text:
PART I
GENERAL
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2001 and comes into force —
a
save as provided for in paragraph (b), on 1st December 2001;
b
for the purposes of article 3, on 1st September 2002.
PART II
AMENDMENTS TO ORDERS MADE UNDER THE ACT
The Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 ( S.I. 2001/1062 )
Arrangements not amounting to collective investment schemes
2
1
The Schedule to the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 (arrangements not amounting to a collective investment scheme) is amended as follows.
2
In paragraph 9 (schemes entered into for commercial purposes related to existing business), for sub-paragraph (1)(a) substitute —
a
carries on a business other than the business of engaging in any regulated activity of the kind specified by any of articles 14, 21, 25, 37, 40, 45, 51 to 53 or, so far as relevant to any of those articles, article 64 of the Regulated Activities Order ;
.
3
For paragraph 18 (funeral plan contracts), substitute —
Funeral plan contracts
18
Arrangements do not amount to a collective investment scheme if they consist of, or are made pursuant to —
a
a funeral plan contract; or
b
a contract which would be a funeral plan contract but for —
i
the proviso to article 59(2) of the Regulated Activities Order, or
ii
the exclusion in article 60 of that Order.
.
4
For paragraph 21 (bodies corporate), substitute —
Bodies corporate etc.
21
1
Subject to sub-paragraph (2), no body incorporated under the law of, or any part of, the United Kingdom relating to building societies or industrial and provident societies or registered under any such law relating to friendly societies, and no other body corporate other than an open-ended investment company, amounts to a collective investment scheme.
2
Sub-paragraph (1) does not apply to any body incorporated as a limited liability partnership.
.
The Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 (S.I. 2001/1227 )
Mortgage activities carried on by members of the professions
3
The Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 is amended as follows —
a
in article 1(3)(b), for “article 4(h)” substitute “article 6A”;
b
in article 4, paragraph (h) is revoked;
c
after article 6 insert —
6A
1
An activity of the kind specified by article 61(1) or (2) of the Regulated Activities Order (regulated mortgage contracts).
2
Paragraph (1) does not apply to an activity carried on by a person in his capacity as a trustee or personal representative where the borrower under the regulated mortgage contract in question is a beneficiary under the trust, will or intestacy.
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (S.I. 2001/1335 )
Financial promotion exemption for appointed representatives
4
1
The Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 is amended as follows.
2
In article 16 (exempt persons), the current text is numbered as paragraph (1) and after that paragraph insert —
2
The financial promotion restriction does not apply to any unsolicited real time communication made by a person (“ AR ”) who is an appointed representative (within the meaning of section 39(2) of the Act ) where —
a
the communication is made by AR in carrying on the business —
i
for which his principal (“ P ”) has accepted responsibility for the purposes of section 39 of the Act; and
ii
in relation to which AR is exempt from the general prohibition by virtue of that section; and
b
the communication is one which, if it were made by P, would comply with any rules made by the Authority under section 145 of the Act (financial promotion rules) which are relevant to a communication of that kind.
Interests in funeral plan contracts
5
In paragraph 27 of Schedule 1 to the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (rights to or interests in investments) after paragraph (2) insert —
2A
Sub-paragraph (1) does not apply to any right or interest acquired as a result of entering into a funeral plan contract (and for this purpose a “funeral plan contract” is a contract of a kind described in paragraph 9(2)(a) and (b)).
The Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (S.I. 2001/2636 )
Persons authorised under the Banking Act 1987
6
In article 11 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (persons authorised under the Banking Act ), after paragraph (3) insert —
4
A person who has a Part IV permission by virtue of paragraph (1) is also to be treated as having, at commencement, a Part IV permission to carry on any regulated activities which he was able, by virtue of section 2(4) of the Insurance Companies Act , to carry on in the United Kingdom without contravening section 2(1) of that Act and which he was, immediately before commencement, so carrying on.
5
A person who has a Part IV permission by virtue of paragraph (1) and who was not, immediately before commencement, authorised under the Financial Services Act , is also to be treated as having, at commencement, a Part IV permission to carry on regulated activities —
a
of the kind specified by article 14 of the Regulated Activities Order (dealing in investments as principal) in so far as it consists of his entering into a transaction of the kind mentioned in article 16 of that Order (dealing in contractually based investments); and
b
of the kind specified by article 64 of that Order (agreeing to carry on specified kinds of activity) in so far as it relates to the activity mentioned in sub-paragraph (a).
Companies authorised under the Insurance Companies Act 1982
7
In article 14 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (companies authorised under the Insurance Companies Act) after paragraph (4) insert —
4A
If a person to whom this article applies was not, immediately before commencement, authorised under the Financial Services Act, any Part IV permission which he is to be treated under this article as having includes permission to carry on regulated activities —
a
of the kind specified by article 14 of the Regulated Activities Order (dealing in investments as principal) in so far as it consists of his entering into a transaction of the kind mentioned in article 16 of that Order (dealing in contractually based investments); and
b
of the kind specified by article 64 of that Order (agreeing to carry on specified kinds of activity) in so far as the activity relates to the activity mentioned in sub-paragraph (a),
in so far as those activities are carried on in connection with or for the purposes of the regulated activities referred to in paragraph (2).
Friendly societies authorised under the Friendly Societies Act 1992
8
In article 19 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (friendly societies: other permissions) after paragraph (2) insert —
2A
Any friendly society which was not, immediately before commencement, authorised under the Financial Services Act is to be treated as having, at commencement a Part IV permission to carry on regulated activities —
a
of the kind specified by article 14 of the Regulated Activities Order (dealing in investments as principal) in so far as it consists of the society entering into a transaction of the kind mentioned in article 16 of that Order (dealing in contractually based investments); and
b
of the kind specified by article 64 of that Order (agreeing to carry on specified kinds of activity) in so far as the activity relates to the activity mentioned in sub-paragraph (a),
in so far as those activities are carried on for or in connection with the regulated activities referred to in article 18(2)(a).
.
Building societies authorised under the Building Societies Act 1986
9
In article 22 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (building societies authorised under the Building Societies Act ), after paragraph (3) insert —
4
A society having a Part IV permission by virtue of paragraph (1) is also to be treated as having, at commencement, a Part IV permission to carry on any regulated activities which it was able, by virtue of section 2(4) of the Insurance Companies Act, to carry on in the United Kingdom without contravening section 2(1) of that Act and which it was, immediately before commencement, so carrying on.
