text:
Title, extent and commencement
1
These Regulations may be cited as the Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001, shall extend only to England and shall come into force on 1 February 2002.
Interpretation
2
1
In these Regulations —
“agricultural” has the same meaning as in the Agriculture Act 1947 ;
“additional environmental information” means any additional information required as part of the environmental statement in accordance with regulation 10(1);
“consent” means consent granted under regulation 13(1) of these Regulations;
“consultation bodies” means —
English Nature ;
the Historic Buildings and Monuments Commission for England ;
the Countryside Agency ;
the Environment Agency ; and
any other public authority, statutory body or other organisation which, in the opinion of the Secretary of State, has any interest in or holds any information which might be relevant to the project;
“ EEA State ” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed in Brussels on 17th March 1993;
“the EIA Directive ” means Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment ;
“environmental statement” means a statement —
that includes such of the information referred to in Part I of Schedule 2 as is reasonably required to assess the environmental effects of the project and which the applicant for consent can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
that includes at least the information referred to in Part II of Schedule 2.
“European site” means those sites described in paragraphs (a), (b), (d) and (e) of regulation 10(1) of the Habitats Regulations ;
“the Habitats Directive ” means Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;
“the Habitats Regulations” means the Conservation (Natural Habitats, &c.) Regulations 1994 ;
“interested parties” means those persons who notify the Secretary of State in accordance with regulation 15(5) that they wish to make representations in respect of an appeal;
“project” means —
the execution of construction works or other installations or schemes; or
other interventions in the natural surroundings and landscape,
involving the use of uncultivated land or semi-natural areas for intensive agricultural purposes;
“the relevant land” means the land upon which the project is to be carried out or, in relation to a project which has already been carried out, has been carried out;
“relevant project” means a project which the Secretary of State has decided is likely to have significant effects on the environment in accordance with regulation 5(4) (or is deemed to have so decided in accordance with regulation 5(8));
“screening decision” means a decision taken by the Secretary of State under regulation 5(4) or which is deemed to have been taken by her under regulation 5(8);
“transborder project” means a project where the relevant land is situated either partly in England and partly in Wales or partly in England and partly in Scotland;
2
Unless it is otherwise provided, expressions used both in these Regulations and in the EIA Directive or in the Habitats Directive shall have the same meaning in these Regulations as they have in those respective Directives.
3
A reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
4
All applications, notifications, representations, requests, approvals and agreements to which these Regulations apply shall be made in writing.
5
“Writing” in paragraph (4) above, except where it applies to notices under regulation 22 or 24, shall include an electronic communication within the meaning of the Electronic Communications Act 2000 provided that notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used that form of electronic communication in communicating with the Secretary of State pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which persons can communicate with him.
6
Notices or documents required or authorised to be served, sent or given under these Regulations may be sent by post.
Application of Regulations
3
1
These Regulations apply to any project which is not exempt under paragraphs (2) or (3) below.
2
A project is exempt under this paragraph if it:
a
is a project described in regulation 3(2) of the Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999 ;
b
constitutes development to which the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 apply; or
c
constitutes the carrying out of improvement works by a drainage body within the meaning of the Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999 .
3
A project is exempt under this paragraph to the extent that the Secretary of State, in accordance with Article 2(3) of the EIA Directive, directs that it shall be exempt from these Regulations.
4
In the case of a project which the Secretary of State decides is likely to have a significant effect on a European site (either alone or in combination with other projects), the power to direct that the project is exempt from these Regulations under paragraph (3) above shall be exercisable only to the extent that compliance with the Habitats Directive is secured in relation to the project.
Requirement for screening decision
4
No person shall begin or carry out a project without first obtaining a screening decision.
Screening procedure
5
1
An application for a screening decision shall be accompanied by —
a
a plan sufficient to identify the relevant land;
b
a brief description of the nature, extent and purpose of the project and of its possible effects on the environment; and
c
such other information or representations as the applicant may wish to provide or make.
2
The Secretary of State shall notify the applicant for a screening decision of the date the application was received by her.
3
If the Secretary of State considers she does not have sufficient information to make a screening decision she may request that the applicant supply any additional information she requires.
4
The Secretary of State shall decide in accordance with the selection criteria set out in Schedule 1 and paragraph (5) below whether a project is likely to have a significant effect on the environment.
5
A project which the Secretary of State decides is likely to have a significant effect on a European site (either alone or in combination with other projects), and which is not directly connected with or necessary to the management of the site, shall be treated as likely to have a significant effect on the environment.
6
The Secretary of State shall make a screening decision within thirty-five days of the date notified to the applicant in accordance with paragraph (2) above or such longer period as may be agreed with the applicant and, before reaching a screening decision, may consult with such of the consultation bodies as she thinks fit.
7
The Secretary of State shall —
a
notify a screening decision together with a statement giving the full reasons for the decision to the applicant;
b
enter the screening decision in a register to which the public shall have access at all reasonable times; and
c
notify the screening decision to such of the consultation bodies as would, in her opinion, wish to be informed of it.
8
If an applicant who has not been notified of a screening decision within the period specified in paragraph (6) above notifies the Secretary of State that he intends to treat such failure to notify him as a decision that the project is a relevant project, the Secretary of State shall be deemed to have decided that the project is a relevant project on the date the applicant so notifies her.
9
If at any time after the Secretary of State has decided or is deemed to have decided that a project is a relevant project under this regulation, she shall receive further information or representations which cause her to decide that the project is not a relevant project, she shall notify that decision and a statement giving the full reasons for the decision to the applicant and to the consultation bodies notified in accordance with paragraph (7)(c) above and shall enter the decision in the register referred to at paragraph (7)(b) above.
10
If a project to which a screening decision relates has not been commenced before the expiry of three years from the date it was notified to the applicant or of the date it was deemed to have been decided in accordance with paragraph (8) above, or of such longer period as may have been agreed by the Secretary of State, that screening decision shall cease to have effect.
Requirement for consent
6
No person shall begin or carry out a relevant project without first obtaining consent from the Secretary of State.
Scoping opinion
7
1
After obtaining a screening decision and before applying for consent the applicant may request the Secretary of State to give her opinion as to the information to be provided in the environmental statement (“a scoping opinion”).
2
If a scoping opinion is requested the Secretary of State shall consult the applicant and such of the consultation bodies as she thinks fit before she gives her opinion.
3
If the Secretary of State considers she has not been supplied with sufficient information to give a scoping opinion she shall notify the applicant of the matters upon which she requires additional information within twenty-eight days from the date of receipt by her of the request for the opinion.
4
The Secretary of State shall provide the applicant with a scoping opinion within five weeks from the date of receipt by her of the request for the opinion or from the date of receipt by her of any additional information requested in accordance with paragraph (3) above.
Provision of information
8
1
Any consultation body which is consulted by the Secretary of State in accordance with regulation 7(2) or which receives a request for information from a person who is intending to apply for consent shall determine whether they have in their possession any information which they consider relevant to the preparation of the environmental statement and, if they have, they shall, subject to paragraphs (2) and (3) below, make that information available to the applicant within twenty-eight days from the date of consultation or receipt of the request, as the case may be.
2
A reasonable charge may be made to the applicant by any body providing information under paragraph (1) above which reflects the cost of making the relevant information available.
3
Paragraph (1) above shall not require disclosure of information which is either capable of being treated as confidential or required to be so treated under regulation 4 of the Environmental Information Regulations 1992 .
The consent application
9
1
An application for consent (which shall include the environmental statement) shall be made to the Secretary of State.
2
An applicant for consent shall provide to the Secretary of State such number of copies of the application as she may reasonably require.
3
After the Secretary of State has received an application for consent in accordance with regulation 9(1) and (2) she shall —
a
send a copy of the application to such of the consultation bodies as she thinks fit and inform them that they may make representations within six weeks from the date the application was received by them; and
b
for the purpose of ensuring that members of the public concerned are given an opportunity to make representations before the application is determined, publish in a newspaper circulating in the locality of the relevant land a notice —
i
announcing that the application has been made;
ii
specifying an address at which copies of the application may be inspected free of charge and where anyone who wishes to obtain copies of the application may do so (for which a reasonable charge may be made) at all reasonable hours within six weeks from the date of publication of the notice; and
iii
stating that any person wishing to make any representations in relation to the likely environmental effects of the project for which consent is sought shall make them in writing to the Secretary of State at the address specified at paragraph (ii) above within six weeks from the date of publication of the notice.
Additional information
10
1
If, after having complied with regulation 9(3), the Secretary of State reaches the opinion that the environmental statement should contain additional information in order to be an environmental statement, she shall notify the applicant of the information (and the number of copies) required and the applicant shall provide the Secretary of State with that information.
