered inoperable by being wholly or partially dismantled) which —
is permanently installed on a platform; and
on its own or together with any other combustion installation installed on the same site (excluding any installation that has been rendered inoperable by complete or partial dismantling) has a rated thermal input exceeding 50 megawatts;
“relevant area” means the area (together with places above and below it) comprising —
those parts of the sea adjacent to England and Wales from the low water mark to the landward baseline of the United Kingdom territorial sea;
the United Kingdom territorial sea apart from those areas comprised in Scottish controlled waters; and
those areas of sea in any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 ;
“relevant environmental statement” means in relation to a qualifying offshore combustion installation, an environmental statement which contains information regarding the effects on the environment of the operation of the installation in question;
“Scottish controlled waters” means any waters which are controlled waters within the meaning of section 30A(1) of the Control of Pollution Act 1974 ; and
“substantial change” means a change in operation which may have significant negative effects on people or the environment.
Requirement for permit to operate combustion installation
3
1
Subject to paragraph (2) below, no person shall operate a qualifying offshore combustion installation after the prescribed date otherwise than in accordance with the terms of, and conditions attached to, a permit granted in accordance with these Regulations.
2
Paragraph (1) above shall not apply to the operation of an existing qualifying offshore combustion installation before 30th October 2007 except where that installation is the subject of a change which in the opinion of the Secretary of State is a substantial change.
Grant of permit; contents of permit; publication of grant of permit
4
1
Subject to paragraph (3) below, where the Secretary of State receives an application for a permit in accordance with regulation 5 below, he may grant that application provided that he —
a
has taken into account any relevant environmental statement and any representations regarding the application made by the public or made by any EEA State affected by the operation of the combustion installation; and
b
is satisfied that there has been substantial compliance with the requirements of regulation 7 below.
2
Subject to paragraphs (3) and (4) below, the Secretary of State shall attach to every permit granted by him pursuant to paragraph (1) above conditions which in his opinion are framed in such a way as to ensure that —
a
all appropriate measures are taken to prevent pollution, in particular through application of best available techniques;
b
no significant pollution is caused;
c
where possible the production of non-gaseous waste is avoided by —
i
the use of clean technologies more sparing in their use of natural resources; or
ii
the use of products designed to reduce the amount or harmfulness of waste,
and that where waste is produced, it is recovered or, where that is technically and economically impossible, it is disposed of in such a way as to avoid or reduce any impact on the environment;
d
subject to the attainment of the objective set out in sub-paragraph (a) above, energy is used efficiently;
e
necessary measures are taken to prevent accidents affecting the environment or where they occur to limit their consequences in relation to the environment;
f
necessary measures are taken upon the final cessation of use of the combustion installation to avoid any pollution risk and to decommission and remove the installation;
g
taking into account the technical characteristics of the installation concerned, its geographical location, local environmental conditions and best available techniques and having regard to the potential for the transfer of the pollution in question from one medium to another, there are controls on the emission of pollutants likely to be emitted from the combustion installation in significant quantities in the form of —
i
emission value limits for such pollutants;
ii
where the Secretary of State considers this to be more appropriate, equivalent parameters or technical measures; or
iii
a combination of emission value limits and equivalent parameters and technical measures;
without in any case prescribing the use of any technique or specific technology;
h
where necessary, appropriate requirements ensuring protection of the soil and ground water and measures concerning waste generated by the installation;
i
there are suitable release monitoring requirements relating to the release of pollutants, specifying measurement methodology and frequency, evaluation procedure and an obligation to supply the Secretary of State with data required for checking compliance with the permit;
j
there are appropriate provisions to minimise long-distance or transboundary pollution; and
k
where in the opinion of the Secretary of State there is a risk to the environment from these, there are measures relating to conditions other than normal operating conditions including start-up, leaks, malfunctions, momentary stoppages and definitive cessation of operations.
3
Paragraph (2) above shall not apply to the extent that the Secretary of State is satisfied that the matters referred to in it are adequately dealt with by or under the provisions of any other enactment.
4
Where an application for a permit includes details of any plan designed to reduce pollution from the combustion installation in question, the Secretary of State may include derogations from any condition imposed in compliance with paragraph (2)(c) above provided that such derogations are limited to the period of six months following the grant of the permit.