5
A society having a Part IV permission by virtue of paragraph (1) and which was not, immediately before commencement, authorised under the Financial Services Act, is also to be treated as having, at commencement, a Part IV permission to carry on regulated activities —
a
of the kind specified by article 14 of the Regulated Activities Order (dealing in investments as principal) in so far as it consists of the society entering into a transaction of the kind mentioned in article 16 of that Order (dealing in contractually based investments); and
b
of the kind specified by article 64 of that Order (agreeing to carry on specified kinds of activity) in so far as the activity relates to the activity mentioned in sub-paragraph (a).
.
Disqualification directions on the public record
10
In article 79 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 (employment of prohibited persons: disqualification directions), after paragraph (2) insert —
3
Paragraph (4) applies where —
a
a person (“I”) is subject to a prohibition order having effect under paragraph (1); and
b
information about I has been placed on the record maintained in accordance with section 347(1)(g) as required by section 347(2) (“transitional information”).
4
Subsections (5) and (6) of section 347 apply to the record to the extent that it comprises transitional information —
a
as if subsection (5)(a) required the Authority to exclude the transitional information from the record made available for inspection unless —
i
the person seeking to inspect the record has asked the Authority whether I is subject to a prohibition order; or
ii
the Authority is otherwise satisfied that the person has a good reason for seeking to inspect the transitional information;
b
as if subsection (5)(b) required the Authority to exclude the transitional information from any certified copy of the record provided in accordance with that subsection;
c
as if subsection (5)(b) further provided that the Authority may only provide a certified copy of the part of the record containing the transitional information if —
i
the person requesting the copy of that part has asked the Authority whether I is subject to a prohibition order; or
ii
the Authority is otherwise satisfied that the person has good reason for requesting a copy of the part of the record which includes the transitional information;
d
as if subsection (6) did not apply to the record in so far as it contains the transitional information.
5
Paragraph (4) applies to transitional information until 18 January 2002 or, if on or before that date, I applies to the Authority under section 58 for the revocation of the prohibition order, then until that application is determined and there is no possibility (or no further possibility) of the determination being reversed or varied on a reference to the Tribunal or an appeal.
The Financial Services and Markets Act 2000 (Transitional Provisions) (Controllers) Order 2001 (S.I. 2001/2637 )
Definition of “the Regulator”
11
In article 2(1) of the Financial Services and Markets Act 2000 (Transitional Provisions) (Controllers) Order 2001 (definitions) after paragraph (c) of the definition of “the Regulator” insert —
d
in relation to each of the provisions mentioned in sub-paragraph (e), (f) or (g) of article 5(6), the body mentioned in that sub-paragraph.
Controller approved by self-regulating organisation before commencement
12
In article 5 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Controllers) Order 2001 (approval given before commencement) after sub-paragraph (d) of paragraph (6) insert —
e
rule 6.1(4) of the rules of the Personal Investment Authority Limited;
f
rule 2-23A(1) of the rules of the Securities and Futures Authority Limited;
g
rule 2.1 of Chapter IV of the rules of the Investment Management Regulatory Organisation Limited.
PART III
MISCELLANEOUS PROVISION
Interpretation
13
1
In this Part —
“the 2BCD Regulations ” means the Banking Coordination (Second Council Directive) Regulations 1992 ;
“the Act” means the Financial Services and Markets Act 2000;
“the Authorised Persons Order ” means the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc.) Order 2001 ;
“the Banking Act” means the Banking Act 1987 ;
“the Building Societies Act” means the Building Societies Act 1986 ;
“commencement” means the beginning of 1 December 2001;
“the Financial Services Act” means the Financial Services Act 1986 ;
“the Friendly Societies Act ” means the Friendly Societies Act 1992 ;
“the Insurance Companies Act” means the Insurance Companies Act 1982 ;
“the ISD Regulations ” means the Investment Services Regulations 1995 .
2
In this Part, any reference to a section or Schedule is, unless the context otherwise requires, a reference to that section of or Schedule to the Act.
Winding up of persons previously authorised under the Financial Services Act etc.
14
1
This article applies in the case of a body of a kind mentioned in section 367(1) (winding-up petitions) which was, immediately before commencement, an authorised person or appointed representative (in each case within the meaning of the Financial Services Act) to whom section 72(1) of that Act applied.
2
In such a case, subsection (5) of section 367 has effect as if it provided for “agreement” to include (in addition to such an agreement as is mentioned in that subsection) any investment agreement, within the meaning of the Financial Services Act.
Winding up of persons previously authorised under the Banking Act
15
1
This article applies in the case of a body of a kind mentioned in section 367(1) which was, immediately before commencement, an authorised institution within the meaning of the Banking Act.
2
Such a body is to be treated for the purpose of section 367(3)(a) as unable to pay its debts if it is in default on an obligation to pay a sum due and payable in respect of a deposit.
3
In paragraph (2), “deposit” has the meaning given by section 5 of the Banking Act except that it includes any sum which would otherwise be excluded from that meaning by paragraph (a), (b) or (e) of subsection (3) of that section.
4
This article does not affect the application of section 367(4) and (5).
The Rehabilitation of Offenders Act 1974
16
1
Notwithstanding —
a
any repeal of section 189 of, or Part I of Schedule 14 to, the Financial Services Act ;
b
any repeal of section 95(2) of the Banking Act ;
c
any amendment or revocation of article 5(2) of, or paragraph 8 of Schedule 3 to, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 which comes into force on or after commencement,
those provisions continue to have effect in relation to any proceedings which are specified in those provisions, whether or not those proceedings have been initiated before commencement, as if they had not been repealed, amended or revoked (as the case may be).
2
In paragraph (1), “proceedings” means proceedings before a judicial authority within the meaning of section 4(6) of the Rehabilitation of Offenders Act 1974 .
Disqualification of members of the Financial Services Tribunal
17
Notwithstanding —
a
paragraphs 1(a), 2(a) and 7(3)(a) of Schedule 20 (which omit provisions in the House of Commons Disqualifications Act 1975 , the Northern Ireland Assembly Disqualification Act 1975 and the Judicial Pensions and Retirement Act 1993 relating to the Financial Services Tribunal), and
b
the corresponding repeals in Schedule 22,
the provisions so omitted continue to have effect for so long as the Financial Services Tribunal continues to have functions conferred by or under any enactment.
