text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Uncertificated Securities (Amendment) Regulations 2000 and shall come into force on 1st July 2000.
2
In these Regulations “the Principal Regulations ” means the Uncertificated Securities Regulations 1995
Amendment of Principal Regulations
2
1
The Principal Regulations are amended by paragraphs (2) to (8) of this Regulation
2
In Regulation 27(2) insert as paragraph (d) —
d
where the unit of the participating security is held by a system-member and immediately prior to its conversion into uncertificated form the unit was transferable by means of an exempt transfer within the meaning of the Stock Transfer Act 1982 , that the participating issuer has received from the Operator notification that (subject to the participating issuer recording the unit on the relevant register of securities as being held by the system-member in uncertificated form) title to the unit may be transferred by means of the relevant system
3
In Regulation 29, insert as paragraph (11) —
11
Nothing in this regulation shall be taken, in respect of any authority, to modify or derogate from the protections to a donee or third person given by or under any enactment or to prohibit a donee or third person so protected from accepting any of the matters specified in paragraph (4)
4
After Regulation 36, insert as Regulations 36A, 36B and 36C —
Actual notice
36A
For the purpose of determining under these Regulations whether a person has actual notice of a fact, matter or thing that person shall not under any circumstances be taken to be concerned to establish whether or not it exists or has occurred
Participating securities issued in uncertificated form
36B
In respect of a participating security which is specified in Schedule 4 or whose terms of issue provide that its units may only be held in uncertificated form and title to them may only be transferred by means of a relevant system, nothing in these Regulations shall require a participating issuer or its officers to maintain a register which records how many units of the participating security are held in certificated form or to change a unit of such a participating security from uncertificated form to certificated form or vice versa
CGO Service
36C
No transfer of a participating security may be effected through the medium of the CGO Service, and in this regulation CGO Service means the computer-based system established under the Stock Transfer Act 1982
5
In Regulation 37, insert as paragraph (3) —
3
Any action for default in compliance with or contravention of any regulation referred to in paragraph (1) in respect of a security for which the Bank of England by or under any enactment is registrar shall be brought against the Bank of England
6
After Regulation 38 insert Regulation 38A —
Exemption from liability
38A
Regulations 19(4), 23(9), 26(4) and 27(8) shall not apply to any of the following or its officers —
a
the Crown;
b
any person acting on behalf of the Crown;
c
the Bank of England; or
d
in respect of a security which immediately before it became a participating security was transferable by exempt transfer within the meaning of the Stock Transfer Act 1982, a participating issuer
7
In Schedule 1, insert —
a
after paragraph 12, paragraphs 12A and 12B —
12A
For the purposes of paragraph 12(a)(ii), once authority is granted pursuant to a system charge (within the meaning of regulation 3 of the Financial Markets and Insolvency Regulations 1996 ) a limit of such authority shall not be imposed or changed without the consent of the donee of that authority
12B
Nothing in paragraph 12 or 12A shall be taken, in respect of an authority, to modify or derogate from the protections given by or under any enactment to a donee of the authority or a third person
b
after paragraph 13, paragraph 13A —
13A
Paragraph 13 shall not apply to any participating security specified in Schedule 4 or whose terms of issue provide that its units may only be held in uncertificated form and title to them may only be transferred by means of a relevant system
c
in paragraph 15, after sub-paragraph (1), sub-paragraph (1A) —
1A
Nothing in paragraph 15(1) shall prevent the generation of an Operator — instruction in accordance with procedures agreed between the Operator and the transferor to enable the transfer by means of a relevant system of uncertificated units of a security which immediately before their conversion into uncertificated form were transferable by exempt transfer within the meaning of the Stock Transfer Act 1982
8
In the Schedules insert as Schedule 4 —
SCHEDULE 4
The participating securities specified in regulation 36B and Schedule 1 paragraph 13A
Floating Rate Treasury Stock 2001
A strip in relation to any stock or bond within the meaning of section 47(1B) of the Finance Act 1942
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2000


type: legislation

jurisdiction: UK

text:
Citation, Commencement and Interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) (No. 2) Order 2000 and shall come into force on 24th July 2000, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order “ the Act ” means the Superannuation Act 1972.
Offices and Employments
2
1
Section 1 of the Act shall apply to the following offices and employment with effect from the dates specified below —
a
with effect from 1st May 1999 the office of the Director of Passenger Rail Franchising
b
the office of rent officer in respect of appointments taking effect on or after 1st October 1999
c
with effect from 1st December 1999 employment as a member of the staff of Resource: The Council for Museums, Archives and Libraries.
2
The above offices and employment are hereby added to those listed in Schedule 1 to the Act.
Marjorie Mowlam
Minister for the Cabinet Office for the Minister for the Civil Service
1st July 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 and shall come into force on 1st April 2000.
2
These Regulations extend to England only .
Interpretation
2
1
In these Regulations —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977;
“health improvement plan” means a plan which a Health Authority is required to prepare under section 28 of the Act;
“health-related functions” means the functions of local authorities prescribed under regulation 6;
“local authority” means a body to which regulation 3(2) applies;
“NHS body” means a body to which regulation 3(1) applies;
“NHS contract” has the meaning given in section 4(1) of the National Health Service and Community Care Act 1990 ;
“NHS functions” means the functions of NHS bodies prescribed under regulation 5;
“partners”, in relation to partnership arrangements, means one or more NHS bodies and one or more local authorities; and
“partnership arrangements” means the arrangements prescribed under regulations 7, 8 and 9.
2
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference to a numbered paragraph is a reference to a paragraph bearing that number in that regulation.
Prescribed NHS bodies and local authorities
3
1
The NHS bodies prescribed for the purposes of section 31 of the Act are —
a
a Health Authority ;
b
a Primary Care Trust ; and;
c
an NHS trust .
2
The local authorities prescribed for the purposes of section 31 of the Act are —
a
a district council;
b
a county council;
c
a county borough council;
d
a London borough council; and
e
the Common Council of the City of London.
Partnership arrangements between NHS bodies and local authorities
4
1
Subject to paragraphs (2) and (3), the partners may enter into any partnership arrangements in relation to the exercise of any —
a
NHS functions, and
b
health-related functions,
if the partnership arrangements are likely to lead to an improvement in the way in which those functions are exercised.
2
The partners may not enter into any partnership arrangements unless they have consulted jointly such persons as appear to them to be affected by such arrangements.
3
The partners may not enter into any partnership arrangements which do not fulfil the objectives set out in the health improvement plan of the Health Authority in whose area the arrangements are to operate.
Functions of NHS bodies
5
The NHS functions are —
a
the function of providing, or making arrangements for the provision of, services —
i
under sections 2 and 3(1) of the 1977 Act, including rehabilitation services and services intended to avoid admission to hospital but excluding surgery, radiotherapy, termination of pregnancies, endoscopy, the use of Class 4 laser treatments and other invasive treatments and emergency ambulance services; and
ii
under section 5(1), (1A), and (1B) of, and Schedule 1 to, the 1977 Act ; and
b
the functions under sections 25A to 25H and 117 of the Mental Health Act 1983 .
