text:
Citation
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Recognition Requirements for Investment Exchanges and Clearing Houses) Regulations 2001.
Commencement
2
These Regulations come into force on the day on which sections 290(1) and 292(2) of the Act (which relate to the making of recognition orders) come into force.
Interpretation
3
1
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“the Companies Act” means the Companies Act 1989 ;
“defaulter” and “default” are to be construed in accordance with section 188(2) of the Companies Act, and references to action taken under the default rules of an exchange or clearing house are to be construed in accordance with section 188(4) of that Act;
“exempt activities”, in relation to a recognised body, means the regulated activities in respect of which the body is exempt from the general prohibition as a result of section 285(2) or (3) of the Act;
“facilities”, in relation to a recognised body, means the facilities and services it provides in the course of carrying on exempt activities, and references to the use of the facilities of an exchange is to be construed in accordance with paragraph (2);
“financial crime” is to be construed in accordance with section 6(3) and (4) of the Act;
“the Financial Services Act” means the Financial Services Act 1986 ;
“investments” means investments of a kind specified for the purposes of section 22 of the Act;
“market contract” has the meaning given in section 286(4) of the Act (with reference, in the case of a recognised investment exchange, to section 155(2) of the Companies Act or article 80(2) of the Northern Ireland Order, or in the case of a recognised clearing house, to section 155(3) of the Companies Act or article 80(3) of the Northern Ireland Order) and references to a party to a market contract are to be construed in accordance with section 187 of the Companies Act;
“the Northern Ireland Order” means the Companies (No. 2) (Northern Ireland) Order 1990 ; and
“regulatory functions”, in relation to a recognised body, has the meaning given in section 291(3) of the Act.
2
In these Regulations, references to dealings on an exchange, or transactions effected on an exchange, are references to dealings or transactions which are effected by means of the exchange’s facilities or which are governed by the rules of the exchange, and references to the use of the facilities of an exchange include use which consists of any such dealings or entering into any such transactions.
3
In these Regulations, except in regulation 6, references to the performance of the functions of a recognised body are references to the carrying on by it of exempt activities together with the performance of its regulatory functions.
Recognition requirements for investment exchanges
4
Parts I and II of the Schedule set out recognition requirements applying to bodies in respect of which a recognition order has been made under section 290(1)(a) of the Act, or which have applied for such an order under section 287 of the Act.
Recognition requirements for clearing houses
5
Parts III and IV of the Schedule set out recognition requirements applying to bodies in respect of which a recognition order has been made under section 290(1)(b) of the Act, or which have applied for such an order under section 288 of the Act.
Method of satisfying recognition requirements
6
1
In considering whether a recognised body or applicant satisfies recognition requirements applying to it under these Regulations, the Authority may take into account all relevant circumstances including the constitution of the person concerned and its regulatory provisions and practices within the meaning of section 302(1) of the Act.
2
Without prejudice to the generality of paragraph (1), a recognised body or applicant may satisfy recognition requirements applying to it under these Regulations by making arrangements for functions to be performed on its behalf by any other person.
3
Where a recognised body or applicant makes arrangements of the kind mentioned in paragraph (2), the arrangements do not affect the responsibility imposed by the Act on the recognised body or applicant to satisfy recognition requirements applying to it under these Regulations, but it is in addition a recognition requirement applying to the recognised body or applicant that the person who performs (or is to perform) the functions is a fit and proper person who is able and willing to perform them.
Dealings and transactions not involving investments
7
Nothing in these Regulations is to be construed as requiring a recognised investment exchange to limit dealings on the exchange to dealings in investments, or as requiring a recognised investment exchange or recognised clearing house to limit the provision of its clearing services to clearing services in respect of transactions in investments.
Exchanges and clearing houses which do not enter into market contracts
8
Nothing in Parts II or IV of the Schedule is to be taken as requiring a recognised investment exchange or recognised clearing house which does not enter into such contracts as are mentioned in section 155(2)(b) or (3) of the Companies Act to have default rules, or to make any arrangements, relating to such contracts.
Effect of recognition under the Financial Services Act 1986
9
1
In this regulation, “commencement” means the beginning of the day on which subsections (2) and (3) of section 285 of the Act (exemption from the general prohibition for recognised investment exchanges and clearing houses) come into force.
2
Subject to paragraph (3), an order under section 37(3) of the Financial Services Act which was in force immediately before commencement has effect after commencement as if it were a recognition order made under section 290(1)(a) of the Act following an application under section 287 of the Act, declaring the body or association to which it relates to be a recognised investment exchange.
3
But if the order was made by virtue of section 40(2) of the Financial Services Act (recognition requirements for overseas investment exchanges and clearing houses), it has effect as if it were a recognition order made under section 292(2)(a) of the Act.
4
Subject to paragraph (5), an order under section 39(3) of the Financial Services Act which was in force immediately before commencement has effect after commencement as if it were a recognition order made under section 290(1)(b) of the Act following an application under section 288 of the Act, declaring the body or association to which it relates to be a recognised clearing house.
5
But if the order was made by virtue of section 40(2) of the Financial Services Act (recognition requirements for overseas investment exchanges and clearing houses), it has effect as if it were a recognition order made under section 292(2)(b) of the Act.
6
Where a recognition order has effect by virtue of this regulation, the Authority may not give a notice under section 298(1)(a) of the Act, giving notice of its intention to give a direction under section 296 or to make a revocation order under section 297(2) in relation to the recognised body concerned, earlier than one month after commencement.
7
Paragraph (6) is without prejudice to section 298(7) of the Act (which permits the Authority to give a direction under section 296 of the Act without following the procedure set out in section 298, if the Authority considers it essential to do so), or to the continued effect of any notice which has effect as a notice given under section 298(1)(a) of the Act by virtue of regulation 10(4) below.
Revocation of recognition: action taken before commencement
10
1
In this regulation —
a
“commencement” has the same meaning as in regulation 9 above, and
b
“relevant person” means —
i
in relation to action taken in respect of a body or association of the kind described in section 40(1) of the Financial Services Act (overseas investment exchanges and clearing houses), the Treasury, or
ii
in any other case, the Authority.
2
This regulation applies to action taken by a relevant person before commencement pursuant to section 37(7) or 39(7) of the Financial Services Act (which relate to revocation of recognition orders under that Act), or pursuant to subsections (2) to (9) of section 11 of that Act as they had effect by virtue of section 37(7) or 39(7).
3
Paragraphs (4) to (8) apply where a relevant person has given notice to a body or association under section 11(3) of the Financial Services Act of its intention to revoke a recognition order made under that Act in relation to that body or association, but has not notified the body or association of its determination whether to proceed to revoke that recognition order.
4
The notice has effect after commencement as if it were a notice given by the Authority under section 298(1)(a) of the Act, giving notice of the Authority’s intention to revoke the recognition order which is treated as having effect in relation to the body or association by virtue of regulation 9 above.
5
If before commencement the relevant person has complied with —
a
the requirement in subsection (3) of section 11 of the Financial Services Act to bring the notice to the attention of members of the body or association in question, or
b
the requirement in that subsection to publish the notice to other persons likely to be affected,
the Authority is to be treated as having complied with the equivalent requirement in section 298(1)(b) or (as the case may be) (c) of the Act, in relation to the notice under section 298(1)(a) which has effect by virtue of paragraph (4).
6
Nothing in paragraph (4) or in the Act is to be treated as changing the length or affecting the continuity of the period within which, in accordance with the notice as originally given, representations might be made by any person to the relevant person pursuant to section 11(5) of the Financial Services Act, but any such representations are to be considered by the Authority as if they were representations made to it pursuant to section 298(3) of the Act.
7
For the purposes of the Authority’s consideration whether to proceed to exercise the power to make a revocation order under subsection (2) of section 297 of the Act (but without prejudice to any exercise by the Authority of that power where it has given a new notice under section 298(1)(a) after commencement), that subsection is to be read as if the reference in paragraph (a) to recognition requirements were a reference to recognition requirements other than new recognition requirements, and as if the reference in paragraph (b) to obligations were a reference to obligations other than new obligations.