Duty of auditors to communicate matters to the Authority
18
1
Nothwithstanding any repeal of the enactments specified by paragraph (2), those enactments, and any rules, regulations or orders made under those enactments in force immediately before commencement, continue to have effect in relation to any matter of which an auditor becomes aware in his capacity as an auditor that relates to things done (or not done) before commencement, subject to the modifications in paragraph (4) and, where relevant, paragraph (3).
2
The enactments specified by this paragraph are —
a
section 109 of the Financial Services Act (communication by auditor with Authority), to the extent that it relates to the obligation to communicate a matter;
b
section 47 of the Banking Act (communication by auditor with the Authority), to the extent that it relates to the obligation to communicate a matter;
c
section 21A of the Insurance Companies Act (communication by auditor), to the extent that it relates to the obligation to communicate a matter;
d
section 82(8) to (11) of the Building Societies Act (auditors' duties to Commission), to the extent that it relates to the obligation to furnish information; and
e
section 79(8) to (11) of the Friendly Societies Act (auditors' duties to Commission), to the extent that it relates to the obligation to furnish information.
3
For each reference to the Secretary of State, the Treasury, the Building Societies Commission or the Friendly Societies Commission, there is substituted a reference to the Authority (and so any communication made pursuant to those enactments must be made to the Authority).
4
Where an enactment specified by paragraph (2) refers to an auditor of a person (“A”) who has a particular status, that enactment applies after commencement as if that reference was to A having that status immediately before commencement.
Reports under the Financial Services Act and the Banking Act
19
1
The first report of the Authority made under paragraph 10(1) of Schedule 1 must include the last Financial Services Act report and the last Banking Act report.
2
The “last Financial Services Act report” is the report, in respect of the year during which commencement occurs, which the Authority would be required by section 117(1) of the Financial Services Act to make, but for the repeal of that section.
3
The “last Banking Act report” is a report on the Authority’s activities under the Banking Act during the financial year (within the meaning of section 1(3) of that Act) during which commencement occurs.
Report under the Insurance Companies Act
20
1
Notwithstanding any repeal of section 98 of the Insurance Companies Act (annual report by the Treasury), the Treasury must, when they lay the first copy of the Authority’s annual report in accordance with paragraph 10(3) of Schedule 1, lay before Parliament a general report of matters within the Insurance Companies Act that covers the relevant period.
2
In paragraph (1), the relevant period is the period from (but not including) the last day of the period to which the last report under section 98 of the Insurance Companies Act related to commencement.
Transfer of property, rights and liabilities
21
1
The Authority must make a scheme under this article for the transfer to it of such of the property, rights and liabilities of each transferor body as appear to the Authority appropriate to be so transferred as a consequence of the Act coming into force.
2
Provided that the transferor body notifies the Authority of its agreement to the Scheme, the property, rights and liabilities of the transferor body to which a scheme under this article relates, shall on the date specified by the scheme (or, if different dates are specified in the scheme in relation to different property, rights or liabilities, on the relevant date specified by the scheme), by virtue of this article and without further assurance, be transferred to and vested in the Authority in accordance with the provisions of the scheme.
3
The property, rights and liabilities capable of being transferred in accordance with a scheme under this article may include property, rights and liabilities that would not otherwise be capable of being transferred or assigned by the transferor body.
4
A scheme made under this article may make such supplemental, consequential and transitional provision for the purposes of, or in connection with, any transfer of property, rights or liabilities for which the scheme provides or in connection with such other provisions contained in the scheme as the Authority considers appropriate.
5
Each of the following is a “transferor body” for the purposes of this article —
a
the Personal Investment Authority Limited;
b
the Investment Management Regulatory Organisation Limited;
c
the Securities and Futures Authority Limited.
Transfer of liabilities
22
1
Notwithstanding any term of any scheme made under article 21 any liability incurred by a transferor body as a result of an act or omission occurring before commencement is to be treated on and after commencement as a liability of the Authority.
2
The reference to liabilities in paragraph (1) and in article 21 does not include any liability transferred as a result of article 17 of the Financial Services and Markets Act 2000 (Transitional Provisions) (Ombudsman Scheme and Complaints Scheme) Order 2001 .
Legal proceedings
23
1
If, at commencement, a transferor body is a party to any legal proceedings the Authority is substituted for the transferor body in those proceedings.
2
Where legal proceedings for an injunction commenced under a provision of the Financial Services Act or the Banking Act are concluded on or after commencement, the court may, instead of granting an injunction restraining a contravention of the kind mentioned in that provision, grant an injunction restraining (or in Scotland, an interdict prohibiting) such conduct as the court considers appropriate, having regard to any provision made by or under the Act.
3
For the purposes of this article, “transferor body” has the same meaning as in article 21.
Exemption from liability in damages
24
1
Notwithstanding their repeal, the provisions mentioned in paragraph (2) continue to have effect —
a
in relation to things done or omitted to be done before commencement, and
b
in relation to anything done on or after commencement for the purposes of or in connection with any proceedings arising from anything done or omitted to be done before commencement.
2
The provisions mentioned in this paragraph are —
a
section 1(4) of the Banking Act (immunity in relation to things done or omitted in discharge of functions);
b
section 43(5) of the Financial Services Act (listed money market institutions) ;
c
section 187 of the Financial Services Act (exemption from liability for damages) (including as extended in relation to the Authority by regulation 56(1) of the ISD Regulations and in relation to the recognised self-regulating organisations by regulation 30 of the ISD Regulations);
d
section 171(6A) of the Companies Act 1989 (certain money market institutions).
3
Notwithstanding the revocation of the Financial Markets and Insolvency (Money Market) Regulations 1995 , regulation 29 of those Regulations continues to have effect to the extent provided for by paragraph 20(5) of Schedule 1 to the Bank of England Act 1998 (Consequential Amendments to Subordinate Legislation) Order 1998 .
4
The reference in paragraph (2)(a) to section 1(4) of the Banking Act is a reference to that provision —
a
as amended by paragraph 2 of Schedule 5 to the Bank of England Act 1998;
b
as continued in effect without those amendments by paragraph 1 of Schedule 8 to that Act (but as if the references in paragraphs (1) above to “commencement” were to 1st June 1998); and
c
as extended by paragraph 2 of Schedule 8 to the 2BCD Regulations.
