text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations [2000] and shall come into force on 9th January 2001.
2
These Regulations apply in relation to local authorities in England.
Interpretation
2
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 2000 Act ” means the Local Government Act 2000;
“background papers”, in relation to a report or part of a report, means those documents other than published works, that —
relate to the subject matter of the report or, as the case may be the part of the report; and
in the opinion of the proper officer —
disclose any facts or matters on which the report or an important part of the report is based; and
were relied on to a material extent in preparing the report;
“confidential information” means —
information provided to the local authority by a government department upon terms (however expressed) which forbid the disclosure of the information to the public; or
information the disclosure of which to the public is prohibited by or under any enactment or by the order of a court,
and in either case, a reference to the obligation of confidence is to be construed accordingly;
“copy”, in relation to any document, includes a copy made from a copy;
“decision maker” means the decision making body by which, or the individual by whom, an executive decision is made;
“decision making body”, in relation to an executive decision, means —
the executive of a local authority;
a committee of a local authority executive;
a joint committee, where all the members of the joint committee are members of a local authority executive; or
a sub-committee of a joint committee where all the members of the joint committee are members of a local authority executive,
which is authorised to discharge the function to which the executive decision relates in accordance with the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 ;
“document” means any report or background papers, other than that only in a draft form, taken into consideration in relation to an executive decision;
“executive decision” means a decision made or to be made, by a decision maker, in connection with the discharge of a function which is the responsibility of the executive of a local authority;
“exempt information” has the meaning given by section 100I of the 1972 Act (exempt information and power to vary Schedule 12A);
“information” includes an expression of opinion, any recommendations and any decision made;
“joint committee” means a committee appointed under section 102(1) of the 1972 Act (appointment of committees) in accordance with regulations made under section 20 of the 2000 Act ;
“key decision” has the meaning given in regulation 8;
“local authority” means a county council, a district council which or a London borough council which is operating executive arrangements;
“newspaper” includes —
a news agency which systematically carries on the business of selling and supplying reports or information to newspapers; and
any organisation which is systematically engaged in collecting news —
for sound or television broadcasts; or
for inclusion in programmes to be included in any programme service within the meaning of the Broadcasting Act 1990 other than a sound or television broadcasting service within the meaning of Part III or Part I of that Act respectively ;
“political adviser or assistant” means a person appointed pursuant to section 9 of the Local Government and Housing Act 1989 (assistants for political groups) or regulations made under paragraph 6 of Schedule 1 to the 2000 Act (mayor’s assistant);
“private meeting”, in relation to a local authority executive, means a meeting which is not a public meeting;
“proper officer”, has the same meaning as in section 270(3) of the 1972 Act (general provisions as to interpretation);
“public meeting”, in relation to a local authority executive, means —
a meeting which, in accordance with regulation 7, is required to be held in public; and
any other meeting of the local authority executive, or of a committee of that executive, where the executive or committee, as the case may be, determine that it shall be held in public;
“relevant local authority” means the local authority whose executive is responsible for the discharge of the function to which the executive decision relates;
“relevant overview and scrutiny committee” means an overview and scrutiny committee of the relevant local authority which has terms of reference including the power to review or scrutinise decisions made, or other actions taken, in connection with the discharge of the function to which the decision relates;
“report” in relation to an executive decision does not include a report in draft form;
“section 11(2) mayor” means an elected mayor who is a member of a mayor and cabinet executive; and
“standards committee” means the standards committee of the local authority as established under section 53 of the 2000 Act (standards committees).
PART II
PROVISIONS FOR AND IN CONNECTION WITH EXECUTIVE DECISIONS
Recording of executive decisions made at meetings
3
1
As soon as reasonably practicable after a private meeting or a public meeting of a decision making body at which an executive decision has been made, the proper officer, or in the event that the proper officer is not present at that meeting, the person presiding, shall ensure that a written statement is produced in respect of every executive decision made at that meeting which must include the information specified in paragraph (2).
2
The statement referred to in paragraph (1) must include;
a
a record of the decision;
b
a record of the reasons for the decision;
c
details of any alternative options considered and rejected by the decision making body at the meeting at which the decision was made;
d
a record of any conflict of interest in relation to the matter decided which is declared by any member of the decision making body which made the decision; and
e
in respect of any declared conflict of interest, a note of any dispensation granted by the local authority’s standards committee.
3
For the purposes of paragraph (1) of this regulation “person presiding” means the person actually presiding, or the person nominated to preside, at that meeting.
4
Executive decisions made by decision making bodies are prescribed decisions for the purposes of section 22(3) of the 2000 Act (duty to keep written records of private meetings).
Recording of executive decisions made by individuals
4
1
As soon as is reasonably practicable after an individual member has made any executive decision he shall produce, or if he instructs the proper officer to do so, the proper officer shall produce, a written statement in respect of that executive decision which includes the information specified in paragraph (2).
2
The statement referred to in paragraph (1) must include —
a
a record of the decision;
b
a record of the reasons for the decision;
c
details of any alternative options considered and rejected at the time by the member when he made the decision;
d
a record of any conflict of interest declared by any executive member who is consulted by the member, in relation to the decision; and
e
in respect of any declared conflict of interest a note of any dispensation granted by the local authority’s standards committee.
3
Executive decisions made by individual members of local authority executives are prescribed decisions for the purposes of section 22(4) of the 2000 Act (duty to keep a written record of decisions made by individual members of local authority executives).
4
As soon as is reasonably practicable after an officer has made a decision which is a key decision, the officer shall produce a written statement which must include —
a
a record of the decision;
b
a record of the reasons for the decision;
c
details of any alternative options considered and rejected by the officer at the time when he made the decision;
d
a record of any conflict of interest declared, in relation to the decision, by any executive member who was consulted by the officer who made the decision; and
e
in respect of any declared conflict of interest in relation to the decision a note of any dispensation granted by the local authority’s standards committee.
Inspection of documents following executive decisions
5
1
Subject to regulation 21, after a private meeting or a public meeting of a decision making body at which an executive decision has been made, after an individual member has made an executive decision or after an officer has made a key decision the proper officer shall ensure that a copy of —
a
any records prepared in accordance with regulations 3 or 4; and
b
any report considered at the meeting or, as the case may be, considered by the individual member or officer and relevant to a decision recorded in accordance with regulations 3 or 4 or, where only part of the report is relevant to such a decision, that part,
shall be available for inspection by members of the public, as soon as is reasonably practicable, at the offices of the relevant local authority.