Health-related functions of local authorities
6
The health-related functions are —
a
the functions specified in Schedule 1 to the Local Authorities Social Services Act 1970 except for functions under —
i
sections 22, 23(3), 26(2) to (4), 43, 45 and 49 of the National Assistance Act 1948 ;
ii
sections 6 and 7B of the Local Authorities Social Services Act 1970;
iii
sections 1 and 2 of the Adoption Act 1976 ;
iv
sections 114 and 115 of the Mental Health Act 1983;
v
the Registered Homes Act 1984 ; and
vi
Parts VII to X and section 86 of the Children Act 1989 ;
b
the functions under sections 5, 7 or 8 of the Disabled Persons (Services, Consultation and Representation) Act 1986 except in so far as they assign functions to a local authority in their capacity of a local education authority;
c
the functions of providing, or securing the provision of recreational facilities under section 19 of the Local Government (Miscellaneous Provisions) Act 1976 ;
d
the functions of local education authorities under the Education Acts as defined in section 57 of the Education Act 1996 ;
e
the functions of local housing authorities under Part I of the Housing Grants, Construction and Regeneration Act 1996 and under Parts VI and VII of the Housing Act 1996 ;
f
the functions of local authorities under section 126 of the Housing Grants, Construction and Regeneration Act 1996;
g
the functions of waste collection or waste disposal under the Environmental Protection Act 1990 ;
h
the functions of providing environmental health services under sections 180 and 181 of the Local Government Act 1972 ;
i
the functions of local highway authorities under the Highways Act 1980 and section 39 of the Road Traffic Act 1988 ; and
j
the functions under section 63 (passenger transport) and section 93 (travel concession schemes) of the Transport Act 1985 .
Pooled fund arrangements
7
1
Subject to the following provisions of this regulation, the partners may enter into arrangements for or in connection with the establishment and maintenance of a fund (“pooled fund arrangements”) which is made up of contributions by the partners and out of which payments may be made towards expenditure incurred in the exercise of any NHS functions or health-related functions.
2
A partner which is an NHS trust may not enter into pooled fund arrangements with a partner which is a local authority unless it obtains the consent of each Health Authority with which it has an NHS contract for the provision of services for persons in respect of whom the functions which are the subject of the pooled fund arrangements may be exercised.
3
Where the partners have decided to enter into pooled fund arrangements the agreement must be in writing and must specify —
a
the agreed aims and outcomes of the pooled fund arrangements;
b
the contributions to be made to the pooled fund by each of the partners and how those contributions may be varied;
c
both the NHS functions and the health-related functions the exercise of which are the subject of the arrangements;
d
the persons in respect of whom and the kinds of services in respect of which the functions referred to sub-paragraph (c) may be exercised;
e
the staff, goods, services or accommodation to be provided by the partners in connection with the arrangements;
f
the duration of the arrangements and provision for the review or variation or termination of the arrangements; and
g
how the pooled fund is to be managed and monitored including which body or authority is to be the host partner in accordance with paragraph (4).
4
The partners shall agree that one of them (“the host partner”) will be responsible for the accounts and audit of the pooled fund arrangements and the host partner shall appoint an officer of theirs (“the pool manager”) to be responsible for —
a
managing the pooled fund on their behalf; and
b
submitting to the partners quarterly reports, and an annual return, about the income of, and expenditure from, the pooled fund and other information by which the partners can monitor the effectiveness of the pooled fund arrangements.
5
The partners may agree that an officer of either may exercise both the NHS functions and health-related functions which are the subject of the pooled fund arrangements.
6
The host partner shall arrange for the audit of the accounts of the pooled fund arrangements and shall require the Audit Commission to make arrangements to certify an annual return of those accounts under section 28(1)(d) of the Audit Commission Act 1998 .
Exercise of functions by NHS body
8
1
Subject to the following provisions of this regulation, the partners may enter into arrangements for the exercise by NHS bodies of health-related functions in conjunction with the exercise by such bodies of their NHS functions.
2
Where the partners have decided to enter into arrangements under paragraph (1) the agreement must be in writing and must specify —
a
the agreed aims and outcomes of the arrangements;
b
the payments to be made by local authorities to the NHS bodies and how those payments may be varied;
c
the health-related functions and NHS functions the exercise of which are the subject of the arrangements;
d
the persons in respect of whom and the kinds of services in respect of which the functions referred to in sub-paragraph (c) may be exercised;
e
the staff, goods, services or accommodation to be provided by the partners in connection with the arrangements;
f
the duration of the arrangements and provision for the review or variation or termination of the arrangements; and
g
the arrangements in place for monitoring the exercise by the NHS bodies of the functions referred to in sub-paragraph (c).
3
The NHS bodies shall report to the local authorities, both quarterly and annually, on the exercise of the health-related functions which are the subject of the arrangements.
Exercise of functions by local authorities
9
1
Subject to the following provisions of this regulation, the partners may enter into arrangements for the exercise by local authorities of NHS functions in conjunction with the exercise by such authorities of their health-related functions.
2
A partner which is an NHS trust may not enter into arrangements under paragraph (1) unless it obtains the consent of each Health Authority with which the trust has an NHS contract for the provision of services for persons in respect of whom the functions which are the subject of the arrangements may be exercised.
3
Where the partners have decided to enter into arrangements under paragraph (1) the agreement must be in writing and must specify —
a
the agreed aims and outcomes of the arrangements;
b
the payments to be made by the NHS bodies to the local authorities and how those payments may be varied;
c
the NHS functions and the health-related functions the exercise of which are the subject of the arrangements;
d
the persons in respect of whom and the kinds of services in respect of which the functions referred to in sub-paragraph (c) may be exercised;
e
the staff, goods, services or accommodation to be provided by the partners in connection with the arrangements;
f
the duration of the arrangements and provision for the review or variation or termination of the arrangements; and
g
the arrangements in place for monitoring the exercise by the local authorities of the functions referred to in sub-paragraph (c).
4
The local authorities shall report to the NHS bodies, both quarterly and annually, on the exercise of the NHS functions which are the subject of the arrangements.
Supplementary
10
1
In connection with any partnership arrangements a partner may agree to provide staff, goods, services or accommodation to another partner.
2
Partners may form a joint committee to take responsibility for the management of partnership arrangements including monitoring the arrangements and receiving reports and information on the operation of the arrangements.
3
Without prejudice to any complaints procedures under the Hospital Complaints Procedures Act 1985 or under section 7B of the Local Authorities Social Services Act 1970 or otherwise, where partners have formed a joint committee under paragraph (2) in respect of partnership arrangements they may agree that a sub-committee, or a member of the joint committee, may consider complaints about the partnership arrangements if the complaints are made by or on behalf of users of services provided under the partnership arrangements.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of StateDepartment of Health
10th March 2000


text:
Commencement and citation
1
This Order may be cited as the A1 Trunk Road (Islington) Red Route (Bus Priority) Experimental Traffic Order 2000, and shall come into force on 21st February 2000.
Interpretation
2
In this Order —
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle —
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3) , (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table;
k
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 (d), and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions — Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary —
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
c
to enable disabled persons' vehicles to stop
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road or area of carriageway adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions — Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in —
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route —
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
d
if it is being used for ambulance, fire brigade or police purposes.
