text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) No 2 Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the relevant new trustees” means —
in relation to the trust property specified in the relevant schedule as transferring to the trustees for the University Hospital Birmingham National Health Service Trust, those trustees;
in relation to the trust property specified in the relevant schedule as transferring to the trustees for the Birmingham Children’s Hospital National Health Service Trust, those trustees;
in relation to the trust property specified in the relevant schedule as transferring to the Birmingham Women’s Healthcare National Health Service Trust, that trust;
in relation to the trust property specified in the relevant schedule as transferring to the Birmingham Specialist Community Health National Health Service Trust, that trust;
in relation to the trust property specified in the relevant schedule as transferring to the South Birmingham Mental Health National Health Service Trust, that trust;
“the relevant Schedule” means the Schedule, relating to the transfer of trust property from the Special Trustees to the relevant new trustees under this order, prepared by, agreed upon by and signed on behalf of the Special Trustees and those relevant new trustees and dated 12th January 2001;
“the Special Trustees” means the Special Trustees for the Former United Birmingham Hospitals;
“the relevant trust property” means the trust property specified in the relevant schedule as transferring to the relevant new trustees.
Transfer of trust property
2
1
On 1st April 2001 the relevant trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the relevant new trustees.
2
In any trust instrument relating to the relevant trust property, any reference to the name by which the trustees of the relevant trust property are to be known shall be construed as a reference to the relevant new trustees.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th March 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Vale of Aylesbury Primary Care Trust (Establishment) Order 2001 and shall come into force on 9th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Vale of Aylesbury Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Vale of Aylesbury Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Buckinghamshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Buckinghamshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Aylesbury Vale Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Stoke Mandeville Hospital National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
6
The Oxfordshire Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
7
The South Buckinghamshire National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
30th January 2001


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (Designated Date for The Securities and Futures Authority) Order 2001 and comes into force on 13th July 2001.
2
For the purposes of paragraph 1(5) of Schedule 21 to the Act, 13th July 2001 is the designated date for The Securities and Futures Authority Limited.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
20th June 2001


text:
1
This Order may be cited as the Income Tax (Indexation) Order 2001.
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 1(4) , 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 2001–02 in sections 1(2) and 265 of that Act are set out in paragraphs (2) and (3).
2
In section 1(2) of the said Act (the charge to income tax) —
a
in paragraph (aa) (starting rate limit) — £1,580;
b
in paragraph (b) (basic rate limit) — £29,400.
3
In section 265(1) of the said Act (blind person’s allowance) — £1,450.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Energis Local Access Limited) Order 2001 and shall come into force on 17th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for ECommerce, and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Citation and commencement
1
These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment No. 2) Rules 2001 and shall come into force on 9th April 2001.
Interpretation
2
A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980 .
Revocation
3
The Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2001 are hereby revoked.
Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
4
In rule 2(1) —
a
in sub-paragraph (b), for “and an assessment appeal” there shall be substituted “, an assessment appeal and an appeal against a specified decision”;
b
in sub-paragraph (g), for “1959” there shall be substituted “1983” ;
c
at the end of sub-paragraph (i) there shall be inserted “for England and Wales under paragraph 2B of the Schedule to the Act ; and references to the President shall be construed as including the Deputy President where he is authorised to carry out any function of the President under any provision of the Act or of these Rules”;
d
after sub-paragraph (j) there shall be inserted: —
jj
“specified decision” has the meaning given in section 5A of the Act ;
; and
e
after sub-paragraph (k) there shall be inserted: —
l
“the Deputy President” means the person appointed by the Lord Chancellor to be Deputy President of Pensions Appeal Tribunals for England and Wales under paragraph 2B of the Schedule to the Act.
.
5
In rule 3(1): —
a
the word “and” shall be omitted at the end of paragraph (a);
b
after paragraph (b) there shall be inserted the following: —
; and
c
an appeal against a specified decision shall be brought by the person in respect of whom the Minister has made the decision.
.
6
In rule 11(1), the words in brackets shall be omitted.
7
In rule 18, the word “shortly” shall be omitted.
8
In rule 20(2)(b), after “hearing” there shall be inserted “, giving written reasons for the adjournment”.
9
In rule 38, after “be discharged by” there shall be inserted “the Deputy President or, if there is no Deputy President or the Deputy President is for any reason unable to act, by”.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 25th March 2001


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001 and shall come into force on 15th February 2002.
2
Regulation 7 of the Merchant Shipping (Safe Movement on Board Ship) Regulations 1988 is hereby revoked.
Interpretation
2
1
In these Regulations:
“accoustic signal” means a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice;
“ the Act ” means the Merchant Shipping Act 1995;
“contract of employment” means a contract of employment, whether express or implied, and if express, whether oral or in writing;
“dangerous goods” means goods classified as such in the IMDG Code , in Chapter 19 of the IGC Code or in Chapter 17 of the IBC Code ;
“ the Directive ” means Council Directive 92/58/ EEC on the minimum requirements for the provision of safety and/or health signs at work;
“employer” means a person by whom a worker is employed under a contract of employment;
“fire safety sign” means a sign (including an illuminated sign or an acoustic signal) which —
provides information on escape routes and emergency exits in case of fire;
provides information on the identification or location of fire-fighting equipment; or
gives warning in case of fire;
“ General Duties Regulations ” means the Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations 1997 ;
“hand signal” means a movement or position of the arms or hands or a combination thereof, in coded form, for guiding persons who are carrying out manoeuvres which create a risk to the health or safety of persons at work;
“health and safety” includes the occupational health and safety of persons whilst on board the ship and whilst boarding or leaving the ship;
“IBC Code” means the 1998 edition of the IMO International Code for Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk;
“IGC Code” means the 1993 edition of the IMO International Code for the Construction and Equipment of Ships Carrying Liquefied Gases in Bulk;
“illuminated sign” means a sign produced by a device made of transparent or translucent materials which are illuminated from the inside or the rear in such a way as to give the appearance of a luminous surface;
“IMDG Code” means the 2000 edition of the IMO International Maritime Dangerous Goods Code;
“IMO” means the International Maritime Organization;
“in bulk” means directly and without intermediate form of containment in a hold, tank or cargo space which is a structural part of or permanently attached to a ship;
“mandatory sign” means a sign prescribing specific behaviour;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the Secretary of State;
“prohibition sign” means a sign prohibiting behaviour likely to cause a risk to health or safety;
“public service vessel” means any vessel operated by and on behalf of a public body while it is carrying out the authorised functions of that body;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“safety colour” means a colour to which a specific meaning is assigned in Annex 1 of the Directive;
“safety sign” means a sign referring to a specific object, activity or situation and providing information or instructions about health or safety at work by means of a signboard, a safety colour, an illuminated sign or acoustic signal, a verbal communication or a hand signal, as the case may be;
“sail training vessel” means a sailing vessel which is being used either:
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
to provide instruction in navigation and seamanship for yachtsmen,
and is operating under a statutory code;
“signboard” means a sign which provides information or instructions by a combination of geometric shape, colour and a symbol or pictogram and which is rendered visible by lighting of sufficient intensity;
“statutory code” means —
The Code of Practice for the Safety of Small Commercial Sailing Vessels ;
The Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels ;
The Code of Practice for the Safety of Small Commercial Motor Vessels ; or
The Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Points ;
“symbol or pictogram” means a figure which describes a situation or prescribes specific behaviour and which is used on a signboard or illuminated surface;
“trainees and apprentices” does not include persons who are training in a sail training vessel;
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act;
is a Government ship within the meaning of section 308(4) of the Act; or
is a hovercraft registered under the Hovercraft Act 1968 ;
“verbal communication” means a predetermined spoken message communicated by a human or artificial voice;
“warning sign” means a sign giving warning of a hazard or danger;
“worker” means any person employed by an employer under a contract of employment, including trainees or apprentices.