2
Where a request on behalf of a newspaper is made for a copy of any of the documents available for public inspection under paragraph (1), those documents shall be supplied for the benefit of the newspaper by the local authority on payment by the newspaper to the local authority of postage, copying or other necessary charge for transmission.
Inspection of background papers
6
Subject to regulation 21, when a copy of the whole or part of a report for a private meeting or a public meeting is made available for inspection by members of the public in accordance with regulation 5 or 11, at the same time —
a
a copy of a list compiled by the proper officer of the background papers to the report or part of the report, must be included in the report or, as the case may be, part of the report; and
b
at least one copy of each of the documents included in that list,
shall be available for inspection by the public at the offices of the relevant local authority.
PART III
ADDITIONAL REQUIREMENTS IN RESPECT OF KEY DECISIONS AND PUBLIC MEETINGS
Meetings of local authority executives and their committees to be held in public
7
1
Subject to regulation 21, a meeting or part of a meeting must be held in public where the council leader, section 11(2) mayor or council manager, as the case may be, or any other person likely to preside at the meeting, reasonably believes that:
a
a decision to be made at that meeting or part of the meeting will be a key decision; or
b
i
a matter which is likely to be discussed at that meeting or that part of the meeting relates to a decision included in the current forward plan, as referred to in regulation 13, where that decision is likely to be made at a meeting of the decision making body concerned within 28 days of the meeting; and
ii
an officer, other than a political adviser or assistant or council manager, will be present at that meeting or part of the meeting where the matter is discussed; or
c
i
a matter relating to a key decision to be made by the decision making body concerned is to be discussed with an officer, other than a political adviser or assistant, present; or
ii
a decision is made,
at that meeting or part of the meeting in relation to which a notice under regulation 15 has been given.
2
For the purposes of sub-paragraphs (b) and (c) of paragraph (1) “meeting” does not include a meeting the principal purpose of which is for an officer of the local authority to brief a decision maker or members of a decision making body on matters connected with the making of an executive decision.
3
In accordance with section 38 of the 2000 Act, in determining the meaning of “principal purpose” for the purposes of paragraph (2), regard shall be had to any guidance for the time being issued by the Secretary of State.
Key decisions
8
1
In these regulations a “key decision” means an executive decision which, is likely —
a
to result in the local authority incurring expenditure which is, or the making of savings which are, significant having regard to the local authority’s budget for the service or function to which the decision relates; or
b
to be significant in terms of its effects on communities living or working in an area comprising two or more wards or electoral divisions in the area of the local authority.
2
In accordance with section 38 of the 2000 Act, in determining the meaning of “significant” for the purposes of paragraph (1) regard shall be had to any guidance for the time being issued by the Secretary of State.
Individual executive decisions
9
1
Where an executive member or officer receives a report, which he intends to take into consideration when he makes a key decision, he shall not make the that decision until the report has been available for public inspection, pursuant to paragraph (2), for at least three clear days.
2
Subject to regulation 21, the member or officer making the decision referred to in paragraph (1) shall ensure that the proper officer makes the report referred to in that paragraph available for inspection by the public as soon as is reasonably practicable after that officer or member receives it.
3
Where a report has been submitted to an executive member or officer with a view to it being considered by him when he makes a key decision, the person who submitted the report shall, as soon as is reasonably practicable, supply a copy of it to the chairman of every relevant overview and scrutiny committee or where there is no chairman to every member of the relevant overview and scrutiny committee.
4
The proper officer shall, in any report required by paragraph (2) to be available for inspection by the public include a list of background papers for the report or part of the report, and shall ensure that sufficient copies of the background papers are available, or that facilities exist for the production of sufficient copies of those papers, to meet every reasonable request from members of the public for them.
Procedures prior to public meetings
10
An item of business shall only be considered at a public meeting —
a
where a copy of the agenda or part of the agenda, including the item, has been available for inspection by the public as required by regulation 11 for at least three clear days before the meeting; or
b
where the meeting is convened at shorter notice in accordance with regulation 15 or 16, a copy of the agenda including the item has been available for inspection by the public from the time that the meeting was convened.
Access to agenda and connected reports
11
1
Subject to paragraph (2), a copy of the agenda and every report for a public meeting shall be available for inspection by the public at the offices of the local authority when they are made available to the members of the executive or decision making body responsible for making the decision to which they relate.
2
If the proper officer thinks fit, there may be excluded from the copy of any report provided pursuant to paragraph (1) the whole, or any part, of the report which relates only to the transaction of an item of business during which, in his opinion, the meeting is likely not to be open to the public.
3
Subject to paragraph (4), any document which is required by paragraph (1) to be available for inspection by the public shall be available for such inspection for at least three clear days before the meeting, except that —
a
where the meeting is convened at shorter notice in accordance with regulation 15 or 16, a copy of the agenda and associated reports shall be available for inspection at the time the meeting is convened; and
b
where an item which would be available for inspection by the public is added to the agenda, a copy of the revised agenda, and of any report relating to the item for consideration at the meeting, shall be available for inspection by the public when the item is added to the agenda.
4
Nothing in paragraph (3) shall require a copy of the agenda, item or report to be available for inspection by the public until a copy is available to members of the decision making body concerned.
5
Where by virtue of paragraph (2) the whole or any part of a report for a public meeting is not available for inspection by the public —
a
every copy of the whole report or of the part of the report, as the case may be, shall be marked “not for publication”; and
b
there shall be stated on every copy of the whole or the part of the report —
i
that it contains confidential information;
ii
by reference to the descriptions in Schedule 12A to the 1972 Act, the description of exempt information by virtue of which the decision making body discharging the executive function are likely to exclude the public during the item to which the report relates; or
iii
that the report or the part of the report contains the advice of a political adviser or assistant as the case may be.
6
Except during any part of a public meeting during which the public are excluded, the local authority shall make available for the use of members of the public present at the meeting a reasonable number of copies of the agenda and of the reports for the meeting.
7
Subject to regulation 21, a local authority shall, following any request on behalf of a newspaper and on payment being made of postage charges or any other necessary charge for transmission, supply to the newspaper —
a
a copy of the agenda for a public meeting and a copy of each of the reports for consideration at the meeting;
b
such further statements or particulars, if any, as are necessary to indicate the nature of the items contained in the agenda; and
c
if the proper officer thinks fit in the case of any item, a copy of any other document supplied to members of the executive in connection with the item.
8
Paragraph (3) applies in relation to copies of reports provided pursuant to paragraph (6) or (7) as it applies in relation to copies of reports provided pursuant to paragraph (1).