5
In addition to any conditions required to be attached to any permit by virtue of paragraph (2) above, the Secretary of State may attach to a permit such other conditions as he thinks fit.
6
Where the Secretary of State grants a permit he shall send it to the applicant.
7
Where the Secretary of State refuses an application for the grant of a permit he shall give notice of such refusal to the applicant.
8
The Secretary of State shall publish in the Gazettes notice of the granting of any permit.
Contents of application for permit
5
1
An application for the grant of a permit under regulation 4 above shall be in writing and shall contain a description of —
a
the installation and its activities;
b
the materials, substances and energy used in or generated by the installation;
c
the sources of emissions from the installation;
d
the conditions of the site of the installation;
e
the nature and quantities of foreseeable emissions from the installation into each medium as well as identification of significant effects of the emissions on the environment;
f
the proposed technology and other techniques for preventing or, where this is not possible, reducing emissions from the installation;
g
where necessary, measures for the prevention and recovery of waste generated by the installation;
h
measures planned to deal with the matters referred to in regulation 4(2) above; and
i
measures planned to monitor emissions into the environment.
2
An application for a permit shall also include a non-technical summary of the details referred to in paragraph (1) above.
3
Where any of the information referred to in paragraph (1) above is contained in a relevant environmental statement an application for a permit need not specify that information provided that it is accompanied by a copy of the environmental statement.
Fees
6
Every application for a permit shall be accompanied by a fee of £2,000.
Publicity regarding application for permit
7
1
Where the Secretary of State receives an application for a permit accompanied by the fee prescribed by regulation 6 above he shall publish a notice in the Gazettes which —
a
states that a copy of the application may be obtained on request;
b
specifies an address from which such a copy may be obtained;
c
specifies a date not less than 4 weeks after the date of publication or (if the notice is not published on the same day in each Gazette) last publication of the notice by which persons may make representations regarding the application; and
d
specifies an address to which such representations are to be sent.
2
Subject to paragraph (5) below, where the Secretary of State receives a request pursuant to paragraph (1) above in relation to an application for a permit prior to the granting of that permit, he shall forthwith supply to the person requesting it a copy of the application in question.
3
Subject to paragraph (5) below, where the Secretary of State is aware that the operation of an offshore combustion installation is likely to have a significant effect on the environment of an EEA State, or where that State so requests, the Secretary of State shall forward a copy of the application to the State in question as soon as possible and no later than the date it is made available to the public (except in a case where a request is made by the EEA State after that date).
4
Where the Secretary of State has supplied a copy of an application for a permit pursuant to paragraph (3) above, he shall indicate to the EEA State in question the date on which the decision in relation to the granting of the permit is likely to be made and an address to which any representations should be sent.
5
Subject to paragraph (6) below, nothing in this regulation shall require the disclosure of any information which is by virtue of the law of any part of the United Kingdom subject to an obligation of confidentiality and —
a
which relates to an individual; or
b
the disclosure of which might adversely affect the interests in a business of any person carrying on that business.
6
Nothing in paragraph (5) above shall prevent the disclosure of other information included with information to which that paragraph applies where that other information can be separated from the information to which that paragraph applies.
Variation of conditions of permit on application of operator
8
1
An operator shall apply in writing for a variation of the terms and conditions relating to a qualifying offshore combustion installation where he proposes to make a change in the operation of that installation and the operation of the installation after the making of that change would no longer be in accordance with the terms and conditions relating to that permit.
2
Where the Secretary of State determines that the change planned by the operator would not be a substantial change he may grant the application and vary the terms and conditions of the permit accordingly.
3
Where the Secretary of State grants an application pursuant to paragraph (2) above he may make the granting of the application subject to such further conditions as he shall think fit.
4
Where the Secretary of State determines that the change would be a substantial change he shall refuse the application and serve a notice in writing on the applicant which states that —
a
the proposed change would be in the opinion of the Secretary of State a substantial change; and
b
the application is refused.
5
Where an application made pursuant to paragraph (1) above is granted, the Secretary of State shall issue to the applicant a revised permit.
