text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 and shall come into force on 18th May 2001.
2
This Order applies to England only .
3
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ; and
“the 2000 Act ” means the Local Government Act 2000.
Modification of Acts
2
The 1972 Act, the 1989 Act and the 2000 Act, in their application to England, are modified in accordance with articles 3 to 6.
Arrangements for discharge of functions by local authorities
3
In section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) —
a
after subsection (1), there shall be inserted —
1A
A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.
1B
Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, —
a
the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or
b
the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.
1C
Subsections (1A) and (1B) above do not affect arrangements made by virtue of section 19 of the Local Government Act 2000 (discharge of functions of and by another authority).
; and
b
after subsection (5), there shall be inserted —
5A
Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.
5B
Subsection (5A) above does not affect arrangements made by virtue of section 20 of the Local Government Act 2000 (joint exercise of functions).
.
Appointment of committees
4
In section 102 of the 1972 Act (appointment of committees) —
a
after subsection (1), there shall be inserted —
1A
For the purpose of discharging any function in pursuance of arrangements made under regulations made under section 18 of the Local Government Act 2000 (discharge of functions by area committees) —
a
a local authority may appoint a committee of the authority; or
b
any such committee may appoint one or more sub-committees.
;
b
in subsections (2) and (3), after “subsection (1)”, in each place where those words appear, there shall be inserted “or (1A)”; and
c
in subsection (4), after the words “to advise the appointing authority or authorities”, there shall be inserted the words “, or, where the appointing authority or each of the authorities operate executive arrangements, any executive of that or those authorities, or a committee or member of that executive,”.
Standing orders with respect to local authority staff
5
In section 8 of the 1989 Act (duty to adopt standing orders with respect to staff), for paragraph (d) of subsection (4), there shall be substituted —
d
without prejudice to section 191(1) below, special provision in relation to the appointment of persons —
i
in pursuance of section 9 below;
ii
for the purposes of functions exercised by joint committees on which relevant authorities are represented; and
iii
in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000 (mayor’s assistant).
.
Voting rights of members of joint committees
6
1
In section 13 of the 1989 Act (voting rights of members of certain committees: England and Wales) —
a
after subsection (5), there shall be inserted —
5A
Nothing in this section shall prevent the appointment of a council manager of a local authority, or one other officer of that local authority in his place, as a voting member of a joint committee, or a sub-committee of such a committee, where —
a
that local authority have a mayor and council manager executive ; and
b
the joint committee or the sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of that executive.
; and
b
in subsection (9), after the words “In this section — ”, there shall be inserted —
“council manager”, “executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000 (arrangements with respect to executives etc. ); and
.
2
In paragraph 3 of Schedule 1 to the 2000 Act (executive arrangements: further provision (mayor and council manager executives)) —
a
in sub-paragraph (10), for the words “sub-paragraph (11)”, there shall be substituted the words “sub-paragraphs (11) and (12A)”; and
b
after sub-paragraph (12), there shall be inserted —
12A
The council manager of a local authority is entitled to vote at a meeting of a joint committee, or sub-committee of such a committee, if —
a
that joint committee or sub-committee has been appointed for the purpose of discharging functions which, as respects that local authority, are the responsibility of the executive of the local authority; and
b
the council manager is a member of that joint committee or sub-committee.
.
Disability for voting on account of interest in contracts, etc.
7
1
Where a local authority are operating executive arrangements, sections 94 to 98 of the 1972 Act (restrictions on voting) shall apply as respects members of the authority’s executive, or of a committee of their executive, who are discharging functions of the local authority which are the responsibility of that executive or, as the case may be, that committee, as they apply in respect of members of local authorities, subject to the modification in paragraph (2).
2
References to meetings of any such executive or, as the case may be, any such committee shall be substituted for references to meetings of the local authority.
3
This article shall cease to have effect in relation to a local authority when paragraph 12 of Schedule 5 to the 2000 Act (minor and consequential amendments) comes into force in relation to that authority.
Standing orders with respect to local authority contracts
8
1
Before a local authority operate executive arrangements under Part II of the 2000 Act they shall make standing orders under section 135 of the 1972 Act (contracts of local authorities) with respect to the making of contracts on their behalf in the course of the discharge of functions which are the responsibility of the executive of that authority.
2
The standing orders shall include provision for securing that any contract which —
a
is of or above a value specified in the standing orders by the authority; or
b
is of a description specified in the standing orders by the authority,
must be in writing.
3
The function of specifying a value or a description of contracts for the purposes of the provisions required by paragraph (2) shall be discharged by the authority themselves and section 101 of the 1972 Act (arrangements for the discharge of functions by local authorities) shall not apply to that function.
4
The standing orders shall include provision for securing that any contract to which the provisions required by paragraph (2) apply must —
a
be made under the authority’s seal and be attested by at least one officer of the authority who, in the case of an authority having a mayor and council manager executive, is not the council manager, whether or not the seal is also attested —
i
by any member of the authority; or
ii
in the case of an authority having a mayor and council manager executive, by the council manager; or
b
be signed by at least two officers of the authority, whether or not the contract is also signed by any member of the authority.
5
In relation to an authority which are operating executive arrangements on the date on which this Order comes into force, the requirement of paragraph (1) to make the standing orders before they operate executive arrangements shall be treated as a requirement to make the standing orders as soon as reasonably practicable after that date.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
23rd April 2001


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Investment by Devolved Administrations) (Public-Private Partnership Business) Order 2001 and shall come into force on 28th March 2001.
2
In this Order —
“ the Act ” means the Government Resources and Accounts Act 2000;
“debt security” means any instrument creating or acknowledging indebtedness, including, in particular, debentures, loan stock, bonds and certificates of deposit; and
“securities” includes, in particular, any shares, stock and debt security and any instrument entitling the holder to subscribe for, acquire or convert any shares, stock or debt security.
3
The following forms of investment are specified for the purposes of section 20(3)(b) of the Act (powers of the Scottish Ministers, the Northern Ireland departments and the National Assembly for Wales to incur expenditure for the purpose of investment in the body mentioned in section 16 of the Act), namely, the acquisition —
a
from the Treasury of any debt security issued by the body mentioned in section 16 of the Act;
b
of any shares in that body, through the exercise of any right, including, in particular, any right of conversion, conferred by any such debt security; and
c
of any securities issued by that body, through the exercise of any right of pre-emption attaching to any such debt security or to any shares acquired pursuant to paragraph (b) above or section 20(3)(a) of the Act (acquisition from the Treasury of shares required by that body’s articles of association to be issued to the Treasury).
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2001 and shall come into operation on 1st March 2001.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 61A (emission of smoke, vapour, gases, oily substances etc. further requirements for certain motor vehicles first used after 1st January 2001)
3
In regulation 61A(4), for the words “this paragraph” shall be substituted “paragraph (3)”.
Amendment of Schedule 8 (plates for certain vehicles)
4
In Schedule 8, Part III —
1
in paragraph 2(1) —
a
at the beginning shall be inserted the words “Subject to paragraph 3A,” and
b
after the words “the Type Approval for Goods Vehicles Regulations ” shall be inserted “or the Motor Vehicles (Approval) Regulations 2001 ”;
2
in paragraph 3, at the beginning shall be inserted the words “Subject to paragraph 3A,”; and
3
after paragraph 3, shall be inserted —
3A
In the case of a vehicle —
a
which complies with the requirements specified in regulation 4(2) of the Motor Vehicles (Approval) Regulations 2001;
b
in respect of which a Minister’s approval certificate has been issued under section 58 of the 1988 Act for the purposes of the type approval requirements prescribed by those Regulations; and
c
in respect of which a Minister’s approval certificate has not subsequently been issued under that section for the purposes of the type approval requirements prescribed by the Type Approval for Goods Vehicles Regulations,
the weight shown on the plate in relation to items 7 and 10 in Part I of this Schedule shall be 3,500 kg.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Fuel (Composition and Content)(Amendment) Regulations 2001 and shall come into force on 31st December 2001.