Publicity in connection with key decisions
12
1
The executive leader or, as the case may be, the section 11(2) mayor or the council manager shall instruct the proper officer to publish, in accordance with paragraph (2), a document which states —
a
that key decisions are to be made on behalf of the local authority;
b
that a plan (to be known as the “forward plan”) containing particulars of the matters in respect of which those decisions are to be made, will be prepared on a monthly basis by the local authority;
c
that a forward plan will contain details of the key decisions likely to be made by the local authority for the four month period following the publication of the forward plan;
d
that each current forward plan may be inspected at all reasonable hours and free of charge at the local authority’s offices;
e
that each forward plan contains a list of the documents submitted to the decision makers for consideration in relation to the matters in respect of which decisions are to be made;
f
the address from which, subject to any prohibition or restriction on their disclosure, copies of, or extracts from, any document listed in the forward plan is available;
g
that other documents relevant to those matters may be submitted to the decision makers;
h
the procedure for requesting details of those documents (if any) as they become available; and
i
the dates in each month in the following twelve months on which each forward plan will be published and available to the public at the local authority’s offices.
2
The document referred to in paragraph (1) shall be published —
a
in at least one newspaper circulating in the area of the local authority; and
b
annually, on a date at least 14 days, but not more than 21 days before the first forward plan of that year comes into effect.
Forward plans
13
1
A forward plan shall be prepared, in accordance with this regulation and regulation 14, by the executive leader or, as the case may be, by the section 11(2) mayor or the council manager.
2
A forward plan shall contain details of all the matters likely to be the subject of key decisions in the relevant authority for a period of four months; and the first such plan shall have effect from the first working day of any month.
3
A forward plan shall be updated on a monthly basis, and a new forward plan produced at least 14 days prior to the first day upon which the forward plan will come into effect, with any outstanding matters contained in the previous forward plan being included in the latest forward plan.
4
The most recent forward plan shall be taken to have superseded any earlier plan or, as the case may be, each earlier plan.
Content of the forward plan
14
1
Each forward plan shall contain, as regards each matter referred to in regulation 13(1) such of the particulars specified in paragraph (2) as are available when the plan is prepared or which the person preparing it may then reasonably be expected to obtain.
2
The particulars referred to in paragraph (1) are —
a
the matter in respect of which the decision is to be made;
b
where the decision maker is an individual his name, his title if any and, where the decision maker is a decision making body, its name and a list of its members;
c
the date on which, or the period within which, the decision is to be made;
d
the identity of the principal groups or organisations whom the decision maker proposes to consult before making the decision;
e
the means by which any such consultation is proposed to be undertaken;
f
the steps that may be taken by any person who wishes to make representations to the local authority executive or to the decision maker about the matter in respect of which the decision is to be made, and the date by which those steps are to be taken; and
g
a list of the documents, submitted to the decision maker for consideration in relation to the matter in respect of which the decision is to be made.
3
Where, in relation to any matter —
a
the public may be excluded under regulation 21(1) from the meeting at which that matter is to be discussed; or
b
documents relating to the decision need not, because of regulation 21(5), be disclosed to the public,
the forward plan shall contain particulars of the matter but may not contain any confidential or exempt information or particulars of the advice of a political adviser of assistant.
General exception
15
1
Where the inclusion of a matter on the forward plan is impracticable and the matter would be a key decision, that decision shall only be made —
a
where the proper officer has informed the chairman of the relevant overview and scrutiny committee or, if there is no such person, each member of the relevant overview and scrutiny committee by notice in writing, of the matter about which the decision is to be made;
b
where the proper officer has made available at the offices of the local authority for inspection by the public a copy of the notice given pursuant to paragraph (a); and
c
after three clear days have elapsed following the day on which the proper officer made available the notice referred to in sub-paragraph (b).
2
Where paragraph (1) applies to any matter, regulation 14 need not be complied with in relation to that matter.
Cases of special urgency
16
Where the date by which an executive decision that would be a key decision must be made, makes compliance with regulation 15 impracticable, the decision shall only be made where the decision maker has obtained agreement from —
a
the chairman of the relevant overview and scrutiny committee; or
b
if there is no such person, or if the chairman of the relevant overview and scrutiny committee is unable to act, the chairman of the relevant local authority; or
c
where there is no chairman of either the relevant overview and scrutiny committee or of the relevant local authority the vice-chairman of the relevant local authority,
his agreement that the making of the decision is urgent and cannot reasonably be deferred.
PART IV
ADDITIONAL RIGHTS OF MEMBERS OF THE LOCAL AUTHORITY AND OF MEMBERS OF OVERVIEW AND SCRUTINY COMMITTEES
Additional rights of access to documents for members of local authorities
17
1
Subject to paragraphs (3) and (4), any document which —
a
is in the possession, or under the control, of the executive of a local authority; and
b
contains material relating to any business to be transacted at a public meeting,
shall be available for inspection by any member of the local authority.
2
Subject to paragraphs (3) and (4) any document which —
a
is in the possession, or under the control, of the executive of a local authority; and
b
contains material relating to —
i
any business transacted at a private meeting;
ii
any decision made by an individual member in accordance with executive arrangements; or
iii
any key decision made by an officer in accordance with executive arrangements,
shall be available for inspection by any member of the local authority when the meeting concludes or, where an executive decision is made by an individual member or a key decision made by an officer, immediately after the decision has been made.
3
Where it appears to the proper officer that compliance with paragraph (1) or (2) in relation to a document or part of a document would involve the disclosure of exempt information of a description falling within any of paragraphs 1 to 6, 9, 11, 12 and 14 of Part I of Schedule 12A to the 1972 Act, paragraph (1) or (2), as the case may be, shall not apply as regards that document or part.
4
Where it appears to the proper officer that compliance with paragraph (1) or (2) in relation to a document or part of a document would involve the disclosure of advice provided by a political adviser or assistant, that paragraph shall not apply as regards that document or part.
5
The rights conferred by paragraphs (1) and (2) are in addition to any other rights that a member of a local authority may have.
Additional rights of access to documents for members of overview and scrutiny committees
18
1
Subject to paragraph (2), a member of an overview and scrutiny committee of a local authority shall be entitled to a copy of any document which —
a
is in the possession or under the control of the executive of that authority; and
b
contains material relating to —
i
any business that has been transacted at a private meeting or a public meeting of a decision making body of that authority;
ii
any decision that has been made by an individual member of that executive in accordance with executive arrangements; or
iii
any key decision that has been made by an officer of the authority in accordance with executive arrangements.