5
The Authority may rely on section 187(1) of the Financial Services Act in relation to any liability transferred to it by virtue of paragraph (1) of article 22 or of article 21 to the same extent as the transferor body from which the liability was transferred could have relied on it before commencement in relation to that liability.
6
For the avoidance of doubt, the Authority’s functions for the purposes of paragraph 19 of Schedule 1 (exemption from liability in damages) include any functions exercisable by the Authority after commencement as a result of any saving made by or under the Act from the effect of any repeal or revocation so made.
Fees for the exercise of certain Authority functions
25
1
For the purposes of paragraph 17 of Schedule 1 (fees) the following are to be treated as functions of the Authority under the Act —
a
the Authority’s functions under —
i
the Financial Services Act (other than Part IV of that Act);
ii
the Banking Act;
iii
the 2BCD Regulations;
iv
the ISD Regulations,
with respect to which the Authority incurs expenditure after commencement;
b
any function exercisable by the Authority after commencement as a result of any saving made by or under the Act from the effect of any repeal or revocation so made.
2
For the purposes of paragraph 17 of Schedule 1, expenditure incurred in meeting a liability transferred to the Authority by virtue of paragraph (1) of article 22 or of article 21 is to be treated as having been incurred in connection with the discharge by the Authority of functions under the Act.
3
For the purposes of section 99(2), expenditure incurred in meeting a liability arising from the exercise by the Authority of its functions as the competent authority under Part IV of the Financial Services Act is to be treated as having been incurred in carrying out its functions as competent authority under Part VI of the Act.
Fees under the Insurance Companies Act
26
1
Any relevant authorised person who has not paid the final Insurance Companies Act fee must, by or on his final day, pay to the Authority his relevant pre-commencement fee.
2
By 26th April 2002 —
a
the Authority must inform the Treasury of the amount which it has received pursuant to paragraph (1) (“X”); and
b
the Treasury must inform the Authority of the amount which they received before commencement as fees under the 2001 Fees Order (“Y”).
3
On or before 31st December 2002 —
a
if two-thirds of X exceeds one third of Y, the Authority must pay the difference to the Treasury;
b
if one third of Y exceeds two thirds of X, the Treasury must pay the difference to the Authority.
4
Any sum received by the Treasury under paragraph (3) must be paid into the Consolidated Fund.
5
In this article —
“the 2001 Fees Order” means the Insurance (Fees) Order 2001 ;
“final day”, in relation to any person, means the day by which that person would have been required to deposit documents with the Treasury under section 22(1) of the Insurance Companies Act, but for the repeal of that Act;
“relevant authorised person” means an authorised person who was, immediately before commencement, authorised under section 3 or 4 of the Insurance Companies Act but was not an EC company (as defined by that Act);
“relevant pre-commencement fee”, in relation to any person, means the amount which, had he deposited documents under section 22(1) of the Insurance Companies Act immediately before commencement, he would have been obliged to pay to the Treasury as a fee under the 2001 Fees Order.
6
For the purposes of this article, a person has paid the final Insurance Companies Act fee if he has, before commencement, paid to the Treasury a fee under the 2001 Fees Order.
7
This article applies notwithstanding any repeal of section 94A of the Insurance Companies Act or any revocation of the 2001 Fees Order.
Fees in respect of the existing deficit
27
1
Before 30th April 2002 the Treasury must inform the Authority of an amount (“the relevant amount”), which must not exceed the existing deficit, for the purposes of this article.
2
The Authority must make rules providing for the payment to it in the transitional period by authorised persons who have Part IV permission to effect and carry out contracts of insurance of such fees as it considers will enable it to repay the relevant amount to the Treasury.
3
In making rules under paragraphs (2) for the first year of the transitional period, the Authority must have regard to the object of securing (so far as practicable) that the amount of fees payable in that year is equal to one half of the relevant amount.
4
On each of 31st July 2003 and 31st July 2004, the Authority must pay to the Treasury the sums that it has received by virtue of rules made under paragraph (2) in the relevant period which expires immediately before that date.
5
Any sums received by the Treasury pursuant to this article must be paid into the Consolidated Fund.
6
Nothing in this article affects the Authority’s power to make rules under paragraph 17 of Schedule 1 (fees).
7
In this article —
“the existing deficit” means the cost incurred by the Treasury in exercising functions which were, when they were exercised, relevant functions for the purposes of subsection (6) of section 94A of the Insurance Companies Act, less the amount that the Treasury received before commencement as fees by virtue of orders made under that section and any amount that the Treasury receive (or are to receive) by virtue of article 26(3);
“the relevant period” is the period running from 1st July in one year to 30th June in the next year;
“transitional period” means the period from 1st July 2002 to 30th June 2004.
The Contracting Out Order
28
1
The Contracting Out (Functions in Relation to Insurance) Order 1998 is revoked.
2
Notwithstanding paragraph (1), any contract made between the Treasury and the Authority that relates to the exercise of functions listed in the Schedule to that Order which is subsisting immediately before commencement, continues to have effect on and after commencement, to the extent that it relates to matters ancillary to the exercise of those functions including —
a
payment; and
b
retention and inspection of documents.
3
Any obligation of the Authority under such a contract which continues to have effect after commencement is to be treated as a function conferred on the Authority by or under a provision of the Act for the purposes of Schedule 1.
4
The Authority must comply in a reasonable time with any direction that the Treasury give to it that relates to the conduct of relevant litigation or the handling of any proposal to initiate such litigation.
5
In paragraph (4), “relevant litigation” means any litigation that arises from or relates to the exercise of the functions listed in the Schedule to that Order by the Authority, whether or not the Authority is or the Treasury are a party.
Correction of scope of permission notices as a result of this Order
29
1
This article applies where —
a
the Authority has sent before commencement a scope of permission notice under article 55 of the Authorised Persons Order to a person who has a permission conferred on him at commencement as a result of article 6, 7, 8 or 9;
b
that person has before commencement notified the Authority in accordance with article 56(1)(a) of that Order that he agrees with the matters stated in the notice;
c
the Authority has, before commencement, sent to the person a notice (“revision notice”) revising the scope of permission notice so that it includes the permission conferred on the person as a result of article 6, 7, 8 or 9 (as the case may be).