Amendment of the Motor Fuel (Composition and Content) Regulations 1999
2
1
The Motor Fuel (Composition and Content) Regulations 1999 shall be amended in accordance with the following paragraphs —
a
in regulation 2 (general interpretation) at the end of the definition of “the Directive” there shall be added the words “as amended by Commission Directive 2000/71/ EC ”;
b
in regulation 3 (interpretation of requirement relating to motor fuel) in paragraph (3)(a)(i) and (ii) the word “Reid” shall be omitted;
c
in regulation 11 (variation of a leaded petrol permit) —
i
in paragraph (1) for sub-paragraph (b) there shall be substituted the following —
b
the terms of any condition of the permit which requires the permit holder to ensure that the amount of leaded petrol distributed to the nominated filling stations each month remains within a specified percentage of the monthly percentage.
; and
ii
after paragraph (1) there shall be inserted the following —
1A
For the purposes of paragraph (1) —
a
“monthly percentage” means a figure provided by the permit holder in relation to his application for the permit as being the amount of leaded petrol expected to be distributed to the proposed nominated filling stations for each month during a calendar year expressed as a percentage of the figure provided by him in relation to that application as being the amount of leaded petrol which he intended to distribute and sell over the period to be covered by any issued permit; and
b
“specified percentage” means a percentage specified by the Secretary of State in a leaded petrol permit.
;
d
in Schedule 1 (information and evidence required in relation to an application for a leaded petrol permit) in paragraph 8 sub-paragraphs (b) and (c) shall be omitted; and
e
in Schedule 2 (mandatory terms and conditions for a leaded petrol permit) —
i
in paragraph 1 sub-paragraph (1)(b) and (2) shall be omitted; and
ii
in paragraph 2 in sub-paragraph (a) paragraphs (ii) and (iii) shall be omitted.
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 December 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) Order 2001 and shall come into force on 1st March 2001.
2
This Order extends to England only .
3
In this Order “the 1970 Act ” means the Local Authorities (Goods and Services) Act 1970.
Designation as a public body
2
For the purposes of section 1 (Supply of goods and services by local authorities) of the 1970 Act, in its application to local authorities in England, a person of one of the descriptions specified in column (1) of the Schedule to this Order, being descriptions of persons appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body.
Restrictions on agreements
3
Where, in relation to the description specified in column (1) of the Schedule, a requirement is specified in column (2) (“a related requirement”), the agreements which a person of that description may enter into under section 1(1) of the 1970 Act by virtue of this Order shall be restricted to those which satisfy the related requirement.
Estelle Morris
Minister of State,
Department for Education and Employment
30th January 2001


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support, Pensions and Social Security Act 2000;
“the Administration Act ” means the Social Security Administration Act 1992;
“appeal” means an appeal to an appeal tribunal;
“appropriate relevant authority” has the meaning it has in paragraph 4 of Schedule 7 to the Act;
“benefit week” means a period of seven consecutive days commencing on a Monday and ending on a Sunday;
“claimant” means a person claiming housing benefit or council tax benefit or both;
“clerk to an appeal tribunal” means a clerk assigned to an appeal tribunal in accordance with regulation 37 of the Decisions and Appeals Regulations 1999 ;
“ Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“Decisions and Appeals Regulations 1999” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“designated authority” has the meaning it has in regulation 2(1) of the Work-focused Interviews Regulations ;
“financially qualified panel member” means a panel member who is an accountant and a member of —
the Institute of Chartered Accountants in England and Wales;
the Institute of Chartered Accountants in Scotland;
the Institute of Chartered Accountants in Ireland;
the Association of Chartered Certified Accountants;
the Chartered Institute of Management Accountants; or
the Chartered Institute of Public Finance and Accountancy;
“ Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“legally qualified panel member” means a panel member who —
has a general qualification (construed in accordance with section 71 of the Courts and Legal Services Act 1990) ; or
is an advocate or solicitor in Scotland;
“official error” means an error made by —
a relevant authority or a person —
authorised to carry out any function of a relevant authority relating to housing benefit or council tax benefit; or
providing services relating to housing benefit or council tax benefit directly or indirectly to a relevant authority;
an officer of —
the Department of Social Security;
the Commissioners of Inland Revenue; or
the Department for Education and Employment,
acting as such;
a person employed by a designated authority acting on behalf of the authority,
but excludes any error caused wholly or partly by any person or body not specified in sub-paragraphs (a) to (c) of this definition and any error of law which is shown to have been an error only by virtue of a subsequent decision of a Commissioner (construed in accordance with paragraph 23(1) of Schedule 7 to the Act) or the court;
“panel member” means a person appointed to a panel constituted under section 6 of the Social Security Act 1998;
“partner” means —
where a claimant is a member of a married or unmarried couple, the other member of that couple; or
where a claimant is polygamously married to two or more members of his household, any such member;
“person affected” shall be construed in accordance with regulation 3;
“President” means the President of appeal tribunals appointed under section 5 of the Social Security Act 1998;
“principal parties” has the same meaning as in paragraph 7(4) of Schedule 7 to the Act;
“relevant authority” has the same meaning as in paragraph 1(1) of Schedule 7 to the Act;
“relevant decision” has the same meaning as in paragraph 1(2) of Schedule 7 to the Act;
“work-focused interview” has the same meaning as in regulation 3 of the Work-focused Interviews Regulations;
“the Work-focused Interviews Regulations” means the Social Security (Work-focused Interviews) Regulations 2000 .
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Service of notices or documents
2
Where, by, or in consequence of, any provision of these Regulations or Schedule 7 to the Act —
a
any notice or other document is required to be given or sent to the clerk to an appeal tribunal, the Secretary of State or the relevant authority, that notice or document shall be treated as having been so given or sent on the day that it is received by the clerk to the appeal tribunal, the Secretary of State or the relevant authority, as the case may be; and
b
any notice (including notification of a decision of a relevant authority) or other document is required to be given or sent to any person other than the clerk to an appeal tribunal, the Secretary of State or the relevant authority, as the case may be, that notice or document shall, if sent by post to that person’s last known address, be treated as having been so given or sent on the day it was posted.
Person treated as a person affected by a decision
3
1
For the purposes of Schedule 7 to the Act and subject to paragraph (2), a person is to be treated as a person affected by a relevant decision of a relevant authority where that person is —
a
a claimant;
b
in the case of a person who is liable to make payments in respect of a dwelling and is unable for the time being to act —
i
a receiver appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf,
ii
in Scotland, a tutor, curator, judicial factor or other guardian acting or appointed in terms of law administering that person’s estate, or
iii
an attorney with a general power or a power to receive benefit appointed by the person liable to make those payments under the Powers of Attorney Act 1971 or the Enduring Powers of Attorney Act 1985 ;
c
a person appointed by the relevant authority under regulation 71(3) of the Housing Benefit Regulations or regulation 61(3) of the Council Tax Benefit Regulations (appointments for persons unable to act);
d
a person from whom the relevant authority determines that an overpayment is recoverable in accordance with Part XIII of the Housing Benefit Regulations or excess benefit is recoverable in acordance with Part XI of the Council Tax Benefit Regulations; or
e
a landlord or agent acting on behalf of that landlord and that decision is made under regulation 93 (circumstances in which payment is to be made to a landlord) or 94 (circumstances in which payment may be made to a landlord) of the Housing Benefit Regulations.