2
No member of an overview and scrutiny committee shall be entitled to a copy —
a
of such document or part of a document as contains exempt or confidential information unless that information is relevant to;
i
an action or decision that he is reviewing or scrutinising; or which is relevant to any review contained in any programme of work of such a committee or sub-committee of the committee; or
ii
of a document or part of a document containing advice provided by a political adviser or assistant.
Reports to the local authority where the key decision procedure is not followed
19
1
Where an executive decision has been made and —
a
was not treated as being a key decision; and
b
a relevant overview and scrutiny committee are of the opinion that the decision should have been treated as a key decision,
that overview and scrutiny committee may require the executive which is responsible for the decision to submit a report to the relevant local authority within such reasonable period as the committee may specify.
2
A report under paragraph (1) shall include details of —
a
the decision and the reasons for the decision;
b
the decision making body by which, or the individual by whom, the decision was made; and
c
if the executive of the relevant local authority are of the opinion that the decision was not a key decision, the reasons for that opinion.
Quarterly reports to the local authority
20
1
The executive leader or, as the case may be, the section 11(2) mayor or the council manager shall submit to the local authority at quarterly intervals a report containing details of each executive decision taken during the preceding three months where the making of the decision was agreed as urgent in accordance with regulation 16.
2
A report submitted for the purposes of paragraph (1) shall include —
a
particulars of each decision made; and
b
a summary of the matters in respect of which each decision was made.
PART V
GENERAL PROVISIONS RELATING TO INFORMATION
Confidential information, exempt information and advice of a political adviser or assistant
21
1
Subject to paragraph (3), nothing in these Regulations shall prevent the exclusion of the public from a meeting of a decision making body that is exercising an executive function where —
a
it is likely, in view of the nature of the business to be transacted or of the nature of the proceedings, that if members of the public were present during the transaction of an item of business, confidential information would be disclosed to them in breach of the obligation of confidence;
b
a resolution has been passed, by the decision making body concerned, excluding the public during the transaction of an item of business where it is likely, in view of the nature of the item of business, that if members of the public were present during the transaction of that item, exempt information would be disclosed to them;
c
a resolution has been passed, by the decision making body concerned, excluding the public during an item of business where it is likely, in view of the nature of the item, that if members of the public were present during the transaction of that item, the advice of a political adviser or assistant would be disclosed to them; or
d
a lawful power is used to exclude a member or members of the public in order to maintain orderly conduct or to prevent misbehaviour at a meeting.
2
A resolution under paragraph (1) (b) shall —
a
identify the proceedings, or part of the proceedings, to which it applies; and
b
state by reference to the descriptions in Schedule 12A to the 1972 Act (access to information: exempt information) the description of exempt information giving rise to the exclusion of the public.
3
An exclusion of the public under sub-paragraph (a), (b) or (c) of paragraph (1) shall apply only to the part or parts of the meeting during which it is likely that confidential information, exempt information or the advice of a political adviser or assistant would be disclosed.
4
Nothing in these Regulations shall authorise or require a local authority to disclose to the public or make available for public inspection a part of any document if, in the opinion of the proper officer, it is likely that confidential information, exempt information or the advice of a political adviser or assistant would be disclosed.
5
Where a member of an executive or an officer makes an executive decision in accordance with executive arrangements, nothing in these regulations shall require documents relating to that decision to be disclosed to the public, or made available for public inspection where —
a
the documents contain confidential information;
b
in the opinion of the member or officer making the decision, disclosure of the documents would be likely to give rise to disclosure of exempt information; or
c
in the opinion of the member or officer making the decision, disclosure of the documents would be likely to give rise to disclosure of the advice of a political adviser or assistant.
6
Nothing in these Regulations shall require a decision making body or decision maker to permit the taking of any photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.
Documents to be available for inspection at the offices of the local authority
22
1
Any document required by regulation 5, 6 or 11 to be available for inspection by members of the public shall be available for inspection —
a
at all reasonable hours at the offices of the local authority; and
b
in the case of documents to be available for inspection pursuant to regulation 6, upon payment by the person seeking to inspect the documents of any reasonable fee required by the local authority.
2
Subject to paragraph (3), where a document is to be available for inspection by a person under any provision in these Regulations, the person may —
a
make a copy of the whole or part of the document; or
b
require the person having custody of the document to supply him with a copy of the whole or part of the document,
upon payment by the person requiring the copy of any reasonable fee required by the local authority.
3
Paragraph (2) does not require or authorise the doing of any act which infringes the copyright in any work except that, where the owner of the copyright is the local authority, nothing done pursuant to that paragraph shall constitute an infringement of the copyright.
4
Where any document required by these Regulations to be open to inspection by the public —
a
is supplied to, or available for inspection by members of the public; or
b
is supplied for the benefit of any newspaper, pursuant to regulation 11(7),
the publication thereby of any defamatory matter contained in the document shall be privileged unless the publication is proved to be made with malice.
5
Any written record of an executive decision or any report required by regulation 5 to be available for inspection by the members of the public, shall be retained by the local authority and made available for inspection by the public for a period of at least six years beginning on the date on which the decision to which the record or report relates, was made.
6
Any background papers required by regulation 6 to be available for inspection by members of the public shall be retained by the local authority and be available for inspection by the public for a period of at least four years beginning on the date on which the decision, to which the background papers relate, was made.
7
The rights conferred on any person by these Regulations to inspect, copy or be supplied with documents are in addition to any such rights that he may have apart from those under these Regulations.
Offences
23
1
A person who has custody of a document which is required by regulation 5, 6 or 11 to be available for inspection by members of the public commits an offence if, without reasonable excuse —
a
he intentionally obstructs any person exercising a right conferred under these Regulations to inspect, or to make a copy of the whole or part of the document; or
b
he refuses to supply a copy of the whole or part of the document in accordance with regulation 22(2).
2
A person who commits an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department for the Environment, Transport and the Regions
13th December 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Orders for the Delivery of Documents (Procedure) Regulations 2000 and shall come into force on 13th November 2000.
Interpretation
2
In these Regulations —
“the appropriate judicial authority” has the meaning given by section 20D(1) of the Management Act ;
“the Board” means the Commissioners of Inland Revenue;
“the court” has the meaning given by paragraph 9(2) of Schedule 1AA to the Management Act;
“items subject to legal privilege” has the meaning given by paragraph 5(2) of Schedule 1AA to the Management Act;
“the Management Act” means the Taxes Management Act 1970;
“notice of application” means the notice of intention to apply for an order to which a person is entitled under paragraph 3(1) of Schedule 1AA to the Management Act;
“order” means an order under section 20BA of the Management Act;
“working day” means any day other than a Saturday, Sunday or public holiday.