2
Any reference in these Regulations to a sign providing instructions includes a mandatory sign, a prohibition sign and a warning sign.
3
Any reference in these Regulations to the IBC Code, the IGC Code or the IMDG Code shall include a reference to any document amending that publication which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice.
Application and exemption
3
1
Subject to paragraph (3), these Regulations shall apply to all activities of workers on United Kingdom ships wherever they may be except when the activity of a worker —
a
is on a public service vessel or a vessel engaged in search and rescue; and
b
characteristics of that activity inevitably conflict with a provision of these Regulations,
and in such a case there shall be a duty on the employer so far as is reasonably practicable to ensure the health and safety of the worker when performing that activity.
2
Regulations 3(1) and (3), 11, 12 and 13 apply to ships other than United Kingdom ships which are in United Kingdom waters.
3
These Regulations shall not apply —
a
to signs used in connection with the supply of any dangerous substance, preparation, product or equipment except to the extent that any enactment (whether in an Act or instrument) which requires such signs makes reference to these Regulations;
b
to dangerous goods during the course of their transport by sea, including loading and unloading of such goods from the ship; or
c
subject to regulation 5(6), to signs used for regulating road, rail, inland waterway, sea or air traffic.
Persons on whom duties are imposed
4
Where a person on whom a duty is imposed by any provision of these Regulations does not have control of the matter to which the regulation relates because he does not have responsibility for the operation of the ship, then any duty imposed by that regulation shall also extend to any person who has control of that matter.
Provision and maintenance of safety signs
5
1
This regulation shall apply if the risk assessment made under regulation 7(1) of the General Duties Regulations indicates that the employer concerned, having adopted all appropriate techniques for collective protection, and measures, methods or procedures used in the organisation of work, cannot avoid or adequately reduce risks to workers except by the provision of appropriate safety signs to warn or instruct, or both, of the nature of those risks and the measures to be taken to protect against them.
2
Where this regulation applies, the employer shall —
a
ensure that there is in place an appropriate safety sign in accordance with the requirements set out in Annexes I to VII of the Directive;
b
subject to paragraph (5), in accordance with the requirements of Annexes I, VIII and IX of the Directive, ensure, so far as is reasonably practicable, that any appropriate hand signal or verbal communication described in those Parts is used; and
c
maintain any appropriate safety sign (other than a hand signal or verbal communication) which he is required to ensure is in place.
3
For the purposes of paragraph (1), risks shall only be treated as having been adequately reduced if, having adopted the appropriate techniques, measures, methods or procedures referred to in that paragraph, there is no longer a significant risk of harm having regard to the magnitude and nature of the risks arising from the work concerned.
4
Without prejudice to paragraph (1), sub-paragraphs (a) and (b) of paragraph (2) shall also apply in relation to fire safety signs where they are required to comply with the provisions of any enactment (whether in an Act or instrument).
5
For the purposes of sub-paragraph (b) of paragraph (2), the appropriate hand signal described in the documents specified in the Schedule to these Regulations shall be an alternative to the corresponding hand signal described in paragraph 3 of Annex IX of the Directive.
6
Where it is appropriate to provide safety signs in accordance with paragraph (1) because at a place of work there is a risk to the health and safety of any worker in connection with the presence or movement of traffic, the appropriate safety sign required under paragraph (2) shall be in accordance with the requirements prescribed in the Traffic Signs Regulations and General Directions 1994 , whether or not that instrument applies to the place of work.
Information, instruction and training
6
1
The employer shall ensure that comprehensible and relevant information on the measures to be taken in connection with safety signs is provided to each worker.
2
The employer shall ensure that each worker receives suitable and sufficient instruction and training in the meaning of safety signs and the measures to be taken in connection with safety signs.
Penalties
7
1
Any contravention of regulation 5 shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
2
Any contravention of regulation 6 shall be an offence punishable on summary conviction by a fine not exceeding level 4 on the standard scale.
Offences by body corporate
8
1
Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where an offence under these Regulations committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.
Onus of proving what is reasonably practicable
9
In any proceedings for an offence under these Regulations consisting of a failure to comply with a duty or requirement to do something so far as is reasonably practicable, it shall be for the defendant to prove that it was not reasonably practicable to do more than was in fact done to satisfy the duty or requirement.
Inspection and detention of a United Kingdom ship
10
A relevant inspector may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with the requirements of these Regulations may detain the ship until the health and safety of all workes and other persons aboard ship is secured, but shall not in the exercise of these powers detain or delay the ship unreasonably.
Inspection, detention and other measures in respect of ships registered outside the United Kingdom
11
1
A relevant inspector may inspect any ship which is not a United Kingdom ship when the ship is in a United Kingdom port, and if satisfied that the ship does not conform to the standards required of United Kingdom ships by these Regulations, may
a
send a report to the government of the country in which the ship is registered, and a copy thereof to the Director General of the International Labour Office; and
b
where conditions on board are clearly hazardous to health and safety —
i
take such measures as are necessary to rectify those conditions, or
ii
detain the ship,
provided that the measures specified in sub-paragraph (i) and (ii) may be taken only when the ship has called at a United Kingdom port in the normal course of business for operational reasons.
2
If either of the measures specified in paragraph (1)(b) are taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomtic representative of the State whose flag the ship is entitled to fly.
3
The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
12
Where a ship is liable to be detained under these Regulations, section 284 of the Act (which relates to the detention of a ship) shall have effect in relation to that ship as if for the words “this Act”, wherever they appear, there were substituted the words “the Merchant Shipping and Fishing Vessels (Safety Signs and Signals) Regulations 2001”.
Compensation
13
Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice or order under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “relevant inspector” means a person making an inspection under these Regulations.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
20th October 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (New Deal) Regulations 2001 and shall, subject to paragraph (2) below, come into force on 9th April 2001.
2
Regulations 11(b)(iii) and 14(b)(iv) below shall respectively come into force immediately after regulations 12(b)(iii) and 6(c) of the Social Security (Miscellaneous Amendments) Regulations 2001 .
3
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Interpretation
2
In regulation 1(3) of the Jobseeker’s Allowance Regulations —
a
after the definition of “the Independent Living Funds” there shall be inserted the following definition —
“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;
;
b
in the definition of “self-employment route” , at the end of paragraph (b)(ii), there shall be added the word “or”, and then there shall be inserted the following —
iii
the Intensive Activity Period specified in regulation 75(1)(a)(iv); or
iv
the Intensive Activity Period for 50 plus
.
Linking periods
3
In regulation 48(2) of the Jobseeker’s Allowance Regulations, for sub-paragraph (f)(ii) , there shall be substituted the following —
ii
in the Voluntary Sector Option of the New Deal specified in regulation 75(1)(a)(ii)(bb), in the Environment Task Force Option of the New Deal specified in regulation 75(1)(a)(ii)(cc), in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus and was not entitled to a jobseeker’s allowance because, as a consequence of his participation, the claimant was engaged in remunerative work or failed to satisfy the condition specified either in section 2(1)(c) or in section 3(1)(a).