2
In a case where this article applies, if the person has not, before commencement, notified the Authority that it objects to the revision notice, then article 57(1) of the Authorised Persons Order applies to the scope of permission notice as revised by the revision notice.
3
If the person has notified the Authority before commencement that it objects to the revision notice then article 57(1) of the Authorised Persons Order applies as if the revision notice had not been sent.
Correction of scope of permission notices for PIA firms
30
1
This article applies where —
a
the Authority has sent, before commencement, a scope of permission notice under article 55 of the Authorised Persons Order to a person who, at the time the notice was sent, was a member of the Personal Investment Authority Limited;
b
that person has before commencement notified the Authority in accordance with article 56(1)(a) of that Order that he agrees with the matters stated in the notice;
c
the scope of permission notice thereby agreed purported to provide for the person to have a permission to agree to carry on all regulated activities so far as carried on in respect of an investment of the kind specified by article 76 of the Regulated Activities Order (shares etc.) and in relation to an “intermediate customer”;
d
the Authority has, before commencement, sent to the firm a notice (“a revision notice”) revising the scope of permission notice so that it states that the person has permission to agree to carry on any regulated activity which the scope of permission notice states that he has a Part IV permission to carry on (in so far as agreeing to carry on that activity itself constitutes, by virtue of article 64 of the Regulated Activities Order, a regulated activity).
2
In a case where this article applies, if the person has not, before commencement, notified the Authority that it objects to the revision notice, then article 57(1) of the Authorised Persons Order applies to the scope of permission notice as revised by the revision notice.
3
If the person has notified the Authority before commencement that it objects to the revision notice then article 57(1) of the Authorised Persons Order applies as if the revision notice had not been sent.
4
For the purpose of this article “the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
John Heppell
Tony McNulty
Two of the Lords Commissioners of her Majesty’s Treasury
9th November 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Curfew Condition (Responsible Officer) (Amendment) Order 2001 and shall come into force at 7.00 p.m. on 1st October 2001.
Amendment of the Curfew Condition (Responsible Officer) Order 1999
2
1
In article 5 of the Curfew Condition (Responsible Officer) Order 1999 , for the text from “ GSSC ” to the end there is substituted “Reliance Secure Task Management Limited of Boundary House, Cricketfield Road, Uxbridge, Middlesex UB8 1QG”.
2
In the heading to Schedule 3 to that Order, for “GSSC OF EUROPE LIMITED” there is substituted “RELIANCE SECURE TASK MANAGEMENT LIMITED”.
Keith Bradley
Minister of State
Home Office
1st October 2001, 6.00 p.m.


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment (No. 2) Regulations 2001 and shall come into force on 6th August 2001.
2
These Regulations extend to England only.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 3 of the National Health Service (Dental Charges) Regulations 1989 (charges for other dental services), paragraph (2)(e), for “or 13(2)” substitute “, 13(2) or 17(4)”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
3rd August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Graduated Vehicle Excise Duty (Prescribed Types of Fuel) Regulations 2001 and shall come into force on 15th February 2001.
Interpretation
2
In these Regulations —
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994;
“Condition A” means the Condition A specified in paragraph 1C(2) of Part 1A of Schedule 1 to the 1994 Act;
“diesel” means any diesel fuel within the definition in Article 2 of Directive 98/70/EC ;
“Directive 98/70/EC” means Directive 98/70/ EC of the European Parliament and of the Council of 13th October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/ EEC ;
“petrol” has the meaning given by Article 2 of Directive 98/70/EC;
“road fuel gas” has the meaning given by section 168AB(3) of the Income and Corporation Taxes Act 1988 .
Prescribed types of fuel
3
A vehicle is propelled by a prescribed type of fuel, or is capable of being propelled by a number of prescribed types of fuel, for the purposes of Condition A if it is —
a
propelled by road fuel gas; or
b
capable of being propelled by —
i
petrol and road fuel gas; or
ii
electricity and either petrol or diesel.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
17th January 2001
We consent to the making of these Regulations
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
18th January 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2001 and shall come into force on 22nd March 2001.
2
These Regulations shall apply only in relation to England and except for regulation 3, only in relation to budget statements prepared for the financial year beginning on 1st April 2001.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Budget Statements Regulations ” means the Education (Budget Statements) (England) Regulations 2000 ;
“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 ;
“allocation formula” means the authority ’s formula under regulation 10 of the 2001 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“Class Size grant” means grant paid in accordance with section 3 of the 1998 Act;
“budget statement” means the statement referred to in section 52 (1) of the 1998 Act;
“ DfEE number” means the reference number allocated to a school by the Department for Education and Employment;
“Education Budget Support Grant” means the grant known as Education Budget Support Grant paid in accordance with section 88B of the Local Government Finance Act 1988 ;
“factor”means one of the factors or criteria taken into account in the allocation formula;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LEA number” means the reference number allocated to an authority by the Department for Education and Employment;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“school” means a maintained school;
“School Standards Grant” means the grant known as School Standards Grant paid in accordance with section 88B of the Local Government Finance Act 1988, which in the case of primary, secondary and special schools is paid on condition that it is appropriated to the ISB;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“Standards Fund grant” means grant paid under section 484 of the 1996 Act together with the authority’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“version number” means a number which distinguishes a particular form submitted by the authority from earlier versions of that form prepared by them.
2
In these Regulations, unless the context otherwise requires —
a
references to primary or secondary schools do not include special schools; and
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (5) or any adjustment under paragraph (6) of regulation 11 of the 2001 Regulations.
3
The following table shows provisions of the 1996 Act or the 1998 Act defining or otherwise explaining expressions used in these Regulations —
financial year section 579(1) of the 1996 Act scheme section 48(1) of the 1998 Act school’s budget share section 47(1) of the 1998 Act
4
Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
Prescribed form of, and information to be contained in, budget statements
3
1
A budget statement shall be prepared in four parts, and shall contain the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows —
a
Part I shall be in the form prescribed in Schedule 1 and shall contain the information, relating to the authority’s planned expenditure for the financial year to which the budget statement relates, specified in the notes to Part 1 in Schedule 1;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information, with respect to the authority’s planned expenditure for each school for the financial year to which the budget statement relates, specified in the notes to Part 2 in Schedule 2;
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information with respect to the authority’s allocation formula specified in the notes to Part 3 in Schedule 3; and
d
Part 4 shall contain the information with respect to the budget share of each school for the financial year to which the budget statement relates specified in Schedule 4.
