text:
Citation and commencement
1
These Regulations may be cited as the Public Contracts (Works, Services and Supply) (Amendment) Regulations 2000 and shall come into force on 16th August 2000.
Interpretation
2
In these Regulations —
a
the “Public Works Regulations” shall mean the Public Works Contracts Regulations 1991 ,
b
the “Public Services Regulations” shall mean the Public Services Contracts Regulations 1993 , and
c
the “Public Supply Regulations” shall mean the Public Supply Contracts Regulations 1995 .
Amendment of the Public Works Regulations
3
1
Regulation 2 of the Public Works Regulations (interpretation) shall be amended —
a
in regulation 2(1),
i
by inserting the following definitions —
“Government Procurement Agreement” means the Agreement on Government Procurement between certain parties to the World Trade Organisation ( WTO ) Agreement signed in Marrakesh on 15 April 1994 ,
“ GPA ” means the Government Procurement Agreement,
;
ii
by omitting the definition of “ ECU ”;
iii
by substituting the following definition for the definition of “relevant State” —
“relevant State” means a member State or a State for the time being specified in Schedule 3 to these Regulations;
;
b
by omitting regulation 2(2).
2
Regulation 3 of the Public Works Regulations (contracting authorities) shall be replaced by —
Contracting authorities
3
1
For the purposes of these Regulations each of the following is a “contracting authority” —
a
a Minister of the Crown,
b
a government department,
c
the House of Commons,
d
the House of Lords,
e
the Northern Ireland Assembly Commission,
f
the Scottish Parliamentary Body Corporate,
g
the National Assembly for Wales,
h
a local authority,
i
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ,
j
the Fire Authority for Northern Ireland,
k
a police authority established under section 3 of the Police Act 1996 ,
l
a police authority established under section 2 of the Police (Scotland) Act 1967 ,
m
the Police Authority for Northern Ireland,
n
an authority established under section 10 of the Local Government Act 1985 ,
o
a joint authority established by Part IV of that Act,
p
any body established pursuant to an order under section 67 of that Act,
q
the Broads Authority,
r
any joint board the constituent members of which consist of any of the bodies specified in paragraphs (h), (i), (k), (l), (n), (o) and (p) and (q), above,
s
a National Park authority established by an Order under section 63 of the Environment Act 1995 ,
t
the Receiver for the Metropolitan Police District ,
u
a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and —
i
financed wholly or mainly by another contracting authority, or
ii
subject to management supervision by another contracting authority, or
iii
more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,
v
an association of or formed by one or more of the above, and
w
to the extent not specified in sub-paragraphs (a) to (t) above, an entity specified in Schedule 1 to the Public Supply Contracts Regulations 1995 .
2
In the application of these Regulations to England, “local authority” in paragraph (1) above means —
a
a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as local authority or police authority.
3
In the application of these Regulations to Wales, “local authority” in paragraph (1) above means a county council, county borough council or community council.
4
In the application of these Regulations to Scotland, “local authority” in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 and also includes joint board or joint committee within the meaning of section 235(1).
5
In the application of these Regulations to Northern Ireland, “local authority” in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 .
6
Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.
.
3
Regulation 4(1)(b) of the Public Works Regulations (contractors) shall be replaced by —
b
who is a national of and established in a relevant State.
.
4
Regulation 7(1) of the Public Works Regulations (thresholds) shall be replaced by —
1
These Regulations shall not apply to the seeking of offers in relation to-
a
a proposed public works contract where the estimated value of the contract (net of value added tax) at the relevant time is less than the euro equivalent of 5,000,000 special drawing rights;
b
a proposed public works concession contract or a proposed subsidised works contract under regulation 23 where the estimated value of the contract (net of value added tax) at the relevant time is less than 5,000,000 euro.
.
5
In regulation 7 of the Public Works Regulations (thresholds) the following paragraph shall be inserted after paragraph (1) —
1A
The value in pounds sterling of any amount expressed in this regulation in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 93/37/ EEC as published from time to time in the Official Journal .
.
6
Regulation 11(4) of the Public Works Regulations (the open procedure) shall be replaced by —
4
Where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part B of Schedule 2 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched;
the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.
.
7
The following paragraphs shall be added to regulation 11 of the Public Works Regulations (the open procedure) —
8
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired.
9
Where a contracting authority has authorised another means of submission in accordance with paragraph (8) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post in either case as soon as possible after the submission of the tender by another means.
.
8
Regulation 12(12) of the Public Works Regulations (the restricted procedure) shall be replaced by —
12
Subject to paragraph (14) below, where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part C (or, if appropriate, Part D) of Schedule 2 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched;
the contracting authority may substitute for the period of not less than 40 days in paragraph (11) above, a period of not less than 26 days.
.
9
The following paragraphs shall be added to regulation 12 of the Public Works Regulations (the restricted procedure) —
16
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired.
17
Where a contracting authority has authorised another means of submission in accordance with paragraph (16) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.
.
10
Regulation 22 of the Public Works Regulations (information about contract award procedures) shall be replaced by —
Information about contract award procedures
22
1
Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities and shall inform promptly any contractor who submitted an offer or who applied to be included amongst the persons to be selected to tender for or to negotiate the contract of the reasons for its decision and shall do so in writing if so requested.
2
Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any contractor who was unsuccessful (whether pursuant to regulation 11(7), 12(4), 12(5), 13(7), 13(8) or 20), inform that contractor of the reasons why he was unsuccessful and, if the contractor submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.
3
A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between contractors.
4
A contracting authority shall prepare a record in relation to each public works contract awarded by it specifying —
a
the name and address of the contracting authority;
b
the work or works to be carried out under the contract and the value of the consideration to be given under it;
c
the names of the persons whose offers were evaluated in accordance with regulation 20 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;
d
the names of the persons who were unsuccessful pursuant to regulation 11(7), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;
e
the name of the person to whom the public works contract was awarded and the reasons for having awarded the contract to him;
f
if known to the contracting authority, the works under the contract which the person to whom the contract has been awarded intends to sub-contract to another person; and
g
in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.
5
If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission.
.
11
Regulation 28 of the Public Works Regulations (statistical and other reports) shall be replaced by —
Statistical and other reports
28
1
A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public works contract awarded by it during the reporting period —
a
the value (estimated if necessary) of the consideration payable under the contract;
b
whether the open, restricted or negotiated procedure was used;
c
if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;
d
the principal category of work carried out or to be carried out under the contract according to the nomenclature used in Schedule 1; and
e
the nationality of the person to whom the contract was awarded.