Approval of decision to apply for an order
3
Before the hearing of an application for an order, an officer of the Board who is a member of the Senior Civil Service in —
a
the Cross-Cutting Policy branch of the Inland Revenue, or
b
the Special Compliance Office of the Inland Revenue,
must approve in writing the decision to apply for that order.
Notice of application
4
1
Notice of application must be given in writing and must contain the following details —
a
the date, time and place of the hearing of the application;
b
the specifications or descriptions of documents which are the subject of the application;
c
a description of the suspected offence to which the application relates; and
d
the name of the person suspected of committing, having committed or being about to commit the suspected offence.
2
Notice of application must be given to the person entitled to it not less than five working days before the hearing of the application.
Notice of an order, or notice of application, treated as having been given
5
1
Where notice of an order, or notice of application, is delivered to a person, or left at his proper address, notice shall be treated as having been given to that person on the day on which it is delivered or left or, where that day is not a working day, on the next working day.
2
Where notice of application, or notice of an order, is sent to a person’s proper address by facsimile transmission or other similar means which produce a document containing a text of the communication, notice shall be treated as given when the text is received in a legible form.
3
For the purposes of this regulation, a person’s proper address is —
a
the usual or last known place of residence, or the place of business or employment, of that person; or
b
in the case of a company, the address of the company’s registered office; or
c
in the case of a liquidator of a company, the liquidator’s address for the purposes of the liquidation.
Complying with an order
6
1
A person complies with an order by producing the documents specified or described in the order to the officer of the Board specified in the order within —
a
the period mentioned in section 20BA(2) of the Management Act; or
b
such further period, if any, as is agreed with that officer.
2
For the purposes of paragraph (1), documents are produced to an officer of the Board if they are either —
a
delivered to the officer; or
b
left for the officer at an address specified in the relevant order.
3
Where documents are sent to an officer of the Board at the address specified in the relevant order by post, they shall be treated, unless the contrary is proved, as having been produced to the officer —
a
if first class post is used, on the second working day after posting;
b
if second class post is used, on the fourth working day after posting.
Resolution of disputes as to legal privilege
7
1
This regulation applies where there is a dispute between the Board and a person against whom an order has been made as to whether a document, or part of a document, is an item subject to legal privilege.
2
The person against whom an order has been made may apply to the appropriate judicial authority to resolve the dispute.
3
All the documents to which an application under paragraph (2) relates must be lodged in the court at the same time as the application is made and shall be held by the court until the appropriate judicial authority resolves the dispute.
4
The court shall give the Board notice of an application made under paragraph (2) not less than five working days before the hearing of the application, and the Board shall be entitled to appear and be heard at that hearing in addition to the person making the application.
5
On the hearing of an application made under paragraph (2), the appropriate judicial authority shall —
a
resolve the dispute by confirming whether the document, or part of the document, is or is not an item subject to legal privilege; and
b
order the costs of the application to be met by the Board except where it holds that no document, or no part of any document, to which the application relates is an item subject to legal privilege.
6
Where a person makes an application under paragraph (2) within the period mentioned in regulation 6(1), he shall be treated as having complied with the order in relation to the documents to which the application relates until the appropriate judicial authority resolves the dispute.
7
A dispute may be resolved at any time by the Board and the person against whom an order has been made reaching an agreement, whether in writing or otherwise, and, for all purposes, the consequences of such an agreement shall be the same as those which would have ensued if, at the time when the agreement was reached, the appropriate judicial authority had resolved the dispute.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
23rd October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Relevant Functions (Payments to Authorities) Order 2000 and shall come into force on 14th April 2000.
2
In this Order, unless the context otherwise requires —
“claim” means a claim by a local authority for a relevant sum;
“form” means a printed document or any other format, as the Secretary of State determines, upon which a claim may be set out;
“local authority” means a local authority named in the Schedule to this Order;
“relevant function” has the same meaning as in section 140EE(1) of the Social Security Administration Act 1992;
“relevant sum” means any sum payable to a local authority by the Secretary of State in accordance with section 140EE(1);
“relevant year” means any year commencing on or after 1st April 2000.
Claims procedure
2
1
A claim made under this Order shall be submitted in such manner and on such form as may be approved or supplied by the Secretary of State and shall comply with the conditions specified in this article.
2
A claim (as described in paragraph (3)) shall be made by 15th April 2000 and thereafter quarterly by the 15th day of each July, October, January and April of a relevant year.
3
A claim shall be in respect of expenses incurred by a local authority in connection with the carrying out of any relevant function —
a
in the case of the claim made by 15th April 2000, in the period beginning on 29th November 1999 and ending on 31st March 2000; and
b
in any other case, in the three months immediately preceding the month by which the claim is due.
4
A claim shall be subject to such audit processes as the Secretary of State considers appropriate in the circumstances to satisfy himself that it has been properly made and properly and accurately calculated and he shall notify local authorities accordingly.
Records in support of claim
3
1
A local authority making a claim shall —
a
provide to the Secretary of State the information referred to in paragraph (2); and
b
keep, and where the Secretary of State requires it or it is otherwise appropriate to do so, produce records with a bearing on that claim.
2
The information referred to in this paragraph is such information as the Secretary of State requires, or as may otherwise be necessary, to satisfy him that —
a
each expense included in the claim has been incurred by the local authority in connection with the carrying out of a relevant function;
b
the claim is accurate and properly calculated; and
c
any claim made has been properly made in accordance with the provisions of this Order,
and, in addition, other information relevant to determining the relevant sum in accordance with article 4.
Determining relevant sum
4
The amount of a relevant sum payable to a local authority shall be determined by the Secretary of State having regard to whether the expenses claimed such as officers' remuneration, travel and subsistence expenses and other expenses have been necessarily incurred by the local authority in connection with carrying out a relevant function and are directly related to that function.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
22nd March 2000
We consent,
Clive J. C. Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd March 2000


text:
Citation and commencement
1
This Order may be cited as the Newham Education Action Zone (Variation) Order 2000 and shall come into force on 15th January 2001.
Variation and Amendment of the Newham Education Action Zone Order 1999
2
1
The Newham Education Action Zone Order 1998 shall be varied in accordance with paragraph (2) of this article, and amended in accordance with paragraph (3).