2
Paragraph (1) only applies in relation to a person referred to in paragraph (1) where the rights, duties or obligations of that person are affected by a relevant decision.
PART II
RE VI SI ONS AND SUPERSESSIONS
Revision of decisions
4
1
Subject to the provisions in this regulation, a relevant decision (“the original decision”) may be revised or further revised by the relevant authority which made the decision where —
a
the person affected makes an application for a revision within —
i
one month of the date of notification of the original decision; or
ii
such extended time as the relevant authority may allow under regulation 5;
b
within one month of the date of notification of the original decision that authority has information which is sufficient to show that the original decision was made in ignorance of, or was based upon a mistake as to, some material fact; or
c
an appeal is made under paragraph 6 of Schedule 7 to the Act against the original decision within the time prescribed in regulation 18 or, in a case to which regulation 19 applies the time prescribed in that regulation, but the appeal has not been determined.
2
An original decision may be revised or further revised by the relevant authority which made the decision, at any time by that authority, where that decision —
a
arose from an official error; or
b
was made in ignorance of, or was based upon a mistake as to, some material fact and as a result of that ignorance of or mistake as to that fact, the decision was more advantageous to the person affected than it would otherwise have been but for that ignorance or mistake.
3
Notwithstanding the provisions in paragraph (1), a relevant decision which adopts a rent officer’s determination may be revised or further revised by the relevant authority which made the decision at any time in consequence of a rent officer’s redetermination, substitute determination or substitute redetermination made under the Rent Officers (Housing Benefit Functions) Order 1997 or the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 which resulted in an increase in the amount which represents the rent for the purposes of calculating entitlement to benefit.
4
For the purposes of calculating the period in paragraph (1)(a)(i), where a written statement is requested under regulation 10, no account shall be taken of any period beginning with the day on which the relevant authority received the request for a statement and ending with the day on which that statement was provided to that person.
5
Where the relevant authority requires further evidence or information in order to consider all the issues raised by an application under paragraph (1)(a) (“the original application”), that authority shall notify the applicant that further evidence or information is required and, if it does so, the decision may be revised —
a
where the evidence or information so requested is provided within one month of the date of the notification or such longer period as the relevant authority may allow; or
b
where such evidence or information is not provided within the period referred to in sub-paragraph (a), on the basis of the original application.
6
A relevant decision that is prescribed under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act may be revised at any time.
7
A relevant decision made in respect of a claim or an award may be revised where —
a
a decision in respect of that claim or that award is given by an appeal tribunal, Commissioner or court on appeal against a decision (“decision A”);
b
the relevant decision was made after decision A; and
c
the relevant decision would have been made differently had the relevant authority been aware of that appeal decision at the time it made the relevant decision.
8
An application for a revision shall be made in writing and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo .
9
The relevant authority may treat an application for a supersession as an application for a revision.
10
Paragraph (1) shall not apply in respect of a change of circumstances which occurred since the decision was made or where the relevant authority has evidence or information which indicates that a relevant change of circumstances will occur.
Late application for a revision
5
1
The time limit for making an application for a revision specified in regulation 4 may be extended where the conditions specified in the following paragraphs of this regulation are satisfied.
2
An application for an extension of time (“the application”) shall be made in writing by the person affected by a relevant decision.
3
The application shall —
a
contain particulars of the grounds on which the extension of time is sought and shall contain sufficient details of the decision which it is sought to have revised to enable that decision to be identified;
b
be made within 13 months of the date of notification of the decision which it is sought to have revised; and
c
be delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply either to the relevant authority or to an office of a designated authority which displays the ONE logo.
4
The application shall not be granted unless the person affected satisfies the relevant authority that —
a
it is reasonable to grant the application;
b
the application for revision has merit; and
c
special circumstances are relevant to the application and as a result of those special circumstances it was not practicable for the application to be made within the time limit specified in regulation 4.
5
In determining whether it is reasonable to grant the application for an extension of time, no account shall be taken of the following —
a
that the person affected was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
6
In determining whether it is reasonable to grant an application, the relevant authority shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time specified in regulation 4 for applying for a revision and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
7
An application under this regulation for an extension of time which has been refused may not be renewed.
Date from which a revision takes effect
6
Where, on a revision under paragraph 3 of Schedule 7 to the Act, the relevant authority decides that the date from which a relevant decision (“the original decision”) took effect was erroneous, the decision under that paragraph shall take effect on the date the original decision would have taken effect had the error not been made.
Decisions superseding earlier decisions
7
1
Subject to the provisions in this regulation, the prescribed cases and circumstances in which a decision may be made under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions) are as set out in paragraph (2).
2
The appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act upon its own initiative or on an application made for the purpose on the basis that the decision to be superseded is a decision —
a
in respect of which–
i
there has been a change of circumstances; or
ii
it is anticipated that a change of circumstances will occur;
b
which is erroneous in point of law or made in ignorance of, or was based upon a mistake as to, some material fact provided that the decision —
i
cannot be revised on the basis of that error, ignorance or mistake; and
ii
is not a decision prescribed in regulations under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act;
c
which adopts a rent officer’s determination and in consequence of a rent officer’s redetermination, substitute determination or substitute redetermination made under the Rent Officers (Housing Benefit Functions) Order 1997 or the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 the amount which represents the rent for the purposes of calculating entitlement to benefit is reduced;
d
of an appeal tribunal or of a Commissioner that was made in ignorance of, or was based upon a mistake as to, some material fact;
e
which is prescribed in regulations made under paragraph 6(2)(e) or (4)(a) of Schedule 7 to the Act;
f
in respect of a person who —
i
is subsequently the subject of a separate decision or determination as to whether or not he took part in a work-focused interview; or
ii
had been held not to have taken part in a work-focused interview, but who had, subsequent to the decision to be superseded, attained the age of 60 or ceased to reside in an area in which there is a requirement to take part in a work-focused interview.
3
The reference to a change of circumstances in paragraph (2)(a) shall include changes of circumstances specified in regulation 75(2) of the Housing Benefit Regulations or regulation 65(2) of the Council Tax Benefit Regulations (changes of circumstances which do not need to be notified).
4
A decision which may be revised under regulation 4 may not be superseded under this regulation except where —
a
circumstances arise in which the appropriate relevant authority may revise that decision under regulation 4; and
b
further circumstances arise in relation to that decision which are not specified in regulation 4 but are specified in paragraph (2) or (5).
5
Where the appropriate relevant authority requires further evidence or information from the applicant in order to consider all the issues raised by an application under paragraph (2) (“the original application”), the authority shall notify the applicant that further evidence or information is required and, if it does so, the decision may be superseded —
a
where the applicant provides further relevant evidence or information within one month of the date of notification or such longer period of time as the appropriate relevant authority may allow; or
b
where the applicant does not provide such evidence or information within the time allowed under sub-paragraph (a), on the basis of the original application.
6
The appropriate relevant authority may treat an application for a revision or a notification of a change of circumstances as an application for a supersession.
7
An application under this regulation shall be made in writing and delivered, by whatever means, to the relevant authority or, in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo.
Date from which a decision superseding an earlier decision takes effect
8
1
A decision made by virtue of paragraph 4 of Schedule 7 to the Act (“the superseding decision”) shall take effect on a date other than the date on which it is made or the date on which the application was made in the cases or circumstances prescribed in paragraphs (2) to (7).