2
Entities specified in Schedule 1 to the Public Supply Contracts Regulations 1995 or any body which is a successor to such an entity and which is a contracting authority shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public works contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.
3
A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public works contract (including public works contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.
4
In this regulation “the reporting period” means the year preceding the year in which the report referred to in paragraph (1) above is to be made.
.
12
Regulation 31 of the Public Works Regulations (enforcement of obligations relating to a public works contract) shall be amended —
a
by inserting the following paragraphs after paragraph (1) —
1A
The duty owed to a contractor pursuant to paragraph (1) above, except in relation to regulations 23, 25 and 26 (1) and(2), shall be a duty owed also to a GPA provider.
1B
References to a “contractor” in paragraphs (3), (5) and (6) below shall be construed as including a reference to a GPA provider.
;
b
by inserting the following words after the words “pursuant to paragraph (1)” in paragraphs (3), (5), (6) and (7), —
or paragraph (1A)
; and
c
by adding the following paragraph —
9
In this regulation —
a
a “GPA provider” shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;
b
a “GPA State” shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded ; and
c
“relevant time” shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.
.
13
Schedule 1 to these Regulations (which substitutes a new Schedule 2 to the Public Works Regulations) shall have effect.
14
Schedule 2 to these Regulations (which adds Schedule 3 to the Public Works Regulations) shall have effect.
Amendment of the Public Services Regulations
4
1
Regulation 2 of the Public Services Regulations (interpretation) shall be amended —
a
in regulation 2(1),
i
by inserting the following definitions —
“Government Procurement Agreement” means the Agreement on Government Procurement between certain parties to the World Trade Organisation (WTO) Agreement signed in Marrakesh on 15 April 1994 ;
“GPA” means the Government Procurement Agreement,
“Schedule 3 entity” means an entity specified in Schedule 3 pursuant to its inclusion in the list of central government bodies in Annex I of the GPA, and for which these Regulations make particular provision;
;
ii
by omitting the definition of “ECU”;
iii
by substituting the following definition for the definition of “relevant State” —
“relevant State” means a member State or a State for the time being specified in Schedule 4 to these Regulations;
;
b
by omitting regulation 2(3).
2
Regulation 3 of the Public Services Regulations (contracting authorities) shall be replaced by —
Contracting authorities
3
1
For the purposes of these Regulations each of the following is a “contracting authority” —
a
a Minister of the Crown,
b
a government department,
c
the House of Commons,
d
the House of Lords,
e
the Northern Ireland Assembly Commission,
f
the Scottish Parliamentary Body Corporate,
g
the National Assembly for Wales,
h
a local authority,
i
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ,
j
the Fire Authority for Northern Ireland,
k
a police authority established under section 3 of the Police Act 1996 ,
l
a police authority established under section 2 of the Police (Scotland) Act 1967 ,
m
the Police Authority for Northern Ireland,
n
an authority established under section 10 of the Local Government Act 1985,
o
a joint authority established by Part IV of that Act,
p
any body established pursuant to an order under section 67 of that Act,
q
the Broads Authority,
r
any joint board the constituent members of which consist of any of the bodies specified in paragraphs (h), (i), (k), (l), (n), (o), (p) and (q), above,
s
a National Park authority established by an Order under section 63 of the Environment Act 1995 ,
t
the Receiver for the Metropolitan Police District ,
u
a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and —
i
financed wholly or mainly by another contracting authority, or
ii
subject to management supervision by another contracting authority, or
iii
more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,
v
an association of or formed by one or more of the above, and
w
to the extent not specified in sub-paragraphs (a) to (t) above, an entity specified in Schedule 3.
2
In the application of these Regulations to England, “local authority” in paragraph (1) above means —
a
a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as local authority or police authority.
3
In the application of these Regulations to Wales, “local authority” in paragraph (1) above means a county council, county borough council or community council.
4
In the application of these Regulations to Scotland, “local authority” in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 and also includes joint board or joint committee within the meaning of section 235(1).
5
In the application of these Regulations to Northern Ireland, “local authority” in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 .
6
Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.
.
3
Regulation 4(1)(b) of the Public Services Regulations (service providers) shall be replaced by —
b
who is a national of and established in a relevant State.
.
4
Regulation 7(1) of the Public Services Regulations (thresholds) shall be replaced by —
1
These Regulations shall not apply to the seeking of offers in relation to a proposed public services contract where the estimated value of the contract (net of value added tax) at the relevant time is less than the relevant threshold, which, in relation to a Part A services contract, other than
a
a subsidised services contract under regulation 25,
b
a contract for research and development services specified in category 8 of Schedule 1, or
c
a contract for telecommunication services specified under CPC references 7524, 7525 and 7526 within category 5 of Schedule 1, Part A,
shall be —
i
in the case of offers sought by Schedule 3 entities the euro equivalent of 130,000 special drawing rights; and
ii
in the case of offers sought by any other contracting authority the euro equivalent of 200,000 special drawing rights;
and in relation to any other public services contract shall be 200,000 euro.
.
5
In regulation 7 of the Public Services Regulations (thresholds) the following paragraph shall be inserted —
1A
The value in pounds sterling of any amount expressed in these Regulations in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 92/50/EEC as published from time to time in the Official Journal .
.
6
Regulation 11(4) of the Public Services Regulations (the open procedure) shall be replaced by —
4
Where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part B of Schedule 2 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched —
the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above, a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.
.
7
The following paragraphs shall be added to regulation 11 of the Public Services Regulations (the open procedure) —
9
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired.
10
Where a contracting authority has authorised another means of submission in accordance with paragraph (9) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.
.
8
Regulation 12(12) of the Public Services Regulations (the restricted procedure) shall be replaced by —
12
Subject to paragraph (15) below, where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part C (or, if appropriate, Part D) of Schedule 2 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched;
the contracting authority may substitute for the period of not less than 40 days in paragraph (11) above, a period of not less than 26 days.
.
9
The following paragraphs shall be added to regulation 12 of the Public Services Regulations (the restricted procedure) —
17
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired.
18
Where a contracting authority has authorised another means of submission in accordance with paragraph (17) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible after the submission of the tender by another means.
.