2
In Schedule 2 before the words “Calverton Primary School” there shall be inserted the words “Britannia Village Primary School”.
3
There shall be inserted after article 10 the following article —
Removal from office by Forum
10A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if any of the schools referred to in those paragraphs are discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 6(1), if that person no longer appears to the Forum to represent the interests of either business, parents of compulsory school age children, in the area served by the zone schools, or the voluntary sector, as the case may be.
Estelle Morris
Minister of State,
Department for Education and Employment
16th December 2000


text:
PART 1
INTRODUCTION
Citation and commencement
1
1
These Regulations may be cited as the General Teaching Council for England (Registration of Teachers) Regulations 2000.
2
Regulations 12, 16 and 17 shall come into force on 1st February 2001, and all other regulations shall come into force on 1st September 2000.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1988 Act ” means the Education Reform Act 1988 ;
“the 1998 Act ” means the Teaching and Higher Education Act 1998;
“advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Employment as eligible for appointment to an advanced skills teacher post;
“Code of Practice” means the code of practice authorised to be issued under regulation 13;
“ the Council ” means the General Teaching Council for England;
“employer” in relation to a teacher includes a person who engages or makes arrangements for the engagement of that teacher to provide his services as a teacher otherwise than under a contract of employment, and “prospective employer”, “employed” and “employment” shall be construed accordingly;
“independent school” has the same meaning as in section 463 of the Education Act 1996 ;
“induction period” means an induction period served in accordance with regulations made in relation to England or Wales under section 19 of the 1998 Act ;
“institution within the further education sector” has the same meaning as in section 91(3) of the Further and Higher Education Act 1992 ;
“institution within the higher education sector” has the same meaning as in section 91(5) of the Further and Higher Education Act 1992;
“non-maintained special school” means a special school which is neither a community special school nor a foundation special school;
“qualified teacher” has the same meaning as in section 218(2) of the 1988 Act ;
“the Register” means the register of teachers which the Council are required to establish and maintain in accordance with section 3 of the 1998 Act and these Regulations, and “registration” shall be construed accordingly;
“registered teacher” means a person for the time being registered under section 3 of the 1998 Act;
“school maintained by a local education authority” has the same meaning as in section 142(1) of the School Standards and Framework Act 1998; and
“special school” has the same meaning as in section 337(1) of the Education Act 1996 .
PART II
REGISTRATION OF TEACHERS
Disqualification from registration
3
For the purposes of section 3(3)(d) of the 1998 Act, a person is not eligible for registration if he is ineligible for registration as a teacher in Scotland or Northern Ireland, or disqualified from being a teacher in any school, by virtue of —
a
section 11 of the Teaching Council (Scotland) Act 1965 ;
b
regulation 9 of the Teachers' (Eligibility) Regulations (Northern Ireland) 1997 ; or
c
regulations made under article 36 of the Education (Northern Ireland) Order 1998 .
Applications for registration
4
1
An application for registration shall include —
a
the teacher number assigned to the applicant by the Department for Education and Employment;
b
the applicant’s full name;
c
the applicant’s date of birth;
d
the applicant’s home address or other contact address; and
e
the date on which the applicant qualified as a teacher.
2
The Council may make further provision as to —
a
the form and manner in which applications for registration are to be made; and
b
the documentary and other evidence which is to accompany applications for registration.
Registration on establishment of the Register
5
1
On the establishment of the Register, the Council may register persons eligible for registration who have not made applications for registration.
2
The Council shall send written confirmation of their registration to all persons registered under paragraph (1).
3
The Council shall at his request provide free of charge a copy of the information recorded on the Register against his name to a person registered under paragraph (1).
Content of Register
6
1
There shall be recorded in the Register against the names of those registered in it the matters listed in Schedule 1.
2
The Council may make provision as to additional matters to be recorded in the Register.
Division of Register into separate parts
7
The Council may make provision as to the division of the Register into separate parts.
Amending entries on the Register
8
The Council may make provision as to the restoration and alteration of entries on the Register, and the transfer of entries between different parts of the Register.
Charging of registration fees
9
The Council may make provision —
a
to charge fees fixed by them with the approval of the Secretary of State in respect of —
i
applications for registration or for the restoration of entries in the Register, and
ii
the retention of entries in the Register;
b
for there to be exceptions where fees are not to be charged; and
c
for them to refuse an application for registration until the appropriate fee has been paid.
Removal of entries from the Register
10
The Council may make provision as to the removal of entries from the Register where the persons concerned have ceased to be eligible for registration, have failed to pay a registration fee, or otherwise.
Issue and form of certificates of registration
11
The Council may make provision as to the issuing of certificates of registration to registered teachers, and as to the form of such certificates.
Public access to the Register
12
1
The Council shall on request inform a member of the public whether or not a person is a registered teacher.
2
The Council may make available for inspection the names of teachers on the Register in such a manner as the Council determine.
PART III
CODE OF PRACTICE
Issue and revision of Code of Practice
13
The Council may issue and from time to time revise a Code of Practice laying down standards of professional conduct and practice expected of registered teachers.
Provision of copies of the Code of Practice
14
1
The Council shall make copies of the Code of Practice available free of charge to all registered teachers —
a
when the Code of Practice is first issued;
b
if the Council so determine, when the Code of Practice is revised; and
c
on a teacher’s first registration.
2
The Council may make available a copy of the Code of Practice free of charge at any website maintained by them on the internet.
3
The Council may make available a copy of the Code of Practice free of charge to a person —
a
who is the employer or prospective employer of a teacher, or who is concerned with the employment of teachers, or
b
who is engaged in or concerned with the training or professional development of teachers,
at his request.
4
Subject to paragraphs (1) to (3), the Council shall on request provide copies of the Code of Practice on payment of such reasonable charge as they shall decide.
PART IV
SUPPLY OF INFORMATION
Supply of information to teachers
15
1
The Council shall supply a registered teacher, at his request, with a copy of the information entered on the Register against his name free of charge.
2
The Council shall supply a person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act, at his request and free of charge, with a copy of such records as they maintain about him pursuant to such order.
Supply of information to employers
16
1
Subject to paragraph (5), the Council shall if requested by an employer or prospective employer to whom this paragraph applies of —
a
a registered teacher; or
b
an unregistered person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act,
supply that employer or prospective employer with the information set out in Schedule 2 in respect of the teacher or person concerned.