2
Subject to paragraphs (3) and (6), where the superseding decision is made on the ground that there has been, or it is anticipated that there will be, a change of circumstances, the superseding decision shall take effect on the date on which the change of circumstances is to take effect in accordance with regulations 68 and 68A of the Housing Benefit Regulations or, as the case may be, regulations 59 and 59A of the Council Tax Benefit Regulations .
3
For the purposes of determining the date on which a superseding decision is to take effect in accordance with paragraph (2), in a case where —
a
the change of circumstances is a change of circumstances that is required by regulations to be notified, other than any change of circumstances to which regulation 68A of the Housing Benefit Regulations or regulation 59A of the Council Tax Benefit Regulations applies; and
b
that change of circumstances is notified more than one month after it occurs, or such longer period as may be allowed under regulation 9; and
c
the superseding decision is advantageous to the claimant,
the date of notification of the change of circumstances shall be treated as the date on which the change of circumstances occurred.
4
Where the superseding decision is advantageous to the claimant and is made on the ground that the superseded decision was made in ignorance of, or was based upon a mistake as to, some material fact, the superseding decision shall take effect from the first day of the benefit week in which —
a
except where sub-paragraph (b) applies, the appropriate relevant authority first has information which is sufficient to show that the superseded decision was made in ignorance of, or was based upon a mistake as to, some material fact;
b
where the superseding decision was made pursuant to an application, that application was received by the appropriate relevant authority.
5
For the purpose of paragraphs (3)(c) and (4), the reference to the decision which is advantageous to the claimant includes a decision specified in regulation 17(2).
6
A superseding decision made in consequence of a rent officer’s redetermination, substitute determination or substitute redetermination under the Rent Officers (Housing Benefit Functions) Order 1997 or the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall take effect on the date on which a change of circumstances is to take effect in accordance with regulation 68 of the Housing Benefit Regulations as if that determination or redetermination were the relevant change of circumstances.
7
Where a decision is made superseding a decision of an appeal tribunal or of a Commissioner (“the appeal decision”) which —
a
was made in ignorance of, or was based upon a mistake as to, some material fact; and
b
was more advantageous to the claimant than it would otherwise have been but for that ignorance or mistake,
that superseding decision shall take effect on the date on which the appeal decision took or was to take effect.
8
A superseding decision made as a consequence of a determination which is a relevant determination for the purposes of paragraph 18 of Schedule 7 to the Act (restrictions on entitlement to benefit in certain cases of error) shall take effect from the date of the relevant determination.
Effective date for late notification of change of circumstances
9
1
For the purposes of making a decision under paragraph 4 of Schedule 7 to the Act a longer period of time may be allowed for the notification of a change of circumstances in so far as it affects the effective date of the change where the conditions specified in the following provisions of this regulation are satisfied.
2
An application for the purposes of paragraph (1) shall —
a
include particulars of the change of circumstances and the reasons for the failure to notify the change of circumstances on an earlier date; and
b
be made within 13 months of the date on which the change occurred.
3
An application for the purposes of paragraph (1) shall not be granted unless the appropriate relevant authority is satisfied that —
a
it is reasonable to grant the application;
b
the change of circumstances notified by the applicant is relevant to the decision which is to be superseded; and
c
special circumstances are relevant and as a result of those special circumstances it was not practicable for the applicant to notify the change of circumstances within one month of the change occurring.
4
In determining whether it is reasonable to grant the application, the appropriate relevant authority shall have regard to the principle that the greater the amount of time that has elapsed between the date one month after the change of circumstances occurred and the date the application for a superseding decision is made, the more compelling should be the special circumstances on which the application is based.
5
In determining whether it is reasonable to grant an application, no account shall be taken of the following —
a
that the applicant was unaware of, or misunderstood, the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
6
An application under this regulation which has been refused may not be renewed.
Notice of a decision against which an appeal lies
10
1
A person affected who has a right of appeal against a relevant decision shall be given written notice —
a
of the decision against which the appeal lies;
b
in a case where that notice does not include a statement of reasons for the decision, that he may request the relevant authority to provide him with a written statement of the reasons for that decision; and
c
of his right of appeal against that decision.
2
Where a written statement of the reasons for the decision is not included in the written notice of the decision and is requested under paragraph (1)(b), the relevant authority shall, so far as practicable, provide that statement within 14 days.
PART III
SUSPENSION AND TERMINATION OF BENEFIT AND OTHER MATTERS
Cases where a relevant authority may suspend
11
1
A relevant authority may suspend, in whole or in part —
a
any payment of housing benefit or council tax benefit;
b
any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,
in the circumstances prescribed in paragraph (2 ).
2
The prescribed circumstances are where —
a
it appears to the relevant authority that an issue arises whether —
i
the conditions for entitlement to housing benefit or council tax benefit are or were fulfilled; or
ii
a decision as to an award of such a benefit should be revised under paragraph 3 of Schedule 7 to the Act or superseded under paragraph 4 of that Schedule;
b
an appeal is pending against —
i
a decision of an appeal tribunal, a Commissioner or a court; or
ii
a decision given by a Commissioner or a court in a different case, and it appears to the relevant authority that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded; or
c
an issue arises whether —
i
an amount of housing benefit is recoverable under section 75 (overpayments) of the Administration Act or regulations made under that section; or
ii
an excess payment of council tax benefit under section 76 of the Administration Act or regulations made under that section has occurred.
Making or restoring of payments or reductions suspended
12
1
Subject to paragraph (2), the prescribed circumstances for the purposes of paragraph 13(1)(c) of Schedule 7 to the Act (the subsequent making, or restoring, of any or all of the payments or reductions so suspended) are —
a
in a case to which regulation 11(2)(a) applies, where the relevant authority is satisfied that the benefit so suspended is properly payable and no outstanding issues remain to be resolved;
b
in a case to which regulation 11(2)(b) applies, an appeal is no longer pending and the benefit suspended remains payable following the determination of that appeal.
2
Where any of the circumstances in paragraph (1) is satisfied, the relevant authority shall, so far as practicable, make the payment, or as the case may be, restore the reduction within 14 days of the decision to make or restore that payment or reduction.
Suspension for failure to furnish information etc.
13
1
The relevant authority may suspend in whole or in part —
a
any payment of housing benefit or council tax benefit;
b
any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,
in relation to persons who fail to comply with the information requirements (as defined in paragraph 14 of Schedule 7 to the Act) as provided for in regulations made pursuant to section 5(1)(hh) and 6(1)(hh) of the Administration Act (person required to satisfy the information provisions).
2
For the purposes of section 5(1)(hh) in so far as it applies to housing benefit and section 6(1)(hh) of the Administration Act the prescribed persons are —
a
a person in respect of whom payment of benefit or a reduction has been suspended under regulation 11(2)(a);
b
a person who has made an application for a decision of the relevant authority to be revised or superseded;
c
a person in respect of whom a question has arisen in connection with his award of benefit and who fails to comply with the requirement in regulation 73 of the Housing Benefit Regulations or regulation 63 of the Council Tax Benefit Regulations to furnish information or evidence needed for a determination whether a decision on an award should be revised under paragraph 3 or superseded under paragraph 4 of Schedule 7 to the Act.
3
The relevant authority shall notify any person to whom paragraph (2) refers of the requirements of this regulation.
4
A person to whom paragraph (2) refers must —
a
furnish the information or evidence needed within a period of —
i
one month beginning with the date on which the notification under paragraph (3) was sent to him; or
ii
such longer period as the relevant authority considers necessary in order to enable him to comply with the requirement; or
b
satisfy the relevant authority within the period provided for in paragraph (4)(a) that —
i
the information or evidence so required does not exist; or
ii
it is not possible for him to obtain the information or evidence so required.