.
Prescribed period for the purposes of sections 19(2) and 20A(3) of the Jobseekers Act 1995
4
In regulation 69 of the Jobseeker’s Allowance Regulations —
a
in paragraph (1)(a), for the words “sub-paragraph (b) or (c)” there shall be substituted the words “sub-paragraph (b), (c) or (d)”;
b
in paragraph (1)(b)(ii)(aa), after the words “New Deal options” there shall be inserted the words “or the Intensive Activity Period specified in regulation 75(1)(a)(iv)”;
c
in paragraph (1)(b)(ii)(bb) for the word “and” at the end of the paragraph there shall be substituted the word “or”;
d
after paragraph (1)(b)(ii)(bb) there shall be added the following sub-head —
cc
where the determination in (i) above relates to the Intensive Activity Period specified in regulation 75(1)(a)(iv), on a previous occasion the jobseeker’s allowance was determined not to be payable to him in circumstances falling within section 19(5) or section 20A(2)(a) to (c) that relate to any Intensive Activity Period specified in regulation 75(1)(a)(iv), and
;
e
after paragraph (1)(c) there shall be added the following sub-paragraph —
d
26 weeks in any case (other than a case where a jobseeker’s allowance is determined not to be payable in circumstances relating to the employment programme known as “Gateway to Work” specified in regulation 75(1)(a)(i)(bb)) in which —
i
a jobseeker’s allowance is determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and the determination relates to an act or omission arising after this regulation comes into force in respect of the Intensive Activity Period specified in regulation 75(1)(a)(iv); and
ii
on two or more previous occasions a jobseeker’s allowance has been determined not to be payable to the claimant in circumstances falling within section 19(5) or section 20A(2)(a) to (c) and each such determination relates to any Intensive Activity Period specified in regulation 75(1)(a)(iv); and
iii
no more than 12 months have elapsed between the beginning of the day on which the determination mentioned in (d)(i) above is made and the beginning of the first day on which a jobseeker’s allowance was not payable to the claimant as a result of the determination which most recently preceded it whether the preceding determination is either —
aa
a determination falling within sub-paragraph (b)(i) to which the circumstances in paragraph (b)(ii)(cc) apply; or
bb
itself an earlier determination falling within sub-paragraph (d)(i).
;
f
in paragraph (3) —
i
after “(1)(c)” there shall be inserted the words “or (d)”;
ii
in sub-paragraph (c), after the words “New Deal options” there shall be inserted the words “or the Intensive Activity Period specified in regulation 75(1)(a)(iv)”;
g
in paragraph (4)(a)(i) —
i
after the words “Secretary of State” there shall be added the word “either”;
ii
after the words “New Deal options” there shall be added the words “or the day on which the claimant is or was no longer required to participate in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
Good cause for the purposes of sections 19(5)(b) and 20A(2)(b)
5
In regulation 73 of the Jobseeker’s Allowance Regulations, in paragraph (2A)(a) , after the words “regulation 75(1)(a)(ii)” there shall be added the words “or (iv)”.
Interpretation of sections 19 and 20A of the Jobseekers Act 1995 and Part V of the Jobseeker’s Allowance Regulations
6
In regulation 75 of the Jobseeker’s Allowance Regulations, after paragraph (1)(a)(iii) there shall be inserted the following —
and
iv
the Intensive Activity Period, that is to say, the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 25 years or over and less than 50 years on the first required entry date to any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training.
.
b
In paragraph (4), after the words “within paragraphs (1)(a)(ii)”, there shall be inserted the words “or (iv) or the Intensive Activity period for 50 plus”.
Notional income
7
In regulation 105 of the Jobseeker’s Allowance Regulations —
a
in paragraph (10A) , after sub-paragraph (c)(ii) there shall be inserted the following —
iia
in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or
;
b
in paragraph (13A) , at the end of sub-paragraph (b)(i) there shall be added the words “, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
Notional capital
8
In regulation 113(3A) of the Jobseeker’s Allowance Regulations , after sub-paragraph (b)(ii) there shall be inserted the following —
iia
in the Intensive Activity Period for 50 plus or in the Intensive Activity Period specified in regulation 75(1)(a)(iv); or
.
Meaning of “person in hardship” and “couple in hardship”
9
1
In regulation 140(4A) of the Jobseeker’s Allowance Regulations , for the words from “an employment programme” to the end of that paragraph there shall be substituted the words “one of the New Deal options or to the Intensive Activity Period specified in regulation 75(1)(a) (iv)”.
2
At the end of regulation 146A(5) of the Jobseeker’s Allowance Regulations , there shall be added the words “or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
Period when a person is not a person in hardship or a couple is not a couple in hardship
10
1
At the end of both regulations 140A(1)(a) and 146B(1)(a) of the Jobseeker’s Allowance Regulations , there shall be added the words “or in the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
2
At the end of both regulations 140A(4) and 146B(4) of the Jobseeker’s Allowance Regulations there shall be added the words “or to the Intensive Activity Period specified in regulation 75(1)(a)(iv)”.
Housing costs
11
In Schedule 2 to the Jobseeker’s Allowance Regulations —
a
in paragraph 4(4A) , at the end of paragraph (a), there shall be added the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;
b
in paragraph 13 —
i
in sub-paragraph (1)(ee)(i) , after the words “regulation 75(1)(a)(ii)” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;
ii
in sub-paragraph (3A) —
aa
in paragraph (a), after the words “regulation 75(1)(a)(ii)” there shall be inserted the words “in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus”;
bb
at the end, there shall be added the words “or activity”;
iii
after sub-paragraph (14)(c)(iii) there shall be added the following —
or
iv
the Intensive Activity Period specified in regulation 75(1)(a)(iv) or the Intensive Activity Period for 50 plus,
.
Income to be disregarded
12
In Schedule 7 to the Jobseeker’s Allowance Regulations —
a
in paragraph 14, for sub-paragraph (d) there shall be substituted the following —
d
any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus
;
b
for paragraph 60 , there shall be substituted the following —
60
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
a
the self-employment route;
b
an employment-programme specified in —
i
regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or
ii
regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal); or
c
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus
.
Capital to be disregarded
13
For paragraph 45 of Schedule 8 to the Jobseeker’s Allowance Regulations , there shall be substituted the following —
45
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
a
the self-employment route;
b
an employment-programme specified in —
i
regulation 75(1)(a)(ii)(bb) (Voluntary Sector Option of the New Deal); or
ii
regulation 75(1)(a)(ii)(cc) (Environment Task Force Option of the New Deal); or
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) or in the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
.
Amendment of Schedule 3 to the Income Support Regulations
14
In Schedule 3 to the Income Support Regulations (housing costs) —
a
in paragraph 4(4A), at the end of paragraph (a), there shall be added the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;
b
in paragraph 14 —
i
in sub-paragraph (1)(ee)(i), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;
ii
in sub-paragraph (3ZA) —
aa
in paragraph (a), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations, in the Intensive Activity Period for 50 plus”;
bb
at the end, there shall be added the words “or activity”;
iii
in sub-paragraph (3B), after the words “Jobseeker’s Allowance Regulations 1996” there shall be inserted the words “, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”;
iv
after sub-paragraph (12)(c)(iii) there shall be added the following —
or
iv
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or the Intensive Activity Period for 50 plus,
.
Common amendments
15
1
In both regulation 2(1) of the Council Tax Benefit Regulations and regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate place the following definition —
“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
.