10
Regulation 23 of the Public Services Regulations (information about contract award procedures) shall be replaced by —
Information about contract award procedures
23
1
Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities and shall inform promptly any service provider who submitted an offer or who applied to be included amongst the persons to be selected to tender for or to negotiate the contract of the reasons for its decision and shall do so in writing if so requested.
2
Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any service provider who was unsuccessful (whether pursuant to regulation 11(8), 12(4), 12(5), 13(7), 13(8) or 21), inform that service provider of the reasons why he was unsuccessful and, if the service provider submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.
3
A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between service providers.
4
A contracting authority shall prepare a record in relation to each public services contract awarded by it specifying —
a
the name and address of the contracting authority;
b
the services to be provided under the contract and the value of the consideration to be given under it;
c
the names of the persons whose offers were evaluated in accordance with regulation 21 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;
d
the names of the persons who were unsuccessful pursuant to regulation 11(8), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;
e
the name of the person to whom the contract was awarded and the reasons for having awarded the contract to him;
f
if known to the contracting authority, the services under the contract which the person to whom the contract has been awarded intends to sub-contract to another person; and
g
in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.
5
If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission.
.
11
Regulation 24(1) (design contests) shall be replaced by —
1
This regulation shall apply to a design contest if it is organised as part of a procedure intended to lead to the award of a public services contract whose estimated value (net of value added tax) is not less than the relevant threshold, which, in relation to a Part A services contract other than —
a
a contract for research and development specified in category 8 of Schedule 1, Part A; or
b
a contract for telecommunications services specified under CPC references 7524, 7525 and 7526 within category 5 of Schedule 1, Part A,
shall be —
i
in the case of offers sought by Schedule 3 entities the euro equivalent of 130,000 special drawing rights;
ii
in the case of offers sought by any other contracting authority the euro equivalent of 200,000 special drawing rights;
and in relation to any other public services contract shall be 200,000 euro.
1A
This regulation shall apply to a design contest whether or not it is organised as part of a procedure leading to the award of a public services contract, if the aggregate value of the prizes or payments for the contest is not less than 200,000 euro.
.
12
Regulation 27 of the Public Services Regulations (statistical and other reports) shall be replaced by —
Statistical and other reports
27
1
A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public services contract awarded by it during the reporting period —
a
the value (estimated if necessary) of the consideration payable under the contract;
b
whether the open, restricted or negotiated procedure was used;
c
if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;
d
the principal category of service carried out or to be carried out under the contract according to the nomenclature used in Schedule 1; and
e
the nationality of the person to whom the contract was awarded.
2
A Schedule 3 entity shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public services contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.
3
A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public services contract (including public services contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.
4
In this regulation “the reporting period” means the year preceding the year in which the report referred to in paragraph (1) above is to be made.
.
13
Regulation 32 of the Public Services Regulations (enforcement of obligations relating to a public services contract) shall be amended —
a
by inserting the following paragraphs after paragraph (1) —
1A
The duty owed to a service provider pursuant to paragraph (1) above, except in relation to —
a
regulation 25;
b
a Part B services contract; and
c
a contract for the services referred to in paragraphs (a) to (c) of regulation 7(1) above,
shall be a duty owed also to a GPA provider.
1B
References to a “service provider” in paragraphs (2), (4) and (5) below shall be construed as including a reference to a GPA provider.
;
b
by inserting the following words after the words “pursuant to paragraph (1)” in paragraphs (2), (4), (5) and (6) — “or paragraph (1A)”; and
c
by adding the following paragraph —
8
In this regulation —
a
a “GPA provider” shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;
b
a “GPA State” shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded ; and
c
“relevant time” shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.
14
Schedule 3 to these Regulations (which substitutes a new Schedule 2 to the Public Services Regulations) shall have effect.
15
Schedules 4 and 5 to these Regulations (which add Schedules 3 and 4 to the Public Services Regulations ) shall have effect.
Amendment of the Public Supply Regulations
5
1
Regulation 2 of the Public Supply Regulations (interpretation) shall be amended —
a
in regulation 2(1),
i
by inserting the following definitions —
“Government Procurement Agreement” means the Agreement on Government Procurement between certain parties to the World Trade Organisation (WTO) Agreement signed in Marrakesh on 15 April 1994 ,
“GPA” means the Government Procurement Agreement;
“Schedule 1 entity” means an entity specified in Schedule 1 pursuant to its inclusion in the list of central government bodies in Annex I of the GPA, and for which these Regulations make particular provisions;
;
ii
by omitting the definition of “ECU”;
iii
by substituting the following definition for the definition of “relevant State” —
“relevant State” means a member State or a State for the time being specified in Schedule 4 to these Regulations;
;
iv
by omitting the definition of a “ GATT contracting authority”;
b
by omitting regulation 2(2).
2
Regulation 3 of the Public Supply Regulations (contracting authorities) shall be replaced by —
Contracting Authorities
3
1
For the purposes of these Regulations each of the following is a “contracting authority” —
a
a Minister of the Crown,
b
a government department,
c
the House of Commons,
d
the House of Lords,
e
the Northern Ireland Assembly Commission,
f
the Scottish Parliamentary Body Corporate,
g
the National Assembly for Wales,
h
a local authority,
i
a fire authority constituted by a combination scheme under the Fire Services Act 1947 ,
j
the Fire Authority for Northern Ireland,
k
a police authority established under section 3 of the Police Act 1996 ,
l
a police authority established under section 2 of the Police (Scotland) Act 1967 ,
m
the Police Authority for Northern Ireland,
n
an authority established under section 10 of the Local Government Act 1985 ,
o
a joint authority established by Part IV of that Act,
p
any body established pursuant to an order under section 67 of that Act,
q
the Broads Authority,
r
any joint board the constituent members of which consist of any of the bodies specified in paragraphs (f), (g), (i), (k), (l), (m) and (n), above,
s
a National Park authority established by an Order under section 63 of the Environment Act 1995 ,
t
the Receiver for the Metropolitan Police District ,
u
a corporation established, or a group of individuals appointed to act together, for the specific purposes of meeting needs in the general interest, not having an industrial or commercial character, and —
i
financed wholly or mainly by another contracting authority, or
ii
subject to management supervision by another contracting authority, or
iii
more than half of the board of directors or members of which, or, in the case of a group of individuals, more than half of those individuals, being appointed by another contracting authority,
v
an association of or formed by one or more of the above, and
w
to the extent not specified in sub-paragraphs (a) to (q) above, an entity specified in Schedule 1.