5
Where a person satisfies the requirements in paragraph (4), the relevant authority shall, so far as practicable, make, or as the case may be restore, the payment within 14 days of the decision to make or restore that payment.
Termination in cases of a failure to furnish information
14
1
A person in respect of whom payment of benefit or a reduction has been suspended —
a
under regulation 11 and who subsequently fails to comply with an information requirement; or
b
under regulation 13 for failing to comply with such a requirement,
shall cease to be entitled to the benefit from the date on which the payments or reduction were so suspended, or such earlier date on which entitlement to benefit ceases.
2
Paragraph (1) does not apply —
a
subject to sub-paragraph (b), where not more than one month has elapsed since the end of the period under regulation 13(4) for the provision of information;
b
where payment of benefit or a reduction has been suspended in part under regulation 11 or regulation 13.
Decisions involving issues that arise on appeal in other cases
15
1
For the purposes of paragraph 16(3)(b) of Schedule 7 to the Act (prescribed cases and circumstances in which a decision may be made) the prescribed cases and circumstances are those in which the claimant would be entitled to benefit to which the decision which falls to be made relates, even if the appeal in the other case referred to in paragraph 16(1)(b) of that Schedule were decided in the way which is most unfavourable to him.
2
For the purposes of paragraph 16(3)(b) of Schedule 7 to the Act (prescribed basis) the prescribed basis on which the relevant authority may make a decision is as if —
a
the appeal in the other case referred to in paragraph 16(1)(b) of that Schedule 7 had already been determined; and
b
the appeal had been decided in the way which is most unfavourable to the claimant.
PART IV
RIGHTS OF APPEAL AND PROCEDURE FOR BRINGING APPEALS
Decisions against which no appeal lies
16
1
No appeal shall lie against a decision specified in the Schedule to these Regulations.
2
An appeal made against a decision specified in the Schedule to these Regulations may be struck out in accordance with the provisions in regulation 23 of these Regulations and regulation 46 of the Decisions and Appeals Regulations 1999.
3
In this regulation references to a decision include references to a determination embodied in or necessary to a decision.
Appeal against a decision which has been revised
17
1
An appeal against a decision of the relevant authority shall not lapse where the decision is revised under paragraph 3 of Schedule 7 to the Act before the appeal is determined and the decision as revised is not more advantageous to the appellant than the decision before it was so revised.
2
For the purposes of this regulation, a decision which is more advantageous includes any decision where —
a
any housing benefit or council tax benefit paid or any reduction in the amount that a person is liable to pay in respect of council tax is greater or is awarded for a longer period in consequence of a decision made under paragraph 3 of Schedule 7 to the Act;
b
the amount of housing benefit or council tax benefit in payment or reduction in the amount a person is liable to pay in respect of council tax would have been greater but for the operation of the Administration Act in suspending the payment of, or disqualifying a claimant from receiving, some or all of the benefit;
c
as a result of the decision, a denial of, or disqualification for the receiving of, housing benefit or council tax benefit is lifted, wholly or in part; or
d
in consequence of the revised decision, housing benefit or council tax benefit paid is not recoverable by virtue of or as a consequence of section 75 or 76 of the Administration Act, or an amount so recoverable is reduced.
3
Where a decision as revised under paragraph 3 of Schedule 7 to the Act is not more advantageous to the appellant than the decision before it was revised, the appeal shall be treated as though it had been brought against the decision as revised.
4
The appellant shall have a period of one month from the date of notification of the decision as revised to make further representations as to the appeal.
5
After the expiration of the period specified in paragraph (4), or within that period if the appellant consents in writing, the appeal to the appeal tribunal shall proceed except where, in the light of further representations from the appellant, the relevant authority further revises its decision and that decision is more advantageous to the appellant than the decision before it was revised.
Time within which an appeal is to be brought
18
1
Subject to the following paragraphs and regulation 19, an appeal which lies from a relevant decision must be brought within one month of the date of notification of that decision.
2
For the purposes of calculating the period in paragraph (1), where a written statement is requested under regulation 10, no account shall be taken of any period beginning with the day on which the relevant authority received the request for a statement and ending with the day on which that statement was provided to that person.
3
Where the relevant authority —
a
revises a decision under paragraph 3 of Schedule 7 to the Act;
b
following an application for a revision under regulation 4, does not revise; or
c
supersedes a decision under paragraph 4 of Schedule 7 to the Act,
subject to paragraph (2), the period of one month shall begin to run from the date of notification of that revision or supersession, or following an application for a revision, the date the authority issues a notice that it is not revising the decision.
4
Where a dispute arises as to whether an appeal was brought within the time limit specified in this regulation, the dispute shall be referred to, and be determined by, a legally qualified panel member.
5
The time limit specified in this regulation for bringing an appeal may be extended in accordance with regulation 19.
Late appeals
19
1
Subject to the following paragraphs, the time limit referred to in regulation 18 may be extended only if the conditions set out in this regulation are satisfied.
2
No appeal shall be brought more than one year after the expiration of the last day for appealing under regulation 18.
3
An application for an extension of time within which an appeal may be brought (“an application”) shall be determined by a legally qualified panel member.
4
An application shall contain particulars of the grounds on which the extension of time is sought, including details of any relevant special circumstances for the purposes of paragraph (7).
5
An application shall not be granted unless the panel member is satisfied that —
a
if the application is granted there are reasonable prospects that the appeal will be successful; or
b
it is in the interests of justice for the application to be granted.
6
For the purposes of paragraph (5)(b), it is not in the interests of justice to grant an application unless the panel member is satisfied that —
a
any of the special circumstances specified in paragraph (7) are relevant to the application; or
b
some other special circumstances exist which are wholly exceptional and relevant to the application,
and as a result of those special circumstances, it was not practicable for the appeal to be made within the time limit referred to in regulation 18.
7
For the purposes of paragraph (6)(a), the special circumstances are —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
8
In determining whether it is in the interests of justice to grant the application, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiration of the time within which the appeal is to be brought under regulation 18 and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application is based.
9
In determining whether it is in the interests of justice to grant an application, no account shall be taken of the following —
a
that the applicant was unaware of or misunderstood the law applicable to his case (including ignorance or misunderstanding of the time limits imposed by these Regulations); or
b
that a Commissioner or a court has taken a different view of the law from that previously understood and applied.
10
An application under this regulation which has been refused may not be renewed.
11
The panel member who determines an application shall record a summary of his decision in such written form as has been approved by the President.
12
As soon as practicable after the decision is made, a copy of the decision shall be sent or given to the principal parties to the proceedings.
Making of appeals and applications
20
1
An appeal or application for an extension of time must —
a
be in writing on a form approved for the purpose by the relevant authority or in such other format as the relevant authority may accept;
b
be signed by the person who has a right of appeal under paragraph 6(3) of Schedule 7 to the Act;
c
be delivered, by whatever means, to the relevant authority, or in a case to which the Work-focused Interviews Regulations apply, either to the relevant authority or to an office of a designated authority which displays the ONE logo;
d
contain particulars of the grounds on which it is made; and
e
contain sufficient particulars of the decision or subject of the application to enable that decision or subject of the application to be identified.
2
A form which is not completed in accordance with the instructions on the form, except where paragraph (3) applies, does not satisfy the requirements of paragraph (1), and may be returned by the relevant authority to the sender for completion in accordance with those instructions.
3
Where the relevant authority is satisfied that the form, although not completed in accordance with the instructions on it, includes sufficient information to enable the appeal or application to proceed, it may treat the form as satisfying the requirements of paragraph (1).