Reconsideration and updating of permit conditions
9
1
The Secretary of State shall at such intervals as he shall think fit review the conditions attached to every permit granted under these Regulations.
2
The Secretary of State shall review the conditions of a permit where in his opinion —
a
the pollution caused by the installation is of such significance that all or any emission limit values of the permit need to be revised;
b
substantial changes in best available techniques make it possible to reduce emissions significantly without incurring excessive costs; or
c
the operational safety of the process or activity requires other techniques to be used.
3
Where the Secretary of State considers that the conditions of a permit should be revised, he shall not less than 14 days prior to the day on which such notice states that the revised permit will have effect (“the relevant day”), give notice to the operator of the installation concerned of his intention to issue the operator with a revised permit and of its terms.
4
The operator shall be entitled to make representations, either in writing or by such electronic means as the Secretary of State may determine, as to whether such a revised permit should be issued and as to its terms.
5
If no representations are received prior to the relevant day, the revised permit shall be issued and shall come into effect on that day.
6
If representations are received prior to the relevant day the Secretary of State shall consider them in determining whether the revised notice should be amended, withdrawn or issued as originally notified under paragraph (3) above and may determine that the revised notice should come into effect on a later day than the relevant day.
Revocation, surrender and assignment of permit
10
1
The Secretary of State may by notice revoke a permit granted pursuant to these Regulations where he is of the opinion that the application for the permit in question contained any information or statement which was false or misleading in a material particular or where the operator in question has been guilty of a breach of any condition attached to the permit.
2
An operator may by notice surrender a permit granted to him.
3
A permit may with the consent of the Secretary of State be assigned to another person but where the Secretary of State consents to such assignment it shall not take effect until he has issued to the person to whom the permit is to be assigned a permit in that person’s name.
Register to be kept by the Secretary of State
11
1
The Secretary of State shall keep a register at a place in the United Kingdom in which he shall cause to be entered —
a
the provisions of any permit granted under these Regulations; and
b
the results of the monitoring of any releases required to be sent to him under the conditions of any permit.
2
The register referred to in paragraph (1) above shall be open to public inspection on business days between the hours of 10 a.m. and 4 p.m.
Provision of information to the Secretary of State
12
1
The operator shall forthwith provide to the Secretary of State details of any incident or accident involving a qualifying offshore combustion installation where there has been a significant negative effect on the environment.
2
The operator shall forthwith provide to the Secretary of State details of any planned changes in the nature or functioning or any planned extension of a qualifying offshore combustion installation which may have consequences for the environment.
3
For the purposes of the discharge by the Secretary of State of any obligation of the United Kingdom under Council Directive 96/61 of September 24th 1996 concerning Integrated Pollution Prevention and Control, the Secretary of State may, by notice served on any person, require that person to furnish such information as may be specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.
4
The information which a person may be required to furnish by a notice served under paragraph (3) above includes information on emissions which, although it is not in the possession of that person or would not otherwise come into the possession of that person, is information which it is reasonable to require that person to compile for the purpose of complying with the notice.
Appointment of inspectors
13
1
The Secretary of State may, if he thinks fit, appoint in writing any person as an inspector to report to him —
a
whether the requirements, restrictions or prohibitions imposed by or under these Regulations have been complied with; and
b
as to the condition or operation of, or discharges from, any qualifying offshore combustion installation.