2
In the application of the Regulations to England, “local authority” in paragraph (1) above means —
a
a county council, a district council, a London borough council, a parish council, a community council or the Council of the Isles of Scilly;
b
the Common Council of the City of London in its capacity as local authority or police authority.
3
In the application of these Regulations to Wales, “local authority” in paragraph (1) above means a county council, county borough council or community council.
4
In the application of these Regulations to Scotland, “local authority” in paragraph (1) above has the same meaning as in section 235(1) of the Local Government (Scotland) Act 1973 and also includes joint board or joint committee within the meaning of section 235(1).
5
In the application of these Regulations to Northern Ireland, “local authority” in paragraph (1) above means a district council within the meaning of the Local Government Act (Northern Ireland) 1972 .
6
Where an entity specified in paragraph (1) above does not have the capacity to enter into a contract, the contracting authority in relation to that entity is a person whose function it is to enter into contracts for that entity.
3
Regulation 4(1)(b) of the Public Supply Regulations (suppliers) shall be replaced by —
b
who is a national of and established in a relevant State.
4
Regulation 7(2) of the Public Supply Regulations (thresholds) shall be replaced by
2
The relevant threshold for the purposes of paragraph (1) above —
a
is the euro equivalent of 130,000 special drawing rights where a Schedule 1 entity seeks offers for a public supply contract, but in the case of such a contract in relation to which offers are sought by the Secretary of State for Defence, only if it is for the purchase or hire of goods specified in Schedule 2; and
b
is the euro equivalent of 200,000 special drawing rights in relation to all other public supply contracts.
5
In regulation 7 of the Public Supply Regulations (thresholds) the following paragraph shall be inserted after paragraph (2) —
2A
The value in pounds sterling of any amount expressed in these Regulations in euro or in the euro equivalent of special drawing rights shall be calculated by reference to the rate for the time being applying for the purposes of Council Directive 93/36/EEC as published from time to time in the Official Journal .
6
Regulation 11 of the Public Supply Regulations (the open procedure) shall be amended as follows —
a
Regulation 11(3) shall be replaced by-
3
Subject to paragraphs (3A) and (6) below, the date which the contracting authority shall fix as the last date for the receipt by it of tenders made in response to the contract notice shall be specified in the notice and shall be not less than 52 days from the date of despatch of the notice;
.
b
The following paragraph shall be inserted after paragraph 3 —
3A
Where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part B of Schedule 3 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 11(2) is despatched,
the contracting authority may substitute for the period of not less than 52 days specified in paragraph (3) above a shorter period of generally no less than 36 days and in any event no less than 22 days, provided in each case that the period is sufficient to allow for effective tendering.
.
7
The following paragraph shall be added to regulation 11 of the Public Supply Regulations (the open procedure) —
8
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired;
9
Where a contracting authority has authorised another means of submission in accordance with paragraph (8) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible thereafter.
8
Regulation 12 of the Public Supply Regulations (the restricted procedure) shall be amended as follows —
a
Regulation 12(11) shall be replaced by —
11
Subject to paragraphs (11A) and (14) below, the date which the contracting authority shall fix as the last date for the receipt by it of tenders made in response to the invitation to tender which shall be specified in the invitation to tender in accordance with paragraph 10(b) above shall be not less than 40 days from the despatch of the invitation.
;
b
The following paragraph shall be inserted after paragraph (11) —
11A
Where —
a
the contracting authority has published a prior information notice in accordance with regulation 9 above;
b
the prior information notice contained as much of the information referred to in Part B of Schedule 3 as was available at the time of publication; and
c
the prior information notice was sent to the Official Journal at least 52 days and no more than 12 months before the date on which the contract notice provided for in regulation 12(2) is despatched,
the contracting authority may substitute for the period of not less than 40 days specified in paragraph (11) above, a period of no less than 26 days.
.
9
The following paragraph shall be added to regulation 12 of the Public Supplies Regulations (the restricted procedure) —
16
Tenders shall be submitted in writing either in person or by post, except that a contracting authority may authorise another means of submission provided that the chosen means enables —
a
each tender to contain all the information necessary for its evaluation;
b
the confidentiality of tenders to be maintained pending their evaluation; and
c
tenders to be opened only after the time limit for their submission has expired.
17
Where a contracting authority has authorised another means of submission in accordance with paragraph (16) above, it may require either that the submission of the tender is confirmed in writing or that a copy of the tender is delivered to it in person or by post, in either case as soon as possible thereafter.
.
10
Regulation 23 of the Public Supply Regulations (information about contract award procedures) shall be replaced by —
Information about contract award procedures
23
1
Where a contracting authority decides either to abandon or to recommence an award procedure in respect of which a contract notice has been published it shall inform the Office for Official Publications of the European Communities and shall inform promptly any supplier who submitted an offer or who applied to be included amongst the persons to be selected to tender for or negotiate the contract of the reasons for its decision and shall do so in writing if so requested.
2
Subject to paragraph (3) below, a contracting authority shall, within 15 days of the date on which it receives a request in writing from any supplier who was unsuccessful (whether pursuant to regulation 11(7), 12(4), 12(5), 13(7), 13(8) or 21), inform that supplier of the reasons why he was unsuccessful and, if the supplier submitted an admissible tender, the contracting authority shall inform him of the characteristics and relative advantages of the successful tender as well as the name of the person awarded the contract.
3
A contracting authority may withhold any information to be provided in accordance with paragraph (2) above where the disclosure of such information would impede law enforcement or otherwise be contrary to the public interest or would prejudice the legitimate commercial interests of any person or might prejudice fair competition between suppliers.
4
A contracting authority shall prepare a record in relation to each public supply contract awarded by it specifying —
a
the name and address of the contracting authority;
b
the type of goods purchased or hired or to be purchased or hired under the contract and the value of the consideration to be given under it;
c
the names of the persons whose offers were evaluated in accordance with regulation 21 and, where the contracting authority has used the restricted or negotiated procedure, the reasons why those persons were selected;
d
the names of the persons who were unsuccessful pursuant to regulation 11(7), 12(4), 12(5), 13(7) or 13(8) and the reasons why they were unsuccessful;
e
the name of the person to whom the public supply contract was awarded and the reasons for having awarded the contract to him;
f
if known to the contracting authority, which parts of the contract the person to whom the contract has been awarded intends to sub-contract to another person; and
g
in the case of a contracting authority which used the negotiated procedure, which of the circumstances specified in regulation 10(2) constituted grounds for using that procedure.