2
The following information must appear at the top of each of Parts 1 to 4 of a budget statement —
a
the financial year to which the budget statement relates;
b
the authority’s name;
c
the authority’s LEA number;
d
the authority’s E-mail address;
e
the name of a person who can deal with queries in relation to the completed form;
f
that person’s telephone number;
g
the version number; and
h
the date that the form was completed.
3
Where a person is carrying out functions on behalf of an authority then the authority shall include information in Parts 1 to 4 of the budget statement as if expenditure by that person in carrying out those functions were expenditure by the authority.
Prescribed manner and time of publication of budget statements
4
For the purposes of section 52(3)(b) of the 1998 Act, every budget statement shall be published by —
a
supplying copies to the Secretary of State for Education and Employment in accordance with regulation 5; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
5
1
Three copies of Parts 1 to 3 and two copies of Part 4 of the budget statement shall be supplied to the Secretary of State for Education and Employment in paper form and one copy in the form of machine readable data by E-mail or on a floppy disc provided for that purpose by the Secretary of State.
2
The font size used must be not less than 7pt and there must be no shading nor colouring of cells.
3
Any computer language or software used to supply tables must be one which the Secretary of State for Education and Employment has notified to the authority.
6
1
A budget statement shall be published before the beginning of the financial year to which it relates.
2
A budget statement may not be revised during the financial year to which it relates other than to correct errors in the statement as previously published.
3
A revised budget statement shall be subject to regulations 3,4, 5, 6(2) and 7.
7
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1, 2 and 3 of the budget statement and with a copy of that part of Part 4 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the authority shall furnish them with a complete copy of Part 4 of the budget statement.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd February 2001


text:
1
These Regulations may be cited as the Education (Induction Arrangements for School Teachers) (Consolidation) (England) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.
2
The Education (Induction Arrangements for School Teachers) (Consolidation) (England) Regulations 2001 shall be amended as follows.
3
In regulation 12, “16, 16A or” shall be substituted for “16 or”.
4
In regulation 16, sub-paragraph (5)(a)(v) shall be deleted.
5
The following regulation shall be inserted after regulation 16 —
Extended induction period for qualified teachers who have yet to pass the numeracy skills test
16A
1
This regulation shall apply in the case of a teacher who qualified between 1st May 2000 and 30th April 2001 and who has —
a
completed an induction period or an extended induction period under regulation 16(3); and
b
achieved the induction standards mentioned in regulation 15 save that, on 1st January 2002, he has yet to pass the numeracy skills test.
2
The appropriate body shall not take any decision pursuant to regulation 16(3) in respect of such a person.
3
The appropriate body shall notify the General Teaching Council for England of the persons to whom this regulation applies as soon as practicable after 1st January 2002.
4
The induction period of a person to whom this regulation applies shall be extended in accordance with paragraph (5).
5
The period of extension shall begin on the first school day after 1st January 2002 and shall end on the last school day before 31st August 2002 or if earlier on the date when the person passes the numeracy skills test.
6
A person who serves an induction period extended by virtue of this regulation shall give written notification to the General Teaching Council for England when he passes numeracy skills test.
7
Regulations 8, 10 and 12 to 15 apply in relation to a person serving an induction period extended by virtue of this regulation.
8
Notification under paragraph (3) and (6) may be given by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and notification sent by such method shall be regarded as given when it is received in legible form.
9
In this regulation, the “numeracy skills test” means the numeracy test for the time being determined by the Secretary of State as an induction standard under regulation 15 and applicable in the case of the teacher.
.
6
The following regulation shall be inserted after regulation 18 —
Satisfactory completion of induction for qualified teachers passing the numeracy skills test after 31st August 2002.
18A
1
This regulation shall apply in the case of a teacher who qualified between 1st May 2000 and 30th April 2001 and who has —
a
completed an induction period or an extended induction period under regulation 16 or 16A; and
b
achieved the induction standards mentioned in regulation 15 save that —
i
on 31st August 2002, or
ii
if later, at the end of his induction period under (a),
he has yet to pass the numeracy skills test.
2
The appropriate body shall not take any decision pursuant to regulation 16(3) in respect of such a person.
3
The appropriate body shall notify the General Teaching Council for England of the persons to whom this regulation applies as soon as practicable after 31st August 2002.
4
The employer of a person to whom this regulation applies shall secure the termination of his employment as a teacher so that the termination takes effect on completion of his induction period or extended induction period.
5
A person to whom this regulation applies shall not be employed as a teacher in a relevant school under paragraph 4 of Schedule 2.
6
The induction period of a person to whom this regulation applies shall be satisfactorily completed when he passes the numeracy skills test.
7
A person to whom this regulation applies shall give written notification to the General Teaching Council for England when he passes the numeracy skills test.
8
Notification under paragraphs (3) and (7) may be given by facsimile, electronic mail or other similar means which are capable of producing a document containing the text of the communication, and notification sent by such method shall be regarded as given when it is received in legible form.
9
In this regulation the “numeracy skills test” has the same meaning as in regulation 16A.
.
Stephen Timms
Minister of State,
Department for Education and Skills
6th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Suffolk Coastal (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
For the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Suffolk Coastal;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Suffolk Coastal (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Suffolk Coastal
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Suffolk Coastal
3
1
The ordinary elections of all councillors of the district of Suffolk Coastal shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Felixstowe
4
1
The existing wards of the parish of Felixstowe shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Felixstowe East, Felixstowe North, Felixstowe South, Felixstowe South East and Felixstowe West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each of the parish wards of Felixstowe East, Felixstowe North, Felixstowe South and Felixstowe South East shall be three and for the parish ward of Felixstowe West shall be four.
Wards of the parish of Kesgrave
5
1
The parish of Kesgrave shall be divided into two parish wards which shall bear the names Kesgrave East and Kesgrave West; the parish ward of Kesgrave West shall comprise the area of the district ward of the same name, and the Kesgrave East parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for the parish ward of Kesgrave East shall be nine and for the parish ward of Kesgrave West shall be six.
Wards of the parish of Martlesham
6
The parish of Martlesham shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Woodbridge
7
1
The existing wards of the parish of Woodbridge shall be abolished.
2
The parish of Woodbridge shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be four.