2
An inspector appointed under paragraph (1) above may for any of the purposes mentioned in that paragraph —
a
at any reasonable time (or, in a situation which in his opinion may give rise to a risk of significant pollution to the environment as a result of the operation of any qualifying offshore combustion installation, at any time) board any platform;
b
on boarding a platform take with him any other person authorised by the Secretary of State for the purposes mentioned in paragraph (1) above and any equipment or materials that he requires;
c
make such examination and investigation as he considers necessary (for which purpose he may install or maintain monitoring or other apparatus on a platform);
d
give a direction requiring that any part of the platform be left undisturbed (whether generally or in particular respects) for so long as reasonably necessary for the purposes of any examination or investigation under sub-paragraph (c) above;
e
take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c) above;
f
take samples of any articles or substances found on the platform and of the atmosphere or any land, seabed (including the subsoil thereof) or water in the vicinity of the platform;
g
in the case of any article or substance which he finds on the platform and which appears to him to have caused or to be likely to cause significant pollution, cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless, in the circumstances of the case, that is necessary);
h
may in the case of any such article or substance as is mentioned in sub-paragraph (g) above, take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed;
iii
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
i
may require any person who he has reasonable cause to believe is able to give any information relevant to any examination or investigation under sub-paragraph (c) above —
i
to attend at a place and time specified by the inspector;
ii
to answer (in the absence of any person other than persons whom the inspector may allow to be present and a person nominated to be present by the person on whom the requirement is imposed) such questions as the inspector thinks fit to ask, and
iii
to sign a declaration of the truth of his answers;
j
may require the production of, and inspect and take copies of or of any entry in —
i
any records which by virtue of any provision of any permit granted under these Regulations are required to be kept;
ii
any records which he considers it necessary to see for the purposes of any examination or investigation under sub-paragraph (c) above; and
k
may require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as the inspector considers are necessary to enable him to exercise any of the powers conferred on him by this regulation.
3
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) above shall be admissible in evidence in England and Wales or Northern Ireland against that person in any proceedings, or in Scotland against that person in criminal proceedings.
4
Nothing in this regulation shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for disclosure or discovery in an action in the High Court or the High Court in Northern Ireland or, in relation to Scotland, on an order for the production of documents in an action in the Court of Session.
Enforcement notices
14
1
If the Secretary of State is of the opinion that the operator of an installation has contravened or is contravening any condition of his permit, or is likely to contravene any such condition, the Secretary of State may serve on him a notice (“an enforcement notice”) which —
a
states that the Secretary of State is of such an opinion;
b
specifies the matters which constitute, constituted or, as the case may be, are likely to constitute the contravention;
c
specifies the steps that must be taken to remedy or, as the case may be, prevent the contravention; and
d
specify the period within which those steps must be taken.
2
The steps that may be specified under paragraph (1)(c) above, in addition to steps that must be taken to remedy or prevent any contravention, may include steps that must be taken to remedy any pollution caused by a contravention.
3
Where the Secretary of State serves an enforcement notice on an operator it shall be the duty of the operator to comply with its terms unless the permit has been revoked or surrendered.
4
The Secretary of State may by notice revoke an enforcement notice.
5
The service of an enforcement notice shall be without prejudice to the exercise of any other power under any other provision of these Regulations.
Prohibition notices
15
1
If the Secretary of State is of the opinion that the operation of a qualifying offshore combustion installation involves an imminent serious risk of pollution, the Secretary of State may serve a notice (“a prohibition notice”) on the operator of the installation.
2
A prohibition notice may be served whether or not the manner of operating the combustion installation in question contravenes a condition of the permit and may relate to any aspects of the operation of the combustion installation, whether regulated by the conditions of the permit or not.
3
A prohibition notice shall —
a
state that the Secretary of State is of the opinion mentioned in paragraph (1) above;
b
specify the risk involved in the operation of the installation;
c
specify the steps that must be taken to remove it and the period within which they must be taken; and
d
direct that the permit shall, until the notice is withdrawn, wholly or to the extent specified in the notice, cease to have effect to permit the operation of the installation,
and where the direction applies to part only of the operation of the installation it may impose conditions to be observed in carrying on the part which is authorised to be carried on.
4
The Secretary of State may by notice withdraw a prohibition notice at any time and shall withdraw a notice when he is satisfied that the steps required by the notice have been taken.
5
It shall be the duty of the person to whom the prohibition notice is addressed to comply with its terms save to the extent that it is withdrawn wholly or in part.
6
The service of a prohibition notice shall be without prejudice to the exercise by any person of any power under any other provision of these Regulations.
Power of Secretary of State to take action
16
1
Where a person to whom an enforcement notice or a prohibition notice is addressed has failed to take the action required by it within such time as may be specified in it or, in default of any time being specified, within a reasonable time of service of that notice, and such a notice has not been withdrawn, the Secretary of State may himself undertake any action required and the cost of so doing shall be recoverable from the person on whom the notice was served.