2
In each of the regulations specified in paragraph (3) below —
a
there shall be inserted in the appropriate place the following definition —
“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973, being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner’s employment, assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;
.
b
in the definition of “self-employment route” , at the end of paragraph (b)(ii), there shall be added the word “or”, and then there shall be inserted the following —
iii
the Intensive Activity Period specified in regulation 75(1)(a)(iv); or
iv
the Intensive Activity Period for 50 plus
.
3
The regulations specified in this paragraph (interpretation) are —
a
regulation 2(1) of the Council Tax Benefit Regulations;
b
regulation 2(1) of the Housing Benefit Regulations;
c
regulation 2(1) of the Income Support Regulations.
4
In each of the regulations specified in paragraph (5) of this regulation, after sub-paragraph (c)(ii) there shall be inserted the following —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
.
5
The regulations specified in this paragraph (which relate to notional income) are —
a
regulation 26(3A) of the Council Tax Benefit Regulations ;
b
regulation 35(3A) of the Housing Benefit Regulations ;
c
regulation 42(4ZA) of the Income Support Regulations .
6
In each of the regulations specified in paragraph (7) of this regulation, at the end of sub-paragraph (b)(i) there shall be added the words “, other than where the service is performed in connection with the claimant’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus”.
7
The regulations specified in this paragraph (which relate to notional earnings) are —
a
regulation 26(5A) of the Council Tax Benefit Regulations ;
b
regulation 35(5A) of the Housing Benefit Regulations ;
c
regulation 42(6A) of the Income Support Regulations .
8
In each of the regulations specified in paragraph (9) of this regulation, after sub-paragraph (b)(ii) there shall be inserted the following —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
.
9
The regulations specified in this paragraph (which relate to notional capital) are —
a
regulation 34(3A) of the Council Tax Benefit Regulations ;
b
regulation 43(3A) of the Housing Benefit Regulations ;
c
regulation 51(3A) of the Income Support Regulations .
10
In each specified paragraph of the Schedules specified in paragraph (11) of this regulation, for sub-paragraph (d) there shall be substituted the following —
d
any child care expenses reimbursed to the claimant in respect of his participation in a New Deal option, in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations 1996 or in the Intensive Activity Period for 50 plus
;
11
The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are —
a
paragraph 11 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 11 of Schedule 4 to the Housing Benefit Regulations;
c
paragraph 13 of Schedule 9 to the Income Support Regulations.
12
For each specified paragraph of the Schedules specified in paragraph (13) of this regulation, there shall be substituted the following paragraph —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
the self-employment route;
an employment programme specified in —
regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal);
regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus.
.
13
The paragraph numbers and Schedules specified in this paragraph (which relate to sums to be disregarded in the calculation of income other than earnings) are —
a
paragraph 64 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 64 of Schedule 4 to the Housing Benefit Regulations;
c
paragraph 62 of Schedule 9 to the Income Support Regulations.
14
For each specified paragraph of the Schedules specified in paragraph (15) of this regulation, there shall be substituted the following paragraph —
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
the self-employment route;
an employment programme specified in —
regulation 75(1)(a)(ii)(bb) of those Regulations (Voluntary Sector Option of the New Deal);
regulation 75(1)(a)(ii)(cc) of those Regulations (Environment Task Force Option of the New Deal) or;
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
.
15
The paragraph numbers and Schedules specified in this paragraph (which relate to capital to be disregarded) are —
a
paragraph 53 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 53 of Schedule 5 to the Housing Benefit Regulations;
c
paragraph 50 of Schedule 10 to the Income Support Regulations.
Signed in relation to regulations 2(a) and 4 to 6 by authority of the Secretary of State for Education and Employment
Tessa Jowell
Minister of State,
Department for Education and Employment
13th March 2001
Signed in relation to the remainder of these Regulations by authority of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under Secretary of State,
Department of Social Security
15th March 2001


text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2001 and shall come into force on 10th December 2001.
2
The territory specified in column (1) of the Schedule to this Order is hereby designated as a reciprocating country for the purposes of Part I of the Act as regards maintenance orders of the description specified in respect of that territory in column (2) of the Schedule to this Order.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001.
2
In this Order —
“the Act” means the Care Standards Act 2000;
“the 1957 Act” means the Nurses Agencies Act 1957 ;
“the 1984 Act” means the Registered Homes Act 1984 ;
“the 1989 Act” means the Children Act 1989 .
3
In this Order, a reference to an agency does not include a reference to a voluntary adoption agency.
4
This Order extends to England only.
Schedules
2
The Schedules 1 and 2 to this Order, which make transitional provision, shall have effect.
Appointed days
3
1
In this article, unless the context otherwise requires, any reference to a section is a reference to a section of the Act, and any reference to a Schedule is a reference to a Schedule to this Order.
2
This article shall have effect subject to Schedule 1.
3
20th November 2001 is the day appointed for the coming into force of —
a
for the purpose only of the exercise of any power to make regulations,
i
sections 1 to 4, 11 and 12, 14 to 16, 25, 31 and 33 to 36;
ii
section 48 and, in so far as they relate to relevant fostering functions, sections 43, 45(4), 50, 51 and 52;
iii
sections 105(1) to (4) and 108;
b
section 21, for the purpose only of enabling a person to bring an appeal against a determination which is treated under paragraph 5(6) of Schedule 1 as a decision of the Commission for the purposes of that section; and
c
sections 22 and 38;
d
for the purpose only of issuing statements of national minimum standards —
i
relating to the exercise of relevant fostering functions by local authorities, section 49; and
ii
for safeguarding and promoting the welfare of children for whom accommodation is provided in schools and colleges, section 107.
4
1st January 2002 is the day appointed for the coming into force of —
a
for the purposes specified in paragraph (5) —
i
sections 1 to 3, 12 and 13;
ii
except in so far as it relates to voluntary adoption agencies, section 4;
b
sections 23(4) and 27, in relation to any application to which paragraph (6) applies;
c
sections 31 and 32, in relation to —
i
an application to which paragraph (6) applies;
ii
an establishment or agency to which sub-paragraphs (2) and (3) of paragraph 5 of Schedule 1 apply.
5
The following purposes are specified —
a
to enable the Commission to consider or obtain information in relation to an application to which paragraph (6) applies;
b
to enable the Commission to determine an application to which paragraph (6) applies, except for the purpose of enabling any effect to be given to the determination of any such application before —
i
in the case of an application to which paragraph 13(2) or 14(2) of Schedule 1 applies, 1st July 2002;
ii
in the case of an application for registration under Part II of the Act in respect of a residential family centre, a nurses agency or a domiciliary care agency, 1st July 2002;
iii
in the case of any other application, 1st April 2002.
6
This paragraph applies to —
a
an application which is to be determined by the Commission by virtue of paragraph 13 or 14 of Schedule 1;
b
an application for registration under Part II of the Act in respect of an establishment or agency referred to in paragraph 15(1) or (2) of Schedule 1 and which is made by a person to whom that paragraph applies.