5
If the Commission requests a report containing the information specified in paragraph (4) above, the contracting authority shall send a written report containing that information, or the main features of it, to the Treasury for onward transmission to the Commission
.
11
Regulation 24 of the Public Supply Regulations (public service bodies) shall be amended by substituting “Schedule 1 entity” for “GATT contracting authority”.
12
Regulation 25 of the Public Supply Regulations (statistical and other reports) shall be replaced by —
Statistical and other reports
25
1
A contracting authority shall, no later than 31st July in each year, send to the Treasury a report specifying, in relation to each public supply contract awarded by it during the reporting period —
a
the value (estimated if necessary) of the consideration payable under the contract;
b
whether the open, restricted or negotiated procedure was used;
c
if the negotiated procedure was used, pursuant to which provision of regulation 10(2) that procedure was used;
d
the type of goods purchased or hired or to be purchased or hired under the contract; and
e
the nationality of the person to whom the contract was awarded.
2
A Schedule 1 entity shall include in the report referred to in paragraph (1) above the aggregate value (estimated if necessary) of all public supply contracts awarded by it during the reporting period which were below the relevant threshold specified in regulation 7.
3
A contracting authority shall send to the Treasury a report containing such other information as the Treasury may from time to time require in respect of a particular public supply contract (including public supply contracts excluded from the application of these Regulations by regulations 6 and 7) for the purposes of informing the Commission.
4
In this regulation “the reporting period” means the year preceding the year in which the reports referred to in paragraph (1) are to be made.
13
In regulation 29 of the Public Supply Regulations (enforcement of obligations relating to a public supply contract) shall be amended —
a
by inserting the following paragraphs after paragraph (1) —
1A
The duty owed to a supplier pursuant to paragraph (1) above shall be a duty owed also to a GPA provider, but such a duty to a GPA provider shall only be owed by the Secretary of State for Defence in relation to public supply contracts for the purchase or hire of goods specified in Schedule 2.
1B
References to a “supplier” in paragraphs (2), (4) and (5) below shall be construed as including a reference to a GPA provider.
;
b
by inserting the following words after the words “pursuant to paragraph (1)” in paragraphs (2), (4), (5) and (6) — “or paragraph (1A)”; and
c
by adding the following paragraph —
8
In this regulation —
a
a “GPA provider” shall mean a person from a GPA State who sought, or who seeks, or would have wished, to be the person to whom the contract is awarded;
b
a “GPA State” shall mean any country other than a relevant State which, at the relevant time is a signatory to the GPA and has agreed with the European Community that the GPA shall apply to a contract of the type to be awarded ; and
c
“relevant time” shall mean the date on which the contracting authority would have sent a contract notice in respect of the contract to the Official Journal if it had been required by these Regulations to do so.
14
Schedule 6 to these Regulations (which substitutes a new Schedule 1 to the Public Supply Regulations) shall have effect.
15
Schedule 7 to these Regulations (which substitutes a new Schedule 3 to the Public Supply Regulations) shall have effect.
16
Schedule 8 to these Regulations (which adds Schedule 4 to the Public Supply Regulations ) shall have effect.
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2000


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 3) Order 2000.
2
In this Order “ the Act ” means the Immigration and Asylum Act 1999.
2
The provisions of the Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
24th February 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 2000 and shall come into force on 3rd October 2000, except for regulations 5(2)(a)(ii), 5(2)(b), 5(2)(d) and 5(3) which shall come into force on 13th November 2000.
2
These Regulations, other than regulation 4 which extends to England and Wales, extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 19
3
In regulation 19 (Statement and Dental Remuneration), in paragraph (1), for the entry “Incentive scheme allowances” in column (2) of the Table, substitute “Commitment payments”.
Amendment of regulation 20
4
In regulation 20 (approval of payments) —
a
in paragraph (4), after “ IV ,” insert “V”; and
b
for paragraph (5), substitute —
5
The Health Authority shall pay to a salaried dentist and a dentist providing emergency dental service remuneration in accordance with Determination II of the Statement of Dental Remuneration.
.
Amendment of Schedule 1
5
1
Schedule 1 (terms of service for dentists) is amended as follows.
2
In paragraph 25 (records) —
a
in sub-paragraph (1) —
i
before “record” the first time it appears, insert “full, accurate and contemporaneous”, and
ii
after “any practice record form” insert “or form recording recalled attendance in accordance with paragraph 27B”;
b
in sub-paragraph (2) after “records,” insert “forms,”;
c
for sub-paragraph (3) substitute —
3
The dentist shall, during the period in which he holds any records, forms, radiographs, photographs and study models referred to in sub-paragraph (1) —
i
produce them on request to a dental officer, the Health Authority or the Secretary of State, or
ii
send them to the Board, Health Authority or the Secretary of State within 14 days of being required to do so by one of those persons.
; and
d
in sub-paragraph (4), after “other than the practice record form” insert “and the form recording recalled attendance in accordance with paragraph 27B”.
3
After paragraph 27 insert —
Completion of claim forms
27A
1
Subject to sub-paragraph (2), where a person declares that he or a person for whom he is responsible does not have to pay the charges prescribed by the National Health Service (Dental Charges) Regulations 1989 by virtue of either —
a
entitlement to exemption under sub-paragraph (4) of paragraph (2) or sub-paragraph (4) of paragraph (3) of Schedule 12 to the Act; or
b
entitlement to remission of such charges under regulation 3 or 5 of the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 , the dentist shall ask that person to produce to him satisfactory evidence in support of that declaration and where that person does not produce such evidence the dentist shall record that fact in his form claiming remuneration for the treatment of that person or the person for whom that person is responsible.
2
Where, at the time of the declaration there is already available to the dentist satisfactory evidence of an entitlement to exemption from the charges on the grounds that the person in respect of whom the declaration is made is under 18 years of age, the obligations on the dentist specified in sub-paragraph (1) shall not apply.
3
The dentist may appoint a member of his staff to undertake the task set out in sub-paragraph (1) on his behalf, and where he does so he shall ensure that that staff member is given sufficient instruction to enable him to perform that task.
Recalled attendance
27B
Where a dentist is recalled to his practice premises at a time when he does not normally provide general dental services in order to provide treatment in an emergency he shall, on each occasion he does so, at the time of that recalled attendance —
a
complete a form supplied by the Health Authority for the purpose of supporting his claim to an allowance for that recalled attendance; and
b
obtain the signature on that form of the patient whom he has been recalled to treat, or of a person acting on behalf of that patient.