2
The person to whom such a notice as is referred to in paragraph (1) above has been addressed shall afford such assistance as the Secretary of State may reasonably require for the purpose of facilitating the exercise of any powers conferred on the Secretary of State by that paragraph.
3
The exercise by the Secretary of State of any power conferred on him by paragraph (1) above shall be without prejudice to any consequences that may arise in respect of any non-compliance with an enforcement notice or a prohibition notice.
Appeal to High Court, Court of Session or High Court in Northern Ireland
17
1
Subject to paragraph (6) below, any applicant for a permit or any operator aggrieved by a decision of the Secretary of State made under these Regulations may appeal to the court.
2
Subject to paragraph (4) the expression “the court” means —
a
in respect of a decision relating to the operation of an offshore combustion installation in the English area, the High Court;
b
in respect of a decision relating to the operation of an offshore combustion installation in the Scottish area (excluding Scottish controlled waters), the Court of Session; or
c
in respect of a decision relating to the operation of an offshore combustion installation in the Northern Irish area, the High Court in Northern Ireland.
3
In this regulation the expressions “the English area”, “the Scottish area” and “the Northern Irish Area” shall have the same meaning as in the Civil Jurisdiction (Offshore Activities) Order 1987 .
4
Where the combustion installation is situated in more than one of the areas referred to in paragraphs (2) and (3) above, any of the courts having jurisdiction in those areas shall have jurisdiction in relation to the decision in question.
5
Unless the court otherwise orders, any decision of the Secretary of State which is the subject of an appeal under paragraph (1) above shall remain in force pending the final disposal of that appeal.
6
An appeal under this regulation shall be made within 28 days of written notification of the decision in question.
Offences
18
1
Subject to paragraph (2) below, a person is guilty of an offence if he —
a
operates a combustion installation without a permit;
b
operates a combustion installation in breach of the terms of any condition attached to any permit;
c
fails to comply with the terms of an enforcement notice or a prohibition notice;
d
fails to supply any information required to be supplied by virtue of regulation 12 above, or by virtue of a notice served thereunder;
e
fails to supply any information required to be supplied by virtue of the terms of any permit granted under these Regulations;
f
knowingly or recklessly makes a statement which he knows to be false or misleading in a material particular where such a statement —
i
is made in connection with, or for the purposes of, any application for a permit or the variation of a permit; or
ii
is made for the purposes of satisfying any requirement under these Regulations for the supply of information to the Secretary of State or an inspector appointed pursuant to regulation 13(1) above;
g
wilfully obstructs an inspector appointed under regulation 13(1) above; or
h
without reasonable excuse fails to comply with an obligation imposed in pursuance of regulation 13(2) above or prevents another person from complying with such a requirement.
2
It shall be a defence to a charge under paragraph (1)(b) or (1)(c) above if the person charged with an offence shows that the contravention —
a
arose as a result of something which could not have been reasonably prevented by him; or
b
was due to something done as a matter of urgency for the purposes of securing the safety of any person.
3
A person guilty of an offence under this section shall on summary conviction be liable to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
4
Where an offence under this regulation by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, paragraph (4) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
7
Proceedings for an offence under this regulation may be taken, and the offence may for all incidental purposes be treated as having been committed, in any part of the United Kingdom.
8
Section 3 of the Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to any proceedings for an offence under this regulation.
Service of notices
19
1
Any notice or other document required or authorised to be given to, or served on, any person under these Regulations may be given or served by —
a
delivering it to that person;
b
leaving it at his proper address; or
c
sending it to his proper address by post.
2
Any notice or other document required or authorised to be given to or served on any body corporate or unincorporated association other than a partnership shall be duly given to, or served on, the secretary or clerk or other similar officer of that body.
3
Any notice or other document required or authorised to be served on, or given to, any partnership (including a Scottish partnership) shall be duly given to or served on, a partner or a person having the control or management of the partnership business.
4
For the purpose of this regulation, the proper address of any person on whom or to whom any such notice or document is to be served or given shall be his last known address except that such address shall be —
a
in the case of a body corporate or their secretary or clerk, the address of the registered office or principal office of the body corporate;
b
in the case of an unincorporated association (other than a partnership) or their secretary or clerk, the address of the principal office of the association; and
c
in the case of a partnership (including a Scottish partnership) or a person having control or management of the partnership business, the address of the principal office of the partnership,
and for the purposes of this paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.