7
1st April 2002 is the day appointed for the coming into force of —
a
sections 1 to 3, 11 to 16, 23, 25, 27 and 31 to 36 in so far as they are not already in force;
b
the following subsections of section 4 —
i
subsection (1), in so far as it relates to subsections (4), (6), (8) and (9) brought into force under this sub-paragraph;
ii
subsection (4);
iii
subsection (6), in so far as it relates to subsection (4);
iv
subsection (8), except in so far as it relates to residential family centres;
v
subsection (9), except in so far as it relates to domiciliary care agencies, nurses agencies and voluntary adoption agencies;
c
section 5, in so far as it relates to the Commission;
d
section 7;
e
section 10, except for paragraph (6) of that section;
f
sections 17 to 21, 24, 26, 28 to 30 and 37;
g
sections 43(1), (2), (3)(b), 44, 45, 46(1) to (6), (7)(a) and (b) and (8), and 47 to 53, in so far as they relate to relevant fostering functions, and are not already in force;
h
sections 105 to 110 in so far as they are not already in force;
i
section 116 and Schedule 4 to the Act, in so far as they relate to sub-paragraph (3) of paragraph 26, except in so far as —
i
that sub-paragraph inserts section 9(2)(b) in the Protection of Children Act ;
ii
section 9(2)(d) of the Protection of Children Act 1999 inserted by that sub-paragraph relates to sections 68, 87 and 88 of the Act;
iii
that sub-paragraph inserts section 9(3A) in the Protection of Children Act.
j
section 117 and Schedule 6 to the Act, in so far as they relate to the 1984 Act and the provisions of sections 60 and 63 of, and Schedules 5 and 6 to, the 1989 Act that are mentioned in Schedule 6 to the Act.
8
1st July 2002 is the day appointed for the coming into force of —
a
the following subsections of section 4 —
i
subsection (1) of section 4, in so far as it relates to subsections (2), (3), (5), (6), (8) and (9) brought into force under this sub-paragraph;
ii
subsections (2), (3) and (5);
iii
subsection (6), in so far as it is not already in force;
iv
subsection (8), in so far as it is not already in force;
v
subsection (9), in so far as it relates to domiciliary care agencies and nurses agencies
b
subsection (1) of section 111, and subsection (2) of that section in so far as it omits, in section 13 of the Employment Agencies Act 1973 , paragraphs (b) and (c) of, and the proviso to, subsection (7);
c
section 117 and Schedule 6 to the Act, in so far as they relate to the 1957 Act and the Employment Agencies Act 1973.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State
Department of Health
Date 13th November 2001


text:
Citation and commencement
1
This Order may be cited as the Air Traffic Services (Exemption) Order 2001 and shall come into force on 1 April 2001.
Interpretation
2
In this Order —
“aerodrome traffic zone” means the airspace specified below —
in relation to an aerodrome other than one which is on an offshore installation;
at which the length of the longest runway is 1,850 metres or less;
subject to sub-paragraph (bb), the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the mid-point of the longest runway and having a radius of 2 nautical miles;
where the application of sub-paragraph (aa) would produce an aerodrome traffic zone that extends less than 1½ nautical miles beyond the end of any runway at the aerodrome, sub-paragraph (ii) shall apply as though the length of the longest runway is greater than 1,850 metres;
at which the length of the longest runway is greater than 1,850 metres, the airspace extending from the surface to a height of 2,000 feet above the level of the aerodrome within the area bounded by a circle centred on the mid-point of the longest runway and having a radius of 2½ nautical miles;
in relation to an aerodrome which is on an offshore installation, the airspace extending from mean sea level to 2,000 feet above mean sea level and within 1½ nautical miles of the offshore installation;
“area control centre” means a centre established primarily for the purpose of providing an area control service;
“area control service” means the giving, in the interests of safety, of instructions, advice or information by means of radio signals to aircraft flying outside the vicinity of an aerodrome traffic zone.
Exemption authorising the provision of air traffic services
3
1
The provision of air traffic services in respect of a managed area is authorised but this paragraph is subject to paragraph (2).
2
Paragraph (1) does not authorise the provision of an area control service from an area control centre or the provision of air traffic services by the holder of a licence granted under section 5 of the Transport Act 2000.
Duration of exemption
4
The exemption granted by this Order shall continue in force for 10 years.
Bob Ainsworth
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
5th February 2001


text:
Citation and commencement
1
This Order may be cited as the Exeter and District Community Health Service National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Exeter and District Community Health Service National Health Service Trust established by the Exeter and District Community Health Service National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart,
Parliamentary Under Secretary of State,
Department of Health
20th March 2001


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the National Health Service (General Medical Services) (Electronic Communications) Order 2001 and shall come into force on 11th September 2001.
2
In this Order, “the 1992 Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
3
This Order extends to England only .
Amendment of the 1992 Regulations
2
1
The 1992 Regulations are amended as follows.
2
In Schedule 2 to the 1992 Regulations (terms of service for doctors), in paragraph 1 (interpretation) —
a
in the appropriate alphabetical position, insert —
“the 2000 Act ” means the Electronic Communications Act 2000;
,
“electronic communication” has the same meaning as in section 15 of the 2000 Act;
,
“electronic signature” has the same meaning as in section 7 of the 2000 Act;
;
b
in the definition of “prescription form”, after “means” insert “, subject to paragraph 1A,”.
3
After paragraph 1, insert —
1A
1
In this Schedule, where the conditions set out in sub-paragraph (2) are met, the term “prescription form” includes data that —
a
are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication;
b
are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner;
c
are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or
d
are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink.
2
The conditions are —
a
that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services;
b
that the order is not for an oxygen concentrator; and
c
that the Secretary of State is satisfied that —
i
the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and
ii
the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme.
.
4
In paragraph 43 (prescribing) —
a
in sub-paragraph (1), after “by issuing to that patient a prescription form” insert “, or by issuing with the patient’s agreement a prescription form that contains data within the meaning of paragraph 1A(1)(a) and transmitting it by electronic means,”;
b
in sub-paragraph (2), after “not by means of a stamp,” insert “or, where the prescription contains data within the meaning of paragraph 1A(1)(a), (b) or (c) by means of an electronic signature,”.
5
In paragraph 44 (prescribing), in sub-paragraph (2)(c) after “the doctor endorses” omit “on the face of”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
20th August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Fees) (Amendment No. 2) Regulations 2001 and shall come into force on 3rd December 2001.
Amendment of the Merchant Shipping (Fees) Regulations 1996
2
The Schedule to the Merchant Shipping (Fees) Regulations 1996 shall be amended as follows.
3
In Part I —
a
in paragraph 2(1), for “£72” there shall be substituted “£74”.
b
in paragraph 3, after sub-paragraph (g) there shall be inserted the following sub-paragraph:
gg
any survey or inspection which results in the issue of a prevention of operation notice in accordance with regulation 9 of the Merchant Shipping (Mandatory Surveys for Ro-Ro Ferry and High Speed Passenger Craft) Regulations 2001 and, without prejudice to sub-paragraph (c) above, any subsequent survey or inspection relating to the deficiencies which led to the issue of the prevention of operation notice;
.
4
In Part II —
a
for “£14” there shall be substituted “£20”;
b
at the end there shall be added the following sentences:
This fee shall, on the first application for an examination for a certificate of competency, be taken as included in the fees payable in accordance with sections A1 and B1 of Part III below. The sum of £20 shall be deducted from the fee payable in accordance with sections A1 and B1 for any subsequent application for an examination for a certificate of competency.
.
5
For the heading to Part III there shall be substituted the following:
EXAMINATIONS FOR CERTIFICATES OF COMPETENCY AS AN OFFICER
APPLICATIONS FOR EXEMPTIONS AND OTHER SERVICES.