.
4
After paragraph 37 insert —
37A
Where care and treatment is given by an assistant, the dentist or assistant shall complete a claim for remuneration in respect of that care and treatment which —
a
is separate from any claim form in respect of care and treatment given by the dentist personally; and
b
identifies the assistant by whom the care and treatment was given and his status as an assistant.
.
Signed by the authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
11th September 2000


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2000.
2
These Rules shall come into force on 1st August 2000.
3
These Rules extend to England only.
Interpretation
2
In these Rules, unless the context otherwise requires —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“conservation area consent” has the meaning given in section 74(1) of the Listed Buildings Act ;
“development order” has the meaning given in section 59 of the Planning Act ;
“document” includes a photograph, map or plan;
“inquiry” means a local inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State under Schedule 6 to the Planning Act or, as the case may be, Schedule 3 to the Listed Buildings Act to determine an appeal;
“land” means the land or building to which an inquiry relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means the body who were responsible for dealing with the application occasioning the appeal;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“relevant notice” means the Secretary of State’s written notice informing the appellant and the local planning authority that an inquiry is to be held;
“the 1992 Rules ” means the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 ;
“starting date” means the date of the —
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal; or
relevant notice,
whichever is the later;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the appellant and which contains agreed factual information about the proposal which is the subject of the appeal;
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995 whose representations the inspector is required by paragraph (3) of that article to take into account in determining the appeal to which an inquiry relates, and such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the inspector is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the appeal to which an inquiry relates, and a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal.
Application of Rules
3
1
These Rules apply in relation to any local inquiry held in England by an inspector before he determines —
a
an appeal to the Secretary of State in relation to an application for planning permission under section 78 of the Planning Act;
b
an appeal to the Secretary of State in relation to listed building consent under section 20 of the Listed Buildings Act, or in relation to conservation area consent under that section as applied by section 74(3) of that Act,
but do not apply to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Inquiries Procedure) (England) Rules 2000 or Rules superseded by those Rules , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The local planning authority shall, on receipt of the relevant notice, forthwith inform the Secretary of State and the appellant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall, as soon as practicable thereafter, inform the appellant and the local planning authority in writing of the name and address of any statutory party who has made representations to him.
2
This paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made; or
b
in a case relating to listed building consent, the Commission has given a direction to the local planning authority pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined; or
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the starting date inform the person concerned of the inquiry and, unless they have already done so, that person shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
4
The local planning authority shall ensure that within 2 weeks of the starting date —
a
the Secretary of State and the appellant have received a completed questionnaire and a copy of each of the documents referred to in it; and
b
any —
i
statutory party; and
ii
other person who made representations to the local planning authority about the application occasioning the appeal,
have been notified that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Notification of name of inspector
5
1
Subject to paragraph (2), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Receipt of statements of case etc.
6
1
The local planning authority shall ensure that, within 6 weeks of the starting date, 2 copies of their statement of case have been received by the Secretary of State; and a copy of their statement of case has been received by any statutory party.
2
The local planning authority shall —
a
include in their statement of case —
i
details of the time and place where the opportunity to inspect and take copies described in paragraph (13) below shall be afforded; and
ii
where rule 4(2) applies, the terms of any direction given together with a statement of the reasons therefor together with any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
where rule 4(2) applies, within the period mentioned in paragraph (1) send a copy of their statement of case to the person concerned.
3
The appellant shall ensure that, within 6 weeks of the starting date, 2 copies of their statement of case have been received by the Secretary of State and a copy has been received by any statutory party.
4
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the appellant and a copy of the appellant’s statement of case to the local planning authority.
5
The appellant and the local planning authority may in writing each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in their statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the party who required it.
6
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at an inquiry, to send —
a
3 copies of their statement of case to him within 4 weeks of being so required; and
b
a copy of their statement of case to any statutory party;
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and the appellant.
7
The Secretary of State shall, as soon as practicable —
a
send to any person from whom he requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the appellant and the local planning authority; and
b
inform that person of the name and address of every person to whom his statement of case is required to be sent.
8
The Secretary of State may in writing require any person who has sent a statement of case in accordance with these Rules to provide such further information about the matters contained in the statement of case as he may specify and may specify the time within which the information shall be received by him.
9
A local planning authority or appellant required to provide further information shall ensure that —
a
2 copies of that information in writing have been received by the Secretary of State within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the appellant and a copy of the further information received from the appellant to the local planning authority.
10
Any other person required to provide further information shall ensure that —
a
3 copies of that information in writing have been received by the Secretary of State within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the appellant.
11
Any person other than the appellant who sends a statement of case to the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).
12
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document, further information and written comments sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
13
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s completed questionnaire, and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.
14
If the local planning authority or the appellant wish to comment on another person’s statement of case they shall ensure that within 9 weeks of the starting date —
a
2 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments received from the local planning authority to the appellant and copy of the written comments received from the appellant to the local planning authority.
15
Any person who sends a statement of case to the Secretary of State under this rule and who wishes to comment on another person’s statement of case shall ensure that within 9 weeks of the starting date —
a
3 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and the appellant.
Statement of matters and pre-inquiry meetings
7
1
An inspector may, within 12 weeks of the starting date, send to the appellant, the local planning authority and any statutory party a written statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
2
An inspector shall hold a pre-inquiry meeting —
a
if he expects an inquiry to last for 8 days or more, unless he considers it is unnecessary; or
b
in respect of shorter inquiries, if it appears to him necessary.
3
An inspector shall give not less than 2 weeks written notice of a pre-inquiry meeting to —
a
the appellant;
b
the local planning authority;
c
any statutory party;
d
any other person known to be entitled to appear at the inquiry; and
e
any other person whose presence at the meeting appears to him to be desirable.
4
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
5
If the inspector requests any further information from the appellant or the local planning authority at the pre-inquiry meeting, they shall ensure that 2 copies of it have been received by him and a copy has been received by any statutory party within 4 weeks of the conclusion of the pre-inquiry meeting and the inspector shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the appellant and a copy of the further information received from the appellant to the local planning authority.
Inquiry timetable
8
1
In respect of all inquiries that appear to the Secretary of State likely to last for 8 days or more, the inspector shall prepare a timetable for the proceedings.