3
The controls specified in articles 3(1) and 3(2) do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Power to modify or suspend this Order
5
If it appears to the Traffic Director for London, or some person authorised by him, essential in the interests of the expeditious, convenient and safe movement of traffic, or of the provision of suitable and adequate parking facilities on the highway, or for preserving or improving the amenities of the area through which any road affected by this Order runs, and after consulting with the Commissioner of Police of the Metropolis, he may modify or suspend any provision of this Order, save that no modification shall make an addition.
Suspensions of existing Orders
6
1
The London Borough of Islington (Trunk Roads) Red Route (Bus Lanes) Traffic Order 1997 is hereby suspended in so far as their provisions relate to any length of road specified in the table in the schedule to this Order.
2
The suspension specified in paragraph (1) of this article shall take effect in respect of any provision of the Order referred to in that paragraph only from the time at which the traffic sign indicating the effect of that provision has been obliterated.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
7th February 2000


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Sierra Leone (United Nations Sanctions) (Channel Islands) Order 2000 and shall come into force on 14th July 2000.
2
Subject to paragraph (3) below, this Order shall remain in force until 5th January 2002.
3
If the Security Council of the United Nations takes a decision which has the effect of cancelling, extending or suspending the operation of the resolution adopted by it on 5th July 2000, in whole or in part, this Order shall cease to have effect or its operation shall be extended or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
4
This Order shall extend to the Channel Islands so as to be law, respectively, in the Bailiwick of Guernsey and in the Bailiwick of Jersey only.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“Attorney General” means —
in the application of this Order to the Bailiwick of Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to the Bailiwick of Jersey, the Attorney General of Jersey;
“Chief Revenue Officer” and “States Revenue Officer” have the same meaning as they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended;
“enactment” includes an enactment of the States of Guernsey or, as the case may be, the States of Jersey;
“police officer” means —
in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey and within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the Constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to the Bailiwick of Jersey, a member of the Honorary Police or a member of the States of Jersey police force;
“the standard scale” means —
in relation to the Bailiwick of Guernsey, the standard scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in relation to the Bailiwick of Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993;
“shipment” (and cognate expressions) and “stores” shall, in the application of this Order to the Bailiwick of Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 and, in the application of this Order to the Bailiwick of Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999.
2
Any reference to an Act of Parliament shall, in the case of a provision which has been extended to the Channel Islands, be construed as a reference to that provision as it has effect there and in any other case, be construed as a reference to that provision as it has effect in the United Kingdom.
Exportation of diamonds from Sierra Leone
3
1
Except under the authority of a written licence granted under this Order —
a
in the case of the Bailiwick of Guernsey, by the Lieutenant Governor;
b
in the case of the Bailiwick of Jersey, by the Finance and Economics Committee,
no person shall on or after 14th July 2000 import directly or indirectly to the Bailiwick of Guernsey or the Bailiwick of Jersey, as the case may be, any rough diamond exported from Sierra Leone on or after 5th July 2000.
2
Subject to the provisions of paragraph (3) below, any person who contravenes the provisions of paragraph (1) above shall in the Bailiwick in question be guilty of an offence under this Order.
3
In the case of proceedings for an offence in contravention of this article, it shall be a defence for the accused person to prove that he did not know and had no reason to suppose that the diamonds in question had been exported from Sierra Leone on or after 5th July 2000.
Offences in connection with applications for written licences, conditions attaching to licences, etc.
4
1
If for the purposes of obtaining any written licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular or recklessly makes any statement or furnishes any document or information which is false in a material particular he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee under this Order and who fails to comply with any condition attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Lieutenant Governor or, as the case may be, the Finance and Economics Committee after the doing of the act authorised by the licence.
Obtaining of evidence and information
5
The provisions of the Schedule to this Order shall have effect in order to facilitate the obtaining of evidence and information for the purpose of securing compliance with or detecting evasion of this Order and in order to facilitate the obtaining of evidence of the commission of an offence under this Order or, with respect to any of the matters regulated by this Order, of an offence under any enactment relating to customs or of an offence against any provision of law with respect to similar matters that is for the time being in force in the Bailiwick of Guernsey or, as the case may be, the Bailiwick of Jersey.
Investigations by the Agents of Impôts
6
Where, in the case of the Bailiwick of Jersey, the Agent of the Impôts or a police officer investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed; or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of Article 1(1) of the Customs and Excise (Jersey) Law 1999.
Penalties and proceedings
7
1
Any person guilty of an offence under article 3(2) above shall be liable in the Bailiwick of Guernsey:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding seven years or to a fine or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of the Schedule to this Order shall be liable in the Bailiwick of Guernsey:
a
on conviction on information to imprisonment for a term not exceeding two years or a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
3
Any person guilty of an offence under article 4(1) or (2) above shall be liable in the Bailiwick of Guernsey:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding level 5 on the standard scale,
and in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under paragraph 5(a) or (c) of the Schedule to this Order shall be liable —
a
in the Bailiwick of Guernsey, on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in the Bailiwick of Jersey, on conviction to imprisonment for a term not exceeding six months or to a fine or to both.
5
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Summary proceedings in the Bailiwick of Guernsey and any proceedings in the Bailiwick of Jersey for an offence under this Order, being an offence alleged to have been committed outside the Bailiwick in question, may be commenced at any time not later than 12 months from the date on which the person charged first enters that Bailiwick after committing the offence.
7
Proceedings against any person for an offence under this Order, in its application to the Bailiwick of Guernsey, may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order, in its application to the Bailiwick of Jersey, shall be instituted except by or with the consent of the Attorney General for Jersey:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers
8
1
The Lieutenant Governor or, as the case may be, the Finance and Economics Committee or the Attorney General, may to such extent and subject to such restrictions and conditions as he or it think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under the Schedule to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him or it, and references in this Order to the Lieutenant Governor, Finance and Economics Committee and Attorney General shall be construed accordingly.
2
Any written licences granted under this Order may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority which granted it.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Transport for London (Reserved Services) (Croydon Tramlink and Docklands Light Railway) Exception Order 2000 and shall come into force on 3rd July 2000.
2
In this Order —
“ the Act ” means the Greater London Authority Act 1999;
“Tramlink” has the same meaning as in section 2(1) of the Croydon Tramlink Act 1994 ; and
“the Docklands Light Railway” means the railways authorised by the London Docklands Railway Act 1984 , the London Docklands Railway Act 1985 , the London Docklands Railway (City Extension) Act 1986 , the London Regional Transport Act 1989 , the London Docklands Railway (Beckton) Act 1989 , the London Docklands Railway Act 1991 and the London Docklands Railway (Lewisham) Act 1993 .
3
The Secretary of State hereby excepts from section 207(2) of the Act all agreements under which an outside contractor is to provide, or secure the provision of, any reserved service in respect of Tramlink or Docklands Light Railway.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Minister of State,
Department of the Environment, Transport and the Regions
20th April 2000


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Immigration Appeals (Family Visitor) (No. 2) Regulations 2000 and shall come into force on 2nd October 2000.
2
The Immigration Appeals (Family Visitor) Regulations 2000 are hereby revoked.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Immigration and Asylum Act 1999;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“fee” means the fee required to be paid in accordance with regulation 3(1);
“first cousin” means, in relation to a person, the son or daughter of his uncle or aunt;
“repayment” means any repayment required to be made in accordance with regulation 3(3).