6
In Part III, Section A —
a
in paragraph 1(a) and (d), for “£109” there shall in each case be substituted “£160”;
b
in paragraph 1(c), for “£109” there shall be substituted “£145”;
c
in paragraph 1(b) and (e), for “£90” there shall in each case be substituted “£145”;
d
paragraph 2 shall be omitted;
e
in paragraph 3 —
i
the words “or 2” shall be omitted;
ii
in sub-paragraph (a), for “£12.50” there shall be substituted “£15”;
iii
in sub-paragraph (b), for “£25” there shall be substituted “£40”;
f
in paragraph 4, the words “or 2” shall be omitted.
7
In Part III, Section B —
a
for paragraph 1, there shall be substituted the following:
1
For examination for a certificate of competency on each occasion on which a candidate presents himself for the practical oral part of the examination as: —
a
Master
£160
b
Chief Mate
£160
c
Officer of the Watch (Deck department)
£145
d
Chief Engineer
£160
e
Second Engineer
£160
f
Officer of the Watch (Engine department)
£145
Subject to paragraph 2 below, the fee payable under this paragraph shall be refunded if a certificate is not finally issued;
b
for paragraphs 2 and 3, there shall be substituted the following:
2
For consideration of an application for an examination under paragraph 1 above, where the applicant cancels his application —
a
if cancellation takes place before a notice of eligibility has been issued
£15;
b
if cancellation takes place after a notice of eligibility has been issued
£40;
3
For consideration of an application for an examination under paragraph 1 above, where such consideration involves overseas postage for the Maritime and Coastguard Agency, (as above)
£10
;
c
paragraphs 4, 5, 6 and 7 shall be omitted.
8
In Part III, for Section C, there shall be substituted the following:
Addition, Removal and Amendments to Endorsements and Tanker Endorsements
Service Fee
Addition, removal or amendment to an endorsement or tanker endorsement £50.
9
In Part III, Section D —
a
paragraph 1 shall be omitted;
b
in paragraphs 2 and 4, for “£19” there shall in each case be substituted “£25”;
c
in paragraphs 3 and 5, for “£10.25” there shall in each case be substituted “£15”;
d
in paragraph 6, for “£77” there shall be substituted “£115”;
e
in paragraph 8 —
i
for “£110”, wherever it occurs, there shall be substituted “£150”;
ii
for “£27” there shall be substituted “£30”;
f
in paragraph 12, for “£48.75” there shall be substituted “£60”.
10
In Part III, Section E —
a
in paragraphs 1 and 3, for “£19” there shall in each case be substituted “£25”;
b
in paragraphs 2 and 4, for “£10.25” there shall in each case be substituted “£15”.
11
In Part IV, for everything after the first paragraph there shall be substituted the following:
Service Fee
A Certificates For consideration of an applicant’s qualifications for issue of a certificate of equivalent competency, including the issue of such a certificate £70 The sum of £20 shall be refunded if a certificate is not finally issued B Examinations
1
For an oral examination for competency, on each occasion on which a candidate presents himself
£111
2
For an oral examination to assess a candidate’s standard of English language, on each occasion on which the candidate presents himself
£74
3
For an oral examination to assess a candidate’s standard of knowledge of United Kingdom legal and administrative processes, on each occasion on which the candidate presents himself
£74 C Endorsement and Revalidation
1
For addition, removal or amendment to an endorsement or tanker endorsement
£50
2
For the grant of a certificate of continued proficiency and updating of knowledge in respect of a certificate of equivalent competency
£50
.
12
In Part V —
a
in paragraphs 1 and 2, for “£49” and “£35” there shall in each case be substituted “£74”;
b
after paragraph 2, there shall be inserted the following paragraph —
2A
Combined Practical/Oral examination for Boatmaster’s Licence — taken at same time
£111
;
c
in paragraphs 3 and 6, for “£18” there shall in each case be substituted “£15”;
d
in paragraphs 4, 5 and 7, for “£17” or “£28”, as the case may be, there shall in each case be substituted “£30”.
13
In Part VI —
a
in paragraph 1, for “£540” there shall be substituted “£592”;
b
for paragraphs 2 and 3, there shall be substituted:
2
Application for a Safe Manning Certificate for other Vessels
£111
3
Application for technical amendment, e.g. involving manning charges, or other amendment e.g. change of name of vessel or owner
£74
;
c
in paragraph 4, for “£60” there shall be substituted “£74”.
14
In Part VII, paragraph 1, for entries (2) and (3), there shall be substituted the following:
2
Registration of transfer of ownership of a registered ship
a
one transfer
£69
b
where more than one transfer in relation to a ship is lodged at the same time
two transfers
£84
three transfers
£100
four transfers or more
£115
.
15
In Part VIII —
a
For paragraphs 2 and 3 there shall be substituted the following:
2
Registration of transfer of ownership of a registered vessel:
a
with full registration
£69 £100
b
with simple registration
£52 £100
c
where more than one transfer in relation to the ship is lodged on the same occasion —
two transfers
i
with full registration
£84 £110
ii
with simple registration
£62 £110
three transfers
i
with full registration
£100 £120
ii
with simple registration
£70 £120
four transfers
i
with full registration
£120 £130
ii
with simple regsitration
£88 £130 five or more transfers
i
with full registration
£138 £140
ii
with simple registration
£104 £140
.
b
In paragraph 15, for “£65” there shall be substituted “£50”.
16
In Part X —
a
for “£16.50” and “£35”, wherever they occur, there shall in each case be substituted “£35” and “£55” respectively.
b
for paragraph 1(2)(b) there shall be substituted the following:
b
to a seaman who was the holder of a discharge book which has been lost, destroyed or defaced by water or fire at sea
No fee
.
17
In Part XII, in the Table —
a
for the entries listed in the third column headed “ Other surveys, inspections and tests, per hour or part thereof ” relating to paragraphs 1 and 2, there shall be substituted the following entries:
No fee
£74.00
£148.00
£74.00
.
b
the entries listed in the third column relating to paragraph 3 shall be deleted.
18
In Part XIII, for everything after “1997”, there shall be substituted the following:
The fees for the Secretary of State’s approval of a waste management plan prepared by a harbour authority or terminal operator in respect of a harbour or terminal pursuant to regulation 10(2) of the Regulations, or for the preparation of a waste management plan in respect of a harbour or terminal by the Secretary of State pursuant to regulation 11 of the Regulations, shall be charged at the hourly rate of £74
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
6th November 2001
We consent to the making of these Regulations
Nick Ainger
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
7th November 2001


text:
1
These Regulations may be cited as the Financing of Maintained Schools (England) (Amendment) Regulations 2001 and shall come into force on 14th March 2001.
2
Regulation 28 of the Financing of Maintained Schools (England) Regulations 2001 shall be amended by the substitution of the table set out below for the table set out in paragraph (1) of that regulation.
(1) (2) Description of school Amount to be added
Primary school with fewer than 100.5 pupils £7,000 Primary school with 100.5 pupils or more but with fewer than 200.5 pupils £13,500 Primary school with 200.5 pupils or more but with fewer than 400.5 pupils £24,000 Primary school with 400.5 pupils or more but with fewer than 600.5 pupils £30,000 Primary school with 600.5 pupils or more £48,000 Secondary school with fewer than 600.5 pupils £58,000 Secondary school with 600.5 pupils or more but with fewer than 1,200.5 pupils £70,000 Secondary school with 1,200.5 pupils or more £82,000 Special school with fewer than 100.5 pupils £20,000 Special school with 100.5 pupils or more £28,000
Estelle Morris
Minister of State,
Department for Education and Employment
10th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Hyndburn (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Hyndburn;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Hyndburn (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Hyndburn
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Hyndburn
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for each ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Hyndburn (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
3rd July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Yorkshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the East Yorkshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the East Yorkshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The East Riding and Hull Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The East Riding and Hull Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Hull and East Riding Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
12th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval) (Fees) Regulations 2001 and shall come into force on 1st August 2001.