2
The Secretary of State shall send a copy of the additional environmental information to such of the consultation bodies as she shall think fit and inform them that they may make representations within twenty-eight days.
3
The Secretary of State shall publish in a newspaper circulating in the locality of the relevant land a notice —
a
referring to the application to which the additional environmental information relates and the date on which that application was made;
b
announcing that the additional environmental information has been received;
c
specifying an address at which copies of the additional environmental information may be inspected free of charge and where anyone who wishes to obtain copies of the additional environmental information may do so (for a reasonable charge) at all reasonable hours within twenty-eight days from the date of publication of the notice; and
d
stating that any person wishing to make any representations in relation to the additional environmental information shall make them to the Secretary of State in writing at the address specified at paragraph (c ) above within twenty-eight days from the date of publication of the notice.
Other EEA States
11
1
As soon as possible following receipt of an application for consent the Secretary of State shall consider whether the relevant project is also likely to have significant effects on the environment of another EEA State and, if she is of the opinion that such effects are likely, or where an EEA State likely to be significantly affected so requests, the Secretary of State shall send to that EEA State:
a
details of the nature and location of the relevant project and any information she has on the impact it is likely to have on the EEA State; and
b
an indication as to whether she believes consent will be given and the nature of any such consent,
and shall request that the EEA State indicate within a reasonable time whether it wishes to participate in the procedure for which these Regulations provide.
2
If the EEA State indicates that it does wish to participate in the procedure for which these Regulations provide, the Secretary of State shall send it a copy of the application for consent (including the environmental statement) together with any additional environmental information and shall provide it with relevant information regarding the procedure under these Regulations.
3
The Secretary of State shall also —
a
arrange for the particulars and information referred to in paragraphs (1) and (2) above to be made available, within a reasonable time, to the authorities referred to in Article 6(1) of the EIA Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and
b
ensure that those authorities and the public concerned are given an opportunity, before consent for the project is granted, to forward to the Secretary of State, within a reasonable time, their opinion on the information supplied.
4
The Secretary of State shall in accordance with Article 7(4) of the EIA Directive —
a
enter into consultations with the EEA State concerned regarding, amongst other things, the potential significant effects of the project on the environment of that State and the measures envisaged to reduce or eliminate such effects; and
b
seek to agree with the other EEA State a reasonable period of time for the duration of the consultation period (to include consideration of any opinions received pursuant to paragraph (3)(b) above).
5
Where the Secretary of State receives from another EEA State information which has been made available in accordance with Article 7(1) and (2) of the EIA Directive (which relates to projects in one EEA State which are likely to have significant effects on the environment of another EEA State), the Secretary of State shall —
a
arrange for that information to be made available, within a reasonable time, to such of the consultation bodies and such members of the public as, in her opinion, would be likely to be concerned by the project; and
b
ensure that the consultation bodies and members of the public provided with information in accordance with sub-paragraph (a) above are given an opportunity during the period agreed between the Secretary of State and the relevant EEA State in accordance with paragraph (6)(b) below, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information provided.
6
The Secretary of State shall also, in accordance with Article 7(4) of the EIA Directive, —
a
enter into consultations with an EEA State from which information has been received as mentioned in paragraph (5) above regarding, amongst other things, the potential significant effects of the proposed project on the environment in England and the measures envisaged to reduce or eliminate such effects; and
b
seek to agree with that EEA State a reasonable period, before consent for the project is granted, during which the consultation bodies and members of the public referred to in paragraph (5)(b) above may forward their opinion to the competent authority in that EEA State in accordance with that paragraph.
Transborder projects
12
1
In the case of a transborder project where the greater part of the relevant land is situated in England, the Secretary of State shall consult the Scottish Ministers or the National Assembly for Wales as appropriate, before making a screening decision under regulation 5(4), giving a scoping opinion under regulation 7(4) or granting or refusing consent under regulation 13(1).
2
Subject to paragraph (4) below, in the case of a transborder project where the greater part of the relevant land is situated in Scotland or in Wales, that project shall be subject only to the equivalent regulations applicable to the project in Scotland or Wales as the case may be.
3
If so requested by the Scottish Ministers or the National Assembly for Wales as appropriate, the Secretary of State may agree that an application in respect of a transborder project to which these Regulations would otherwise apply be subject only to the equivalent regulations applicable to the project in Scotland or Wales as the case may be.
4
If, at the request of the Secretary of State, the Scottish Ministers or the National Assembly for Wales as appropriate, shall agree, a transborder project to which paragraph (2) above would otherwise apply shall be subject only to these Regulations.
The consent decision
13
1
The Secretary of State shall consider, in the light of the environmental statement, any additional environmental information and any representations received in accordance with paragraph (3) of regulation 9, paragraph (2) or (3) of regulation 10 and, in respect of projects to which regulation 11 applies, in the light of consultations with the relevant EEA State and any opinions received pursuant to paragraph (3)(b) of that regulation, whether or not to grant consent for the project.
2
The Secretary of State shall not reach her decision under paragraph (1) above until of the latest of —
a
the expiry of the period specified in the notice published under regulation 9(3)(b);
b
the expiry of twenty-eight days after the later of the date on which any additional environmental information was sent to any consultation bodies and the date that notice of it was published in accordance with regulation 10(3); and
c
the expiry of any period agreed between the Secretary of State and the relevant EEA State pursuant to regulation 11(4)(b).
3
The Secretary of State shall not grant consent for a project which would involve doing anything which would be unlawful under regulations 39, 41 or 43 of the Habitats Regulations (which shall not include anything for which a licence has been granted under regulation 44 of those Regulations).
4
Paragraphs (5) to (9) below shall apply to a decision by the Secretary of State whether or not to grant consent for a project which is likely to have a significant effect upon a European site (either alone or in combination with other projects) (referred to in those paragraphs as “the project”).
5
Subject to paragraphs (7) and (8) below, the Secretary of State shall grant consent for the project only if she has considered its implications for the European site and is satisfied that the project will not adversely affect the integrity of that site.
6
The consideration to be undertaken under paragraph (5) above shall involve an appropriate assessment of the implications of the project for the European site in view of that site’s conservation objectives.
7
If the Secretary of State is satisfied that, there being no alternative solution, the project must be carried out for imperative reasons of overriding public interest (which, subject to paragraph (8) below, may be of a social or economic nature), the Secretary of State may grant consent for the project notwithstanding a negative assessment of the implications for a European site.
8
Where the European site concerned hosts a priority natural habitat type or a priority species, the reasons referred to in paragraph (7) must be either —
a
reasons relating to human health, public safety or beneficial consequences of primary importance to the environment, or
b
other reasons which in the opinion of the European Commission are in the case of the site concerned imperative reasons of overriding public interest.
9
Where in accordance with paragraph (7) consent is granted for a project notwithstanding a negative assessment of the implications for a European site, the Secretary of State shall secure that any necessary compensatory measures are taken to ensure that the overall coherence of Natura 2000 (as defined in the Habitats Regulations) is protected.
10
Any consent granted in accordance with paragraph (1) above shall be subject to the conditions required by paragraph (11) below and to such additional conditions as the Secretary of State may think fit.
11
Every consent shall be granted subject to conditions to the effect that —
a
the consent shall lapse if the project has not commenced (by the carrying out of a material act) within one year of the date on which it was granted;
b
if the project has not been completed (which, in this regulation, shall mean that works permitted by the consent have been carried out and completed and all changes in the use or level of use of the relevant land permitted by the consent have been implemented) within three years of the date on which the consent was granted, the consent shall expire and the Secretary of State may require operations or uses implemented pursuant to the consent to cease until she has granted further consent in accordance with paragraph (d);
c
the consent authorises the project only as described in the consent application, subject to any amendments approved by the Secretary of State pursuant to a request by the applicant, and any material change in the operations or uses so authorised shall require further consent in accordance with paragraph (d);
d
applications for further consent under conditions in paragraphs (b) or (c ) above shall be subject to such of the requirements of these Regulations as the Secretary of State shall think fit.
12
When the Secretary of State has decided whether to grant consent she shall —
a
notify the applicant, those consultation bodies to whom copies of the consent application were sent in accordance with regulation 9(3)(a), any EEA State consulted pursuant to paragraph (4) of regulation 11 and any authority or person who forwarded their opinion to the Secretary of State pursuant to paragraph (3)(b) of that regulation of her decision together with the full reasons and considerations on which the decision is based;
b
inform the public of the decision by publishing a notice in a newspaper circulating in the locality in which the relevant land is situated or by such other means as she may think reasonable in the circumstances, and
c
make available for public inspection a statement containing:
i
the content of the decision;
ii
the full reasons and considerations on which the decision is based; and
iii
a description, where relevant, of the principal measures required to be taken to avoid, reduce or offset the major adverse effects of the project.