4
Where an appeal or application is made in writing otherwise than on the approved form (“the letter”), and the letter includes sufficient information to enable the appeal or application to proceed, the relevant authority may treat the letter as satisfying the requirements of paragraph (1).
5
Where the letter does not include sufficient information to enable the appeal or application to proceed, the relevant authority may request, in writing, further particulars.
6
Where a person to whom a form is returned or from whom further particulars are requested duly completes and returns the form or sends the further particulars and the form or particulars, as the case may be, are received by the relevant authority within —
a
14 days of the date on which the form was returned to him, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;
b
14 days of the date on which the relevant authority’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request;
c
such longer period as the relevant authority may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the relevant authority.
7
Where a person to whom a form is returned or from whom further particulars are requested does not complete and return the form or send further particulars within the period of time specified in paragraph (6) —
a
the relevant authority shall forward a copy of the form, or as the case may be, the letter, together with any other relevant documents or evidence to a legally qualified panel member; and
b
the panel member shall determine whether the form or the letter satisfies the requirements of paragraph (1), and shall inform the relevant authority and appellant or applicant of his determination.
8
Where —
a
a form is duly completed and returned or further particulars are sent after the expiry of the period of time allowed in accordance with paragraph (6); and
b
no decision has been made under paragraph (7) at the time the form or the further particulars are received by the relevant authority,
the form or further particulars shall also be forwarded to the legally qualified panel member who shall take into account any further information or evidence set out in the form or further particulars.
9
The relevant authority may discontinue action on an appeal where the appeal has not been forwarded to the clerk to an appeal tribunal or to a legally qualified panel member and the appellant or an authorised representative of the appellant has given written notice that the appellant does not wish the appeal to continue.
Death of a party to an appeal
21
1
In any proceedings, on the death of a party to those proceedings, the relevant authority may appoint such person as it thinks fit to proceed with the appeal in the place of the deceased.
2
A grant of probate, confirmation or letters of administration in respect of the deceased, whenever taken out, shall have no effect on an appointment made under paragraph (1).
3
Where a person appointed under paragraph (1) has, prior to the date of such appointment, taken any action in relation to the appeal on behalf of the deceased, the effective date of appointment shall be treated as the day immediately prior to the first day on which such action was taken.
PART V
APPEAL TRIBUNALS
Composition of appeal tribunals
22
1
Subject to paragraph (2), for the purposes of Schedule 7 to the Act and Regulations made thereunder, an appeal tribunal shall consist of —
a
a financially qualified panel member and a legally qualified panel member where the appeal may require consideration by members of the appeal tribunal of issues which are, in the opinion of the President, difficult and which relate to —
i
profit and loss accounts, revenue accounts or balance sheets relating to any enterprise;
ii
an income and expenditure account in the case of an enterprise not trading for profit; or
iii
the accounts of any trust fund; and
b
in any other case, a legally qualified panel member.
2
The President may determine that an appeal tribunal constituted in accordance with paragraph (1) shall include an additional member drawn from the panel constituted under section 6 of the Social Security Act 1998 for the purposes of providing experience for that additional member or for assisting the President in the monitoring of standards of decision making by panel members.
3
Subject to paragraph (2), an appeal tribunal determining a misconceived appeal as a preliminary issue in accordance with regulation 23(1) of these Regulations and regulation 48 of the Decisions and Appeals Regulations 1999 shall consist of a legally qualified panel member.
Procedure in connection with appeals
23
1
Subject to paragraphs (2) and (3), the provisions in Chapters II to V of Part V of the Decisions and Appeals Regulations 1999 as in force on the date these Regulations are made shall apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.
2
Regulations 38A , 41 , 44, 45, 52 and 57B of the Decisions and Appeals Regulations 1999 shall not apply in relation to the procedure to be followed in respect of appeals under Schedule 7 to the Act.
3
The provisions of the Decisions and Appeals Regulations 1999 referred to in paragraph (1) shall have effect as if a reference to —
a
the Secretary of State, except in regulations 40 (withdrawal of appeal or referral) and 58 (application for leave to appeal to a Commissioner from an appeal tribunal), were a reference to a relevant authority;
b
party to the proceedings were a reference to principal parties;
c
“these Regulations” in regulations 46(1)(b) (appeals which may be struck out) and 57A (provisions common to regulations 56 and 57) were a reference to the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;
d
a person in regulation 51 (postponement and adjournment) included a reference to a relevant authority;
e
a relevant enactment, in regulations 56 and 57 (correction of accidental errors and setting aside decisions) were a reference to Schedule 7 to the Act; and
f
in regulation 58 —
i
section 12 and 13 were a reference to paragraphs 6 and 7 of Schedule 7 to the Act; and
ii
the Board were a reference to a relevant authority.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 2001


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stage II) Designation (Amendment) Order 2001 and shall come into force on 15th October 2001.
Interpretation
2
In this Order “the principal Order ” means the Environmentally Sensitive Areas (Stage II) Designation Order 2000 .
Amendment of the principal Order
3
1
Part 3 of Schedule 1 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 1, of “135” for the figure “125”;
b
in item 2(a), of “375” for the figure “350”;
c
in item 2(d)(i), of “300” for the figure “280”; and
d
in item 3(b), of “70” for the figure “50”.
2
Part 3 of Schedule 2 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 1(a), of “35” for the figure “34”;
b
in item 2(a), of “110” for the figure “100”;
c
in item 2(b), of “190” for the figure “180”;
d
in item 3, of “150” for the figure “120”;
e
in item 4(a), of “15” for the figure “13”;
f
in item 4(b), of “100” for the figure “85”; and
g
in item 7, of “75” for the figure “78”.
3
For Part 3 of Schedule 3 to the principal Order there shall be substituted Part 3 as set out in the Schedule to this Order.
4
Part 3 to Schedule 4 of the principal Order shall be amended, in column 2, by the substitution —
a
in item 2, of “290” for the figure “270”;
b
in item 4, of “340” for the figure “290”;
c
in item 5, of “80” for the figure “50”;
d
in item 6, of “60” for the figure “50”; and
e
in item 8, of “170” for the figure “130”.
5
Part 3 of Schedule 5 to the principal Order shall be amended, in column 2, by the substitution —
a
in item 1, of “35” for the figure “25”;
b
in item 2, of “135” for the figure “110”;
c
in item 3, of “50” for the figure “45”;
d
in item 4, of “40” for the figure “35”;
e
in item 5, of “330” for the figure “295”;
f
in item 6(a), of “300” for the figure “265”; and
g
in item 6(b), of “425” for the figure “400”.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
19th September 2001
We consent,
Tony McNulty
Gordon Brown
Two of the Lords Commissioners of Her Majesty’s Treasury
20th September 2001


text:
Citation and commencement
1
This Order may be cited as the Civil Aviation Act 1982 (Overseas Territories) Order 2001 and shall come into force on 16th May 2001.
Revocation
2
The Civil Aviation Act 1971 (Overseas Territories) Order 1976 is hereby revoked, except insofar as it applies to Gibraltar.
Amendment of the Civil Aviation Act 1949 (Overseas Territories) Order 1969
3
The Civil Aviation Act 1949 (Overseas Territories) Order 1969 is hereby amended as follows:
1
In Article 3, for “sections 8, 9, 10” there shall be substituted “sections 8 (except subsection (4)), 9”.
2
In paragraph 1 of Schedule 2, subsection (4) of section 8 shall be deleted.
3
Paragraph 3 of Schedule 2 shall be deleted.
Extension of sections 61 and 75 of the Civil Aviation Act 1982
4
Sections 61 and 75 of the Civil Aviation Act 1982 modified as in Schedule 1 to this Order shall extend to the Territories specified in Schedule 2.