8
A recognition requirement or obligation is to be treated as a new recognition requirement or obligation if its effect is not substantially the same as the effect of a requirement or obligation of the kind mentioned (or having effect as if mentioned) in section 37(7) (in the case of an investment exchange) or 39(7) (in the case of a clearing house) of the Financial Services Act (as those provisions had effect immediately before commencement).
9
Paragraph (10) applies where a relevant person has made an order (“the revoking order”) under section 37(7) or 39(7) of the Financial Services Act, revoking a recognition order made in relation to a body or association under that Act, but either —
a
the revoking order has not taken effect in accordance with section 11(2) of the Financial Services Act, or
b
the revoking order has taken effect but contains transitional provisions pursuant to section 11(7) of the Financial Services Act which continued to have effect immediately before commencement.
10
The revoking order has effect after commencement as if it were a revocation order made by the Authority under section 297 of the Act, revoking (with effect from the date specified in the revoking order) the recognition order which is treated as having effect in relation to the body or association by virtue of regulation 9 above, and as if any such transitional provisions were included in the revocation order by virtue of section 297(5) of the Act.
David Clelland
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2001
Approved,
Kim Howells
Parliamentary Under Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
9th April 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Pupil Registration) (Amendment) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations apply only in relation to England.
Amendment
3
The Education (Pupil Registration) Regulations 1995 shall be amended as follows in relation to England.
4
For regulation 2 (Interpretation) there shall be substituted the following regulation —
Interpretation
2
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“maintained school” means a school maintained by a local education authority;
“proprietor” in relation to a school, means the person or body of persons responsible for the management of the school (so that, in relation to a community, foundation or voluntary school or a community or foundation special school, it means the governing body);
“the relevant person” means —
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
.
5
In regulation 7 (Contents of the Attendance Register) —
a
in paragraph (3)(c), for the words “who” to “because” there shall be substituted “to whom regulation 10(3A) applies”;
b
for paragraph (4A) there shall be substituted the following —
4A
An approved educational activity is either —
a
an activity which takes place outside the school premises and which is —
i
approved by a person authorised in that behalf by the proprietor of the school;
ii
of an educational nature, including work experience under section 560 of the Education Act 1996 and a sporting activity; and
iii
supervised by a person authorised in that behalf by the proprietor or the head teacher of the school; or
b
in the case of a pupil, other than a pupil to whom regulation 10(3A) applies, that pupil’s attendance at another school at which he is a registered pupil .
.
6
In regulation 8 (Leave of absence), in paragraph (2)(c), for the words “a police magistrate as defined in paragraph (9) of that section” there shall be substituted the words “a justice of the peace”.
7
In regulation 9 (Deletions from Admissions Register), for paragraph (4)(d), there shall be substituted —
d
the permanent exclusion of a pupil does not take effect until the governing body have discharged their duties under section 66 of the 1998 Act, and —
i
the relevant person has stated in writing that he does not intend to bring an appeal under section 67 of the 1998 Act;
ii
the time for bringing an appeal has expired and no appeal has been brought within that time; or
iii
an appeal brought within that time has been determined or abandoned.
.
8
In regulation 16 (Use of Computers), in paragraph (6), for “Data Protection Act 1984” there shall be substituted “Data Protection Act 1998” .
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
25th July 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Batteries and Accumulators (Containing Dangerous Substances) (Amendment) Regulations 2001 and shall come into force on 31st August 2001.
2
These Regulations extend to Great Britain.
Further amendment of the Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994
2
The Batteries and Accumulators (Containing Dangerous Substances) Regulations 1994 are further amended in regulation 4 as follows: —
a
in paragraph (1), the words “and subject to paragraph (3) below” are omitted; and
b
the whole of paragraph (3) is omitted.
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
16th July 2001


text:
Citation and commencement
1
This Order may be cited as the North East Lincolnshire and the Scunthorpe and Goole Hospitals National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The North East Lincolnshire National Health Service Trust established by the Grimsby Health National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Scunthorpe and Goole Hospitals National Health Service Trust established by the Scunthorpe and Goole Hospitals National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
18th January 2001


text:
1
This Order may be cited as the A6 Trunk Road (Bedford to Luton) (Detrunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A6 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Bedfordshire County Council that they will become the highway authority responsible for that length of road within their county boundary.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W. S. C. Wadrup
A Divisional Directorin the Highways Agency
23rd May 2001


text:
1
This Order may be cited as the Teacher Training Agency (Additional Functions) Order 2001 and shall come into force on 26th April 2001.
2
In addition to their other functions the Teacher Training Agency may approve persons for the purpose of carrying out the assessment of candidates seeking exemption from induction requirements in accordance with paragraph 17 of Schedule 1 to the Education (Induction Arrangements for School Teachers) (England) Regulations 1999 .
Estelle Morris
Minister of State
Department for Education and Employment
4th April 2001


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Social Security Amendment (Capital Disregards) (No. 2) Regulations 2001 and shall come into force on 19th November 2001.
Income support, jobseeker’s allowance, housing benefit and council tax benefit: capital disregard
2
There shall be added as —
a
paragraph 67 of Schedule 5 to the Council Tax Benefit (General) Regulations 1992 (capital to be disregarded);
b
paragraph 67 of Schedule 5 to the Housing Benefit (General) Regulations 1987 ;
c
paragraph 65 of Schedule 10 to the Income Support (General) Regulations 1987 ;
d
paragraph 58 of Schedule 8 to the Jobseeker’s Allowance Regulations 1996 ,
the following paragraph —
The amount of a payment, other than a war pension within the meaning in section 25 of the Social Security Act 1989 , to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or the claimant’s partner’s deceased spouse —
was a slave labourer or a forced labourer;
had suffered property loss or had suffered personal injury; or
was a parent of a child who had died,
during the Second World War.
.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State
Department for Work and Pensions
23rd October 2001


text:
1
This Order may be cited as the A361 Trunk Road (Southam Road) (Detrunking) Order 2001 and shall come into force on 3rd May 2001.
2
In this Order —
i
“the plan”
means the plan folio numbered HA10/PS/268, consisting of sheet 1 and marked “The A361 Trunk Road (Southam Road) (Detrunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at DETR Records Management Branch, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purposes of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A361 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
R. Bannon
A Divisional Director, Highways Agency
3rd April 2001


text:
Citation and Commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2001 and shall come into force on 1st March 2001.
Amendment of the Goods Vehicles (Plating and Testing) Regulations 1988
2
1
The Goods Vehicles Plating and Testing Regulations 1988 shall be amended as follows.
2
In Schedule 2, after paragraph 36 shall be inserted the following paragraph —
37
A vehicle —
a
which complies with the requirements specified in regulation 4(2) of the Motor Vehicles (Approval) Regulations 2001 ;
b
in respect of which a Minister’s approval certificate has been issued under section 58 of the 1988 Act for the purposes of the type approval requirements prescribed by those Regulations; and
c
in respect of which a Minister’s approval certificate has not subsequently been issued under that section for the purposes of the type approval requirements prescribed by the National Type Approval for Goods Vehicles Regulations .
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
7th February 2001


text:
1
This Order may be cited as the Local Government (Magistrates' Courts etc.) (Amendment) Order 2001 and shall come into force on the 1st April 2001.
2
In the Local Government (Magistrates' Courts etc.) Order 1985 —
i
in article 3 (preliminary arrangements), in paragraph (3) for the words “justices' clerk”, in each place where they occur, there shall be substituted the words “justices' chief executive” and in paragraph (8) for the words “justices' clerks” there shall be substituted the words “justices' chief executives”; and
ii
in article 4 (manner of election to and period of office etc.), in paragraph (2)(a)(i) and (f), for the words “clerk to the justices”, in each place where they occur, there shall be substituted the words “justices chief executive”.
Irvine of Lairg, C.
27th February 2001


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Rural Development Grants (Agriculture and Forestry) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.
2
These Regulations shall extend to England only.
Interpretation
2
In these Regulations, “the principal Regulations ” means the Rural Development Grants (Agriculture and Forestry) Regulations 2000 .