13
Where the Secretary of State has decided to grant consent for a project —
a
which consists of the carrying out of operations likely to damage any of the flora, fauna or geological or physiographical features by reason of which a site of special scientific interest (as defined by the Wildlife and Countryside Act 1981 ) is of special interest;
b
which English Nature have advised against permitting or have advised should be permitted only subject to certain conditions; and
c
in respect of which the Secretary of State’s decision does not follow the advice in sub-paragraph (b) above,
she shall give notice of her decision to English Nature, including a statement of how (if at all) she has taken account of English Nature’s advice, and shall impose a condition on the consent to prevent the project from being commenced before the end of the period of twenty-one days beginning with the date of that notice.
Review of decisions and consents
14
Schedule 3 shall apply to —
a
any decision that a project is not a relevant project made in accordance with regulation 5(4); and
b
any consent granted in accordance with regulation 13(1),
where, after the date of the decision or grant of consent, a site becomes a European site and in the opinion of the Secretary of State the carrying out or completion (within the meaning of regulation 13(11)(b)) of the project would be likely to have a significant effect on that site and would not be directly connected with or necessary for the management of the site.
Appeals (general provisions)
15
1
The following persons —
a
a person who has applied for a screening decision in respect of a project which the Secretary of State has decided is a relevant project, or is deemed to have so decided under regulation 5(8);
b
a person who has applied for consent for a relevant project in respect of which consent has been refused or has been granted subject to conditions (other than those specified in regulation 13(11)); and
c
a person upon whom a notice of a decision has been served in accordance with paragraph 3 of Schedule 3 or upon whom a notice has been served in accordance with paragraph 5 of that Schedule,
may by notice appeal to the Secretary of State against the consent, decision or notice as the case may be (in this regulation referred to as “the relevant decision”) in accordance with this regulation.
2
A person to whom paragraph (1) above applies must serve notice of an appeal on the Secretary of State within three months from the date upon which that person was notified of the relevant decision.
3
Notice of an appeal shall include —
a
a description of the relevant decision;
b
a statement of the grounds of appeal; and
c
a statement indicating whether the appellant wishes the appeal to be in the form of a hearing or a local inquiry or to be disposed of on the basis of written representations.
4
As soon as reasonably practicable after receipt of notice of an appeal the Secretary of State shall serve copies of the notice on such of the consultation bodies as she thinks fit; on any person who made representations in respect of the relevant decision; on any EEA State consulted pursuant to paragraph (4) of regulation 11 and on any authority or person who forwarded their opinion to the Secretary of State pursuant to paragraph (3)(b) of that regulation; and on any other person who appears to her to have a particular interest in the subject matter of the appeal.
5
A person upon whom a copy of a notice of an appeal has been served in accordance with paragraph (4) above may not make representations in respect of the appeal unless he notifies the Secretary of State that he wishes to do so within twenty-one days of the date on which a copy of the notice was served upon him.
6
Before determining an appeal the Secretary of State shall decide, if the appellant has indicated that he wishes to be heard, whether the hearing shall be by local inquiry and, if the appellant has not indicated that he wishes to be heard, whether the appeal shall be determined by written representations, hearing or local inquiry and in either case shall notify her decision to the appellant and to any persons who notified the Secretary of State in accordance with paragraph (5) that they wished to make representations accordingly.
7
On determining the appeal, the Secretary of State may allow or dismiss the appeal, or reverse any part of the decision which is the subject of the appeal, and may deal with the appeal in the same way as if it were a decision of first instance.
8
The Secretary of State may appoint any person to exercise on her behalf, with or without payment, her function of determining the appeal or any matter involved in the appeal and Schedule 4 shall have effect with respect to such appointment.
9
Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries, evidence and costs) apply in relation to hearings or local inquiries held in accordance with regulation 17 below as they apply to local inquiries under that section, but as if the references there to the Minister were references to the Secretary of State.
10
Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or local inquiry under regulation 17 below as it applies in relation to a hearing or local inquiry referred to in that section.
11
Except as otherwise provided by this regulation or by regulation 16 or 17 below the Secretary of State shall determine the procedure (which may include provision for site visits) for deciding the appeal.
12
Any representations, statement or other documents to be submitted to the Secretary of State in accordance with regulation 16 or 17 below shall be accompanied by such number of copies as the Secretary of State may specify.
Determination of appeals by written representations
16
1
This regulation shall apply to an appeal which is to be determined by written representations.
2
Within six weeks of receiving notice that the appeal is to be determined by written representations, the appellant shall either serve on the Secretary of State any further representations that he wishes to be considered by the Secretary of State or shall notify the Secretary of State that he wishes to rely on the information already supplied by him, and the Secretary of State shall either send to the interested parties copies of any further representations made by the appellant or shall notify them that the appellant does not intend to make further representations as the case may be.
3
Any of the interested parties who wishes to make representations in respect of the appeal shall, within twenty-eight days of receipt of further representations made by the appellant or of notification that the appellant does not wish to make further representations, as the case may be, serve such representations on the Secretary of State and the Secretary of State shall send copies of the representations served upon her to the appellant and to the other interested parties.
4
The Secretary of State shall allow the appellant and the other interested parties a period of not less than fourteen days in which to respond to the representations made in accordance with paragraph (3) above.
5
No earlier than the expiry of the period specified in paragraph (4) above, the Secretary of State or the person appointed to determine the appeal, as the case may be, shall determine the appeal and shall notify the decision and the reasons for it to the appellant and to the interested parties.
Determination of appeals by hearing or local inquiry
17
1
This regulation shall apply to an appeal which is to be determined by hearing or by local inquiry.
2
Within six weeks of receiving notice that the appeal is to be determined by hearing or by local inquiry, the appellant shall serve on the Secretary of State a statement which contains full particulars of his case and copies of any documents to which he wishes to refer at the hearing or local inquiry and the Secretary of State shall send copies of the statement and documents to the interested parties.
3
The Secretary of State shall give the appellant and the interested parties at least six weeks' notice of the date, time and place fixed for the hearing or local inquiry and of the name of the person appointed to conduct the hearing or local inquiry (or, as applicable, to determine the appeal) and shall give, not less than twenty-one days before the date fixed for the hearing or local inquiry, such notice to the public as she may think fit.
4
The Secretary of State may vary the time or place for the holding of the hearing or local inquiry and shall give such notice of any such variation as she may think fit.
5
Any of the interested parties who wishes to be heard at the hearing or local inquiry shall, within twenty eight days of receipt of the appellant’s statement pursuant to paragraph (2) above, notify the Secretary of State that he wishes to appear and the Secretary of State may require any person who has so notified her to serve upon her a statement containing the particulars of his case together with copies of any documents to which he wishes to refer at the hearing or local inquiry (other than those to which the appellant has expressed a wish to refer) within four weeks of being so required and the Secretary of State shall send copies of such statements to the appellant and to the other interested parties.
6
The Secretary of State may by notice require the appellant or any other person who has provided a statement in accordance with paragraph (5) above to provide her with such further information about the matters contained in the statement as she may specify and she shall send a copy of such information to the interested parties or to the appellant and the other interested parities as the case may be.
7
Before a hearing or local inquiry takes place the Secretary of State shall make all of the documents submitted by the appellant and the interested parties in respect of the hearing or local inquiry available for inspection by any person who so requests.
8
The persons entitled to be heard at a hearing or local inquiry are —
a
the appellant;
b
the interested parties; and
c
any other person whom the person appointed to conduct the hearing shall permit to be heard.
9
A person entitled to appear at a local inquiry who proposes to give evidence at the inquiry by reading a proof of evidence shall send a copy of the proof of evidence to the Secretary of State together with a written summary not less than three weeks before the date fixed for the local inquiry and the Secretary of State shall send copies of the proof and summary to the interested parties or to the appellant and the other interested parties as the case may be.
10
After the conclusion of the hearing or local inquiry, the person appointed to conduct the hearing or local inquiry shall, unless he has been appointed to determine the appeal, make a report to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
11
If the Secretary of State differs from the person making the report in accordance with paragraph (10) above on any matter of fact mentioned in, or appearing to her to be material to, a conclusion reached by that person, or takes into consideration any new evidence or new matter of fact and is for that reason disposed to disagree with a recommendation made in the report, she shall not come to a decision without first affording to any persons who appeared at the hearing or local inquiry the opportunity of making representations to her within such reasonable time as she shall specify.