2
For the purposes of section 60(10) of the Act, a “family visitor” is a person who applies for entry clearance to enter the United Kingdom as a visitor, in order to visit —
a
his spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin;
b
the father, mother, brother or sister of his spouse;
c
the spouse of his son or daughter;
d
his stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or
e
a person with whom he lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.
Fees
3
1
A family visitor who appeals under section 59 of the Act (“the appellant”) must pay to an entry clearance officer at the place where his application for entry clearance was made —
a
£500, if he elects a hearing;
b
£150, in all other cases.
2
The appeal is not to be entertained unless the fee has been paid by the appellant.
3
If the appeal is successful, the fee is to be repaid to the appellant by an entry clearance officer.
Method of payment
4
1
The fee is to be paid, and the repayment made, in currency circulating at the place of payment.
2
The rate of exchange to be used for calculating the equivalent of the fee or repayment in foreign currency is to be based on the rate of exchange which is generally prevailing on the date, and at the place, of payment of the fee.
Barbara Roche
Minister of State
Home Office
11th September 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 and shall come into force on 21st February 2000.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“capable of being polled”, in relation to a satellite tracking device, means:
capable of receiving a request by a Fisheries Monitoring Centre to provide that Centre with the required information at a time other than that required by article 3(4) of this Order, and
immediately providing the required information to that Centre in response;
“Community satellite monitoring measure” means a provision of:
Article 3 and Article 28c, in so far as it relates to satellite-based vessel monitoring systems, of Regulation 2847/93, or
Regulation 1489/97;
“Fisheries Monitoring Centre” means a fisheries monitoring centre established under Article 3.7 of Regulation 2847/93;
“fishing boat” includes a receiving vessel within the meaning of Regulation 2847/93;
“Member State” means a Member State of the European Community;
“Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy as amended by Council Regulation ( EC ) No. 2870/95 , Council Decision (EC) 95/528 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 686/97 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 and Council Regulation (EC) 2846/98 ;
“Regulation 1489/97” means Commission Regulation (EC) No. 1489/97 laying down detailed rules for the application of Council Regulation (EEC) No. 2847/93 as regards satellite-based vessel monitoring systems as corrected by Commission Regulation (EC) 435/98 and amended by Commission Regulation (EC) 831/99 and Commission Regulation (EC) 2445/99 ;
“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which either is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
“relevant offence” means:
an offence under Article 4 of this Order, or
an offence under any provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community satellite monitoring measure, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“required information” means data relating to:
the fishing boat’s identification;
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude within a margin of error of less than 500 metres and within a confidence interval of 99% and
the date and time of the fixing of that position;
“satellite tracking device” means a device for sending required information to a Fisheries Monitoring Centre from a fishing boat via a satellite and land earth station;
“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 .
2
In this Order —
a
the term “within relevant British Fishery Limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a logbook, declaration, document or required information includes, in addition to a logbook, declaration, document or required information in writing —
i
any map, plan, graph or drawing,
ii
any photograph,
iii
any data, howsoever reproduced, received by a Fisheries Monitoring Centre from a satellite tracking device,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom, and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
Satellite tracking of fishing boats
3
1
Subject to paragraph (2) this article applies to —
a
any relevant British fishing boat wherever it may be, and
b
any other fishing boat which is within relevant British Fishery Limits, which measures more than 20 metres between perpendiculars or more than 24 metres in overall length.
2
This article does not apply to such a fishing boat which —
a
operates exclusively within 12 nautical miles of the baselines from which the territorial sea of its flag Member State is measured, or
b
which never spends more than 24 hours at sea taken from the time of departure to the time of return to port.
3
A satellite tracking device shall —
a
be installed;
b
be maintained fully operational,
on a fishing boat to which this article applies.
4
Such a satellite tracking device shall transmit the required information —
a
where the satellite tracking device is capable of being polled:
i
at least every two hours; or
ii
in a case for which a different maximum interval is specified in Annex I of Regulation 1489/97, at or within such intervals; or
b
where the satellite tracking device is not capable of being polled, hourly,
in the format prescribed by Annex II to Regulation 1489/97 to a Fisheries Monitoring Centre.
Offences
4
1
Where there is a contravention of, or failure to comply with —
a
any provision of article 3 of this Order, or
b
in respect of any fishing boat to which article 3 of this Order applies, article 6.1 or 6.2 of Regulation 1489/97,
the owner, the charterer (if any) and the master shall be guilty of an offence.
2
It is a defence in proceedings for a contravention of, or failure to comply with, article 3(3)(b) of (4) for the owner, the charterer (if any) or the master of the boat to prove that he has complied with article 6.1 and 6.2 of Regulation 1489/97.
3
Any person who in any way —
a
changes, substitutes or replicates the identification of a satellite tracking device installed on a relevant British fishing boat; or
b
removes the satellite tracking device from such a fishing boat;
without prior notification thereof to the Minister of Agriculture, Fisheries and Food or the Secretary of State for Northern Ireland shall be guilty of an offence.
4
In relation to any fishing boat to which article 3 of this Order applies, any person who in any way —
a
delays or otherwise interferes with the transmission of required information by a satellite tracking device;
b
interferes with the ability of the satellite tracking device to be polled; or
c
knowingly transmits or furnishes false required information,
shall be guilty of an offence.
5
Paragraphs (3) and (4) do not apply to Wales or the territorial sea adjacent to Wales.
Penalties
5
1
A person found guilty in England or Northern Ireland of a relevant offence in respect of a contravention of, or failure to comply with, article 3(3)(b) or (4) of this Order or article 6.1 or 6.2 of Regulation 1489/97 shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to a fine.
2
A person found guilty in England or Northern Ireland of any other relevant offence shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
Recovery of fines
6
1
Where a fine is imposed by magistrates' court in England or Northern Ireland on the master, owner, charterer, person responsible for the fishing boat or any other person who is convicted by the court of a relevant offence or an offence under article 9 of this Order, the court may for the purpose of levying the amount of the fine —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; or
b
order the boat to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Articles 114(2) and 154 of the Magistrates' Court (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of the enforcement of article 4 of this Order, or any equivalent provision in an order extending to any other part of the United Kingdom made for the purposes of implementing a Community satellite monitoring measure, a British sea-fishery officer may exercise in relation to —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British Fishery Limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for and examine, and may test, any equipment of the boat, including the satellite tracking device, and require persons on board the boat to do anything which appears to him to be necessary for facilitating such a search, examination or test;
b
may require any person on board the boat to produce any document relating to the boat, or the equipment of the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
inspect, take copies of and retain in his possession while he completes any search, examination and inspection provided for under this article, any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Protection of officers
8
A British sea-fishery officer or a person assisting him by virtue of article 7(2) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of article 7 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction etc
9
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on him by virtue of article 7 of this Order;
b
without reasonable excuse prevents any other person from complying with any such requirement; or
c
obstructs any such officer who is exercising any of those powers,
shall be guilty of an offence, and liable —
i
on summary conviction to a fine not exceeding the statutory maximum;
ii
on conviction on indictment to a fine.