2
Paragraph (1) applies to an employer or prospective employer who is —
a
a local education authority;
b
the governing body of a school maintained by a local education authority;
c
the governing body of a non-maintained special school;
d
the proprietor of an independent school;
e
an institution within the higher education sector; or
f
an institution within the further education sector.
3
The following shall be treated as an employer or prospective employer to whom paragraph (1) applies —
a
a local education authority where the employer or prospective employer is the governing body of a school maintained by that authority (whether or not the governing body has made a request under paragraph (1));
b
the appropriate diocesan authority in relation to a Church of England or Roman Catholic Church school (within the meaning of section 142 of the School Standards and Framework Act 1998) where the employer or prospective employer is the governing body of the school or the local education authority maintaining the school (whether or not the governing body or the authority have made a request under paragraph (1)); and
c
the Ministry of Defence in relation to a person appointed, or being considered for appointment, as a teacher at a school maintained or assisted by the Ministry of Defence.
4
A person to whom paragraph (1) applies, or who is to be treated as such a person, shall not disclose information supplied under this regulation to any person other than the teacher or person to whom the information relates.
5
Information may only be supplied under this regulation for reasons relating to a person’s employment or prospective employment as a teacher.
6
Before supplying information under this regulation, the Council must be satisfied that the person making the request proposes to use the information for the purposes referred to in paragraph (5).
Supply of information to the General Teaching Council for Scotland
17
1
The Council shall on request supply the information set out in Schedule 2 in relation to —
a
a registered teacher; or
b
a person about whom they maintain records in accordance with an order under section 7(1) and (4) of the 1998 Act,
to the General Teaching Council for Scotland.
2
Information may only be supplied pursuant to paragraph (1) on condition that the General Teaching Council for Scotland shall not disclose information supplied under this regulation to any person other than the teacher or person to whom the information relates.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
7th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment (No. 2) Order 2000 and shall come into force on 4th October 2000.
2
In this Order —
a
“the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 ;
b
“Table A of Schedule 1” means Table A (internal or external use) of Schedule 1 to the principal Order (which specifies the class of medicinal products, other than products the subject of a product licence of right, on general sale by virtue of article 2(a) of the principal Order);
c
“Table B of Schedule 1” means Table B (external use only) of Schedule 1 to the principal Order.
Amendment of Table A of Schedule 1 to the principal Order
2
In Table A of Schedule 1, there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entry set out in column 1 of the Table below, and against that entry there is inserted in columns 2, 3 and 4 the corresponding text in columns 2, 3 and 4 of the Table below —
Column 1 Column 2 Column 3 Column 4 Substance Maximum strength Use, pharmaceutical form or route of administration Maximum dose and maximum daily dose
Famotidine 10mg Tablets: for the short-term symptomatic relief of heartburn, indigestion, acid indigestion and hyperacidity 10mg (MD) 20mg (MDD).
Amendment of Table B of Schedule 1 to the principal Order
3
In Table B of Schedule 1, there is inserted in column 1, at the appropriate place in the alphabetical order of the entries as they appear in that column, the entries set out in column 1 of the Table below, and against the entry for Heparinoid there are inserted in columns 2 and 3 the corresponding text in columns 2 and 3 of the Table below —
Column 1 Column 2 Column 3 Substance Maximum strength Use, pharmaceutical form or route of administration
Alpha-pinene Heparinoid 1.0 per cent For the relief of bruises, sprains and soft tissue injuries in adults and in children aged 6 years and over.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
12th September 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
11th September 2000


text:
1
This Order may be cited as the Finance Act 1999, Part VII, (Appointed Day) Order 2000.
2
The day appointed for the purposes of sections 126 and 127 and 129 of the Finance Act 1999 is 1st April 2000.
Clive Betts
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Competition Act 1998 (Small Agreements and Conduct of Minor Significance) Regulations 2000 and shall come into force on 1st March 2000.
Interpretation
2
In these Regulations:
“ the Act ” means the Competition Act 1998;
“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Schedule to this Order; and where a business year does not equal twelve months the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business years as twelve months does to that period;
“business year” means a period of more than six months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts.
Small agreements
3
The category of agreements prescribed for the purposes of section 39(1) of the Act is all agreements between undertakings the combined applicable turnover of which for the business year ending in the calendar year preceding one during which the infringement occurred does not exceed £20 million.
Conduct of minor significance
4
The category of conduct prescribed for the purposes of section 40(1) of the Act is conduct by an undertaking the applicable turnover of which for the business year ending in the calendar year preceding one during which the infringement occurred does not exceed £50 million.
5
Where in the application of regulation 3 or 4 there is a calendar year in respect of which an undertaking has no business year ending in the preceding calendar year then the applicable turnover shall be the turnover for the preceding calendar year.


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) Regulations 2000 and shall come into force on 10th April 2000.
2
These Regulations extend to England only .
Sum needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £15.45 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 1999 , in so far as they extend to England, are hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
20th March 2000


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Greenwich) Red Route Traffic Order 1998 Variation Order 2000, and shall come into force on 4th April 2000.
Variations
2
The A205 Trunk Road (Greenwich) Red Route Traffic Order 1998 is varied by the following provisions of this Order.
3
In Schedule 4 item 2 is substituted as follows —
from a point 3.0 metres east of the common boundary of Nos. 369 and 371 Westhorne Avenue, east for a distance of 24.0 metres.
4
In Schedule 4 item 4 is substituted as follows —
from the north-eastern kerbline of the A20 Sidcup Road (at Clifton’s Roundabout), to a point 10.0 metres northeast of the common boundary of Nos. 437 and 439 Westhorne Avenue, including the access serving No. 59 Sidcup Road to the rear of the public highway.
5
In Schedule 4 item 6 is substituted as follows —
from the northern kerbline of Eltham Road, to a point 48.0 metres northeast of the northeastern kerbline of Keeling Road.
6
In Schedule 4 item 7 is substituted as follows —
from the north-eastern kerbline of Knockholt Road, to a point 19.0 metres north-east of the common boundary of Nos. 555 and 557 Westhorne Avenue.
7
In Schedule 4 item 11 is substituted as follows —
from a point 7.0 metres south-west of the common boundary of Nos. 502 and 504 Westhorne Avenue, southwest for a distance of 37.0 metres.
8
In Schedule 4 item 13 is substituted as follows —
from the southern kerbline of Eltham Hill, to a point 9.0 metres southwest of the common boundary of Nos. 462 and 464 Westhorne Avenue.