12
The Secretary of State or the person appointed to determine the appeal, as the case may be, shall notify the decision and the reasons for it, and shall send a copy of any report made in accordance with paragraph (10) above, to the appellant, to the interested parties and to any other persons who appeared at the hearing or local inquiry and who asked to be notified of the decision.
Application to the court by person aggrieved
18
1
On the application of any person aggrieved by a decision of the Secretary of State that a project is not a relevant project or by a decision to grant consent for a relevant project, the High Court may make an order quashing the decision where it is satisfied that the decision is not within the powers of regulation 5(4) or 13(1), as the case may be, or that the interests of the person who has applied to the court have been substantially prejudiced by a failure to comply with any other requirement of these Regulations.
2
An application to the High Court under this regulation shall be made within six weeks from the date of publication of the decision in accordance with regulation 5(7)(b) or 13(12)(b).
3
The High Court may by interim order, pending the determination of an application under this regulation, stay the operation of the decision on such terms as it may think fit.
Offence of carrying out a project without a decision under these Regulations
19
Any person who begins or carries out a project without first obtaining either a decision that the project is not a relevant project or a decision granting consent for the project in accordance with these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence of carrying out work in contravention of a condition
20
Any person who carries out any activity in contravention of any condition of a consent granted in accordance with these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offence of procuring a decision by supplying false information etc
21
1
Any person who, for the purpose of procuring a particular decision on an application made under these Regulations, —
a
knowingly or recklessly makes a statement which is false or misleading in a material particular;
b
with intent to deceive, uses any document which is false or misleading in a material particular; or
c
with intent to deceive, withholds any material information,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) above shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; or
b
on conviction on indictment, to a fine.
Stop notices
22
1
Where it appears to the Secretary of State that an offence has been committed under regulation 19, 20 or 21 above and she considers that the potential harm to the environment of any activity to which the offence relates is such that the work should cease with immediate effect, she may serve a notice (in this regulation referred to as a “stop notice”) prohibiting all or any part of such work.
2
The Secretary of State may serve a stop notice on any person who appears to her to have an interest in the relevant land or to be engaged in any activity prohibited by the notice.
3
The Secretary of State may at any time withdraw a stop notice (without prejudice to her power to serve another) by serving notice to that effect on those persons served with the stop notice.
4
A stop notice shall take effect no earlier than the time and date specified in the notice which, except in an emergency, shall not be less than twenty-four hours after it has been served.
5
A stop notice shall cease to have effect if a notice of withdrawal is served in accordance with paragraph (3); if the Secretary of State (or a person appointed by her to determine an appeal) grants consent for the prohibited work; or if the Secretary of State (or a person appointed by her to determine an appeal) decides that the prohibited work is not a relevant project.
Penalties for contravention of a stop notice
23
1
Any person who contravenes a stop notice that has been served on him shall be guilty of an offence.
2
An offence under this regulation may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this regulation by reference to any period of time following the preceding conviction for such an offence.
3
References in this regulation to contravening a stop notice shall mean causing or permitting its contravention.
4
A person guilty of an offence under this regulation shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
5
In proceedings for an offence under this regulation it shall be a defence for the accused to prove —
a
that the stop notice was not served on him; and
b
that he did not know, and could not reasonably have been expected to know, of its existence.
Reinstatement
24
1
Where it appears to the Secretary of State that an offence has been committed under regulation 19, 20 or 21 she may serve a notice (“a reinstatement notice”) upon the person who appears to her to be responsible for committing the offence requiring that person to reinstate, to her satisfaction, the relevant land to the condition it was in before the project was commenced and specifying the period within which the reinstatement is required to be carried out.
2
Where the condition of the relevant land before the project was commenced cannot be determined with reasonably accuracy or where it is not possible to return the relevant land to the same condition it was in before the project commenced, the reinstatement notice shall impose such requirements for the purposes of reinstatement as shall, in the opinion of the Secretary of State (after consultation with such of the consultation bodies as she thinks fit), be reasonable in the circumstances.
3
A person served with a notice under paragraph (1) above may, within twenty-one days from the date on which the notice is served on him, appeal to the Magistrates' Court by way of complaint for an order on any of the following grounds: —
a
that the notice or any requirement in the notice is not within the power conferred by this regulation;
b
that there has been some material informality, defect or error in, or in connection with, the notice; or
c
that any of the requirements of the notice are unreasonable.
4
An appellant shall at the same time as he makes a complaint, deposit with the justices' clerk a notice of appeal stating his name and address and the grounds on which the appeal is made and shall serve a copy of the notice on the Secretary of State.
5
The justices' clerk or the court may give, vary or revoke directions for the conduct of proceedings, including —
a
the timetable for the proceedings;
b
the submission of evidence; and
c
the order of speeches.
6
The Magistrates' Courts Act 1980 shall apply to the proceedings.
7
Where an appeal is made in accordance with this regulation, the reinstatement notice shall be of no effect pending the final determination or abandonment of the appeal.
8
Any party to the proceedings of a Magistrates' Court in which a decision is made in accordance with this regulation may appeal against that decision to the High Court.
9
If any person, without reasonable excuse, fails to comply with any requirement of a reinstatement notice served under paragraph (1) above he shall be guilty of an offence and liable on summary conviction —
a
to a fine not exceeding level 5 on the standard scale; and
b
if the failure is continued after conviction, to a further fine not exceeding one twentieth of the maximum available for the substantive offence for every day on which the failure is so continued.
Powers of entry and default powers
25
1
Any person duly authorised in writing by the Secretary of State may, at a reasonable time, enter and inspect any land for the purpose of —
a
ascertaining whether an offence under regulation 19, 20, 21, 23 or 24 has been committed on or in connection with that land;
b
serving a reinstatement notice under regulation 24 in respect of that land; or
c
exercising any functions under Schedule 3,
if there are reasonable grounds for entering for the purpose in question.
2
Any person duly authorised in writing by the Secretary of State who has reasonable grounds for suspecting that a person has committed an offence under regulation 21, may enter any premises, other than premises used only as a dwelling, which are, or which such person has reasonable cause to believe to be, occupied by, or in the possession of, the person believed to be responsible for committing the offence, and may inspect and take copies of any records he has reasonable cause to believe are relevant to the suspected offence.
3
If any measures required by a reinstatement notice or by notice served in accordance with paragraph 5 of Schedule 3 have not been taken within the period specified in the notice —
a
any person duly authorised in writing by the Secretary of State may, at a reasonable time, enter the land to which the notice relates and take those measures, and
b
recover from the person in default the expenses reasonably incurred by him in doing so.
4
A person authorised under paragraph (1), (2) or (3) above to enter any land or premises shall, if so requested, produce evidence of his authority before so entering.
5
A person authorised under paragraph (1), (2) or (3) above to enter any land or premises may take with him such other persons and such equipment as he considers necessary.
6
Any person in occupation or possession of land or premises entered by a person authorised under paragraph (1), (2) or (3) above shall give to that person such assistance as the authorised person may reasonably request so as to enable him to exercise any power conferred upon him by this regulation.
7
A person who intentionally obstructs or impedes any person acting in the exercise of the powers conferred by this regulation or who fails without reasonable excuse to comply with a request made under paragraph (6) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
10 December 2001


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 and shall come into force —
a
except for article 6, on 2nd April 2001;
b
in the case of article 6, on 16th April 2001.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 14 of the Sea Fish (Conservation) Act 1967 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“codend” means the rearmost part of a net, being made up of one or more panels (pieces of netting) of the same mesh size attached to one another along their sides in the long axis of the net by a lacing;
“codline” means a rope making it possible to close the rear of the codend by means of either a knot which can be easily loosened or a mechanical device;
“the Council Regulation” means Council Regulation ( EC ) No 850/98 of 30th March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms , as corrected by Corrigendum to Annex XII of the Council Regulation and amended by Council Regulation (EC) No. 308/1999 , Council Regulation (EC) No. 1459/1999 , Council Regulation (EC) No. 2723/1999 , Council Regulation (EC) No. 812/2000 and Council Regulation (EC) No. 1298/2000 ;
“equivalent order” means an order extending to Scotland or having effect in relation to Wales made under section 3 of the Sea Fish (Conservation) Act 1967 pursuant to Article 46 of the Council Regulation in so far as it contains requirements relating to the incorporation of square mesh panels into nets or the thickness of twine to be used in their construction;
“extension piece” means an extension piece located immediately in front of the codend and excludes any tapered part of the net;
“ICES” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea described in the Schedule is identified therein by that roman numeral or that roman numeral and letter as the case may be;
“net” means a trawl, Danish seine or similar towed net;
“Regulation 2108/84” means Commission Regulation ( EEC ) No. 2108/84 laying down detailed rules for determining the mesh size of fishing nets as amended by Commission Regulation (EC) No.2550/97 ;
any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the territorial sea adjacent to Wales;
ii
the territorial sea adjacent to the Isle of Man;
iii
the territorial sea adjacent to the Bailiwick of Jersey; and
iv
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales.