Interpretation
2
1
In these Regulations —
“appeal” means an appeal made in accordance with regulation 9 of the Approval Regulations ;
“the Approval Regulations” means the Motor Vehicles (Approval) Regulations 2001 ;
“exceptional circumstances” means an accident, a fire, an epidemic, severe weather, a failure in the supply of essential services or other unexpected happening (excluding a breakdown or mechanical defect in a vehicle or non delivery of spare parts for that vehicle);
“further application” means an application made in accordance with regulation 6(6) of the Approval Regulations;
“goods vehicle” means a motor vehicle of a kind referred to in regulation 4(1)(b) of the Approval Regulations;
“model report” means a collection of data and information about a vehicle which is not a Schedule 2 vehicle that has been submitted by an applicant for the purposes of approval of other vehicles of the same model under regulation 5(1)(b) of the Approval Regulations and which demonstrates to the satisfaction of the Secretary of State compliance with the relevant provisions of Schedule 4 to the Approval Regulations;
“original application” means an application made in accordance with regulation 6(1) to (3) of the Approval Regulations, not being a further application;
“out of hours” means at any time either —
on any day which is a Saturday, Sunday, Good Friday, Christmas Day or a Bank holiday (as defined in the Banking and Financial Dealings Act 1971 ); or
on any other day, other than between —
8.00 am and 5.00 p.m. on a Monday to Thursday inclusive, or
8.00 am and 4.30 p.m. on a Friday;
“passenger vehicle” means a vehicle to which the Motor Vehicles (Type Approval) (Great Britain) Regulations 1984 apply;
“relevant vehicle” means a vehicle to which the Approval Regulations apply;
“same model” means, in relation to two or more vehicles, vehicles that are the same as each other in all the aspects of their technical specification relevant to the subject matter of Schedule 4 to the Approval Regulations; and
“Schedule 2 vehicle” has the same meaning as in Schedule 2 to the Approval Regulations.
Application
3
These Regulations apply to every motor vehicle to which Part II of the Approval Regulations applies.
Fees-application for Minister’s approval certificate
4
1
Subject to paragraphs (2) to (4) below, the fee prescribed for the purposes of regulation 6(3)(b) of the Approval Regulations, in respect of an original application, is —
a
£150 in the case of any passenger vehicle which is a Schedule 2 vehicle;
b
£60 in the case of any goods vehicle which is a Schedule 2 vehicle;
c
£190 in the case of any passenger vehicle which is not a Schedule 2 vehicle but which is the subject of a model report;
d
£180 in the case of any passenger vehicle which is not a Schedule 2 vehicle and is not the subject of a model report;
e
£100 in the case of any goods vehicle which is not a Schedule 2 vehicle but which is the subject of a model report; and
f
£90 in the case of any goods vehicle which is not a Schedule 2 vehicle and is not the subject of a model report.
2
Subject to paragraphs (3) and (4), where the condition specified in regulation 5(8)(c) of the Approval Regulations applies, the fee prescribed for the purposes of regulation 6(3)(b) of those Regulations is —
a
in the case of any Schedule 2 vehicle, £60;
b
in the case of any vehicle which is not a Schedule 2 vehicle but which is the subject of a model report, £100; and
c
in the case of any vehicle which is not a Schedule 2 vehicle and which is not the subject of a model report, £90.
3
Subject to paragraph (4) below, where the time appointed for the examination of a vehicle for the purposes of such an application is, at the applicant’s request, out of hours —
a
The fees prescribed by paragraph (1) shall be increased by —
i
£75 in the case of any passenger vehicle;
ii
£25 in the case of any goods vehicle; and
b
The fees prescribed by paragraph (2)(b) or (c) shall be increased by £20 in the case of any vehicle,
such additional amounts being payable before the examination is carried out.
4
Where an original application is refused by virtue of regulation 10 of the Approval Regulations, the fee prescribed for the purposes of regulation 6(3)(b) of those Regulations shall be £50 in all cases and the balance of any sum previously paid in respect of that fee shall be repaid to the applicant.
5
1
Subject to paragraph (2), the fee prescribed for the purposes of regulation 6(7)(d) of the Approval Regulations, in respect of a further application, is —
a
£30 in the case of any passenger vehicle; and
b
£15 in the case of any goods vehicle.
2
Where the time appointed for the examination of a vehicle for the purposes of such an application is, at the applicant’s request, out of hours, the fee prescribed by paragraph (1) shall be increased by —
a
£15 in the case of any passenger vehicle; and
b
£6 in the case of any goods vehicle,
such additional amount being payable before the examination is carried out.
3
Any fee which would otherwise be payable by virtue of regulation 6(7)(d) of the Approval Regulations, in respect of a further application, shall not be payable if, by agreement, the vehicle is submitted for examination at the place at which it was previously examined before the end of the fifth day following that examination on which the Secretary of State will accept vehicles for examination and —
a
the requirements of paragraph (4) are met in the case of any passenger vehicle; or
b
the requirements of paragraph (5) are met in the case of any goods vehicle.
4
The requirements of this paragraph are that the further application must be due only to a failure to comply with —
a
the requirements of one or more of the following items of the Table in Schedule 3 to the Approval Regulations —
i
item 6 in so far as those requirements are not those relating to angles of visibility or position;
ii
item 8;
iii
item 17 in so far as there are no more than three separate examples of a failure to comply with those requirements;
iv
item 18 in so far as there are no more than three separate examples of a failure to comply with those requirements;
v
item 20, 21 or 22;
b
the requirements of one or more items of the Table in Schedule 3 to the Approval Regulations in respect of which sufficient documentary evidence is produced to the Secretary of State before the examination to satisfy him as to compliance with those requirements;
c
the requirement in item 11 of the Table in Schedule 4 to display a child restraint warning label,
or any combination of sub-paragraphs (a), (b) or (c) above.
5
The requirements of this paragraph are that the further application must be due only to a failure to comply with the requirements of —
a
item 22 of the Table in Schedule 3 to the Approval Regulations;
b
one or more items of that Table in respect of which sufficient documentary evidence is produced to the Secretary of State before the examination to satisfy him as to compliance with the requirements of those items; or
c
item 25 of the Table in Schedule 3 to the Approval Regulations.
Fees-general provisions
6
If the applicant —
a
has before the time appointed for the examination of a vehicle for the purposes of either an original application or a further application given the Secretary of State 3 clear days notice (whether in writing or otherwise) at the place appointed for that examination that he does not propose to submit the vehicle for examination at that time; or
b
satisfies the Secretary of State that the vehicle cannot, or as the case may be, could not be submitted for examination at the time appointed because of exceptional circumstances occurring not more than 5 days before that time and of which the applicant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,
then, unless another time is arranged for the examination, the application shall be treated as one in respect of which no fee is payable and any sum previously paid in respect of that application shall be repaid to the applicant.