Provisions as to offences and proceedings
10
1
Where any offence under article 4 of this Order committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 4 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 4 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
11
Any —
a
logbook kept under Articles 6, 17.2 or 28c;
b
declaration submitted under Articles 8.1, 11, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Articles 9 or 13,
of Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
25th January 2000
John Reid
Secretary of State for Scotland
26th January 2000
Paul Murphy
Secretary of State for Wales
27th January 2000
Peter Mandelson
Secretary of State for Northern Ireland
30th January 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Air Quality (England) Regulations 2000 and shall come into force on the seventh day after the day on which they are made.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations, “the 1995 Act” means the Environment Act 1995.
2
The provisions of the Schedule to these Regulations which follow the Table in that Schedule shall have effect for the purpose of the interpretation of that Schedule.
Relevant periods
3
1
The relevant period for the purposes of section 86(3) of the 1995 Act shall be, in relation to the preparation of an action plan to which that section applies, the period of 9 months beginning with the date on which the district council preparing the action plan first consults the relevant county council in relation to the plan pursuant to paragraph 1(2)(e) of Schedule 11 to the 1995 Act.
2
The relevant period for the purposes of any other provision of Part IV of the 1995 Act shall be, in relation to an air quality objective, the period beginning with the date on which these Regulations come into force and ending on the date set out in the third column of the Table in the Schedule which relates to that objective.
Air quality objectives
4
1
It is an air quality objective for each substance listed in the first column of the Table in the Schedule to these Regulations that the level at which that substance is present in the air is restricted to a level set out in the second column of that Table for that substance by no later than the date set out in the third column of that Table for that substance and level.
2
The achievement or likely achievement of an air quality objective prescribed by paragraph (1) shall be determined by reference to the quality of air at locations–
a
which are situated outside of buildings or other natural or man-made structures above or below ground; and
b
where members of the public are regularly present.
Revocation
5
The Air Quality Regulations 1997 are hereby revoked in so far as they extend to England.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
30th March 2000


text:
Title, extent and commencement
1
These Regulations may be cited as the Vegetable Seeds (Amendment) (England) Regulations 2000, shall extend to England and shall come into force on 1st August 2000.
Amendment of the Vegetable Seeds Regulations 1993
2
1
The Vegetable Seeds Regulations 1993 , in so far as they extend to England, shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) —
a
after the definition of “Common Catalogue” there shall be inserted the following definition —
“genetically modified” has the same meaning as for the purposes of Council Directive 90/220/ EEC on the deliberate release into the environment of genetically modified organisms;
;
b
the definition of “marketing” shall be deleted; and
c
for the definition of official examination there shall be substituted the following definition —
“official examination” means —
in relation to seed produced in the United Kingdom, an examination or a test carried out by or on behalf of the Minister, Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; or
in relation to seed produced elsewhere, an examination or a test approved by the Minister;
.
3
After paragraph (3) of regulation 3 there shall be inserted the following paragraphs —
3A
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom;
b
accompanied by a document validly issued by a competent authority in that member State containing information specified at paragraph C(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for a breeder’s confirmation under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation.
3B
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom;
b
accompanied by a document validly issued by a competent authority in that member State containing information specified (in respect of packages of seed not finally certified) at paragraph C(b) of Part I of Schedule 6; and
c
in respect of which an application has been made for an official certificate under these Regulations,
shall be deemed to be seeds produced from seeds issued with a breeder’s confirmation or an official certificate.
3C
For the purposes of these Regulations, seeds —
a
produced and packaged in a member State other than the United Kingdom;
b
labelled appropriately in accordance with the requirements of regulation 9; and
c
in the case of a small package of seeds, sealed in accordance with the requirements of regulation 8(3), or, in the case of seeds other than a small package of seeds, validly sealed by a competent authority in a member State other than the United Kingdom,
shall be deemed to fall within the meaning of the appropriate category of seeds set out in paragraph (3) above
.
4
At the end of regulation 3 there shall be added the following paragraphs —
5
In these Regulations “marketing” means —
a
selling, holding with a view to sale and offering for sale; and
b
any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration,; and “market” and “marketed” shall be construed accordingly.
6
Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
a
the supply of seed to official testing and inspection bodies; or
b
the supply of seed to any person for the purpose of processing or packaging the seed provided he does not acquire title to the seed supplied,
shall not be treated as marketing of seed of that variety.
.
5
In regulation 4 —
a
in paragraph (1), for the words “Subject to paragraphs (2) and (3) below” there shall be substituted the words “Subject to paragraph (2) below”;
b
in paragraph (2), sub-paragraphs (b), (c) and (d) shall be revoked; and
c
paragraph (3) shall be revoked.
6
In regulation 5(1) —
a
in sub-paragraph (b) for the words “regulation 9(1)” there shall be inserted the words “regulation 9(1), (1B),”; and
b
after sub-paragraph (c) there shall be added the following sub-paragraph —
d
in the case of genetically modified seeds, clearly indicated, in the sales catalogue of the person marketing the seeds and in any other marketing information or marketing representations provided by that person, or having been genetically modified.
.
7
After paragraph (1) of regulation 5 there shall be inserted the following paragraph —
1A
Paragraph (1) above shall not prevent the marketing of seed as grown, marketed for processing, provided that the identity of the seed is ensured.
.
8
After paragraph (2) of regulation 5 there shall be inserted the following paragraphs —
2A
Where there is an arrangement under which —
a
seed, other than seed which contains any genetically modified material, under the control of one person is used by another person for the purpose of —
i
increasing the first person’s stock of the seed for sowing; or
ii
carrying out tests or trials on the seed; and
b
everything produced from the seed, whether directly or indirectly, and any unused seed, become or remain the property of the first person,
the prohibitions in paragraph (1) above shall not apply to the marketing of the seed by the first person to the second person as part of that arrangement or to the marketing by the second person to the first person of any seed produced (whether directly or indirectly) from that seed.
2B
The prohibitions in paragraph (1) above shall not apply to the marketing by producers of small quantities of seed, other than seed which contains any genetically modified material, for scientific purposes or selection work.
2C
If the conditions specified in paragraph (2D) below are satisfied, the prohibitions in paragraph (1) above shall not apply to —
a
the marketing, as part of any arrangement referred to in paragraph (2A) above by the first person referred to in that paragraph to the second person referred to in that paragraph, of seed which contains any genetically modified material;
b
the marketing, as part of any arrangement referred to in paragraph (2A) above by the second person referred to in that paragraph to the first person referred to in that paragraph, of seed produced (whether directly or indirectly) from the seed marketed to him as part of any such arrangement which contains any genetically modified material; or
c
the marketing by producers, for scientific purposes or selection work, of small quantities of seed which contains any genetically modified material.
2D
The conditions referred to in paragraph (2C) above are —
a
the deliberate release of the genetically modified material has been authorised under a Part B consent, or the genetically modified material has been accepted for marketing in accordance with a Part C consent, issued for the purposes of Council Directive 90/220/EEC on the deliberate release into the environment of genetically modified organisms;
b
the seeds are accompanied during marketing by a copy of the consent;
c
all appropriate measures, in accordance with an environmental risk assessment in respect of the material carried out in accordance with article 7(4) of Council Directive 70/458/EEC , have been taken by the producer of the seed to avoid adverse effects on human health and the environment; and
d
in the case of genetically modified material accepted for marketing in accordance with a Part C consent, an authorisation has been granted by the Minister in accordance with paragraph (2E) below to the person marketing the seed.