9
In Schedule 4 item 14 is substituted as follows —
from a point 4.0 metres northeast of the western flank wall of No. 410 Westhorne Avenue to the northeastern kerbline of the junction with A20 Sidcup (at Clifton’s Roundabout).
10
In Schedule 4 item 16 is substituted as follows —
from a point 3.0 metres east of the common boundary of Nos. 254 and 256 Westhorne Avenue, east for a distance of 24.0 metres.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
14th March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Brent) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Brent specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th May 2000


text:
Citation and commencement
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2000 and shall come into force on 1st September 2000.
Interpretation
2
The Court of Protection Rules 1994 shall be amended in accordance with these Rules and a reference to a rule by number alone is a reference to the rule so numbered in, and a reference to the Appendix is a reference to the Appendix to, those Rules.
Amendments to the Court of Protection Rules 1994
3
For rule 79 there shall be substituted the following rule —
79
A commencement fee shall be payable on any first application for the appointment of a receiver or other originating process in respect of any patient.
.
4
In rule 80 —
a
for paragraph (1) there shall be substituted the following paragraph —
1
An annual administration fee shall be payable on the first and on every subsequent anniversary of the date of the appointment of a receiver until the termination of the proceedings.
;
b
paragraph (3) shall be omitted;
c
for paragraph (5) there shall be substituted the following paragraph —
5
In any case in which it appears to the Public Trustee that the amount of the fee certified under this rule has been wrongly assessed, he may direct that the fee is to be adjusted at such time as appears to him to be convenient.
; and
d
paragraph (6)(b) shall be omitted.
5
In rule 81 —
a
in paragraph (1), after the words “in respect of any order or direction made” there shall be inserted the words “or, as the case may be, any application for an order or direction to be made,”;
b
after paragraph (1) the following paragraph shall be inserted —
1A
A transaction fee shall be payable in respect of an application for authorisation of a person under section 20 of the Trusts of Land and Appointment of Trustees Act 1996 .
,
c
for paragraph (3) there shall be substituted the following paragraph —
3
Where a transaction is to be approved under an order or direction mentioned in paragraph (1) above, or authorisation is to be given as mentioned in paragraph (1A), the fee shall be taken —
a
in a special case, upon the approval of the transaction;
b
otherwise, upon the making of the application for the order, direction or authorisation
and the Public Trustee shall issue a certificate stating the amount payable.
;
d
after paragraph (3) the following paragraphs shall be inserted —
3A
A transaction fee as specified in paragraph 3(4) of the Appendix shall be payable on application for the appointment of a new receiver.
3B
A transaction fee as specified in paragraph 3(5) of the Appendix shall be payable upon the making of the application for an order or direction to be made in exercise of the specific powers conferred by paragraph (b) of section 96(1) of the Act, ordering or authorising the sale of any land as defined in the Law of Property Act 1925 .
;
e
after paragraph (5) there shall be inserted the following paragraph —
6
In this rule, references to an application for an order or direction include (without limitation) an application for an order or direction made at the same time as a first application for the appointment of a receiver or other originating process.
.
6
In rule 83 —
a
in paragraph (2) the words “in respect of the clear annual income at the disposal of the patient” shall be omitted;
b
in paragraph (3) —
i
for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
at such time as the Public Trustee shall consider to be convenient
; and
ii
for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
as set out in paragraph 6 of the Appendix;
; and
c
paragraph (4) shall be omitted.
7
In rule 84 for the words “in cases where the Public Trustee has been appointed receiver” there shall be substituted the words “in cases where a receiver has been appointed”.
8
For the Appendix there shall be substituted the following —
APPENDIX
COURT OF PROTECTION FEES
Column 1 Column 2
Commencement fee (rule 79)
1
On the first application for the appointment of a receiver or other originating process.
£230.00 > Annual administration fee (rule 80)
2
Annually from the appointment of a receiver
£205.00 > Transaction fee (rule 81)
3
1
On any order (or, as the case may be, on any approval given by the court under an order) or, as thecase may be, on any application for such an order or approval, made by the court in the exercise of powers conferred by: —
i
the following paragraphs of section 96(1) of the Act: —
d
(settlement or gift of property)
h
(carrying out of contract) or
ii
section 1(3) of the Variation of Trusts Act 1958 (variation of trusts for the benefit of patient)
£50.00 or, in a “special case”, ¼% of the pecuniary consideration as defined in rule 81 if greater than £50.00
provided that no fee under sub-paragraph (i) or (ii) shall be taken if the property is worth less than £50.00 and no such fee shall exceed £500.00
section 100 of the Act (vesting of stock in curator appointed outside England and Wales)
£50.00
iv
section 96(1)(k) of the Act (exercise of powers)
£110.00
v
section 54 of the Trustee Act 1925 (concurrent jurisdiction with High Court over trusts)
£110.00
vi
section 20 of the Trusts of Land and Appointment of Trustees Act 1996 (authorisation of person to act as trustee).
£110.00
2
On an application for an order or direction to be made by the court in exercise of the powers conferred by section 36(9) of the Trustee Act 1925 (appointment of trustees)
£110.00
3
On an application for an order or authority to be made by the court under section 96(1)(e) of the Act (execution of will).
£475.00
4
On the application for the apppointment of a new receiver.
£175.00
5
On an application for an order or direction under section 96(1)(b) of the Act ordering or authorising the sale of any land.
£145.00 Detailed assessment of costs (rule 82)
4
1
On the filing of a request for a detailed assessment of costs.
£160.00
2
On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate.
£50.00 > Receivership fees (rule 83)
5
On the appointment of the Public Trustee as receiver.
£250.00
6
Annual administration fee.
£1,750.00 > Winding up fee (rule 84)
7
On the death of a patient: —
a
where the Public Trustee has been appointed receiver.
£1,015.00
b
otherwise.
£125.00
.
Irvine of Lairg, C.
22nd July 2000
We consent
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2000


text:
1
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 3) Order 2000 and shall come into force at 5 p.m. on 14th September 2000.
2
The Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) Order and the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 2) Order are hereby revoked.
2
For the purpose of the exercise of the powers conferred on him by sections 1 and 2 of the Energy Act 1976 to make orders and give directions respectively the Secretary of State designates the filling stations and fuel depots mentioned in the list entitled “Department of Trade and Industry: Fourth List of Designated Filling Stations and Fuel Depots” published by him on 14th September 2000.
Helen Liddell
Minister of State for Energy and Competitiveness in Europe
14th September 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (CommsTec Limited) Order 2000 and shall come into force on 21st November 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
18th October 2000