Amendment of the principal Regulations
3
1
The principal Regulations shall be amended in accordance with the provisions of paragraphs (2) and (3) of this regulation.
2
In regulation 5 (approval of operations), the following paragraph shall be substituted for the existing paragraph (3) —
3
Before varying an approval under paragraph (2), the Minister shall —
a
give the beneficiary notice in writing that he proposes to do so with a statement of his reasons;
b
give the beneficiary an opportunity to make written representations within such time as the Minister considers reasonable; and
c
consider any such representations.
.
3
The schedule contained in the Schedule to these Regulations shall be substituted for the existing schedule.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
6th December 2001


text:
Citation and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 4) Order 2001.
Provisions coming into force in England
2
Section 161 of the Transport Act 2000, in so far as it relates to the words “operated a local service in contravention of that section” in section 111(1)(b) of the Transport Act 1985 as substituted by paragraph 22(2) of Schedule 11, shall come into force on 20th February 2001 as respects 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 January 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Local Authorities (Changing Executive Arrangements and Alternative Arrangements) (England) Regulations 2001 and shall come into force on 12th April 2001.
2
These Regulations extend to England only and, accordingly, references in these Regulations to a local authority are references to a local authority in England .
3
In these Regulations, “the 2000 Act ” means the Local Government Act 2000.
Proposals
2
1
A local authority which is operating executive arrangements (“existing executive arrangements”), by virtue of a resolution under section 29(1) of the 2000 Act (operation of, and publicity for, executive arrangements), whether or not as applied by regulation 10(1), may draw up proposals for the operation of executive arrangements (“different executive arrangements”) which differ from the existing executive arrangements in any respect.
2
A local authority which —
a
is a local authority to which section 31 of the 2000 Act (alternative arrangements in case of certain local authorities) applies; and
b
is operating existing executive arrangements,
may draw up proposals for the operation of alternative arrangements in place of the existing executive arrangements.
3
A local authority which is operating alternative arrangements (“existing alternative arrangements”), by virtue of a resolution under section 33(2) of the 2000 Act (operation of alternative arrangements), whether or not as applied by regulation 10(2), may draw up proposals for the operation of alternative arrangements (“different alternative arrangements”) which differ from the existing alternative arrangements in any respect.
4
A local authority which is operating existing alternative arrangements may draw up proposals for the operation of executive arrangements in place of the existing alternative arrangements.
Drawing up proposals
3
1
Before drawing up proposals under regulation 2(1) which involve an executive which takes a different form, under regulation 2(2) or under regulation 2(4), a local authority must take reasonable steps to consult local government electors for, and other interested persons in, the local authority’s area.
2
Proposals under regulation 2(1) which involve an executive which takes a different form, under regulation 2(2) or under regulation 2(4) must include —
a
such details of the proposed 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.
3
In drawing up proposals under regulation 2(1) which involve an executive which takes a different form or under regulation 2(4), a local authority must decide —
a
which form the executive is to take; and
b
the extent to which the functions specified in regulations under section 13(3)(b) of the 2000 Act (functions which are the responsibility of an executive) are to be the responsibility of the executive.
4
In drawing up proposals under regulation 2, a local authority must consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
Directions
4
A local authority must comply with any directions given by the Secretary of State for the purposes of these Regulations.
Elected mayor’s consent to proposals
5
1
Subject to paragraph (2), if —
a
a local authority draws up proposals under regulation 2(1) which do not involve an executive which takes a different form; and
b
under existing executive arrangements the executive takes the form specified in section 11(2) or (4) of the 2000 Act (mayor and cabinet executive or mayor and council manager executive),
the local authority may not implement the proposals without the written consent of the elected mayor under the existing executive arrangements.
2
The consent of the elected mayor is not required under paragraph (1) if the arrangements which are the subject of the proposals mentioned in that paragraph differ from the existing executive arrangements only in respect of the operation and functions of —
a
an overview and scrutiny committee; or
b
a sub-committee of such a committee.
Requirement to hold a referendum
6
1
Where a local authority draws up proposals under —
a
regulation 2(1) which involve an executive which takes a different form and —
i
the form of executive under the existing executive arrangements; or
ii
the proposed form of executive,
is a form of executive for which a referendum is required ;
b
regulation 2(2) and the form of executive under the existing executive arrangements is a form of executive for which a referendum is required; or
c
regulation 2(4) and the proposed form of executive is a form of executive for which a referendum is required,
the authority must hold a referendum on its proposals before taking any steps to implement them.
2
Where the local authority is required to hold a referendum by virtue of paragraph (1), the local authority must also draw up an outline of proposals (“outline fall-back proposals”) which must consist of a summary of the local authority’s existing executive arrangements or its existing alternative arrangements, as the case may be.
3
A local authority may not hold such a referendum before the end of the period of two months beginning with the date on which a copy of the proposals, statement and outline fall-back proposals are sent to the Secretary of State in accordance with regulation 7.
Information to be sent to the Secretary of State
7
1
Where proposals are drawn up under regulation 2(1) which involve an executive which takes a different form, under regulation 2(2) or under regulation 2(4), the local authority must send to the Secretary of State —
a
a copy of the 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; and
ii
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
2
Where the local authority is required to hold a referendum by virtue of regulation 6, the local authority must send a copy of its outline fall-back proposals, drawn up under regulation 6(2), to the Secretary of State with the copy of the proposals and the statement referred to in paragraph (1).
3
Where proposals are drawn up under regulation 2(2), the statement referred to in paragraph (1)(b) must also specify —
a
the reasons why the local authority considers that its proposals will be more suitable for circumstances in that authority and its area than any form of executive arrangements specified in or under section 11 of the 2000 Act (local authority executives); and
b
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.
Proposals not requiring a referendum
8
Where a local authority —
a
draws up proposals under regulation 2(1) which involve an executive which takes a different form, under regulation 2(2) or under regulation 2(4); and
b
a referendum is not required for those proposals,
the authority must implement the proposals in accordance with the timetable included in the proposals.
Proposals requiring a referendum
9
1
If the result of a referendum held by virtue of regulation 6 is to reject the proposals that were the subject of the referendum, the local authority —
a
must not implement those proposals; and
b
where the local authority is operating —
i
existing executive arrangements (as summarised in its outline fall-back proposals), it must continue to operate those existing arrangements unless and until it is authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of its existing executive arrangements ;
ii
existing alternative arrangements (as summarised in its outline fall-back proposals), it must continue to operate those existing arrangements unless and until it is authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of its existing alternative arrangements .
2
Subject to paragraph (3), if the result of a referendum held by virtue of regulation 6 is to approve the proposals that were the subject of the referendum, the local authority must implement those proposals in accordance with the timetable included in the proposals.
3
Where —
a
a local authority draws up proposals under regulation 2(1) which involve an executive which takes a different form or under regulation 2(2); and
b
under existing executive arrangements the executive takes a form specified in section 11(2) or (4) of the 2000 Act (mayor and cabinet executive or mayor and council manager executive),
paragraph (4) shall apply.
4
Where this paragraph applies, the local authority must not implement the proposals until —
a
the term of office of the elected mayor under the existing executive arrangements ends; or
b
the elected mayor otherwise ceases to hold the office of elected mayor,
whichever occurs sooner.
Requirements for a resolution
10
1
Subsection (1) of section 29 (operation of, and publicity for, executive arrangements) shall apply for the purpose of operating different executive arrangements as it applies for the purpose of operating executive arrangements originally or in place of existing alternative arrangements.
2
Subsection (2) of section 33 (operation of alternative arrangements) shall apply for the purpose of operating different alternative arrangements as it applies for the purpose of operating alternative arrangements originally or in place of existing executive arrangements.
Publicity for arrangements
11
1
Where a local authority has resolved to operate —
a
different executive arrangements; or
b
different alternative arrangements,
as soon as practicable after passing such a resolution, the local authority must secure that copies of a document setting out the provisions of the different arrangements are available at its principal office for inspection by members of the public at all reasonable hours.