2E
An authorisation may be granted by the Minister for the purpose of paragraph (2D)(d) above if —
a
the person intending to market the seed has applied to the Minister no later than 15 working days before the seed is marketed —
i
giving the Minister notice of his intention to market the seed and a description of the proposed marketing in respect of which the authorisation is sought; and
ii
giving the Minister such information relating to the acceptance for marketing of the variety of the seed concerned under Council Directive 90/220/EEC , and the proposed marketing in respect of which the authorisation is sought, as the Minister may require for the purposes of determining whether or not to grant the authorisation; and
b
the Minister is satisfied that an authorisation should be granted.
.
9
After paragraph (9) in regulation 5 there shall be inserted the following paragraphs —
9A
Vegetable seeds produced and packaged in a Member State other than the United Kingdom intended for official certification in the United Kingdom shall not be marketed unless they are —
a
sealed and labelled as required by regulations 8 and 9; and
b
accompanied by an official document containing all the information in respect of the seeds specified at paragraph C of Part I of Schedule 6.
9B
A person who imports a package containing a net weight of more than 2 kilograms of vegetable seeds produced in a country other than another Member State shall make available to the Minister, in such manner and at such time as the Minister may require, the information in respect of the seeds specified in Part IV of Schedule 6.
.
10
In regulation 5(13) the words “may be imported but” shall be deleted.
11
In regulation 9 —
a
after paragraph (1A) there shall be inserted the following paragraph —
1B
If a variety has been genetically modified, any label or document, whether official or otherwise, affixed to or accompanying a seed lot or any part of a seed lot in accordance with the provisions of this regulation, shall clearly indicate that the variety has been genetically modified.
; and
b
in paragraph (11)(b) for the words “Part IV” there shall be substituted the words “Part V”.
12
In Schedule 6 —
a
“Part IV” (Particulars to be marked or displayed on the sale of unpacketed seeds) shall be renumbered “Part V”; and
b
after Part III there shall be inserted the following part —
Part IV
Information in respect of seeds imported from third countries in packages more than 2 kilograms in net weight
1
Species.
2
Variety.
3
Category.
4
Country of production and official inspection authority.
5
Country of despatch.
6
Importer.
7
Quantity of seed.
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
7th July 2000


text:
Commencement and citation
1
This Order may be cited as the A205 Trunk Road (Lewisham) Red Route Traffic Order 2000, and shall come into force on 17th May 2000.
Interpretation
2
In this Order —
a
a reference to an article or a schedule followed by a number is a reference to the article of, or the schedule to, this Order so numbered;
b
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
c
causing includes permitting;
d
“disabled person”, “disabled person’s badge” and “disabled person’s vehicle” have the same meanings as in regulation 2(1) of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986 , and “relevant position” in relation to a disabled person’s badge has the same meaning as in regulation 2A of those regulations;
e
“the trunk road red route” means the lengths of road specified in column (2) of the table in schedule 1;
f
“vehicle” includes part of a vehicle;
g
an entry in column (3) , (4) or (5) of an item in a schedule to this order applies to that column in subsequent items in that schedule;
h
“bus” has the meaning given by regulation 22(2) of the Traffic Signs Regulations and General Directions 1994 ;
i
“bus stop” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stop”; and
j
“bus stand” means an area bounded by a traffic sign shown in diagram 1025.1 or 1025.3 in schedule 6 of the Traffic Signs Regulations and General Directions 1994 which includes the words “bus stand”.
k
“London Regional Transport” has the meaning given by the London Regional Transport Act 1984 .
l
“pedal cycle” has the same meaning as in regulation 4 of the Traffic Signs Regulations and General Directions 1994.
General prohibition of stopping
3
1
Subject to the provisions of paragraphs (2) and (3) of this article, and of articles 4, 5, 6, 7, 8 and 9, no person shall cause any vehicle to stop in the trunk road red route during the restricted hours.
2
Subject to the provisions of paragraph (3) of this article, and of articles 5(1), 8 and 9, no person shall cause any vehicle to stop at any time in any lengths of the trunk road red route specified in schedule 4.
3
The controls specified in paragraphs (1) and (2) of this article do not apply in respect of any area of the trunk road red route specified in schedule 2A.
4
In this article “the restricted hours” means, in relation to a length of the trunk road red route specified in an item in column (2) of the table in schedule 1, the hours specified in that item in column (3) of that table.
Exemptions for parking
4
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
Miscellaneous exemptions for parking
5
1
Licensed taxi cabs: The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle being used under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to be parked at the edge of the carriageway on a length of road specified in schedule 2D.
2
Buses: The controls specified in article 3(1) do not apply in respect of a person causing a bus to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2E during the hours specified in column (3) in that item for a period not exceeding the period specified in column (4) in that item, provided that not less than the period specified in column (5) in that item has elapsed since the vehicle was last parked on any part of the same length of road.
3
Doctors' vehicles: The controls specified in article 3(1) do not apply in respect of a person causing a vehicle to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2F during the hours specified in column (3) in that item, provided that —
a
there is displayed in the windscreen of the vehicle a badge issued by, or with the authority of, the Traffic Director for London to a medical practitioner, and which specifies —
i
the name of the person to whom it was issued, and
ii
the premises in relation to which it applies; and
b
the vehicle was parked by, or with the permission of, the person whose name is specified on the badge and for so long only as the person who parked the vehicle is engaged in work at the premises specified on the badge.
4
Solo motor bicycles: The controls specified in article 3(1) do not apply in respect of a person causing a motor bicycle without a side-car to be parked at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2G during the hours specified in column (3) in that item.
Exemptions for loading and unloading
6
The controls specified in article 3(1) do not apply in respect of a person causing a vehicle which is being loaded or unloaded to stop at the edge of the carriageway on a length of road specified in an item in column (2) of the tables in schedules 3A and 3B during the hours specified in column (3) in that item for as long as is needed to load or unload the vehicle or 20 minutes, whichever is the less, provided that not less than 20 minutes has elapsed since the vehicle was last parked on any part of the same length of road.
Exemptions for disabled persons
7
1
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2B during the hours specified in column (3) in that item.
2
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 2C during the hours specified in column (3) in that item.
3
The controls specified in article 3(1) do not apply in respect of a person causing a disabled person’s vehicle which displays a disabled person’s badge in the relevant position, and a parking disc on which is shown the time at which the period of parking began, to park at the edge of the carriageway on a length of road specified in an item in column (2) of the table in schedule 3A during the hours specified in column (3) in that item, for a period of up to 3 hours not being a period separated by an interval of less than 1 hour from a previous period when that vehicle was parked in that length of road.
Exemptions at bus stops and stands
8
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing:
a
a bus to stop at a bus stop for as long as may be required to enable passengers to board or alight; or
b
a bus to stop at a bus stop or a bus stand and being used for operational reasons in the course of providing a London bus service (as defined in section 34 of the Transport Act 1985 ) under an agreement with London Regional Transport or training drivers to allow such a service to be provided.
2
In this article “operational reasons” means:
i
to enable passengers to board and alight;
ii
to enable crew changes to take place;
iii
to maintain the scheduled timetable subject, in the case of a bus stop, to a maximum wait of two minutes.