Fees-appeals
7
1
Subject to paragraphs (2) and (3) below, the fee prescribed for the purposes of regulation 9(2) of the Approval Regulations in respect of an appeal is —
a
£150 in the case of any passenger vehicle which is a Schedule 2 vehicle;
b
£60 in the case of any goods vehicle which is a Schedule 2 vehicle;
c
£190 in the case of any passenger vehicle which is not a Schedule 2 vehicle but which is the subject of a model report;
d
£180 in the case of any passenger vehicle which is not a Schedule 2 vehicle and which is not the subject of a model report;
e
£100 in the case of any goods vehicle which is not a Schedule 2 vehicle but which is the subject of a model report; and
f
£90 in the case of any goods vehicle which is not a Schedule 2 vehicle and is not the subject of a model report.
2
Subject to paragraph (3) below, where the time appointed for the re-examination of a vehicle for the purposes of such an appeal is, at the appellant’s request, out of hours, the fee prescribed by paragraph (1) shall be increased by —
a
£75 in the case of any passenger vehicle which is a Schedule 2 vehicle; and
b
£25 in the case of any goods vehicle which is a Schedule 2 vehicle,
such additional amount being payable before the re-examination is carried out.
3
Where an appeal is refused by virtue of regulation 10 of the Approval Regulations, the fee prescribed for the purposes of regulation 9(2) of those Regulations shall be —
a
£150 in the case of any passenger vehicle which is a Schedule 2 vehicle;
b
£60 in the case of any goods vehicle which is a Schedule 2 vehicle;
c
£190 in the case of any passenger vehicle which is not a Schedule 2 vehicle but which is the subject of a model report;
d
£180 in the case of any passenger vehicle which is not a Schedule 2 vehicle and which is not the subject of a model report;
e
£100 in the case of any goods vehicle which is not a Schedule 2 vehicle but which is the subject of a model report;
f
£90 in the case of any goods vehicle which not a Schedule 2 vehicle and is not the subject of a model report,
and the balance, if any, of any sum previously paid in respect of that fee shall be repaid to the appellant.
Provisions as to fees on appeal
8
1
After the completion of a re-examination of a vehicle for the purposes of an appeal, the Secretary of State may, as he thinks fit, repay to the appellant either the whole or part of the fee paid on the appeal, where it appears to him that there were substantial grounds for contesting the whole or part of the determination against which the appeal was made.
2
If the appellant —
a
has before the time appointed for such a re-examination given the Secretary of State two clear days notice (whether in writing or otherwise) at the office at which his appeal was lodged that he does not propose to submit the vehicle for re-examination at that time; or
b
satisfies the Secretary of State that the vehicle cannot or, as the case may be, could not be submitted for re-examination at the time appointed because of exceptional circumstances occurring not more than 5 days before that time and of which the appellant gives notice to the Secretary of State (whether in writing or otherwise) within 3 days of the occurrence of those circumstances,
then, unless another time is arranged for the re-examination, the appeal shall be treated as one in respect of which no fee is payable and any sum previously paid in respect of that appeal shall be repaid to the appellant.
Fees-replacement certificates
9
The fee prescribed for the purposes of regulation 12(2)(b) of the Approval Regulations is £10.
Provisions as to notices
10
1
Any notice given under these Regulations may be given by post.
2
For the purposes of calculating the period of any notice given under these Regulations a Saturday, Sunday, Good Friday, Christmas Day or a bank holiday (as defined in the Banking and Financial Dealings Act 1971) shall be excluded from the period.
Revocation and transitional arrangements
11
1
Subject to paragraph (2), the Motor Vehicles (Approval) (Fees) Regulations 1997 (“the 1997 regulations ”) are revoked.
2
The 1997 Regulations shall continue to apply to applications and appeals made under the Approval Regulations before the date when these Regulations come into force for which a fee prescribed by the 1997 Regulations applies.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
10th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rushmoor and Hart Primary Care Trust (Establishment) Order 2001 and shall come into force on 8th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Rushmoor and Hart Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 8th October 2001 a Primary Care Trust to be called the Rushmoor and Hart Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The North and Mid Hampshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North and Mid Hampshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Surrey Hampshire Borders National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
1st October 2001


text:
Title, extent, commencement and cessation
1
1
These Regulations may be cited as the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (No. 2) Regulations 2001; they extend to the United Kingdom and shall come into force at 7.00 p.m. on 22nd October 2001.
2
These Regulations shall apply until midnight on 31st December 2001.
Interpretation
2
1
In these Regulations —
“approved disinfectant” means a disinfectant approved in respect of Foot-and-Mouth Disease Orders under the Diseases of Animals (Approved Disinfectants) Order 1978 ;
“the Decision” means Commission Decision 2001/740/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC ;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (in England), the National Assembly for Wales (in Wales), the Scottish Ministers (in Scotland), the Department of Agriculture and Rural Development (in Northern Ireland) or a local authority, and includes a veterinary inspector;
“local authority” means-
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough, the council of that borough; or
in the City of London, the Common Council; or
in any part of Wales, a county council or a county borough council;
in any part of Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“port” includes seaport, airport, hoverport and the United Kingdom terminal of the Channel tunnel;
“road vehicle” means any vehicle (other than new vehicles which have not been driven outside the place of production) which has been driven or ridden on any highway, road or farm or grazing land in the United Kingdom and “vehicle” includes a trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (in England, Wales and Scotland) or the Department of Agriculture and Rural Development (in Northern Ireland).
2
For the purposes of the Scotland Act 1998 , these Regulations shall be taken to be a pre-commencement enactment within the meaning of that Act.
Disinfection of tyres of road vehicles transported from the British Islands
3
The managing body of a port or, where there is an operator of a seaport terminal that operator, shall ensure that no road vehicle is transported from that port or terminal to a destination outside the British Islands unless the tyres of that vehicle (other than any spare tyres) have been treated with an approved disinfectant.
Powers of inspectors
4
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this regulation “premises” includes any place, installation, vehicle, ship, vessel, boat, craft, hovercraft, train or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of these Regulations, and in particular may —
a
carry out inspections of any premises used in connection with the departure of road vehicles from the British Islands;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Obstruction
5
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him for the purposes of his functions under these Regulations, or
c
furnish to any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
6
1
Where a body corporate (other than in Scotland) is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate.
3
Where an offence under these Regulations committed in Scotland by a body corporate or a partnership is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity (or in the case of a partnership, a partner or a person who was purporting to act as such), that person as well as the body corporate or the partnership, as the case may be, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Where the provisions of paragraph (3) above apply, and the affairs of a body corporate are managed by its members, those provisions shall apply in relation to the acts and defaults of a member in connection with the members' functions of management as if the member were a director of the body corporate.
Penalties
7
A person contravening any provision of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Enforcement
8
These Regulations shall be enforced by the Minister or the local authority (in England, Wales and Scotland) and by the Department of Agriculture and Rural Development (in Northern Ireland).
Revocation
9
The Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001 are revoked.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
Dated 22nd October 2001


text:
1
This Order may be cited as the School Standards and Framework Act 1998 (Commencement No. 8 and Supplemental Provisions) Order 2001.
2
Section 115(2) and (3) of the School Standards and Framework Act 1998 shall come into force on 1st April 2001 in relation to England.
3
Requests by or on behalf of any registered pupil at a school for school lunches to be provided on or after 1st April 2001 may be made to a local education authority at any time after the making of this Order.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
6th March 2001