2
Where a local authority has resolved to operate different executive arrangements which involve an executive which takes a different form, as soon as practicable after passing such a resolution, the local authority must publish in one or more newspapers circulating in its area a notice which complies with the provisions of paragraph (3).
3
The notice referred to in paragraph (2) must —
a
state that the local authority has resolved to operate the arrangements;
b
state the date on which the local authority is to begin operating those arrangements;
c
describe the main features of those arrangements;
d
state that copies of a document setting out the provisions of those arrangements are available at the local authority’s principal office for inspection by members of the public at such times as may be specified in the notice; and
e
specify the address of the local authority’s principal office.
4
Where a referendum, required by virtue of regulation 6(1), has rejected the local authority’s proposals, as soon as practicable after the holding of the referendum, the local authority must publish in one or more newspapers circulating in its area a notice which —
a
summarises the local authority’s proposals which were the subject of the referendum;
b
states that a referendum on the local authority’s proposals rejected those proposals;
c
sets out the local authority’s outline fall-back proposals; and
d
states that the existing executive arrangements or existing alternative arrangements (as summarised in the local authority’s outline fall-back proposals), as the case may be, will continue to operate.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
15th March 2001


text:
Title, extent and commencement
1
This Order may be cited as the Potatoes Originating in Germany (Notification) (England) Order 2001, shall extend to England, and shall come into force on 15th October 2001.
Interpretation
2
1
In this Order —
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“the principal Order” means the Plant Health (Great Britain) Order 1993 ;
“German potatoes” has the meaning given to it in article 3(1);
“Germany” means the Federal Republic of Germany;
“originating in Germany” means grown in Germany during the year 2001 or subsequently;
“potato” means any tuber or true seed or any other plant of Solanum tuberosum L . or other tuber-forming species or hybrid of the genus Solanum L.; and
“seed potato” means any potato intended for planting.
2
A reference in this Order to a numbered article is a reference to the article so numbered in this Order unless otherwise stated.
Notification of imports
3
1
No person shall import into England German potatoes, that is to say, any potatoes which he knows or has reasonable cause to suspect to have originated in Germany, unless he has given written notification to an inspector, at least two days prior to the intended date of introduction into England of the potatoes, of his intention to import the potatoes and of:
a
the proposed time, date and means of introduction;
b
the proposed point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
2
Any person who, after 30th September 2001 and before the coming into force of this Order, imported German potatoes into England shall, no later than 29th October 2001, give written notification to an inspector of —
a
the date the potatoes were imported;
b
the point of entry;
c
the intended use of the potatoes;
d
in the case of seed potatoes or potatoes intended for processing, the destination or proposed destination of the potatoes;
e
the variety of the potatoes;
f
the quantity of potatoes; and
g
the producer’s identification number or the reference number of the lot.
3
In this article, “processing” means any industrial treatment, including grading, sorting, washing and packing, whether for retail sale or not.
Powers of an inspector
4
1
The provisions of this article are without prejudice to the circumstances in which an inspector may by virtue of the principal Order exercise the powers conferred by that Order.
2
On having reasonable grounds for suspecting a contravention or likely contravention of article 3, an inspector may, for the purpose of this Order, exercise —
a
the power conferred by article 22(1) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a German potato were a plant landed or likely to be landed in contravention of the principal Order; and
b
the power conferred by article 22(2) of the principal Order as read with article 24(1) to (3) of the principal Order, as if a German potato kept on or moved from premises, or likely to be so, were a plant kept on or moved from the premises in contravention of the principal Order.
3
An inspector may, for the purposes of checking compliance with this Order, exercise the powers conferred by article 25(1)(a) to (c) and 25(2) of the principal Order, as if checking compliance with the principal Order.
4
Any notice served by virtue of this article in exercise of a power conferred by article 22(1) or (2) of the principal Order shall have effect as if served under article 22(1) or (2) of the principal Order, and articles 24(4) to (6), 26 to 28, 32 and 33(1), (2) and (6) of the principal Order shall apply accordingly.
5
Any power conferred by article 25 of the principal Order which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 33(1)(a) and (c), (2) and (6) (offences)) shall apply accordingly.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
19th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cherwell Vale Primary Care Trust (Establishment) Order 2001 and shall come into force on 22nd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Cherwell Vale Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Cherwell Vale Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance and Performance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Oxfordshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Oxfordshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Oxfordshire Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Northampton Community Healthcare National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
12th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (England) Regulations 2001 and shall come into force on 4th May 2001.
2
These Regulations extend to England only .
Interpretation
2
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972;
“the 1991 Regulations ” means the Local Authorities (Members' Allowances) Regulations 1991 ;
“allowance scheme” means a scheme for allowances made pursuant to Part II of the 1991 Regulations;
“alternative arrangements” has the same meaning as in Part II of the Local Government Act 2000;
“basic allowance” has the same meaning as in regulation 8 of the 1991 Regulations;
“executive” has the same meaning as in Part II of the Local Government Act 2000;
“executive arrangements” has the same meaning as in Part II of the Local Government Act 2000;
“independent remuneration panel” means a panel or joint panel established under regulation 4 of these Regulations;
“political group” shall be construed in accordance with section 15 of the Local Government and Housing Act 1989;
“special responsibility allowance” has the same meaning as in regulation 9 of the 1991 Regulations, and
“the Association of London Government” means the body known by that name and established in April 2000 as a joint committee by all the London Borough councils and the Corporation of the City of London.
Duty to have regard to recommendations
3
Before they make or amend an allowance scheme in accordance with regulation 7 of these Regulations or regulation 6 or 7 of the 1991 Regulations, a district, county or London borough council shall have regard to the recommendations which have been made in relation to them by an independent remuneration panel.
Independent remuneration panels
4
1
An independent remuneration panel may be established —
a
by a district, county or London borough council and shall exercise the functions specified in regulation 5 in respect of that authority;
b
jointly by any district, county or London borough council and shall exercise the functions specified in regulation 5 in respect of the authorities which established it, or
c
by the Association of London Government, and shall exercise the functions specified in regulation 5 in respect of any London borough councils.
2
An independent remuneration panel shall consist of at least three members none of whom may also be a member of a district, county or London borough council.
3
A person may not be a member of an independent remuneration panel if he is disqualified from being or becoming a member of a district, county or London borough council.
4
A district, county or London borough council may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(a) or (b) in carrying out its functions and may pay the members of the panel such allowances or expenses as the district, county or London borough council for which it exercises functions may determine.
5
The Association of London Government may pay the expenses incurred by an independent remuneration panel established under paragraph (1)(c) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Association of London Government may determine.
Recommendations of panels
5
1
An independent remuneration panel shall produce a report in relation to the members of each district, county or London borough council in respect of which it exercises functions making recommendations —
a
as to the amount of basic allowance which should be payable to such members;
b
as to the duties in respect of which such members should receive a special responsibility allowance and as to the amount of such an allowance, and
c
as to whether the allowance scheme of such district, county or London borough council should include allowances in respect of the expenses of arranging for the care of children or dependants of such members in accordance with regulation 8, and as to the amount of such allowances.
2
A copy of a report made under paragraph (1) shall be sent to each district, county and London borough council in respect of which recommendations have been made.
3
An independent remuneration panel may make different recommendations in relation to each of the authorities for which it exercises functions.
Publicity for recommendations of panels
6
1
Where a district, county or London borough council receives a copy of a report made to them by an independent remuneration panel in accordance with regulation 5(1), they shall, as soon as reasonably practicable after receiving the report —
a
ensure that copies of that report are available for inspection by members of the public at the principal office of the authority, at all reasonable hours, and
b
publish in one or more newspapers circulating in their area, a notice which —
i
states that they have received recommendations from an independent remuneration panel in respect of their allowance scheme;
ii
describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in its report in respect of that authority;
iii
states that copies of the panel’s report are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice, and
iv
specifies the address of the principal office of the authority at which such copies are made available.