Peter Hain
Minister for Energy and Competitiveness in Europe
Department of Trade and Industry
18th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Thanet (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 Thanet;
“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 Thanet (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 Thanet
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-three wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas 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 (2) 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 Thanet
3
1
The ordinary elections of all councillors of the district of Thanet 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 Birchington
4
1
The existing wards of the parish of Birchington shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Birchington North and Birchington South; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Birchington North parish ward shall be four, and for the Birchington South parish ward shall be six.
Wards of the parish of Broadstairs and St Peters
5
1
The existing wards of the parish of Broadstairs and St Peters shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Beacon Road, Bradstowe, Kingsgate, St Peters and Viking; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the St Peters and Viking parish wards shall be four, for each of the Beacon Road and Bradstowe parish wards shall be three, and for the Kingsgate parish ward shall be one.
Revocation
6
The District of Thanet (Electoral Arrangements) Order 1978 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
1st November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2001 and shall come into force on 1st February 2001.
Preliminary
2
The Motor Vehicles (Driving Licences) Regulations 1999 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 3 (interpretation)
3
In regulation 3(1) after the definitions of “appropriate driving test” and “extended driving test” there shall be inserted the following definition —
“certified direct access instructor” has the meaning given by regulation 64(2);
.
Revocation of regulation 13 (restrictions on the grant of provisional licences)
4
Regulation 13 shall be omitted.
Amendment of regulation 15 (duration of provisional licence authorising the driving of motor cycles)
5
In regulation 15 for paragraph (1)(b) there shall be substituted —
b
the same period as is provided by section 99(1) of the Traffic Act in relation to a licence to which section 99(1) applies.
Amendment of regulation 16 (conditions attached to provisional licences)
6
1
Regulation 16 shall be amended as follows.
2
In paragraph (7) “(within the meaning of regulation 64(2))” shall be omitted.
3
After paragraph (7) there shall be inserted —
7A
The holder of a provisional licence authorising the driving of a moped or a learner motor bicycle shall not drive such a vehicle on a road when undergoing relevant training, unless the instructor giving the training is at all times —
a
present with him on the road while riding another moped or learner motor bicycle or any motor bicycle, and
b
supervising only him or him and not more than 3 other persons each of whom holds such a provisional licence.
7B
In paragraph (7A) —
a
“relevant training” means training (otherwise than as part of an approved training course for motor cyclists) in how to drive a moped or learner motor cycle given by a professional instructor; and
b
“professional instructor” means an instructor paid money or money’s worth for giving such training.
Amendment of regulation 42 (exemption from theory test)
7
1
Regulation 42 shall be amended as follows.
2
In paragraph (1)(b) the words “either” and “or of a class included in category B” shall be omitted.
3
In paragraph (2) —
a
sub-paragraph (a) shall be omitted; and
b
in sub-paragraph (b) the words “either” and “or of a class included in category A” shall be omitted.
Amendment of regulation 43 (entitlement upon passing a test other than an appropriate driving test)
8
1
Regulation 43 shall be amended as follows.
2
In paragraph (1) for “paragraphs (2), (3) and (4)” there shall be substituted “the following provisions of this regulation”.
3
In paragraph (2) for “regulation 44” there shall be substituted “regulations 44 and 44A”.
4
In paragraph (3) after “The licence shall” there shall be inserted “, subject to paragraph (5),”.
5
After paragraph (4) there shall be in inserted the following paragraph —
5
Where a person has passed a test (or Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of vehicles included in category B, the effect of paragraph (3) in relation to the driving of vehicles in category P shall be as follows —
a
the licence granted by the Secretary of State shall authorise the driving of vehicles within class P if and only if —
i
the test was passed before 1st February 2001;
ii
the person concerned held at the date on which he passed the test the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was at that time valid in accordance with regulation 68(2); or
iii
the person concerned holds the prescribed certificate of successful completion by him of an approved training course for motor cyclists and that certificate was furnished to him after the date on which he passed the test, and
b
where a certificate referred to in sub-paragraph (a)(ii) or (iii) shows that the person concerned has successfully completed an approved training course for riders of three-wheeled mopeds, the only vehicles in category P authorised by the licence to be driven shall be three-wheeled mopeds.