3
Unless the context otherwise requires, any reference in this Order —
a
to a numbered article is a reference to that article bearing that number in this Order;
b
to “the Schedule” is a reference to the Schedule to this Order.
4
For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for Norway lobsters (Nephrops norvegicus) , and a boat shall be deemed to have been fishing for Norway lobsters, if the catch retained on board that boat includes —
a
in the case of a net which has a mesh size in the range 70 to 79 millimetres, at least 35% by weight of Norway lobsters and other marine organisms identified in Annex I to the Council Regulation as target species for a net of that mesh size;
b
in the case of a net which has a mesh size in the range 80 to 99 millimetres, at least 30% by weight of Norway lobsters and other marine organisms identified in Annex I to the Council Regulation as target species for a net of that mesh size.
5
Where detached Norway lobster tails are retained on board a boat, the equivalent weight of the whole Norway lobsters shall be taken into account for the purpose of paragraph (4) above, and that equivalent weight shall be obtained by multiplying the weight of the tails by 3.
6
For the purposes of this Order, a net shall be deemed to have been carried in a boat for the purpose of fishing for queen scallops (Chlamys opercularis) , and a boat shall be deemed to have been fishing for queen scallops, if at least 80% by weight of the total catch retained on board that boat comprises queen scallops.
Application and Exemptions
3
1
Subject to paragraph (3), articles 4 and 6 apply to any net carried in, or used by, any relevant British fishing boat in ICES IIa south of 64° north latitude and east of 4° west longitude (Norwegian Sea), ICES IV (North Sea) or ICES VI (Rockall and West of Scotland).
2
Subject to paragraph (3), articles 4 and 6 apply to any net carried in, or used by, any Scottish fishing boat when within any part of ICES IV (North Sea) or ICES VI (Rockall and West of Scotland) which is within relevant British fishery limits.
3
Articles 4 and 6 do not apply to any net that is —
a
carried in, or used by, a beam trawler;
b
carried properly lashed and stowed in such a way that it may not be readily used; or
c
carried in, or used by, a boat for the purpose of fishing for queen scallops.
Square mesh panels
4
Any net to which this article applies which has a mesh size in the range 70 to 119 millimetres shall have incorporated in it as part of the net a square mesh panel which —
a
has a mesh size of not less than 90 millimetres, and
b
in its entirety is no more than 12 metres from the codline or, where the net is carried in or used by a boat for the purpose of fishing for Norway lobsters, no more than 18 metres from the codline.
Measurement of mesh size of nets
5
Without prejudice to the application of all other provisions of Regulation 2108/84, for the purposes of this Order the mesh size of nets of square mesh shall be measured as follows —
a
the method of measurement set out in Articles 2(1) and 4 of Regulation 2108/84 shall not be used; and
b
the net shall instead be stretched in the direction of each diagonal of the mesh and the measurement shall be taken of each stretched diagonal, and the size of the mesh shall be taken to be the largest of the two diagonals measured, each such measurement being the width of the gauge at the point where the gauge is stopped, when using the gauge in accordance with Article 2(2) and (3) of that Regulation.
Twine thickness requirements
6
1
Where any net to which this article applies is constructed wholly or in part in the codend, extension piece or square mesh panel of multiple twine netting, the sum of the thicknesses of the multiple twines on any side of any mesh shall not exceed 10 millimetres.
2
Where any net to which this article applies is carried or used for the purposes of fishing for Norway lobsters the codend, extension piece and any square mesh panel shall be constructed of single twine of a thickness not exceeding 4 millimetres.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of the enforcement of this Order or any equivalent order, a British sea-fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be;
b
any Scottish fishing boat in any waters within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession and may take copies of any such document.
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 3(5) of the Sea Fish (Conservation) Act 1967 as read with this Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search; and
d
where the boat is one in relation to which he has reason to suspect that such an offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (d) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, he may —
a
require the master of the boat in relation to which the contravention took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port.
5
Where such an officer detains or requires the detention of a boat under this article he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Amendment of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991
8
1
The Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 1991 shall be amended in accordance with paragraphs (2) and (3) below.
2
In article 4 thereof (Regulation of carriage and use of nets) —
a
the words “ICES VI south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude (Rockall and West of Scotland) or” shall be omitted;
b
paragraph (2) shall be omitted.
3
In the Schedule thereto (sub-areas and divisions of the International Council for the Exploration of the Sea) the entries relating to ICES Statistical Division IIa (Norwegian Sea), ICES Statistical Sub-Area IV (North Sea) and ICES Statistical Sub-Area VI (Rockall and West of Scotland) shall be omitted.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
28th February 2001
Dr John Reid
Secretary of State for Northern Ireland
28th February 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Major Precepting Authorities (Excessive Budget Requirements — Payments) (England) Regulations 2001, and shall come into force on 22nd February 2001.
2
These Regulations extend to England only and apply to sums payable by a major precepting authority under section 31 of the Local Government Act 1999 in respect of the financial year beginning with 1st April 2001.
3
In these Regulations: —
“the 1992 Act ” means the Local Government Finance Act 1992 ;
“the 1999 Act ” means the Greater London Authority Act 1999 .
Calculation of payment
2
The sum which a major precepting authority must pay to a billing authority under section 31(3) of the Local Government Act 1999 shall be equal to —
E × Tb × Q Tz
where —
E (the authority’s contribution to council tax benefit) is the amount calculated in accordance with the Schedule to these Regulations;
Tb is the amount of the council tax base of the billing authority for its area, or, where the precept relates to a part of the billing authority’s area only, for that part of the area, and which in either case is included in the aggregate of amounts of council tax bases which is T for the purposes of section 44 of the 1992 Act or section 88 of the 1999 Act, as the case may be;
Q (estimated proportions of council tax yield accounted for by council tax benefit) is the amount shown for the billing authority in column 2 of Table A in the Schedule to the Collection Fund (General) (England) Directions 2001 made under section 98(4) to (6) of the Local Government Finance Act 1988 by the Secretary of State on 30th January 2001;
Tz is the aggregate of Tb multiplied by Q for all the billing authorities to which the precepting authority has issued a precept.
Time for payment
3
1
Where the precepting authority and the billing authority have not before 1st April 2001 agreed when the sum calculated under regulation 2 is to be paid then that sum shall be paid in equal instalments on the instalment days in the financial year beginning with 1st April 2001.
2
In this regulation, “instalment days” means, in relation to a billing authority, the days in the financial year contained in the schedule of instalments determined by that billing authority under regulations 4 and 6 of the Local Authorities (Funds) (England) Regulations 1992 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
31st January 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment (No. 2) Regulations 2001.
2
These Regulations shall come into force on 1st October 2001.
3
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
4
These Regulations extend to England only.
Amendment of regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment), there shall be added at the end the following —
or
p
a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act
.
Amendment of regulation 7 of the principal Regulations
3
In paragraph 1(a)(ii) of regulation 7 of the principal Regulations (claims for remission or payment) for “or (o)” substitute “, (o) or (p)”.
Amendment of Schedule 1A to the principal Regulations
4
In Schedule 1A to the principal Regulations (periods of validity of notices of entitlement) after paragraph 9 there shall be added the following entry —
10
A relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act
12 months or until the child’s 18th birthday whichever is longer."
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
10th September 2001


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 7) Order 2001 and shall come into force on 8th November 2001.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2001 shall be amended with effect from 8th November 2001 as follows.
4
In paragraph 1.2 —
a
at the appropriate place in alphabetical order there shall be inserted the following definition —
“fast track teacher” means a teacher who has been recognised as a fast track teacher in accordance with paragraph 30D.2 and has not ceased to be recognised as such in accordance with paragraphs 30D.3 and 30D.4
and
b
in the definition of “unlawful discrimination” after the words “threshold assessments” there shall be inserted the words “, fast track teacher assessments”.
5
After paragraph 16.2.5 there shall be inserted the following paragraph —
Fast Track
16.2A
The relevant body shall award one point to a classroom teacher whose first post following his qualification is as a fast track teacher.
.
6
In paragraph 16.3 “16.1 and 16.2” shall be substituted by “16.1, 16.2 and 16.2A”.
7
After paragraph 30 there shall be inserted the following paragraphs:
Fast Track Teachers
Appointment of assessment body to assess teachers for the Fast Track
30A.1
The Secretary of State shall make arrangements for the appointment of an assessment body for the purposes of paragraphs 30B and 30C.