2
A district, county or London borough council shall supply a copy of a report sent to them by an independent remuneration panel in accordance with regulation 5(1) to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
Transitional provision for revocation of allowance schemes
7
1
Where an independent remuneration panel has produced a report in accordance with regulation 5, a district, county or London borough council may, notwithstanding regulation 7(1) of the 1991 Regulations, revoke an allowance scheme —
a
once at any time before 1st April 2002 in consequence of the coming into force of section 18(1A) of the Local Government and Housing Act 1989, and
b
at any time once that council has begun to operate —
i
executive arrangements, including where they are being operated in place of existing alternative arrangements;
ii
alternative arrangements, including where they are being operated in place of existing executive arrangements, or
iii
different executive arrangements which involve an executive which takes a different form.
2
When a scheme is revoked in accordance with paragraph (1) the district, county or London borough council shall before the revocation takes effect make a further scheme for the period beginning with the date on which the revocation takes effect.
3
A further scheme made under paragraph (2) shall include provision for an appropriate adjustment in respect of any basic allowance or special responsibility allowance which —
a
has already been paid under the previous scheme in respect of the remainder of the year from which the further scheme has effect, or
b
is to be paid in respect of any part of the year during which the previous scheme had effect.
Childcare and dependants carers' allowances
8
An allowance scheme may include provision for the payment to members of district, county or London borough councils of allowances in respect of such expenses of arranging for the care of their children or dependants as are necessarily incurred in —
a
the attendance at a meeting of the authority or of any committee or sub-committee of the authority, or of any other body to which the authority make appointments or nominations, or of any committee or sub-committee of such a body;
b
the attendance at any other meeting, the holding of which is authorised by the authority, or a committee or sub-committee of the authority, or a joint committee of the authority and one or more local authority within the meaning of section 270(1) of the 1972 Act, or a sub-committee of such a joint committee provided that —
i
where the authority are divided into two or more political groups, it is a meeting to which members of at least two such groups have been invited, or
ii
if the authority are not so divided, it is a meeting to which at least two members of the authority have been invited;
c
the attendance at a meeting of any association of authorities of which the authority are a member;
d
the attendance at a meeting of the executive or a meeting of any of its committees, where the authority are operating executive arrangements;
e
the performance of any duty in pursuance of any standing order made under section 135 of the 1972 Act requiring a member or members to be present while tender documents are opened;
f
the performance of any duty in connection with the discharge of any function of the authority conferred by or under any enactment and empowering or requiring the authority to inspect or authorise the inspection of premises, and
g
the performance of any duty in connection with arrangements made by the authority for the attendance of pupils at school approved for the purposes of section 342 (special schools) of the Education Act 1996 .
Publicity for allowance schemes
9
1
Regulation 26A of the 1991 Regulations shall not apply to district, county or London borough councils.
2
After regulation 26A (2) of the 1991 Regulations there shall be inserted —
3
This regulation is subject to regulation 9 of the Local Authorities (Members' Allowances) (England) Regulations 2001.
3
A district, county or London borough council shall, as soon as reasonably practicable after the making or amendment of an allowance scheme make arrangements for its publication by —
a
ensuring that copies of the scheme are available for inspection by members of the public at the principal office of the authority, at all reasonable hours, and
b
publishing in one or more newspapers circulating in their area, a notice which —
i
states that the authority have made or amended a scheme for allowances and specifies the period of time for which the scheme has effect;
ii
describes the main features of the scheme and specifies the amounts of each allowance mentioned in that scheme;
iii
states that in making or amending the scheme, the authority complied with their functions in accordance with regulation 3 of these regulations in having regard to the recommendations of an independent remuneration panel;
iv
describes the main features of that panel’s recommendations and specifies the recommended amounts of each allowance mentioned in its report in respect of that authority;
v
states that copies of the scheme are available at the principal office of the authority for inspection by members of the public at such times as may be specified by the authority in the notice, and
vi
specifies the address of the principal office of the authority at which such copies are made available.
4
A district, county or London borough council shall supply a copy of the scheme to any person who requests a copy and who pays to the authority such reasonable fee as the authority may determine.
5
As soon as reasonably practicable after the end of a year to which a scheme relates, a district, county or London borough council shall make arrangements for the publication within the authority’s area of the total sum paid by them in the year under the scheme to each member in respect of each of the following —
a
basic allowance;
b
special responsibility allowance;
c
attendance allowance, and
d
allowances in respect of arranging for the care of children or dependants in accordance with regulation 8.
Special responsibility allowances
10
In regulation 9 (1) (special responsibility allowance) of the 1991 Regulations, after paragraph (a) there is inserted —
aa
membership of an executive where the authority are operating executive arrangements within the meaning of Part II of the Local Government Act 2000;
Definition of “approved duty”
11
1
For regulation 16 (definition of “approved duty”) of the 1991 Regulations, there shall be substituted —
16
1
For the purposes of section 173 to 176 of the 1972 Act “approved duty” means —
a
any of the duties specified in regulation 10(3) (a) to (c) and (3A); and
b
any other duty approved by the body, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the body, or of any of its committees or sub-committees.
2
For the purposes of section 174 of the 1972 Act “approved duty” includes, in addition to the duties specified in paragraph (1) of this regulation, any duty for the purpose of, or in connection with, the discharge of the functions of an executive, where the authority are operating executive arrangements within the meaning of Part II of the Local Government Act 2000.
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
1st April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty (Disadvantaged Areas) Regulations 2001 and shall come into force on 30th November 2001.
Designation of disadvantaged areas
2
The following are designated as disadvantaged areas for the purposes of section 92 of, and Schedule 30 to, the Finance Act 2001 —
a
the areas in England specified in Schedule 1 to these Regulations;
b
the areas in Wales specified in Schedule 2 to these Regulations;
c
the areas in Scotland specified in Schedule 3 to these Regulations;
d
the areas in Northern Ireland specified in Schedule 4 to these Regulations.
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th November 2001


text:
1
These Regulations may be cited as the Immigration and Asylum Appeals (Notices) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.
2
1
The Immigration and Asylum Appeals (Notices) Regulations 2000 are amended as follows.
2
In regulation 4(4), after “acted in breach of his human rights”, there is inserted “or racially discriminated against him”.
3
After regulation 7, there is inserted —
8
Where a notice required to be given by regulation 4 is sent by postal service under regulation 7(c) to a place outside the United Kingdom, it shall, unless the contrary is proved, be deemed to have been received on the twenty-eighth day after the day on which it was posted.
.
Barbara Roche
Minister of State
Home Office
8th March 2001


text:
PART I
GENERAL
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Education (School Teacher Appraisal) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations shall apply in relation to England.
3
The Education (School Teacher Appraisal) (England) Regulations 2000 and the Education (School Teacher Appraisal) (Amendment) (England) Regulations 2000 are hereby revoked.
Breach of time limits
2
Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
PART II
PROVISIONS APPLYING TO TEACHERS EMPLOYED AT SCHOOL
Application of Part II
3
1
Part II applies to the appraisal of the performance of a teacher who —
a
is employed by a local education authority in a community, voluntary, foundation, community special, foundation special school or nursery school or by the governing body of a community, voluntary, foundation, community special or foundation special school; and
b
if he is employed under a fixed term contract of employment, is employed for a period of one school term or more;
and “teacher” in this Part shall be interpreted accordingly.
2
Regulations 6, 7, 11, 12, 14 and 16 shall not apply to a head teacher who is not employed under the terms and conditions determined by the Secretary of State by order under the School Teachers' Pay and Conditions Act 1991 .
Interpretation of Part II
4
1
In this Part —
“appraisal statement” means an appraisal statement prepared under regulation 16 in respect of a teacher;
“external adviser” means a person appointed as such by a school governing body being one of the persons on a list of advisers in relation to the appraisal of head teachers maintained by the Secretary of State;
“nursery school” means a nursery school maintained by a local education authority for which a management committee, governing body or board of governors (however described) has been constituted and which is charged with the exercise of staff management functions;
“school” means —
a community, voluntary, foundation, community special, or foundation special school; or
a nursery school;
“school day”, in relation to a school, means any day on which at that school there is a school session;
“school which has a religious character” means a foundation or voluntary school designated as a school having such a character under section 69(3) of the School Standards and Framework Act 1998 ;
“short fixed term contract” means a fixed term contract of one school term or more but less than one year; and
“teacher” has the meaning assigned to it in regulation 3.