Other exemptions
9
1
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a vehicle to stop if that person is —
a
required by law to cause the vehicle to stop or not to proceed;
b
obliged to stop the vehicle so as to avoid an accident;
c
prevented from proceeding in the vehicle by circumstances beyond the person’s control;
d
getting or giving help in consequence of an accident or an emergency, or otherwise taking action for public safety;
e
opening or closing a gate or other barrier at the entrance to premises to which the vehicle is being driven or from which it has emerged if it is not reasonably practicable to cause the vehicle to stop elsewhere for the purpose;
f
using the vehicle for fire brigade, ambulance or police purposes;
g
using the vehicle in connection with the removal of any obstruction to traffic;
h
using the vehicle in connection with the maintenance, improvement or reconstruction of any length of road specified in schedule 1;
i
using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle; or
j
using a disabled person’s vehicle which displays a disabled person’s badge in the relevant position to stop for so long only as may be required to enable a disabled person to get on or off the vehicle.
2
The controls specified in article 3(1) and (2) do not apply in respect of a vehicle which bears the Royal Mail livery which is waiting at the edge of a carriageway for as long as may be necessary for the purpose of collecting or delivering letters in pursuance of any statutory duty of the Post Office to collect or deliver letters.
3
The controls specified in article 3(1) and (2) do not apply to anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
4
The controls specified in article 3(1) and (2) do not apply in respect of a person causing a pedal cycle to be parked at a facility specifically provided for the purpose of pedal cycle parking by, or with the consent of, the highway authority.
Revocation or variation of existing Orders
10
The Lewisham (Waiting & Loading Restriction) Order 1990, The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1998 and The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1998 Variation Order 1999 are hereby revoked, in so far as their provisions relate to any part of the trunk road red route.
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
10th May 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Authorities (Proposals for Alternative Arrangements) (England) Regulations 2000 and shall come into force on 16th November 2000.
2
These Regulations apply in relation to local authorities in England .
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 2000;
“local authority” means a local authority to which section 31 of the Act (alternative arrangements in the case of certain local authorities) applies;
“proposals” means proposals under section 31 of the Act for the operation of alternative arrangements.
Proposals for Alternative Arrangements
3
1
For the purpose of drawing up proposals a local authority must take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
2
In drawing up its proposals a local authority must —
a
decide which type of alternative arrangements is to be included in the proposals; and
b
comply with any directions given by the Secretary of State for the purposes of these Regulations.
3
A local authority must include in its proposals —
a
such details of the alternative arrangements as the Secretary of State may direct;
b
a timetable with respect to the implementation of the proposals; and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
4
A local authority shall send to the Secretary of State —
a
a copy of its proposals; and
b
a statement which describes —
i
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, both pursuant to section 31(5) of the Act and to paragraph (1) above;
ii
the outcome of those consultation and the extent to which that outcome is reflected in the proposals;
iii
the reasons why the authority considers that its proposals will be more suitable for circumstances in that authority and its area than any form of executive specified in or under section 11 of the Act; and
iv
the reasons why the authority considers that its proposals would be likely, if implemented, to ensure that decisions of the authority are taken in an efficient transparent and accountable way.
5
A local authority must implement its proposals in accordance with the timetable included in those proposals.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
19th October 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Infant Class Sizes (Admission and Standard Numbers) (England) Regulations 2000 and shall come into force on 21st February 2000.
2
These Regulations apply in relation to the admission of children to maintained schools in England for education in an infant class in the 2000–2001 school year.
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 Transitional Provisions Regulations ” means the Education (Infant Class Sizes) (Transitional Provisions) Regulations 1998 ;
“Schedule 23” means Schedule 23 to the 1998 Act;
“designated provisions” means the following provisions of the 1998 Act —
section 93(1) (admission authority not to fix an admission number which is less than the relevant standard number);
section 86(5) (prejudice not to be taken to arise from the admission to a maintained school of a number of pupils in a relevant age group which does not exceed the relevant standard number);
“maintained school” means a community, foundation or voluntary school which contains an infant class;
“qualifying prejudice” means prejudice to the provision of efficient education or the efficient use of resources by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) of the 1998 Act;
“revised admission number” means the number of children in a relevant age group whom it is intended to admit to a maintained school in the school year 2000–2001, in substitution for any admission number or (as the case may be) approved admission number previously fixed in accordance with section 93 of the 1998 Act or section 416 or 426 of the 1996 Act and which would otherwise apply.
2
Unless the context otherwise requires, words or expressions used in these Regulations set out in the first column of the following table shall have the meanings attributed to them by the provisions of the 1998 Act set out opposite thereto in the second column.
adjudicator section 25(3) admission arrangements section 88(2) admission authority section 88(1) infant class section 4 relevant age group section 142(1) school organisation committee section 24(4) relevant standard number section 84(6)
Suspension of designated provisions of the 1998 Act
3
1
This regulation applies to —
a
a maintained school —
i
whose admission authority have before 21st February 2000 carried out a review (as defined in paragraph 2(a) below) of any relevant standard number or (as the case may be) an approved admission number applicable to admissions to an infant class at that school, and
ii
in relation to which a relevant application (as defined in paragraph 2(b) below) has been submitted to the Secretary of State or (as the case may be) the school organisation committee; but
iii
no determination has been made before the date referred to in sub-paragraph (a)(i) above in relation to that application by the Secretary of State or (as the case may be) the school organisation committee or the adjudicator.
b
a maintained school —
i
in relation to which a certificate pursuant to regulation 3(1) of the Transitional Provisions Regulations was given by the Secretary of State relating to the 1999–2000 school year, and
ii
whose admission authority have not before 21st February 2000 published in accordance with paragraph 5(1) of Schedule 23 their proposals relating to the variation of the relevant standard number which they intend to apply for under paragraph 4(4) of that Schedule; or
c
a maintained school in relation to which, following an application submitted by or on behalf of the admission authority, the Secretary of State certifies that, in his opinion, the admission to that school in the 2000–2001 school year of a number of children in any relevant age group equal to the relevant standard number may result in qualifying prejudice (whether that prejudice would arise in that school year or in any subsequent year).
2
For the purposes of paragraph (1) —
a
a “review” means —
i
the review required under paragraph 11 of Schedule 23 of the relevant standard number applicable to admissions to an infant class at a maintained school;
ii
the review required under section 421A(2) of the 1996 Act of the relevant standard number applicable to admissions to an infant class at a school which was formerly a county or voluntary school within the meaning of that Act; or
iii
the review required under section 426A(2) of the 1996 Act of the approved admission number applicable to admissions to an infant class at a school which was formerly a grant-maintained school within the meaning of the 1996 Act.
b
a “relevant application” means —
i
an application for a decision under paragraph 4(2) of Schedule 23 varying any relevant standard number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act ;
ii
(in the case of a school which was formerly a county or voluntary school) an application for an order under section 420(2) of the 1996 Act varying any relevant standard number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act; or
iii
(in the case of a school which was formerly a grant-maintained school) an application for approval under section 426(4) of the 1996 Act of any variation in the approved admission number to such number as will be compatible with the duty to comply with the limit on infant class sizes prescribed by regulations made under section 1 of the 1998 Act.
3
Where this regulation applies to a maintained school, the designated provisions shall not have effect in relation to the admission to that school of any child who falls within an age group of pupils who would be educated in an infant class at the school in the 2000–2001 school year.