2
In respect of shorter inquiries, the inspector may at any time prepare a timetable for the proceedings at, or at part of, an inquiry.
3
The inspector may, at any time, vary the timetable arranged under the preceding paragraphs.
4
The inspector may specify in a timetable arranged pursuant to this rule a date by which any proof of evidence and summary sent in accordance with rule 14(1) shall be received by him.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Date and notification of inquiry
10
1
The date fixed by the Secretary of State for the holding of an inquiry shall be —
a
not later than 20 weeks after the starting date unless he considers such a date impracticable; or
b
the earliest date after that period which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
3
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period of 20 weeks mentioned in paragraph (1); and paragraph (2) shall apply to the variation of a date as it applied to the date originally fixed.
4
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any such variation as appears to him to be reasonable.
5
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
6
Where the land is under the control of the appellant he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
7
Every notice of inquiry published, sent or posted pursuant to paragraph (5), or affixed pursuant to paragraph (6), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and any documents sent by and copied to the authority pursuant to rule 6 may be inspected.
Appearances at inquiry
11
1
The persons entitled to appear at an inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iii
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
iv
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
any statutory party;
f
the council of the parish in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission;
h
any other person who has sent a statement of case in accordance with rule 6(6).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Representatives of government departments and other authorities at inquiry
12
1
Where —
a
the Secretary of State or the Commission has given a direction described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 11(1)(c), has expressed a view described in rule 4(2)(c) and the local planning authority have included its terms in a statement served in accordance with rule 6(1),
the appellant, the local planning authority or a person entitled to appear may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
Any person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Inspector may act in place of Secretary of State
13
An inspector may in place of the Secretary of State take such steps as the Secretary of State is required or enabled to take under or by virtue of rule 6(6) to (10), (14) and (15), rule 10, rule 12(1), rule 12(2), rule 21 and rule 22; and where an inspector requires further information or copies pursuant to rules 6(8) or 22, that information or copies shall be sent to him.
Proofs of evidence
14
1
Any person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence shall simultaneously send —
a
2 copies of the proof of evidence, in the case of the local planning authority and the appellant, and 3 copies in the case of any other person, to the Secretary of State together with any written summary; and
b
one copy of these to any statutory party;
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each proof of evidence together with any summary to the local planning authority and the appellant.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof of evidence and any summary shall be received by the Secretary of State no later than —
a
4 weeks before the date fixed for the holding of the inquiry, or
b
where a timetable has been arranged pursuant to rule 8, which specifies a date by which the proof of evidence and any summary shall be received by the Secretary of State, that date.
4
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person required by this rule to send copies of a proof of evidence to the inspector shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(13).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Statement of common ground
15
1
The local planning authority and the appellant shall —
a
together prepare an agreed statement of common ground; and
b
ensure that the Secretary of State and any statutory party receives a copy of it, not less than 4 weeks before the date fixed for the holding of the inquiry.
2
The local planning authority shall afford to any person, who so requests, a reasonable opportunity to inspect and, where practicable, take copies of the statement of common ground sent to the Secretary of State.
Procedure at inquiry
16
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify what are, in his opinion, the main issues to be considered at the inquiry and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
4
Unless in any particular case the inspector otherwise determines, the local planning authority shall begin and the appellant shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
7
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 14(5) —
a
the proof of evidence referred to in rule 14(1) shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of the summary alone; and
b
the person whose evidence the proof of evidence contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
8
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
9
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
10
The inspector may allow any person to alter or add to a statement of case received by the Secretary of State or him under rule 6 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
11
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
12
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
13
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced before the adjournment, no further notice shall be required.
14
In respect of any inquiry that the Secretary of State expects to last for 8 or more days, any person, who appears at the inquiry and makes closing submissions, shall by the close of the inquiry provide the inspector with a copy of their closing submissions in writing.
Site inspections
17
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the appellant, the local planning authority and any statutory party; and
b
shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
18
1
Where an assessor has been appointed, he may, after the close of the inquiry make a report in writing to the inspector in respect of the matters on which he was appointed to advise, and where he does so the inspector shall state in his notification of his decision pursuant to rule 19 that such a report was made.
2
When making his decision the inspector may disregard any written representations or evidence or any other document received after the close of the inquiry.
3
If, after the close of an inquiry, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the inquiry and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying the persons entitled to appear at the inquiry who appeared at it of the matter in question; and
b
affording them an opportunity of making written representations to him or of asking for the re-opening of the inquiry,
and they shall ensure that such written representations or request to re-open the inquiry are received by the Secretary of State within 3 weeks of the date of the notification.
4
An inspector may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3); and where an inquiry is re-opened —
a
the inspector shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraphs (2) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
19
1
The inspector shall, as soon as practicable, notify his decision on an appeal, and his reasons for it, in writing to —
a
all persons entitled to appear at the inquiry who did appear, and
b
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Any person entitled to be notified of the inspector’s decision under paragraph (1) may apply to the Secretary of State in writing for an opportunity to inspect any documents listed in the notification and any report made by an assessor and the Secretary of State shall afford him that opportunity.
3
Any application made pursuant to paragraph (2) shall be received by the Secretary of State within 6 weeks of the date of the decision.
Procedure following quashing of decision
20
1
Where a decision of an inspector on an appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the appeal; and
b
shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector), and if he does so paragraphs (2) to (7) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.
2
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
21
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Additional copies
22
1
The Secretary of State may at any time before the close of an inquiry request from any person entitled to appear additional copies of the following —
a
a statement of case sent in accordance with rule 6;
b
a proof of evidence sent in accordance with rule 14; or
c
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such copies should be received by him.
2
Any person so requested shall ensure that the copies are received by the Secretary of State within the period specified.
Notices by post
23
Notices or documents required or authorised to be sent under these Rules may be sent by post.
Mayor of London
24
1
In this rule “the Mayor” means the Mayor of London.
2
Where an inquiry is held into an appeal arising from an application in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications —
a
in rule 2 —
i
in the definition of the “relevant notice” after “the appellant” insert “, the Mayor”;
ii
in sub-paragraph (a) of the definition of the “starting date” after “the appellant” insert “, the Mayor”;
b
in rule 4 —
i
in paragraph (1) after “inform the Secretary of State” and after “inform the appellant” insert “, the Mayor”;
ii
in paragraph (2) after sub-paragraph (d) insert
or
e
the Mayor has given to the local planning authority a direction to refuse the application for planning permission.