2
In the application of Part II to a teacher employed to work at a nursery school —
“chairman of the governing body” means the chairman of the management committee, governing body or board of governors (however described) of the school;
“governing body” means the management committee, governing body or board of governors (however described) of the school; and
“governor” means a member of the management committee, governing body or board of governors (however described) of the school.
Duty to appraise
5
1
It shall be the duty of the governing body of a community, voluntary, foundation, community special, or foundation special school to secure that the performance of teachers in discharging their duties at the school is regularly appraised in accordance with this Part.
2
It shall be the duty of the local education authority responsible for maintaining a nursery school to secure that the performance in discharging their duties of teachers at the school is regularly appraised in accordance with this Part.
Appointment of appraisers for head teachers
6
1
The governing body of a school shall appoint two or three governors to be appraisers for the head teacher, and may appoint a new appraiser in place of an existing appraiser at any time.
2
No governor who is a teacher or other member of staff at the school shall be apppointed as appraiser of the head teacher.
3
Subject to paragraph (4), one or more of the appraisers of the head teacher of —
a
a school which has a religious character; or
b
a voluntary aided school which does not have a religious character,
shall be foundation governors of the school.
4
Where the governing body of a voluntary aided school appoints three governors as appraisers of the head teacher under paragraph (1), not less than two of them shall be foundation governors of the school.
Appointment of external advisers for head teachers
7
The governing body of a school shall appoint an external adviser in relation to the appraisal of the head teacher, and may appoint a new external adviser in place of an existing external adviser at any time.
Appointment of appraisers for other teachers
8
1
The head teacher shall appoint as appraiser for every other teacher at the school, a teacher at the school who may be the head teacher.
2
The head teacher may appoint a new appraiser in place of an existing appraiser at any time.
The appraisal cycle
9
1
Subject to the following provisions of this regulation, and to regulations 10 and 11, the governing body of a school shall determine the timing of the appraisal cycle for the head teacher (including an acting head teacher) and the head teacher shall determine the timing of the appraisal cycle for every other teacher at the school.
2
Except as provided for in regulation 10(4), (5), (6) and (7) the length of an appraisal cycle shall be one year.
3
Once begun, appraisal cycles for every teacher shall be continuous.
10
1
If a teacher moves to a post in another school or to a new post as a head teacher, the appraisal cycle shall begin again.
2
The governing body may determine that the length of the first appraisal cycle under these regulations of the head teacher of the school shall be a period of less than one year.
3
If a teacher other than a head teacher moves to a new post in the same school the head teacher may determine that the appraisal cycle shall begin again.
4
If a teacher becomes an acting head teacher the governing body may determine that —
a
the appraisal cycle shall begin again; and
b
the teacher shall be appraised as a head teacher.
5
Where a teacher’s appraisal cycle begins again under paragraph (1), (3) or (4)(a), the head teacher or the governing body may determine that the length of the teacher’s first appraisal cycle in his new post shall be a period of less than one year.
6
Where the teacher is employed under short fixed term contract the length of the appraisal cycle shall be the term of the contract.
7
In the case of the first appraisal cycle under these Regulations of a school teacher other than a head teacher, the head teacher may determine that the length of the cycle shall be a period of not less than nine months and not exceeding 18 months.
8
The appointment of a new appraiser or new external adviser shall not cause a teacher’s appraisal cycle to begin again.
11
The governing body shall secure that objectives have been agreed or set for the head teacher of a school in accordance with regulation 12 on or before 31st December 2001 and on or before 31st December in every subsequent year.
Planning appraisal and setting of objectives
12
1
Before or at the start of the appraisal cycle, all the appraisers of a head teacher, the external adviser and the head teacher shall meet to plan and prepare for the appraisal and to seek to agree objectives which shall include objectives relating to —
a
school leadership and management; and
b
pupil progress.
2
If objectives are not agreed under paragraph (1), the appraisers shall set the objectives for the head teacher.
3
The objectives agreed or set under this regulation shall be recorded in a written statement of objectives and in the case of objectives set under paragraph (2) the head teacher may add to it comments in writing.
13
1
This regulation applies in relation to the appraisal of a teacher who is not a head teacher.
2
Before or at the start of the appraisal cycle, the appraiser and the teacher shall meet to plan and prepare for the appraisal and to seek to agree objectives which shall include objectives relating to —
a
developing and improving the teacher’s professional practice; and
b
pupil progress.
3
If objectives are not agreed under paragraph (2), the appraiser shall record such objectives as he considers appropriate in writing, and the teacher may add comments in writing.
4
The objectives agreed under paragraph (2), or where objectives have not been agreed, the objectives recorded under paragraph (3) and the teacher’s written comments shall be recorded in a written statement of objectives.
5
Where a teacher is employed at more than one school the requirements of subsections (2) to (4) above must be met in relation to each school.
14
1
A teacher’s objectives may be revised at any time during the appraisal cycle where the teacher and his appraiser, or in the case of a head teacher all his appraisers, agree.
2
Where a teacher’s objectives are revised under this regulation —
a
his statement of objectives shall be amended to show the agreed revision;
b
references in these Regulations to his objectives shall be read as references to his revised objectives; and
c
references in these Regulations to his statement of objectives shall be read as references to his amended statement of objectives.
Classroom observation
15
1
In appraising a teacher who is not a head teacher the appraiser shall observe the teacher teaching on at least one occasion.
2
An appraiser may not without first consulting the teacher obtain from any other person information, whether written or oral, relevant to the teacher’s performance.
The appraisal interview and the appraisal statement
16
1
At or near the end of the appraisal cycle, the appraiser and the teacher, and in the case of a head teacher, all the appraisers, the external adviser and the head teacher shall hold an appraisal interview, with the objects of —
a
reviewing the teacher’s performance and identifying his achievements and aspects in which further development would be desirable;
b
assessing the extent to which the teacher has met the objectives agreed or set under regulation 12 or recorded under regulation 13(4); and
c
identifying any training and developmental needs and ways of meeting such needs.
2
Not later than the end of the period of 10 school days beginning with each appraisal interview, the appraiser or appraisers shall prepare a written appraisal statement recording the main points made by the appraiser or appraisers and the teacher at the interview and the conclusions reached, and there shall be recorded in a separate annex to the appraisal statement (which shall form part of the statement) the training and developmental needs and ways of meeting such needs identified at the interview.
3
An appraisal interview under paragraph (1) may be combined with a meeting under regulation 12 or 13 in relation to the following appraisal cycle.
4
The appraiser shall give the teacher a copy of the appraisal statement not later than the end of the period of 10 school days beginning with the date of the appraisal interview.
5
The teacher may, not later than the end of the period of 10 school days beginning with the date on which he first had access to the appraisal statement, add to it comments in writing.
Appraisal procedures
17
Subject to regulations 12 to 16, the governing body of a school shall determine any ancillary or supplementary procedures for the appraisal of the teachers at the school.
Head teacher’s report
18
1
At least once during each school year the head teacher shall make a written report to the governing body about the operation of teachers' appraisal at the school, the effectiveness of the school’s appraisal procedures, and the training and developmental needs of the teachers.
2
The governing body of a nursery school shall upon request provide a copy of the head teacher’s report to the Chief Education Officer or representative of that officer.
Review of appraisal
19
1
A teacher shall be entitled to complain about an appraisal statement not later than the end of the period of 10 school days beginning with the day on which he first had access to it.
2
The review officer in relation to a complaint by a head teacher shall be the chairman of the governing body, but where the chairman of the governing body had participated in the appraisal complained of, the governing body shall appoint one or more governors who have not participated in the appraisal complained of as review officers in relation to such complaint.
3
The review officer in relation to a complaint by a teacher who is not a head teacher shall be the head teacher, but where the appraiser is the head teacher, the review officer shall be the chairman of the governing body.
4
No governor who is a teacher or other staff member at the school shall be appointed as a review officer for a teacher at the school.