30A.2
The Secretary of State shall make arrangements for the quality of assessments under paragraph 30B.4 to be monitored.
30A.3
An assessment body appointed for the purposes of paragraph 31B or 31C or any review officer, senior review officer or replacement review officer appointed by it and any representative of the Secretary of State shall exercise their functions without unlawful discrimination.
Fast Track Assessment
30B.1
This paragraph applies where a classroom teacher applies for a fast track assessment.
30B.2
The teacher shall submit, no earlier than 12 months after submitting any previous application, to the assessment body an application in a form prescribed by the assessment body for fast track assessment which shall be supported by a reference from a person with a knowledge of teaching and who is able to comment objectively on the teacher’s suitability to become a fast track teacher.
30B.3.1
Having considered the application the assessment body shall select for assessment in accordance with paragraph 30B.4 those teachers who meet the eligibility criteria set out in Annex 3.
30B.3.2
The assessment body shall inform any teacher who submits an application in accordance with paragraph 30B.2 and who is not selected for assessment of that decision and the reasons for it.
30B.4
The assessment body shall assess a teacher who has been selected for assessment against the competencies and values set out in Annex 4 to determine whether he meets those competencies and whether he is committed to those values.
30B.5
The assessment body may determine that a teacher does not meet the competencies set out at Annex 4 or that he is not committed to the values set out in that Annex at any stage of the assessment process and if it so does shall notify the teacher of the decision in writing with its reasons within 4 weeks of the completion of that stage of the assessment.
30B.6
Where the assessment body determines that a teacher meets the competencies set out in Annex 4 and is committed to the values set out in that Annex he shall be informed of that determination within 4 weeks of the completion of the assessment.
30B.7
The assessment body shall keep a copy of the teacher’s completed application and all other documents pertaining to his assessment under paragraph 30B.4, and make copies of the application and assessment documents available only to —
a
the teacher;
b
a person undertaking a review in accordance with paragraph 30C;
c
a person responsible under arrangements made by the Secretary of State for monitoring the quality of fast track assessments; or
d
an authority or school governing body to whom a complaint has been made under paragraph 30C.16 by the teacher.
Review of fast track teacher assessment
30C.1
A teacher who is informed
a
that he has not been selected for fast track assessment; or
b
that it has been determined that he does not meet the competencies set out in Annex 4 or is not committed to the values set out in that Annex;
shall no later than the end of the period of 40 working days starting on the day on which he received written notice of the decision be entitled to seek a review of his selection or his assessment upon the grounds set out in paragraph 30C.2 (but no other grounds).
30C.2
The grounds for review are that the teacher would have been selected for fast track assessment, proceeded to the next stage of assessment or been assessed as meeting the competencies set out in Annex 4 and being committed to the values set out in that Annex if —
a
the assessment body had taken proper account of relevant evidence; or
b
the assessment body had not taken account of irrelevant or inaccurate evidence; or
c
the assessment body had not been biased or had not unlawfully discriminated against the teacher in question; or
d
where the review is of an assessment stage, there were extenuating circumstances which adversely affected the teacher’s performance.
30C.3.1
An application for review shall be made in writing, and shall contain, or refer to, evidence relating to the grounds upon which review is sought.
30C.3.2
Such evidence shall not be evidence relating to competencies and values which was not available in the original assessment or evidence relating to any extenuating circumstances which were not brought to the attention of the assessment body at the time of the assessment.
30C.4
An application for review shall be submitted to the assessment body who shall refer it to a review officer who shall be a person who has not participated in any part of the selection or assessment he is to review.
30C.5
The review officer shall conduct a review of the selection or assessment as referred to in the application for review.
30C.6
Where the review officer is satisfied that the teacher would have been selected for fast track assessment if the selection
a
had taken proper account of relevant evidence; or
b
had not taken account of irrelevant or inaccurate evidence; or
c
had not been biased or had not unlawfully discriminated against the teacher,
he shall order that the teacher be assessed in accordance with paragraph 30B.4.
30C.7
Where the review is of any stage of the assessment before the final stage and the review officer is satisfied that the teacher would have proceeded to the next stage of assessment if —
a
the assessment under review had taken proper account of relevant evidence; or
b
the assessment under review had not taken account of irrelevant or inaccurate evidence; or
c
the assessment under review had not been biased or had not unlawfully discriminated against the teacher in question; or
d
there had not been extenuating circumstances which adversely affected the teacher’s performance,
he shall order that the teacher be permitted to proceed to the next stage of assessment.
30C.8
Where the review is of the final stage of assessment and the review officer is satisfied that the teacher would have been assessed as meeting the competencies set out in Annex 4 and being committed to the values set out in that Annex if —
a
the original assessment had taken proper account of relevant evidence; or
b
the original assessment had not taken account of irrelevant or inaccurate evidence; or
c
the original assessment had not been biased or had not unlawfully discriminated against the teacher in question; or
d
there had not been extenuating circumstances which adversely affected the teacher’s performance,
he shall order that the teacher is assessed as meeting the competencies set out in Annex 4 and being committed to the values set out in that Annex.
30C.9
Where the review officer is not satisfied that the circumstances described in paragraphs 30C.6 to 30C.8 apply he shall order the selection decision or the assessment (at any stage) to stand.
30C.10
Before determining a review the review officer —
a
shall consider the application for review; and
b
may —
i
request the assessment body to provide copies of any of their records in relation to the assessment, and consider such documents as it supplies pursuant to the request; and
ii
seek comments from the teacher or any person who participated in the selection or assessment.
30C.11
The assessment body shall provide to the review officer copies of such of their records in relation to the selection or assessment as the review officer requests.
30C.12
The review officer shall notify in writing the teacher and the assessment body of his decision under any of paragraphs 30C.6 to 30C.9 and of his reasons for it no later than the end of the period of 70 working days starting on the day on which the assessment body received the review application.
30C.13
Where a review officer orders the selection decision or the assessment to stand, the teacher shall no later than the end of the period of 40 working days starting on the day on which he received written notice of the review officer’s decision be entitled to seek a further review upon the grounds set out in paragraph 30C.2 (but no other grounds).
30C.14
A teacher seeking a further review shall submit a written application in accordance with paragraph 30C.3 for review to the assessment body who shall appoint a senior review officer who shall be a person who has not participated in any part of the selection, assessment or review he is to review further.
30C.15.1
The senior review officer and a representative of the Secretary of State shall conduct a review of the selection or assessment process as appropriate, shall have the same powers and duties of a review officer conducting a review under paragraphs 30C.5 to 30C.11 above and may also consult the original review officer.
30C.15.2
The senior review officer shall notify in writing the teacher and the assessment body of his decision under paragraph 30C.15.1 and the reasons for it no later than the end of the period of 70 working days starting on the day on which the assessment body received the application for a further review under paragraph 30C.14.
30C.16.
Paragraphs 30C.16 to 30C.23 apply where —
a
a senior review officer orders that a selection decision or an assessment is to stand; and
b
the teacher who made the review application complains to the authority or school governing body which employ him that the senior review officer or the Secretary of State’s representative who carried out the further review unlawfully discriminated against him.
30C.17.1
A complaint brought under paragraph 30C.16 may be brought no later than the end of the period of 40 working days starting with the date on which the teacher received the notification under paragraph 30C.15.2.
30C.17.2
A complaint brought under paragraph 30C.16 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.
30C.17.3
The teacher shall give a copy of the complaint under paragraph 30C.16 to the assessment body.
30C.18
The teacher, the assessment body, the review officer and the senior review officer shall at the request of the teacher’s employers supply them with such records, information or evidence as the employers reasonably request.
30C.19
Where the employers are satisfied that —
a
the teacher’s complaint under paragraph 30C.16 is justified; and
b
the discrimination may have affected the senior review officer’s decision that the selection decision or assessment under paragraph 30B.4 should stand,
they shall within 40 working days of receiving the complaint inform the assessment body in writing of their conclusions and the reasons for their decision. The assessment body shall refer the case to a replacement review officer who shall be a person who has not participated in any part of the selection, assessment, review or further review he is to review further.
30C.20
The employers shall notify in writing the teacher, the review officer and the senior review officer that they have referred the case to the assessment body for a further review and of the reasons for their decision.
30C.21.1
Where a reference is made to him under paragraph 30C.19, the replacement review officer shall carry out a further review taking account of the employers' conclusions and the reasons for their decision. The replacement review officer shall have all the powers and duties of a review officer conducting a review under paragraphs 30C.5 to 30C.11 and may consult the review officer and the senior review officer.
30C.21.2
Where the replacement review officer is satisfied that had the teacher not been unlawfully discriminated against he would have been selected for fast track assessment, he shall determine that the teacher be assessed in accordance with paragraph 30B.4.