Schools to which regulation 3 applies: fixing admission numbers, etc
4
1
The admission authority for a maintained school to which regulation 3(1)(a) applies, and whose published admission number differs from the standard number that they have proposed in a relevant application (as defined in regulation 3(2)(b)), shall forthwith determine and publish a revised admission number, which shall be the same as the proposed standard number.
2
The admission authority for a maintained school to which regulation 3(1)(b) applies and whose published admission number differs from the maximum admission number (as defined in paragraph (3) below), shall forthwith determine and publish a revised admission number which shall be the same as the maximum admission number.
3
For the purposes of paragraph (2) above, the maximum admission number shall be the number stated in any certificate referred to in regulation 3(1)(b)(i).
4
Where the Secretary of State gives a certificate referred to in regulation 3(1)(c) in relation to a maintained school, the admission authority for that school shall —
a
(if they have not already done so) forthwith carry out the review of the relevant standard number applicable to admissions to an infant class as required under paragraph 11(2) of Schedule 23 and, where appropriate, apply for a variation of that number as required by paragraph 11(3) of that Schedule, and
b
if their published admission number differs from the maximum admission number (as defined in paragraph (5) below), forthwith determine and publish a revised admission number, which shall be the same as the maximum admission number.
5
For the purposes of paragraph (4) above, the maximum admission number shall be the number stated in any certificate referred to in regulation 3(1)(c).
6
In any case where paragraphs (1), (2) or (4)(b) above apply, the admission authority shall publish the following information in a newspaper circulating in the locality served by the school, namely —
a
the name of the admission authority and of the school or schools to which any revised admission number applies;
b
the fact that the admission number for the school year 2000–2001 has been revised and a statement summarising the effect;
c
the fact that the admission number has been revised by virtue of these Regulations for the purpose of securing that the limit imposed under section 1 of the 1998 Act is complied with in relation to infant classes at maintained schools;
d
the fact that the revised admission number may be subject to change in the 2001–2002 school year or any subsequent school year;
e
the fact that further information about the effect of the revised admission number may be obtained from the admission authority, including an address and telephone number for such contact.
7
An admission authority to whom this regulation applies shall determine and publish, in the manner specified, a revised admission number no later than 20th March 2000 or within four weeks of the date of any certificate given by the Secretary of State referred to in regulation 3(1)(c), whichever is the later.
Duration of suspension of designated provisions
5
Any suspension of the designated provisions by virtue of these Regulations shall apply throughout the 2000–2001 school year.
Estelle Morris
Minister of State,
Department for Education and Employment
28th January 2000


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 2000 and shall come into force on 1st April 2000.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 1999 shall be amended with effect from 1st April 2000 as follows.
4
There shall be inserted in the appropriate positions in paragraph 1.2 the following definitions —
“assessor” means an assessor appointed by the Secretary of State to assess whether teachers have passed the performance threshold, and to scrutinise, and if so minded, approve, threshold assessment arrangements made by head teachers and others;
“performance threshold” means the professional standards from time to time determined by the Secretary of State against which classroom teachers are assessed to determine whether they have passed the threshold;
“teacher who has passed the threshold” means a teacher who has been certified by an assessor as having passed the performance threshold, or who has been so certified by a head teacher or other person under arrangements approved by an assessor, and references to “passing the threshold” shall be construed accordingly; and
“threshold assessment” means an assessment of whether a teacher has passed the performance threshold;
.
5
There shall be inserted after paragraph 43.8.5 —
43.8.6
assessing whether a teacher at the school who requests an assessment has passed the threshold, subject to approval of the assessment arrangements by an assessor, and where requested by him to do so providing assistance to an assessor in relation to threshold assessments at the school;
.
6
There shall be inserted at the end of paragraph 50.11.1 —
and assisting the head teacher in carrying out threshold assessments of other teachers
.
Estelle Morris
Minister of State,
Department for Education and Employment
23rd March 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Sharing of State Scheme Rights (Provision of Information and Valuation) (No. 2) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“shareable state scheme rights” has the meaning given by section 47(2) of the 1999 Act.
Basic information about the sharing of state scheme rights and divorce
2
1
The requirements imposed on the Secretary of State for the purposes of section 23(1)(a) of the 1999 Act (supply of pension information in connection with divorce etc. ) are that he shall furnish —
a
the information specified in paragraphs (2) and (3) —
i
to a person who has shareable state scheme rights on request from that person; or
ii
to the court, pursuant to an order of the court; or
b
the information specified in paragraph (3) to the spouse of a person who has shareable state scheme rights, on request from that spouse.
2
The information specified in this paragraph is a valuation of the person’s shareable state scheme rights.
3
The information in this paragraph is an explanation of —
a
the state scheme rights which are shareable;
b
how a pension sharing order or provision will affect a person’s shareable state scheme rights; and
c
how a pension sharing order or provision in respect of a person’s shareable state scheme rights will result in the spouse of the person who has shareable state scheme rights becoming entitled to a shared additional pension.
4
The Secretary of State shall furnish the information specified in paragraphs (2) and (3) to the court, or, as the case may be, to the person who has shareable state scheme rights within —
a
3 months beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of that information;
b
6 weeks beginning with the date the Secretary of State receives the request or, as the case may be, the order for the provision of the information, if the person who has shareable state scheme rights has notified the Secretary of State on the date of the request or order that the information is needed in connection with proceedings commenced under any of the provisions referred to in section 23(1)(a) of the 1999 Act; or
c
such shorter period specified by the court in an order requiring the Secretary of State to provide a valuation in accordance with paragraph (2).
5
Where —
a
the request made by the person with shareable state scheme rights for, or the court order requiring, the provision of information does not include a request or, as the case may be, an order for a valuation under paragraph (2); or
b
the spouse of the person with shareable state scheme rights requests the information specified in paragraph (3),
the Secretary of State shall furnish that information to the person who has shareable state scheme rights, his spouse, or the court, as the case may be, within one month beginning with the date the Secretary of State receives the request or the court order for the provision of that information.
Information about the sharing of state scheme rights and divorce: valuation of shareable state scheme rights
3
Where an application for financial relief or financial provision under any of the provisions referred to in section 23(1)(a) of the 1999 Act has been made or is in contemplation, the valuation of shareable state scheme rights shall be calculated and verified for the purposes of regulation 2(2) of these Regulations in such manner as may be approved by or on behalf of the Government Actuary.
Calculation and verification of cash equivalents for the purposes of the creation of state scheme pension debits and credits
4
For the purposes of —
a
section 49 of the 1999 Act (creation of state scheme pension debits and credits);
b
section 45B of the 1992 Act (reduction of additional pension in Category A retirement pension: pension sharing);
c
section 55A of the 1992 Act (shared additional pension); and
d
section 55B of the 1992 Act (reduction of shared additional pension: pension sharing),
cash equivalents shall be calculated and verified in such manner as may be approved by or on behalf of the Government Actuary.
Revocation
5
The Sharing of State Scheme Rights (Provision of Information and Valuation) Regulations 2000 are revoked.
Signed by authority of the Secretary of State for Social Security
Jeff Rooker
Minister of State
Department of Social Security
26th October 2000


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2000 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2001.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows: —
Category 1 vehicles £4.40 Category 2 vehicles £8.70 Category 3 vehicles £13.10
3
The Severn Bridges Tolls Order 1999 is hereby revoked.
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
11th December 2000