5
The review officer shall not later than the end of the period of 10 school days beginning with the day on which he was provided with a copy of the appraisal statement conduct and conclude a review of the appraisal complained of, and shall take account of any representations made by the teacher.
6
The review officer may —
a
order the appraisal statement to stand with or without observations of his own; or
b
with the agreement of the appraiser, or in the case of a head teacher all the appraisers, amend the appraisal statement; or
c
except where the teacher is employed under a short fixed term contract, order that the appraisal statement be expunged and order a new appraisal.
7
Where a new appraisal is ordered under paragraph (6)(c) —
a
in the case of a head teacher, all the appraisers shall be replaced by new appraisers appointed in accordance with regulation 6; and
b
in the case of a teacher who is not a head teacher, a new appraiser shall be appointed in accordance with regulation 8, and where the head teacher was the appraiser the review officer shall appoint as appraiser the head teacher of another school or such other person of suitable seniority, expertise and experience as he considers fit,
and subject to paragraph (8) the review officer shall determine which appraisal procedures shall be repeated.
8
The review officer shall not —
a
determine that new objectives be agreed or set in accordance with regulation 12 or 13; or
b
determine that the objectives agreed or set under regulation 12 or 13 be revised.
9
All appraisal procedures determined to be repeated where a new appraisal is ordered under paragraph (6)(c) shall be completed by not later than the end of the period of 15 school days beginning with the date on which the review officer made his order.
Use and retention of appraisal statements
20
1
This regulation applies in the case of a head teacher.
2
The appraisers shall give the appraisal statement to the chairman of the governing body.
3
The chairman of the governing body shall provide a copy of the appraisal statement to —
a
the appraisers, upon request;
b
any review officer, who shall also be given access to the statement of objectives for the appraisal cycle to which the statement relates;
c
any governors responsible for advising about, or taking decisions in relation to, the use of any discretion in relation to the head teacher’s pay, upon request;
d
in the case of the head teacher of a school which does not have a delegated budget the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the use of any discretion in relation to the head teacher’s pay, upon request; and
e
in the case of the head teacher of a nursery school the Chief Education Officer, upon request.
4
The chairman of the governing body shall provide the appraisal statement to the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the performance of head teachers pursuant to paragraph 23 of Schedule 16 and paragraph 22 of Schedule 17 to the School Standards and Framework Act 1998 , upon request.
5
The chairman of the governing body shall make a head teacher’s current statement of objectives available to a new appraiser appointed otherwise than at the beginning of an appraisal cycle.
6
The chairman of the governing body shall provide a copy of the annex to the appraisal statement referred to in regulation 16(2) to the person or persons responsible for planning the training and development of teachers at the school.
7
A head teacher shall keep a copy of his appraisal statement until at least three years after his next appraisal statement has been finalised.
8
The governing body shall keep a copy of the head’s appraisal statement until at least three years after his next appraisal statement has been finalised.
21
1
This regulation applies in the case of a teacher who is not a head teacher.
2
The appraiser shall give the appraisal statement to the head teacher.
3
The head teacher shall make the appraisal statement available to —
a
the appraiser, upon request;
b
any review officer, who shall also be given access to the statement of objectives for the appraisal cycle to which the statement relates;
c
any governors responsible for advising about, or taking decisions in relation to, the promotion of the teacher or the use of any discretion in relation to his pay, upon request; and
d
in the case of a teacher employed at a school which does not have a delegated budget the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the promotion of the teacher or the use of any discretion in relation to his pay, upon request.
4
The head teacher shall make a teacher’s current statement of objectives available to a new appraiser appointed otherwise than at the beginning of an appraisal cycle.
5
The head teacher shall provide a copy of the annex to the appraisal statement referred to in regulation 16(2) to the person or persons responsible for planning the training and development of teachers at the school.
6
The head teacher shall keep a teacher’s appraisal statement until at least three years after his next appraisal statement has been finalised.
22
1
Relevant information from appraisal statements may be taken into account by head teachers, school governing bodies (including committees of governing bodies), Chief Education Officers or any officers or advisers specifically designated by a Chief Education Officer under regulation 20(3)(d), 20(4) or 21(3)(d) in taking decisions, and in advising those responsible for taking decisions, about the performance, promotion, dismissal or discipline of teachers or the use of any discretion in relation to pay.
2
Appraisal procedures shall not form part of any disciplinary or dismissal procedures.
PART III
PROVISIONS APPLYING TO CERTAIN TEACHERS EMPLOYED BY THE LOCAL EDUCATION AUTHORITY OTHER THAN IN CERTAIN NURSERY SCHOOLS
Application of Part III
23
Part III applies to the appraisal of the peformance of a teacher who is employed by a local education authority under the terms and conditions determined by the Secretary of State by Order under Section 2 of the School Teachers' Pay and Conditions Act 1991 and who —
a
is not attached to a particular school (other than a pupil referral unit); or
b
is employed to work in a nursery school to which part II does not apply;
and if he is employed under a fixed term contract of employment, is employed for a period of twelve weeks or more.
Interpretation of Part III
24
In this Part —
“appraisal statement” means an appraisal statement prepared under regulation 34 in respect of a teacher;
“authority” in relation to a teacher to whom part III applies means the local education authority by which he is employed;
“Chief Education Officer” includes (except in regulation 35(3)) any officer specifically designated by the Chief Education Officer with responsibility for carrying out any function of the Chief Education Officer under this Part;
“head teacher” means a teacher paid as a head under the School Teachers' Pay and Conditions Act 1991;
“pupil referral unit” has the meaning given to that expression in section 19(2) of the Education Act 1996 ;
“short fixed term contract” means a fixed term contract of 12 weeks or more but less than one year;
“teacher” means a teacher to whom regulation 23 applies;
“working day” means any day except Saturday and Sunday, which is not a public holiday.
Duty to appraise
25
It shall be the duty of the local education authority to secure that the performance in discharging their duties of teachers employed by them is regularly appraised in accordance with this Part.
Appointment of appraisers
26
1
The Chief Education Officer shall appoint an appraiser for every teacher to whom this part applies.
2
The Chief Education Officer may appoint a new appraiser in place of an existing appraiser at any time.
The appraisal cycle
27
1
Subject to the following provisions of this regulation, and to regulations 28 and 29, the Chief Education Officer shall determine the timing of the appraisal cycle for the head teacher and every teacher employed by the authority to whom this Part applies.
2
Except as provided for in paragraphs (3), (4) and (5) of this regulation and regulation 28(3) the length of an appraisal cycle shall be one year.
3
The Chief Education Officer may determine that the length of the first appraisal cycle under these Regulations of a teacher other than a head teacher shall be a period of not less than nine months and not exceeding 18 months.
4
The Chief Education Officer may determine that the length of the first appraisal cycle under these Regulations of a head teacher shall be a period of less than one year.
5
Where the teacher is employed under a short fixed term contract the length of the appraisal cycle shall be the term of the contract.
6
Once begun, appraisal cycles for every teacher shall be continuous.
28
1
If a teacher moves to a new post in the local education authority the appraisal cycle may begin again.
2
If a teacher becomes an acting head teacher the Chief Education Officer may determine that —
a
the appraisal cycle shall begin again; and
b
the teacher shall be appraised as a head teacher.
3
Where the Chief Education Officer determines that a teacher’s appraisal cycle shall begin again under paragraph (1) or (2)(a), they may also determine that the length of the teacher’s first appraisal cycle in his new post shall be a period of less than one year.
4
The appointment of a new appraiser shall not cause a teacher’s appraisal cycle to begin again.
29
The Chief Education Officer shall secure that:
a
objectives have been agreed or set for every head teacher in accordance with regulation 30 on or before 31st December 2001 and on or before 31st December in every subsequent year; and
b
objectives have been recorded in relation to every teacher who is not a head teacher, in accordance with regulation 31 on or before 28th February 2002.
30
1
This regulation applies in relation to the appraisal of all teachers including head teachers.