Revocation
8
The District of Suffolk Coastal (Electoral Arrangements) Order 1980 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001 and shall come into force on 25th April 2001.
2
These Regulations shall apply to England only.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1985 Regulations ” means the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 ;
“emergency licence” means an emergency licence issued under regulation 3(1);
“ the Minister ” means the Minister of Agriculture, Fisheries and Food; and
“outbreak of foot-and-mouth disease” means a period during which one or more areas within Great Britain are declared to be infected or controlled areas for the purposes of the Foot-and-Mouth Disease Order 1983 .
Power to issue emergency licences during outbreaks of foot-and-mouth disease
3
1
During an outbreak of foot-and-mouth disease, the Minister may issue emergency licences for the purposes of these Regulations.
2
An emergency licence —
a
may be general or specific; and
b
may be made subject to such conditions and exclusions as the Minister may think fit.
3
The Minister may modify, suspend or revoke any emergency licence at any time either —
a
in the case of a general licence, by giving notice in such manner as he may think fit; or
b
in the case of a specific licence, by giving notice in writing to the holder of the licence.
4
An emergency licence shall automatically expire 2 months after the end of the outbreak of foot-and-mouth disease during which it is issued.
Effect of an emergency licence
4
An emergency licence may authorise the licensee to do anything specified in the licence that would otherwise be prohibited by any provision of the 1985 Regulations, subject to any conditions and exclusions specified in the licence.
Provision of information etc.
5
No person shall make any statement or provide any information for the purpose of obtaining an emergency licence unless he reasonably believes the information or statement to be true.
Amendment to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985
6
1
The 1985 Regulations shall be amended in accordance with the following paragraph.
2
In regulation 4 (application of regulations), immediately following paragraph (3), there shall be inserted the following paragraph —
3A
These regulations shall not apply to anything done in accordance with an emergency licence issued under the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001 .
.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
20th April 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 9) Order 2001.
2
In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.
Appointed days
2
The day appointed for the coming into force of —
a
section 55 (prohibition on occupational pension schemes having different rules for overseas residents, etc. ), is 23rd July 2001;
b
Part II of Schedule 5 (alternative to anti-franking rules), so far as not already brought into force, and section 56 so far as it relates to that Part, is 6th April 2002;
c
section 70 (grants towards cost of discretionary housing payments) —
i
for the purpose of authorising the making of an order under that section, is 26th June 2001, and
ii
for all other purposes, is 2nd July 2001; and
d
section 71 (recovery of housing benefit), so far as not already brought into force, is 1st October 2001.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the New Deal (Lone Parents) (Miscellaneous Provisions) Order 2001 and shall come into force on 13th September 2001.
2
In this Order —
“the New Deal for Lone Parents” means the arrangements known by that name and made under section 2 of the 1973 Act for which only persons who are lone parents are eligible and which are designed to help participants to obtain work or to improve their prospects of obtaining work;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child or young person;
“the self-employment route” means receiving assistance in pursuing self-employed earner’s employment whilst participating in the New Deal for Lone Parents.
Treatment of payments for the purposes of the Social Security Contributions and Benefits Act 1992, the Jobseekers Act 1995 and specified subordinate legislation
2
1
The provisions of this article apply for the purposes of —
a
Part I of the Social Security Contributions and Benefits Act 1992 ;
b
the Jobseekers Act 1995 ; and
c
the subordinate legislation specified in the Schedule to this Order.
2
If during any period or periods commencing with or falling after the date on which this Order comes into force a person is participating in the New Deal for Lone Parents within the self-employment route and that person receives, or is eligible to receive, either a top-up payment or other payment made to him in order to assist with the expenses of participation, any such payments made to such a person during that period or those periods in connection with his use of those facilities shall be treated —
a
for the purposes of regulation 6(1)(d) of the Income Support (General) Regulations 1987 , as a training allowance;
b
for all other purposes, as a training premium.
Alistair Darling
Secretary of State for Work and Pensions
15th August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Billericay, Brentwood and Wickford Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th March 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Billericay, Brentwood and Wickford Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Billericay, Brentwood and Wickford Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive, Director of Primary Care and Service Development and the Director of Resources of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
The South Essex Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
1
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
2
The South Essex Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The South Essex Mental Health and Community Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
4
The BHB Community Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under-Secretary of State,
Department of Health
5th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Bedfordshire (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
Articles 4 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
5
In this Order —
“district” means the district of South Bedfordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to “the map” is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of South Bedfordshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of South Bedfordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-three wards, which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of South Bedfordshire
3
1
Subject to the following provisions of this article, the election of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Great Billington
4
The parish of Great Billington shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Dunstable
5
1
The existing wards of the parish of Dunstable shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Chiltern, Dunstable Central, Icknield, Manshead, Northfields and Watling; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Chiltern, Dunstable Central and Manshead parish wards shall be three and for each of the Icknield, Northfields and Watling parish wards shall be four.
Wards of the Parish of Houghton Regis
6
1
The existing wards of the parish of Houghton Regis shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Houghton Hall, Parkside and Tithe Farm; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Parkside and Tithe Farm parish wards shall be four and for the Houghton Hall parish ward shall be six.
Wards of the parish of Leighton-Linslade
7
1
The existing wards of the parish of Leighton-Linslade shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names All Saints, Grovebury, Linslade, Planets, Plantation and Southcott; the parish wards of All Saints, Linslade, Planets, Plantation and Southcott shall be coterminous with the district wards of the same name, and the Grovebury parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each of the All Saints, Grovebury, Linslade and Planets parish wards shall be three, and for the Plantation and Southcott parish wards shall be four.
Parish Elections
8
1
Elections of all parish councillors for the parishes of Caddington, Eaton Bray and Hyde shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
Elections of all parish councillors for the parishes of Chalgrave and Eggington shall be held simultaneously on the ordinary day of election of councillors in 2002, 2004 and every fourth year after 2004.
3
The ordinary elections of parish councillors for the parishes of Hockliffe, Studham and Whipsnade in 2002 shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
4
Elections of all parish councillors for the parishes of Great Billington, Chalton, Stanbridge, Streatley, Sundon, Tilsworth, Toddington and Totternhoe shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
5
The ordinary elections of parish councillors for the parish of Slip End in 2005 shall not take place; and any such parish councillor holding office immediately before 5th May 2005 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2006.