30C.21.3
Where the replacement review officer is satisfied that had the teacher not been unlawfully discriminated against at an early stage of assessment he would have proceeded to the next stage the replacement review officer shall determine that the teacher may proceed to that stage.
30C.21.4
Where the replacement review officer is satisfied that had the teacher not been unlawfully discriminated against at the final stage of assessment he would have been assessed as meeting the competencies set out at Annex 4 and being committed to the values set out at that Annex, he shall determine that the teacher meets those competencies and values to a high standard.
30C.21.5
Where the replacement review officer is not satisfied that —
a
the teacher has been discriminated against; or
b
the senior review officer’s decision has been affected by any such discrimination,
the replacement review officer shall order that the selection or assessment decision shall stand.
30C.22
When the replacement review officer has determined the further review, he shall inform the assessment body, the teacher, the review officer, the senior review officer and the employers of his decision and of the reasons for it no later than the end of the period of 40 working days starting on the day on which the assessment body received the application for a further review under paragraph 30C.19.
30C.23
Where the employers —
a
are not satisfied that the teacher’s complaint under paragraph 30C.16 is justified; or
b
if they are so satisfied, they are not satisfied that the discrimination may have affected the review officer’s decision that the selection decision or the assessment made under paragraph 30B.4 stood,
they shall dismiss the complaint, and notify the teacher and assessment body in writing of their decision and the reasons for it, such notification to be given no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 30C.16.
30C.24
In paragraph 30C “working day” means any day other than a Saturday, Sunday or a day which is a bank holiday.
Appointment of recognising body to recognise teachers as fast track teachers
30D.1
The Secretary of State may make arrangements for the appointment of a recognising body for the purpose of recognising and ceasing to recognise teachers as fast track teachers in accordance with this paragraph and where no such appointment has been made the Secretary of State shall be the recognising body.
30D.2
The recognising body shall recognise a teacher as a fast track teacher if the teacher —
a
is not when appointed to his first fast track post subject to any restriction or condition imposed by the Secretary of State, the General Teaching Council for England, the General Teaching Council for Wales, the General Teaching Council for Scotland or the Department of Education in Northern Ireland;
b
has been assessed as meeting the competencies contained in Annex 4 and being committed to the values contained in that Annex;
c
is or has been employed in a fast track teacher post; and
d
has not ceased to be recognised as a fast track teacher by virtue of paragraph 30D.3 or 30D.4.
30D.3.1
The recognising body shall cease to recognise a teacher as a fast track teacher if the teacher becomes subject to a prohibition order imposed by the General Teaching Council for England, the General Teaching Council for Wales or the General Teaching Council for Scotland, or is subject to a prohibition imposed by the Secretary of State exercising her powers under Regulation 5 of the Education (Restriction of Employment) Regulations 2000 or by the Department of Education in Northern Ireland exercising its powers under Regulation 9 of the Teachers (Eligibility) Regulations (Northern Ireland) 1997 .
30D.3.2
The recognising body may cease to recognise a teacher as a fast track teacher if the teacher becomes subject to a suspension order or a conditional registration order imposed by the General Teaching Council for England, the General Teaching Council for Wales or the General Teaching Council for Scotland, or is subject to a restriction imposed by the Secretary of State exercising her powers under Regulation 5 of the Education (Restriction of Employment) Regulations 2000 or the Department of Education in Northern Ireland exercising its power under Regulation 9 of the Teachers (Eligibility) Regulations (Northern Ireland) 1997.
30D.4
The recognising body may cease to recognise a teacher as a fast track teacher after the teacher’s appointment as a fast track teacher has terminated or after the post he occupies has ceased to be a fast track post if:
a
the recognising body is of the opinion that the teacher has not performed excellently during that appointment or during the period that post was a fast track post;
b
he is appointed to a post which is not a fast track teacher post;
c
he is not appointed to another post as a teacher;
d
his contract is terminated early; or
e
in the case of a teacher whose fast track appointment includes his induction year, he did not satisfactorily complete his induction year or his induction period was extended.
30D.5
Paragraph 30D.4(a) does not apply if:
a
during any part of the 12 months period ending on the date the teacher’s appointment as a fast track teacher terminated or his post ceased to be a fast track post the teacher was in his induction year; or
b
during any part of the 12 months period ending on the date the teacher’s appointment as a fast track teacher terminated or his post ceased to be a fast track post the teacher was not a fast track teacher.
30D.6.1.1
Where the recognising body considers that the teacher’s performance is such that it is likely to cease to recognise him as a fast track teacher under paragraph 30D.4(a) if his performance does not improve sufficiently, the recognising body shall issue a preliminary notification in writing to the teacher in accordance with the notice periods in paragraph 30D.6.1.2.
30D.6.1.2
The notice periods shall be as follows —
a
Where the teacher’s appointment as a fast track teacher is due to terminate or the post he occupies is to cease being a fast track post at the end of the Autumn or Summer term the notice period shall be 7 months before the end of that term.
b
Where the teacher’s appointment as a fast track teacher is due to terminate or the post he occupies is to cease to be a fast track post at the end of the Spring term the notice period shall be 6 months.
30D.6.1.3
A teacher receiving a preliminary notification under this sub-paragraph may not later than 20 working days after receiving it submit to the recognising body evidence of any extenuating circumstances which have affected his performance.
30D.6.2.1
Where the recognising body intends to cease to recognise a teacher as a fast track teacher in accordance with paragraph 30D.4(a), having taken into account any evidence of any extenuating circumstances submitted in accordance with paragraph 30D.6.1.3, it shall notify him in writing of that intention in accordance with the notice periods in 30D.6.2.2, giving reasons for its decision.
30D.6.2.2
The notice periods shall be as follows —
a
Where the teacher’s appointment as a fast track teacher is due to terminate or the post he occupies is to cease being a fast track post at the end of the Autumn or Spring term the notice period shall be 3 months before the end of that term.
b
Where the teacher’s appointment as a fast track teacher is due to terminate or the post he occupies is to cease to be a fast track post at the end of the Summer term the notice period shall be 4 months.
30D.6.3
Subject to paragraph 30D.6.2 where the recognising body ceases to recognise a teacher as a fast track teacher in accordance with paragraphs 30D.3 or 30D.4 it shall notify the teacher in writing not later than 40 working days after making that decision giving reasons for the decision.
30D.7.1
Where the recognising body notifies the teacher that it has ceased or intends to cease to recognise him as a fast track teacher in accordance with paragraphs 30D.3 and 30D.4 the teacher shall not later than 20 working days after receiving that notification be entitled to make an application in writing to the recognising body for a review of that decision on the grounds set out in paragraphs 30D.8.
30D.7.2
An application for review under paragraph 30D7.1 shall state the grounds upon which the review is being sought and the reasons for seeking a review on those grounds.
30D.8.1
The grounds for a review of a decision under paragraphs 30D.3 and 30D.4 are that the recognising body failed to follow the procedures set out in paragraph 30D.6 or that the recognising body would not have ceased to recognise the teacher as a fast track teacher if it had —
a
taken proper account of relevant information; or
b
not taken account of irrelevant or inaccurate information.
30D.8.2
Nothing in this paragraph shall be taken as permitting a review of the decisions of the General Teaching Council for England, the General Teaching Council for Wales or the General Teaching Council for Scotland, or decisions of the Secretary of State under Regulation 5 of the Education (Restriction of Employment) Regulations 2000 or the Department of Education in Northern Ireland under Regulation 9 of the Teachers (Eligibility) Regulations (Northern Ireland) 1997.
30D.9
Where an application for review is made the recognising body shall review its decision and if it is of the opinion that any of the grounds set out in paragraph 30D.8.1 is made out, shall revoke its decision.
30D.10
If the recognising body is not of the opinion that any of the grounds set out in paragraph 30D.8.1 is made out, it shall order that its decision shall stand.
30D.11
The recognising body shall not later than 40 working days after receiving the application for review, inform the teacher in writing of its decision under 30D.9 or 30D.10 as the case may be.
30D.12
In paragraph 30D —
“working day”means any day other than a Saturday, Sunday or a day which is a bank holiday and
“month” means calendar month.
8
In paragraph 44 after “leadership group” there shall be inserted “, a fast track teacher”.
9
In paragraph 47.2 after “advanced skills teachers” there shall be inserted “, fast track teachers”.
10
In the heading of Part XI after “TEACHERS” there shall be added “AND FAST TRACK TEACHERS”.
11
After paragraph 54 there shall be inserted the following paragraph:
54A
Subject to paragraph 59.1, the professional duties of a fast track teacher shall be the professional duties of a teacher other than a head teacher (as described in Part XII).