2
Before or at the start of the appraisal cycle, the appraiser and the teacher shall meet to plan and prepare for the appraisal and to seek to agree objectives which shall include objectives relating to —
a
in the case of a head teacher —
i
leadership and management; and
ii
pupil progress, or where the head teacher does not have sufficient direct contact with pupils to enable a direct measure of progress, his contribution to pupil progress;
b
in the case of a teacher who is not a head teacher —
i
developing and improving the teacher’s professional practice; and
ii
pupil progress, or where the teacher does not have sufficient direct contact with pupils to enable a direct measure of progress, his contribution to pupil progress.
3
If objectives are not agreed under paragraph (2), the appraiser shall record such objectives as he considers appropriate in writing, and the teacher may add comments in writing.
4
The objectives agreed under paragraph (2), or where objectives have not been agreed, the objectives recorded under paragraph (3) and the teacher’s written comments shall be recorded in a written statement of objectives.
31
1
A teacher’s objectives may be revised at any time during the appraisal cycle where the teacher and his appraiser agree.
2
Where a teacher’s objectives are revised under this regulation —
a
his statement of objectives shall be amended to show the agreed revision;
b
references in this Part to his objectives shall be read as references to his revised objectives; and
c
references in this Part to his statement of objectives shall be read as references to his amended statement of objectives.
Teaching observation
32
1
Subject to paragraph (3) in appraising a teacher who is not a head teacher the appraiser shall observe the teacher teaching on at least one occasion.
2
An appraiser may not without first consulting the teacher obtain from any other person (save for a person appointed in accordance with paragraph (3)) information, whether written or oral, relevant to the teacher’s performance.
3
Any observation of a teacher may be undertaken by a suitably experienced person, appointed by the appraiser, who shall provide a report to the appraiser and feedback to the teacher.
The appraisal interview and the appraisal statement
33
1
At or near the end of the appraisal cycle, the appraiser, and the teacher shall hold an appraisal interview, with the objects of —
a
reviewing the teacher’s performance and identifying his achievements and aspects in which further development would be desirable;
b
assessing the extent to which the teacher has met the objectives agreed or set under regulation 30 or recorded under regulation 30(4); and
c
identifying any training and developmental needs and ways of meeting such needs.
2
Not later than the end of the period of 10 working days beginning with each appraisal interview, the appraiser shall prepare a written appraisal statement recording the main points made by the appraiser and the teacher at the interview and the conclusions reached, and there shall be recorded in a separate annex to the appraisal statement (which shall form part of the statement) the training and developmental needs and ways of meeting such needs identified at the interview.
3
The appraiser shall give the teacher a copy of the appraisal statement not later than the end of the period of 10 working days beginning with the date of the appraisal interview.
4
The teacher may, not later than the end of the period of 10 working days beginning with the date on which he first had access to the appraisal statement, add to it comments in writing.
Appraisal procedures
34
Subject to regulations 30 to 33, the Chief Education Officer shall determine any ancillary or supplementary procedures for the appraisal of teachers in the area of his authority.
Review of appraisal
35
1
A teacher shall be entitled to complain about an appraisal statement not later than the end of the period of 10 working days beginning with the day on which he first had access to it.
2
Subject to subparagraph (3) the review officer shall be the Chief Education Officer.
3
Where the Chief Education Officer (in person) has participated in the appraisal complained of the review officer shall be the Chief Executive of the authority.
4
The review officer shall not later than the end of the period of 10 working days beginning with the day on which he was provided with a copy of the appraisal statement conduct and conclude a review of the appraisal complained of, and shall take account of any representations made by the teacher.
5
The review officer may —
a
order the appraisal statement to stand with or without observations of his own; or
b
with the agreement of the appraiser, amend the appraisal statement; or
c
except in the case of a teacher employed under a short fixed term contract, order that the appraisal statement be expunged and order a new appraisal.
6
Where a new appraisal is ordered under paragraph (5)(c) the appraisal shall not be conducted by the person who conducted the original appraisal and subject to paragraph (7) the review officer shall determine which appraisal procedures shall be repeated.
7
The review officer shall not —
a
determine that new objectives be agreed or set in accordance with regulation 30 or 31; or
b
determine that the objectives agreed or set in accordance with regulation 30 or 31 be revised.
8
All appraisal procedures determined to be repeated where a new appraisal is ordered under paragraph (6)(c) shall be completed by not later than the end of the period of 15 working days beginning with the date on which the review officer made his order.
Chief Education Officer’s Report
36
At least once a year, the Chief Education Officer shall make a written report to the local education authority about the operation of teachers' appraisal in the authority’s area, the effectiveness of the authority’s appraisal procedures and the training and developmental needs of the teachers.
37
1
This regulation applies in the case of any teacher who may be a head teacher.
2
The appraiser shall give the appraisal statement to the Chief Education Officer.
3
The Chief Education Officer shall make the appraisal statement available to —
a
the appraiser, upon request;
b
any review officer, who shall also be given access to the statement of objectives for the appraisal cycle to which the statement relates;
c
any officer of the authority responsible for advising about, or taking decisions in relation to, the promotion of the teacher or the use of any discretion in relation to his pay, upon request.
4
The Chief Education Officer shall make a teacher’s current statement of objectives available to a new appraiser appointed otherwise than at the beginning of an appraisal cycle.
5
The Chief Education Officer shall provide a copy of the annex to the appraisal statement referred to in regulation 33(2) to the person or persons responsible for planning the training and development of teachers at the pupil referral unit, nursery school or in the education service.
6
The Chief Education Officer shall keep a teacher’s appraisal statement until at least three years after his next appraisal statement has been finalised.
38
1
Relevant information from appraisal statements may be taken into account by Chief Education Officers in taking decisions, and in advising those responsible for taking decisions, about the performance, promotion, dismissal or discipline of teachers or the use of any discretion in relation to pay.
2
Appraisal procedures shall not form part of any disciplinary or dismissal procedures.
PART IV
TRANSITIONAL PROVISIONS
Transitional provision
39
Regulations 20 to 22 shall apply in relation to —
a
appraisal records produced and maintained under the Education (School Teacher Appraisal) Regulations 1991; and
b
appraisal statements produced and maintained under the Education (School Teacher Appraisal) Regulations 2000,
as they apply in relation to appraisal statements and review documents produced and maintained under these Regulations.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridge City Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Cambridge City Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Cambridge City Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Cambridgeshire Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make officers of the Authority available to the trust during the preparatory period.
3
The Lifespan Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Notification of Change of Circumstances) Regulations 2001 and shall come into force on 18th October 2001.
Notification for purposes of sections 111A and 112 of the Social Security Administration Act 1992
2
Regulations 3 to 5 below prescribe the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Social Security Administration Act 1992 (offences relating to failure to notify a change of circumstances).
Change affecting jobseeker’s allowance
3
1
Where the benefit affected by the change of circumstances is a jobseeker’s allowance, notice must be given or sent to the Secretary of State in writing (except where he determines in any particular case that he will accept a notice other than in writing) at the office that the claimant is required to attend in accordance with a notification given to him under regulation 23 of the Jobseeker’s Allowance Regulations 1996 .
2
In this regulation “Secretary of State” includes a person designated as an employment officer by an order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995 .
Change affecting housing benefit or council tax benefit
4
1
Where the benefit affected by the change of circumstances is housing benefit or council tax benefit, notice must be given or sent in writing to the relevant authority at —
a
the designated office; or
b
in a case where notification at another office is permitted under regulation 75 of the Housing Benefit (General) Regulations 1987 or regulation 65 of the Council Tax Benefit (General) Regulations 1992 (duty to notify changes for claims and payments purposes), that other office.
2
In this regulation “designated office” and “relevant authority” have the same meaning as in the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992.
Change affecting other benefit payment or advantage
5
1
Where the benefit or other payment or advantage affected by the change of circumstances is not a jobseeker’s allowance, housing benefit or council tax benefit, notice must be given or sent to the Secretary of State in writing (except where he determines in any particular case that he will accept a notice other than in writing) at the appropriate office.
2
In this regulation “the appropriate office” has the same meaning as in the Social Security (Claims and Payments) Regulations 1987 .
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
26th September 2001