;
iii
in paragraph (4)(a) after the “Secretary of State” insert “, the Mayor”;
c
in rule 6 —
i
in paragraph (1) after “The local planning authority” insert “and the Mayor” and for “2” substitute “3”;
ii
in paragraph (3) for “2” substitute “3”;
iii
for paragraph (4) substitute —
The Secretary of State shall, as soon as practicable after receipt, send —
a
copies of the statements of case of the appellant and the Mayor to the local planning authority;
b
copies of the statements of case of the appellant and the local planning authority to the Mayor; and
c
copies of the statements of case of the local planning authority and the Mayor to the appellant.
;
iv
in paragraph (5) for “The appellant and the local planning authority may in writing each require the other” substitute —
Any party required to provide a statement of case pursuant to paragraph (1) or (3) may in writing require any other party so required
;
v
in paragraph (6) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;
vi
in paragraph (7)(a) after “the appellant” insert “, the Mayor”;
vii
in paragraph (9) after “local planning authority” insert “, the Mayor”, in sub-paragraph (a) for “2” substitute “3” and for “send a copy of the further information received from the local planning authority to the appellant and a copy of the further information received from the appellant to the local planning authority” substitute —
send —
a
copies of the further information received from the appellant and the local planning authority to the Mayor;
b
copies of the further information received from the appellant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the appellant.
;
viii
in paragraph (10) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;
ix
in paragraph (14) after the first reference to “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “, to the appellant and a copy of the written comments received from the appellant to the local planning authority” substitute —
and the Mayor to the appellant and a copy of the written comments received from the Mayor and the appellant to the local planning authority and a copy of the written comments received from the appellant and the local planning authority to the Mayor.
;
x
in paragraph (15)(a) for “3” substitute “4” and after “the local planning authority” insert “the Mayor”;
d
in rule 7 —
i
in paragraph (1) after “the local planning authority” insert “, the Mayor”; and
ii
in paragraph (5) after “from the appellant” insert “, the Mayor”, for “2” substitute “3” and delete all the words after “receipt,” and substitute —
send —
a
copies of the further information received from the appellant and the Mayor to the local planning authority;
b
copies of the further information received from the appellant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the appellant
;
e
in rule 10(2) after “the appellant” insert “, the Mayor”;
f
in rule 11 after paragraph (1)(h) insert —
i
the Mayor in relation to an inquiry arising from an application in respect of which he has given to the local planning authority a direction to refuse the application for planning permission.
;
g
in rule 12 —
i
after paragraph (1)(b) insert —
or
c
the Mayor has given to the local planning authority a direction to refuse the application for planning permission,
; and
ii
after “body concerned” insert “or of the mayor”;
h
in rule 14 —
i
in paragraph (1)(a) after “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “3” substitute “4”; and
ii
in paragraph (1) for “summary to the local planning authority and the appellant” substitute “summary to the local planning authority, the Mayor and the appellant”;
i
in rule 15(1) after “The local planning authority” insert “, the Mayor”;
j
in rule 16(5) after “the local planning authority” insert “, the Mayor”; and
k
in rule 18(4) after “by the appellant” insert “, the Mayor”.
3
Where an inquiry is held into an appeal arising from an application which the local planning authority was required to notify to the Mayor but which is not an appeal falling within paragraph (1), these Rules shall apply as if the Mayor were a statutory party.
Revocation, savings and transitional provisions
25
1
Subject to paragraph (2), the Town and Country Planning Appeals (Determination by Inspectors) (Inquiries Procedure) Rules 1992 are hereby revoked in relation to England.
2
Subject to paragraph (3) any appeal to which the 1992 Rules applied which has not been determined on the date when these Rules come into force, shall be continued under the 1992 Rules.
3
Where a decision of an inspector on an appeal to which the 1992 Rules applied is subsequently quashed in proceedings before any court, the decision shall be re-determined in accordance with the Town and Country Planning (Inquiries Procedure) (England) Rules 2000.
Irvine of Lairg, C.
17th June 2000


text:
1
This Order may be cited as the Double Taxation Relief (Shipping Transport) (Hong Kong) Order 2000.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Hong Kong Special Administrative Region of the People’s Republic of China with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Hong Kong Special Administrative Region; and
b
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) (No. 2) Order 2000 and shall come into force on 25th September 2000.
Establishment of safety zone
2
A safety zone is hereby established around the installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th August 2000


text:
1
This Order may be cited as the Education (Inner London Education Authority) (Property Transfer) (Modification) Order 2000 and shall come into force on 1st January 2001.
2
Conditions A and C specified in article 2(2) of the Education (Inner London Education Authority) (Property Transfer) Order 1990 , subject to which the playing fields and sports centres listed in Schedule 1 to this Order were transferred , shall cease to have effect.
3
The instruments listed in Schedule 2 to this Order shall be revoked to the extent shown in the third column of the Schedule.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
24th November 2000


text:
Citation, commencement and interpretation
2
1
This Order may be cited as the Special Trustees for the Former United Sheffield Hospitals (Transfers of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“the new trustees” means —
in relation to the trust property specified in the schedule of trust property, dated 7th March 2000, prepared by, agreed upon by and signed on behalf of the Special Trustees and the trustees for the Central Sheffield University Hospitals National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 7th March 2000, prepared by, agreed upon by and signed on behalf of the Special Trustees and the trustees for the Community Health Sheffield National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 7th March 2000, prepared by, agreed upon by and signed on behalf of the Special Trustees and the trustees for the Northern General Hospital National Health Service Trust, the trustees for that trust,
in relation to the trust property specified in the schedule of trust property, dated 7th March 2000, prepared by, agreed upon and signed on behalf of the Special Trustees and the trustees for the Sheffield Children’s Hospital National Health Service Trust, the trustees for that trust;
“the Special Trustees” means the Special Trustees for the Former United Sheffield Hospitals;
“the trust property” means —
in relation to the trustees for the Central Sheffield University Hospitals National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Special Trustees and those trustees,
in relation to the trustees for the Community Health Sheffield National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Special Trustees and those trustees,
in relation to the trustees for the Northern General Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Special Trustees and those trustees,
in relation to the trustees for the Sheffield Children’s Hospital National Health Service Trust, the property specified in the aforementioned schedule of trust property signed on behalf of the Special Trustees and those trustees.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the National Health Service trust for which the new trustees are appointed.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2000