Entitlement upon passing a test other than an appropriate driving test: category P
9
After regulation 44 there shall be inserted the following regulation —
Entitlement upon passing a test other than an appropriate driving test: category P
44A
1
This regulation applies where a person has passed a test (or Northern Ireland test of competence corresponding to such a test) for a licence authorising the driving of vehicles included in category P.
2
Where this regulation applies the Secretary of State shall grant to the person who passed the test —
a
in a case where the test was passed on a three-wheeled moped, a licence authorising the driving of all vehicles having three wheels included in category P;
b
in any other case, a licence authorising the driving of all vehicles included in category P.
Amendment of regulation 68 (evidence period of validity of certificate of completion of approved training course)
10
1
Regulation 68 shall be amended as follows.
2
For sub-paragraph (b) of paragraph (2) there shall be substituted —
b
after whichever is the earliest of the following dates, namely —
i
in a case where the person to whom the certificate was furnished is subsequently disqualified by order of a court under section 36 of the Offenders Act, the date on which the order is made;
ii
in a case where the licence of the person to whom the certificate was furnished is subsequently revoked by the Secretary of State under section 3(1) of the Road Traffic (New Drivers) Act 1995 , the date on which the revocation has effect in accordance with section 3(2) of that Act;
iii
in a case where the certificate was issued before 1st February 2001, the last day of the period of 3 years beginning with the date of the certificate; or
iv
in a case where the certificate was issued on or after 1st February 2001, the last day of the period of 2 years beginning with the date of the certificate.
Amendment of regulation 69 (exemptions from Part V)
11
In regulation 69 after paragraph (2) there shall be inserted the following paragraphs —
2A
Subject to paragraph (2C), section 89(2A) of the Traffic Act shall not apply to a person who is for the time being the holder of a full licence for a class of vehicle included in category A in respect of a test of competence to drive a vehicle of any other class included in that category.
2B
Subject to paragraph (2C), a person who is for the time being the holder of a full licence for a class of vehicle included in category A shall be exempt from the restriction imposed by section 97(3)(e) on his driving a vehicle of another class included in that category.
2C
The exemptions conferred by paragraphs (2A) and (2B) shall not apply in relation to the holder of a full licence authorising him only to drive a vehicle included in category A having automatic transmission in respect of —
a
a test of competence to drive a vehicle having manual transmission; or
b
his driving a vehicle having manual transmission.
Amendment of Schedule 12 (elements of an approved training course)
12
In Schedule 12 in the second indent of element (B) after “satisfactory standard and” there shall be inserted “(except in a case where the course is to be completed on a motor bicycle and side-car combination or a three-wheeled moped)”.
Amendment of Schedule 13 (form of certificate of completion of approved motor bicycle training courses)
13
In Schedule 13 for Part 3 there shall be substituted Part 3 set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
11th January 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2001 and shall come into force on 9th March 2001.
2
These Regulations shall have effect in relation to manufactured overseas dividends paid or received on or after 1st April 2001.
3
In paragraph (2) “manufactured overseas dividend” has the meaning given by paragraph 4(1) of Schedule 23A to the Income and Corporation Taxes Act 1988.
Amendment to the Income Tax (Manufactured Overseas Dividends) 1993
2
1
Amend regulation 2(1) of the Income Tax (Manufactured Overseas Dividends) Regulations 1993 as follows.
2
For the definition of “collecting agent” substitute the following definition —
“collecting agent” means a person who, in the course of carrying on a trade in the United Kingdom, collects or secures payment of overseas dividends for another person or acts as custodian of any overseas securities;
.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th February 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 8) Order 2001.
2
Section 71(1) to (4) of the Criminal Justice and Court Services Act 2000 shall come into force on 29th October 2001.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
5th October 2001


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Amendment No. 3) (England) Regulations 2001 and shall come into force on 25th May 2001.
2
The Education (Induction Arrangements for School Teachers) (England) Regulations 1999 shall be amended as follows.