12
In paragraph 55 after “advanced skills teacher” there shall be inserted “or a fast track teacher”.
13
In paragraph 59.1 after “advanced skills teachers” there shall be inserted the words “, fast track teachers”.
14
After Annex 2 there shall be inserted the following annexes —
Annex 3
Eligibility criteria for fast track assessment
1
The teacher is registered with the General Teaching Council for England and is not subject to any restriction, condition or suspension, imposed by the Secretary of State or the General Teaching Council for England, the General Teaching Council for Wales, the General Teaching Council for Scotland or the Department of Education in Northern Ireland.
2
The teacher obtained a first class or class 2.1 honours degree or holds a qualification which in the opinion of the assessment body is equivalent to such a degree.
3
The teacher is not entitled to be paid at point 9 on the main pay scale, is not entitled to be paid as a post-threshold teacher and does not hold an advanced skills teacher post or a leadership group post.
4
The teacher has supplied a reference from a person with a knowledge of teaching and who is able to comment objectively on the teacher’s suitability to become a fast track teacher.
Annex 4
Fast Track Teachers' Competencies and Values
COMPETENCIES
THINKING STYLE
1
Analysis and problem solving — The teacher identifies solutions to problems and takes responsibility for making decisions. In particular he typically:
a
anticipates problems and assumes personal ownership to take action and address them;
b
systematically gathers up to date information from a wide range of relevant quantitative and qualitative sources and perspectives;
c
collects and analyses all available relevant information to gain a comprehensive understanding of the immediate situation;
d
effectively assimilates different types of information eg facts, diverse, conflicting views and strong opinions;
e
interprets information logically to identify options and conclusions;
f
quickly identifies the key issues, recognising themes within information, possible causes and anomalies;
g
uses sound judgement to make decisions when there is no obvious answer;
h
seeks to identify the best solution for all concerned;
i
makes timely decisions and ensures decisions are implemented.
2
Conceptual thinking — The teacher thinks beyond the immediate situation and identifies new and improved ways of doing things. In particular he typically:
a
invents new ways of integrating ideas or information into meaningful concepts and models;
b
continually looks for new and improved ways of doing things and motivates others to do the same;
c
sees “everyday” problems as an opportunity to do something different and creative;
d
is able to anticipate future possibilities i.e. thinking is not constrained by the current situation;
e
is able to take an overview of situations, standing back from detail;
f
identifies connections between apparently unrelated situations;
g
looks at situations from different angles to generate novel interpretations and ideas.
3
Ensuring the delivery of quality results — The teacher sets high standards for himself and others and ensures they are achieved. In particular he typically:
a
consistently focuses energy and effort on achieving the best possible results with the time and resources available;
b
sets stretching and achievable task objectives for himself and others, ensuring these are understood and accepted by all those involved;
c
is able to anticipate realistically the time needed to complete tasks;
d
identifies what needs to be achieved, by when, by whom and in what order. He anticipates obstacles and develops contingency plans;
e
is able to manage a variety of tasks simultaneously. He does not become overly distracted by one key task at the expense of others;
f
consistently monitors and evaluates progress, taking action to revise priorities, overcome obstacles and problems;
g
develops short, medium term and longer term strategic plans as appropriate.
INTERPERSONAL STYLE
4
Communicating effectively — The teacher communicates effectively both orally and in writing, capturing the interest and enthusiasm of different audiences. In particular he typically:
a
communicates aims, ideas and information using clear and concise language that is easy to understand;
b
adapts the style and content of his communication to appeal to the listener or reader;
c
effectively selects and uses the appropriate medium to communicate with others (for example: face to face, to individuals or groups, using information and communications technology ( ICT ));
d
seeks and listens to others' views and encourages contributions;
e
ensures information reaches relevant people and that messages are understood;
f
conveys conviction in his own message, capturing the interest and attention of others.
5
Influencing others — The teacher is able to persuade and influence other people. In particular he typically:
a
is highly persuasive, presenting convincing and appealing arguments;
b
is an independent thinker and is prepared to challenge other people’s views;
c
effectively negotiates with others to agree a way forward;
d
is proactive in creating and maintaining a broad network of contacts. He makes effective use of this network e.g. to communicate information, consult and gain support and make progress;
e
decides and acts upon deliberate strategies to influence others;
f
overcomes criticisms and challenges with persuasive counter-arguments.
6
Developing and enabling others — The teacher continually encourages others to perform to the best of their abilities and challenges under-performance. In particular he typically:
a
continually challenges and encourages others to perform to the best of their abilities;
b
establishes how he can best support individual needs and provides appropriate direction, coaching and support;
c
identifies people’s strengths and development needs and provides timely constructive feedback;
d
helps people to identify actions they can take to improve and agrees motivating and stretching objectives;
e
adapts his approach to respond to individual differences in for example motivation and learning style.
7
Teamworking and building relationships — The teacher builds and contributes to highly effective working relationships with individuals, within and across teams. In particular he typically:
a
brings problems that hamper teamworking out into the open and works with others to resolve them;
b
demonstrates respect for diversity in needs, attitudes and opinions of others, and adapts his behaviour accordingly;
c
seeks to understand and is sensitive to others' concerns and problems, offers continued help and support;
d
is genuinely interested in people and seeks to get to know them;
e
makes time to be accessible to others. He makes it easy for others to get to know him and feel comfortable in his presence.
PERSONAL STYLE
8
Confidence and resilience — The teacher demonstrates self confidence in his ability to succeed, maintaining energy and enthusiasm in highly challenging situations. In particular he typically:
a
appears confident and self-assured in a wide range of social and professional situations;
b
approaches new situations and takes on difficult challenges willingly and positively and encourages others to do the same;
c
is able to make and defend unpopular decisions;
d
can tolerate working under pressure, quickly overcomes setbacks, retaining a positive “can do” attitude;
e
remains “upbeat” and maintains energy level when challenged or criticised;
f
manages his own time to achieve a healthy balance between home and work.
9
Commitment to self-development — The teacher shows a commitment to his own learning and takes responsibility for his own professional development. In particular he typically:
a
is highly motivated to increase continually the breadth and depth of his knowledge and skills;
b
creates opportunities for self-development — is prepared to take risks by trying new things;
c
sets challenging personal goals and strives to achieve them;
d
actively seeks feedback from others and is open to constructive criticism and learning from his mistakes;
e
takes actions to address his development needs.
VALUES
Integrity and Fairness
10
The teacher:
a
respects all individual differences, for example: gender, race and background, and behaves fairly towards others irrespective of these;
b
listens equally to parties with differing views and opinions and demonstrates that they are of equal value to him;
c
does what he says he will do and keeps commitments;
d
says when he does not know the answer;
e
admits mistakes and when he got it wrong;
f
handles difficult issues objectively and sensitively.
Commitment to working with children
11
The teacher:
a
is able to articulate with passion and conviction why he wants to teach children;
b
has sought out opportunities to work with children;
c
is able to build rapport with many different groups of children;
d
is interested in understanding children’s minds, behaviour and development;
e
retains enthusiasm and commitment for working with children despite adverse reactions or difficulties;
f
puts the needs of children before his own;
g
believes in equality of opportunity for all children.
Passion for learning and education
12
The teacher:
a
can articulate his educational values with enthusiasm and conviction;
b
believes in the ability of everyone to achieve and fulfil their potential;
c
has a genuine interest in how people learn and develop;
d
gains satisfaction from helping others learn and develop and passing on skills and knowledge;
e
has high expectations of self, pupils and others in relation to achieving potential;
f
has a demonstrable passion for his own curriculum area. He is clearly motivated to teach his own curriculum area to others.
.
Stephen Timms
Minister of State
Department for Education and Skills
17th October 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Royal Ballet School) Regulations 2001 and shall come into force on 1st September 2001.
Payment of grant
2
The Secretary of State may on or before 31st October 2001 pay a grant of such amount as she may determine to the governors of the Royal Ballet School of 155 Talgarth Road, Barons Court, London W14 9DE (“the School”) in respect of expenditure to be incurred by them on, or in connection with, the purchase, building and refurbishment of the School’s residential accommodation in Talgarth Road and the building and refurbishment of the new school premises at Floral Street, Covent Garden.
Conditions of payment
3
The payment of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where a grant is paid under these Regulations, the governors of the School shall comply with such requirements (including requirements as to the repayment of the grant or the payment to the Secretary of State of other sums representing the value of the refurbishment carried out with the aid of grant or interest on sums due to her) as may be specified by the Secretary of State.
Stephen Timms
Minister of State,
Department for Education and Skills
7th August 2001