6
Elections of all parish councillors for the parishes of Hockliffe, Studham and Whipsnade shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
7
Elections of all parish councillors for the parish of Slip End shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
8
The term of office of every councillor elected, in accordance with the provisions of paragraph (2), in 2002, shall be two years; and each such councillor shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
9
The term of office of parish councillors elected in accordance with any of paragraphs (1), (4), (6) and (7) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
10
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parishes of Hockliffe, Studham and Whipsnade as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
11
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2006 in the office of a parish councillor for the parish of Slip End as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2006.
Revocation
9
The District of South Bedfordshire (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the Housing (Right to Acquire) (Electronic Communications) (England) Order 2001 and shall come into force on 24th October 2001.
2
This Order extends to England only .
Electronic notifications that dwelling provided by means of social housing grant
2
In section 16 of the Housing Act 1996 (right of tenant to acquire dwelling), at the end add the following subsections —
5
But notice must be taken to be given to a registered social landlord under subsection (4) by the Housing Corporation if it is sent using electronic communications to such number or address as the registered social landlord has for the time being notified to the Housing Corporation for that purpose.
6
The means by which notice is sent by virtue of subsection (5) must be such as to enable the registered social landlord to reproduce the notice by electronic means in a form which is visible and legible.
7
An electronic communication is a communication transmitted (whether from one person to another, from one device to another, or from a person to a device or vice versa) —
a
by means of a telecommunications system (within the meaning of the Telecommunications Act 1984 ; or
b
by other means but while in an electronic form.
Signed by the authority of the Secretary of State.
Sally Keeble
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
26th September 2001


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


text:
Citation and commencement
1
These Regulations may be cited as the Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft for Eurocontrol) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“aircraft documents” has the meaning given by section 88(10) of the Civil Aviation Act 1982 ;
“airport charges” means charges payable to the owner or manager of an aerodrome for the use of, or for services provided at, an aerodrome but does not include charges payable by virtue of section 73 of the Transport Act 2000;
“authorised person” means —
any constable; and
any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases pursuant to paragraph 15 of Schedule 1 to the Civil Aviation Act 1982;
“the court” means as respects England, Wales and Northern Ireland, the High Court and, as respects Scotland, the Court of Session; and
“Eurocontrol” has the meaning given by section 24 of the Civil Aviation Act 1982 .
Detention and sale of aircraft for unpaid charges
3
Where default is made in the payment to Eurocontrol of charges payable in respect of any aircraft by virtue of section 73(1) of the Transport Act 2000 the CAA may, with the consent of Eurocontrol, act on behalf of Eurocontrol in accordance with the provisions of regulations 4 to 7.
4
Where such consent has been given, the CAA or an authorised person may on behalf of Eurocontrol, subject to the provisions of this and the following regulations, take such steps as are necessary to detain, pending payment, either —
a
the aircraft in respect of which the charges were incurred (whether or not they were incurred by the person who is the operator of the aircraft at the time when the detention begins); or
b
any other aircraft of which the person in default is the operator at the time when the detention begins;
and if the charges are not paid within 56 days of the date when the detention begins, the CAA may, subject to the following regulations, sell the aircraft on behalf of Eurocontrol in order to satisfy the charges.
5
The CAA or authorised person concerned shall not detain, or continue to detain, an aircraft on behalf of Eurocontrol under these Regulations by reason of any alleged default in the payment of charges payable in respect of any aircraft by virtue of section 73(1) of the Transport Act 2000 if the operator of the aircraft or any other person claiming an interest therein —
a
disputes that the charges, or any of them, are due or, if the aircraft is detained under regulation 4(a) of these Regulations, that the charges in question were incurred in respect of that aircraft; and
b
gives to Eurocontrol, pending the determination of the dispute, sufficient security for the payment of the charges which are alleged to be due.
6
The CAA shall not sell an aircraft on behalf of Eurocontrol under these Regulations without the leave of the court; and the court shall not give leave except on proof that a sum is due to Eurocontrol, that default has been made in the payment thereof and that the aircraft which the CAA seeks leave to sell on behalf of Eurocontrol is liable to sale under these Regulations by reason of the default.
7
1
The CAA shall, before applying to the court for leave to sell an aircraft on behalf of Eurocontrol under these Regulations, take such steps for bringing the proposed application to the notice of interested persons and for affording them an opportunity of becoming a party to the proceedings as are set forth in the Schedule to these Regulations.
2
If such leave is given, the CAA shall secure that the aircraft is sold on behalf of Eurocontrol for the best price that can be reasonably obtained; but failure to comply with any requirement of this regulation or of the said Schedule in respect of any sale, while actionable as against the CAA at the suit of any person suffering loss in consequence thereof, shall not, after the sale has taken place, be a ground for impugning its validity.
8
The proceeds of any sale under these Regulations shall be applied as follows, and in the following order, that is to say —
a
in payment of any customs duty which is due in consequence of the aircraft having been brought into the United Kingdom;
b
in payment of the expenses incurred by the CAA in detaining, keeping and selling the aircraft, including its expenses in connection with the application to the court;
c
in payment of the charges in respect of any aircraft which the court has found to be due by virtue of section 73(1) of the Transport Act 2000;
d
in payment of any airport charges incurred in respect of the aircraft which are due from the operator of the aircraft to the person owning or managing the aerodrome at which the aircraft was detained under these Regulations;
and the surplus, if any, shall be paid to or among the person or persons whose interests in the aircraft have been divested by reason of the sale.
9
The power of detention and sale conferred by these Regulations in respect of an aircraft extends to the equipment of the aircraft and any stores for use in connection with its operation (being equipment and stores carried in the aircraft) whether or not the property of the person who is its operator, and references to the aircraft in regulations 4 to 8 of these Regulations include, except where the context otherwise requires, references to any such equipment and stores.
10
The power of detention conferred by these Regulations in respect of an aircraft extends to any aircraft documents carried in it, and any such documents may, if the aircraft is sold under these Regulations, be transferred by the CAA to the purchaser.
11
The power conferred by these Regulations to detain an aircraft may be exercised on any occasion when the aircraft is on any aerodrome to which section 88 of the Civil Aviation Act 1982 applies and to Belfast International Airport, Belfast City Airport and Eglinton Airport.
12
Nothing in these Regulations shall prejudice any right of Eurocontrol to recover any charges, or any part thereof, or interest on unpaid charges by action.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st February 2001