3
For regulation 5 there shall be substituted the following regulation —
5
1
In these Regulations,“appeal body” means —
a
in relation to an appeal against a decision of the appropriate body falling within regulation 14(3)(b) or (c), where the induction period ends on or before 30th June 2001, the Secretary of State; and
b
in all other cases, the General Teaching Council for England .
2
In paragraph (1) “induction period” includes an induction period which has been extended following its completion in accordance with regulation 14(3)(b), regulation 17(3)(c) or regulation 17(4)(c) so that the period as extended ends on or before 30th June 2001.
.
4
In paragraph 3(1)(c) of Schedule 2 for “if any” there shall be substituted “if employed in a teaching capacity”.
Estelle Morris
Minister of State,
Department for Education and Employment
30th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Information) (England) (Amendment) Regulations 2001 and shall come into force on 1st May 2001.
Amendment
2
The Education (Pupil Information) (England) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (interpretation) —
a
in the definition of “the associated documents” and in paragraph (2) for the words “, attainment targets and end of key stage descriptions” in each place where they occur there shall be substituted “and attainment targets”;
b
in the definition of “foundation subjects” after “art” there shall be inserted “and design”.
4
In regulation 6(1) (Head teacher’s report to parents and adult pupils) there shall be inserted after “writing” the words “and free of charge”.
5
For regulation 10 (Transfer of information when a pupil changes school) and regulation 11 (Common Transfer Form) there shall be substituted the following regulation —
Transfer of information when a pupil changes school
10
1
When a pupil ceases to be a registered pupil at a maintained school (his “old” school) and becomes a registered pupil at another school (his “new” school), the head teacher of the pupil’s old school shall ensure that he has a record of the information in respect of that pupil required to complete the common transfer form in Part 1, 2, 3 or 4 of Schedule 5 depending on whether that pupil is in the first, second, third or fourth key stage or is above compulsory school age.
2
The head teacher of the pupil’s old school, or, if it has been agreed between the head teacher and the local education authority that they should send the information or record in question, the local education authority, shall send the information referred to in paragraph (1), and any other educational record relating to that pupil, to the head teacher of the pupil’s new school no later than fifteen school days after the day on which the pupil ceases to be registered at the old school.
3
Subject to paragraph (4), this regulation shall not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school or where the pupil was registered at his old school for less than four weeks.
4
If the head teacher of the pupil’s old school receives at any time a request from the head teacher of the school at which a former pupil is currently a registered pupil, either for the information referred to in paragraph (1) relating to the time when the pupil left the old school or for any other educational record relating to that pupil in the school’s possession, he shall provide it within fifteen school days of receiving the request.
5
The information referred to in paragraph (1) may be sent in the form of machine readable data or in paper form. If it is sent in machine readable form it must be in a form that can be read by the recipient. If it is in paper form it must be in the format set out in the appropriate part of Schedule 5.
.
6
In paragraph 3 of Schedule 1 (information about individual pupils in the final year of the third key stage) —
a
in sub-paragraph (3) for “and information technology” there shall be substituted “, information and communication technology, art and design, music and physical education”;
b
sub-paragraph (5) shall be omitted.
7
In paragraph 3(2) of Schedule 2 (information about all pupils at the school in the final year of the third key stage) for “and information technology” there shall be substituted “, information and communication technology, art and design, music and physical education”.
8
For Schedule 5, there shall be substituted the Schedule set out in the Schedule to these Regulations.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
26th March 2001


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2001.
2
This Order shall come into force on 1st January 2002.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 2001 83.2% 1st January 1987–31st December 2001 77.6% 1st January 1988–31st December 2001 70.5% 1st January 1989–31st December 2001 61.3% 1st January 1990–31st December 2001 49.9% 1st January 1991–31st December 2001 35.2% 1st January 1992–31st December 2001 29.8% 1st January 1993–31st December 2001 25.3% 1st January 1994–31st December 2001 23.1% 1st January 1995–31st December 2001 20.5% 1st January 1996–31st December 2001 15.9% 1st January 1997–31st December 2001 13.6% 1st January 1998–31st December 2001 9.6% 1st January 1999–31st December 2001 6.2% 1st January 2000–31st December 2001 5.1% 1st January 2001–31st December 2001 1.7%
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
15th November 2001