Savings
5
Nothing in this Order shall affect any Order in Council made under section 8 of the Civil Aviation Act 1949, as extended to the Territory by the Civil Aviation Act 1949 (Overseas Territories) Order 1969 or any regulations made under section 10 of the said Act as so extended, being an Order in Council or regulations in force immediately before the coming into force of this Order.
Interpretation
6
In this Order —
“the Chicago Convention” means the Convention on International Civil Aviation which was, on 7th December 1944, signed on behalf of the Government of the United Kingdom at the International Civil Aviation Conference held at Chicago;
“Governor” means the officer for the time being administering the Territory;
“the Territory” means any one of the territories mentioned in Schedule 2 to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement and extent
1
These Regulations may be cited as the Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2001, shall come into force on 8th April 2001, and shall extend to England.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“applicant” means an applicant as described in Article 6, and approved in accordance with Articles 7, 8 and (where applicable) 9, of the Commission Regulation;
“the Commission Regulation” means Commission Regulation ( EC ) No. 2707/2000 laying down rules for applying Council Regulation (EC) No. 1255/1999 as regards Community aid for supplying milk and certain milk products to pupils in educational establishments ;
“Community aid” means Community aid granted pursuant to Article 14(1), as amended , of the Council Regulation, and in accordance with the applicable rules and requirements, and subject to the applicable conditions, contained in the Commission Regulation;
“the Council Regulation” means Council Regulation (EC) No. 1255/1999 on the common organisation of the market in milk and milk products , as amended ;
“the Minister” means the Minister of Agriculture, Fisheries and Food.
Additional payments under Article 14(2) of Regulation 1255/1999
3
1
Subject to paragraph (2) below, where an applicant is in receipt of Community aid, the Minister may, in accordance with the provisions of Article 14(2), as amended , of the Council Regulation, as read with the Commission Regulation, pay that applicant an amount in addition to that Community aid.
2
For the purposes of the following provisions of the Commission Regulation (which apply to payments of Community aid) —
a
Article 2(1) and (2) (beneficiaries);
b
Article 2(3), first sub-paragraph (written commitments made by certain classes of applicant);
c
Articles 8 (excluding, in sub-paragraph (b), the words following the reference to Article 2) and 9 (written commitments made by applicants generally);
d
Article 10 (possibility for approval of an applicant to be suspended or withdrawn);
e
Article 11 (conditions governing applications for payment);
f
Article 12 (conditions governing payment);
g
Article 13 (possibility of payment in advance);
h
Article 14 (policing),
an application for aid to be paid under paragraph (1) above shall be treated as if it were an application for Community aid, and any sum payable or paid under paragraph (1) above shall be treated as if it were payable or paid by way of Community aid.
Withholding or recovery
4
1
Where the Minister reasonably believes that an applicant has received from him Community aid or a payment under regulation 3 above to either (or both) of which he was not entitled, or is in breach of any commitment given by him as a condition of such Community aid or of a payment under that regulation, he may —
a
withhold the whole or any part of such aid or payment that he might otherwise have made; or
b
recover on demand the whole or any part of any such aid or payment already made by him.
2
Before taking any action under paragraph (1) above, the Minister shall —
a
give to the applicant in question a written explanation of the reasons for the action he proposes to take;
b
afford that applicant the opportunity of making written representations within such time as he considers reasonable; and
c
consider any such representations.
5
In any case where an amount falls to be paid to the Minister by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable as a debt.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
15th March 2001


text:
Citation and commencement
1
This Order may be cited as the Central Sheffield University Hospitals and the Northern General Hospital National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Central Sheffield University Hospitals National Health Service Trust established by the Central Sheffield University Hospitals National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Northern General Hospital National Health Service Trust established by the Northern General Hospital National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
18th January 2001


text:
Citation and commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Eligible Voluntary Bodies and Relevant Employers) Order 2001 and shall come into force on 30th April 2001 and shall continue in force until the end of January 2002, when it shall expire.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Immigration and Asylum Act 1999;
“eligible voluntary body” means an organisation or body (other than a public or local authority) whose activities are carried on otherwise than for profit and which, prior to the 30th April 2001, has provided the Legal Services Commission with written notification of its firm intention to apply for the Community Legal Service Quality Mark;
“work permit” has the same meaning as in the Immigration Act 1971 ;
“immediate family” means a person’s spouse, and children below eighteen years of age.
Exemption of eligible voluntary bodies
3
Section 84(1) of the Act (provision of immigration services) shall not apply to a person employed by an eligible voluntary body when acting in that capacity, or to a person providing immigration advice or immigration services without payment on behalf of that body.
Exemption of relevant employers
4
1
Subject to paragraph (2), section 84(1) of the Act (provision of immigration services) shall not apply to a person who provides immigration advice or immigration services free of charge to an employee or prospective employee who has been granted a work permit and where the immigration advice or immigration services are restricted to matters which concern that employee or that employee’s immediate family.
2
For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the employer or prospective employer of the person receiving the advice or services, or an employee of that employer acting as such.
Barbara Roche
Minister of State
Home Office
5th April 2001


text:
Title and commencement
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2001 and shall come into force on 27th May 2001.
Amendment of the previous Regulations
2
1
The Medicines (Products for Animal Use — Fees) Regulations 1998 shall be amended in accordance with the remainder of this regulation.
2
In regulation 2(1) (interpretation), at the end of the definition of “Regulation ( EC ) No. 541/95 ” there shall be inserted the words “as amended by Commission Regulation (EC) No. 1146/98 ” and after the definition of “third country”, there shall be inserted the following definitions —
“ TSE Directive” means Commission Directive 1999/104/EC amending the Annex to Council Directive 81/852/ EEC on the approximation of the laws of the Member States relating to analytical, pharmacotoxicological and clinical standards and protocols in respect of the testing of veterinary medicinal products ;
“TSE variation application” means an application (other than a complex application as defined in Schedule 1 or an application which seeks to demonstrate compliance by cross-referring to data held by the relevant authority) to vary —
a marketing authorisation to comply with regulation 6(1)(f) of the Marketing Authorisation Regulations 1994 ; or
a product licence to render unnecessary the service of a notice under section 24(1A) of the Act to bring about the expiry of the licence for failure to comply with the criteria of the Annex to the TSE Directive;
.
3
At the end of regulation 5(1) (applications for variation of marketing authorisations etc ), there shall be added the words “unless the application is covered by regulation 7”.
4
For regulation 7 (variation at the invitation of the relevant authority), there shall be substituted the following regulation:
Variation applications for which no fee is payable
7
No fee is payable in respect of —
a
a TSE variation application; or
b
an application for a variation made at the express written invitation of the relevant authority.
5
In Schedule 1, Part I (interpretation), in the definition of “emergency vaccine application”, the words “marketing authorisation or” shall be deleted.
6
In Schedule 1, Part II (application fees), in Table A, opposite the words “emergency vaccine application” in column (1), there shall be deleted from column (2) the figure “£40”.
7
In Schedule 1, Part IV (variation fees), in column (1) of Table E, in the third item, the words “authorisation or” shall be deleted.
8
In Schedule 7 (waiver, reduction or refund of fees) —
a
in paragraph 2(a), there shall be inserted after the word “granted”, the words “or varied” and in paragraph 2(b) there shall be inserted after the word “for” at the first place where it occurs, the words “, or for a variation of,”; and
b
at the end of paragraph 4, there shall be inserted the following sub-paragraph —
3
Where a TSE variation application has been made before the coming into force of the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2001 the relevant authority shall refund or, where no payment has been made, waive any fee payable in connection with that application under regulation 5.
.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
25th April 2001
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State
Department of Health
25th April 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
1st May 2001
Bríd Rodgers
Minister of Agriculture and Rural Development
2nd May 2001
We consent
Jan Dowd and Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Reading Primary Care Trust (Establishment) Order 2001 and shall come into force on 20th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Reading Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Reading Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Berkshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Berkshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The West Berkshire Priority Care Service National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
8th February 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Retained Organs Commission (Establishment and Constitution) Amendment Order 2001 and shall come into force on 31st May 2001.
2
This Order extends to England only.
Amendment of the Retained Organs Commission (Establishment and Constitution) Order 2001
2
In article 4 of the Retained Organs Commission (Establishment and Constitution) Order 2001 (constitution of the Commission) , in paragraph (b), for “7” substitute “9”.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health


text:
1
This Scheme may be cited as the M11 London–Cambridge Motorway (Redbridge–Stump Cross Section) Scheme 1970 (Revocation) Scheme 2001 and shall come into force on 23rd March 2001.
2
The M11 London–Cambridge Motorway (Redbridge–Stump Cross Section) Scheme 1970 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W.S.C. Wadrup
A Divisional Director in the Highways Agency
5th March 2001


text:
1
These Regulations may be cited as the Federal Republic of Yugoslavia (Freezing of Funds) (Amendment) Regulations 2001 and shall come into force on 2nd October 2001.
2
At the end of Regulation 1(2)(b) of the Federal Republic of Yugoslavia (Freezing of Funds) Regulations 2001 , there is added “, as amended by Commission Regulation ( EC ) No. 1205/2001 of 19th June 2001 amending, for the first time, Council Regulation (EC) No. 2488/2000 of 10th November 2000 maintaining a freeze of funds in relation to Mr Milosevic and those persons associated with him” .
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
11th September 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Organisation Proposals) (England) (Amendment) Regulations 2001 and shall come into force on 1st May 2001.
Amendment
2
The Education (School Organisation Proposals) (England) Regulations 1999 shall be amended as follows.
3
In regulation 9 (Conditional approvals) —
a
in sub-paragraph (f) the word “and” shall be deleted;
b
there shall be added at the end the following sub-paragraphs —
h
the Secretary of State giving notice under regulation 5(1) of the Education (Foundation Body) (England) Regulations 2000 that a foundation body shall become operative and that the school shall form part of a group of schools for which that foundation body is to act;
i
the Secretary of State making a declaration under regulation 22(3) of the Education (Foundation Body) (England) Regulations 2000 that the school shall form part of an existing group of schools for which a foundation body acts; and
j
where the proposals in question depend upon any of the events specified in paragraphs (a) to (i) occurring by a specified date in relation to proposals relating to another school or proposed school, the ocurrence of such an event.
.
4
In paragraph 25 in Part IV of Schedule 3 (Additional information to be sent where the proposals are to alter the upper age limit of the school so that it ceases to provide sixth form education) —
a
in sub-paragraph (f) for the words , “including an assessment of the quality of those institutions and any transitional arrangements which will apply” there shall be substituted “and any transitional arrangements which may apply”;
b
for sub-paragraph (g) there shall be substituted —
g
details of the following examination results for the two school years before the current school year at the school which is the subject of the proposals and at each maintained school, city technology college, city technology for the arts, city academy and institution within the further education sector named pursuant to sub-paragraph (c) —
i
results of GCSE examinations limited, in the case of schools other than the school which is the subject of the proposals and further education colleges, to the results of GCSE examinations taken by pupils over compulsory school age;
ii
results of GCE A and AS examinations; and
iii
NVQs, GNVQs and other vocational qualifications for pupils over compulsory school age.
;
c
after sub-paragraph (g) there shall be inserted —
gg
an assessment of the quality of each maintained school, city technology college, city college for the technology of the arts, city academy and further education college named in accordance with sub-paragraph (f), including details of the examination results referred to in sub-paragraph (g);
;
d
for sub-paragraph (h), there shall be substituted —
h
the number of places available at those institutions named in accordance with sub-paragraph (c) or (f) which are schools; and
;
e
for sub-paragraph (i) there shall be substituted —
i
details of the distance, measured by the nearest available route, between the school and each of the institutions named in accordance with sub-paragraph (c) or (f) together with details as to the availability of public transport to the institutions named in accordance with sub-paragraph (f) (where such information is not already included in any proposed arrangements for transport contained in published proposals pursuant to paragraph 20 in Part IV of Schedule 2 to these Regulations).
.
Estelle Morris
Minister of State,
Department for Education and Employment
3rd April 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Assistance (Residential Accommodation) (Additional Payments) (England) Regulations 2001, and shall come into force on 1st October 2001.
2
These Regulations extend to England only .
Interpretation
2
In these Regulations —
“the 2001 Act ” means the Health and Social Care Act 2001;
“ the Act ” means the National Assistance Act 1948 ;
“the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 ;
“ the Directions ” means the National Assistance Act 1948 (Choice of Accommodation) Directions 1992 ;
“relevant liable relative” means a person who is liable under section 42 of the Act to maintain the resident and is making maintenance contributions;
“preferred accommodation” means accommodation at the place of the resident’s choice within England and Wales as indicated by the resident, in accordance with paragraph 2 of the Directions;
“relevant preferred accommodation” means preferred accommodation which meets the conditions in paragraph 3(a), (c) and (d) of the Directions, but where the cost of providing the resident with that preferred accommodation would require the local authority to pay more than that authority would usually expect to pay in order to provide Part 3 accommodation suitable for a person with the assessed needs of that resident;
“resident” means a person whom the local authority have assessed under section 47 of the National Health Service and Community Care Act 1990 as needing accommodation pursuant to section 21 of the Act (whether or not that person has as yet actually taken up residence in such accommodation); and
“relevant resident” means a resident —
to whom paragraph 1A of Schedule 4 to the Assessment Regulations (the twelve weeks property disregard) applies, or
who has entered into a deferred payment agreement with the local authority, as provided for in section 55 of the 2001 Act.
Additional payments
3
1
Regulation 4 applies if a resident has indicated that he wishes to be accommodated in relevant preferred accommodation.
2
Regulation 4 does not apply to any arrangements made under paragraph 4 of the Directions prior to the coming into force of these Regulations.
4
A local authority may provide a resident with relevant preferred accommodation in the following circumstances:
a
if a third party other than a relevant liable relative agrees to make the additional payments; or
b
in the case of a relevant resident, if the additional payments will be made by one or both of the following persons:
i
a third party other than a relevant liable relative, and
ii
the resident himself, from income or capital which is disregarded under Schedules 3 and 4 to the Assessment Regulations
and each person can reasonably be expected to make those additional payments for the duration of the arrangements.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th September 2001


text:
Citation and commencement
1
These Regulations may be cited as the Notification of New Substances (Amendment) Regulations 2001 and shall come into force on 13th April 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Notification of New Substances Regulations 1993 .
Amendment of regulation 3 of the principal Regulations
3
For sub-paragraph (d) of regulation 3(2) of the principal Regulations, there shall be substituted the following sub-paragraph —
d
a new substance which is placed on the market exclusively for use as an active substance in one or more of the following, namely —
i
a biocidal product to which the Biocidal Products Regulations 2001 apply,
ii
a biocidal product to which the Biocidal Products Regulations 2001 would have applied but for regulation 3(2) of those Regulations,
iii
a plant protection product to which the Plant Protection Products Regulations 1995 apply, or
iv
a pesticide to which the Control of Pesticides Regulations 1986 apply.
.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th March 2001