text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2001 and shall come into force on 1st September 2001.
2
The Education (Mandatory Awards) Regulations 2001 shall be amended as follows.
3
In paragraph 10(1) of Schedule 2, the existing sub-paragraph (e) becomes sub-paragraph (b) and the existing sub-paragraph (f) becomes sub-paragraph (c).
4
In paragraph 14(2) of Schedule 2 —
a
in sub-paragraph (a)(i) substitute for the amount “£85” the amount “£114.75”;
b
in sub-paragraph (a)(ii) substitute for the amount “£127.50” the amount “£170”;
c
in sub-paragraph (b)(i) substitute for the amount “£70” the amount “£94.50”; and
d
in sub-paragraph (b)(ii) substitute for the amount “£105” the amount “£140”.
5
For paragraph 14(3) of Schedule 2, substitute the following paragraph:
3
With reference to the calculation set out in paragraph 13, where the amount (Y − Z) exceeds X, the amount payable under sub-paragraph (2) shall be reduced by the amount of that excess.
.
6
In paragraph 1(1)(o) of Schedule 3 delete the words “or family credit”.
7
For paragraph 1(1)(s) of Schedule 3, substitute the following paragraph —
s
any payments made to the student out of access bursary funds or hardship funds paid to the institution at which he attends his course under section 65 of the Further and Higher Education Act 1992 , or sections 73 and 74 of the Education (Scotland) Act 1980 or out of access funds under article 30 of the Education and Libraries (Northern Ireland) Order 1993 or article 5 of the Further Education (Northern Ireland) Order 1997 .
.
Margaret Hodge
Minister of State,
Department for Education and Skills
18th July 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth City Primary Care Trust (Establishment) Order 2001 and shall come into force on 28th 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 Portsmouth City Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Portsmouth City Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Portsmouth and South East Hampshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Portsmouth and South East Hampshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Portsmouth Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Portsmouth Hospitals 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
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
18th February 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Road Traffic (Vehicle Testing) Act 1999 (Commencement No. 1) Order 2001.
2
In this Order “the 1999 Act ” means the Road Traffic (Vehicle Testing) Act 1999.
Provisions coming into force
2
1
Section 1(3) of the 1999 Act shall come into force on 1st June 2001 in so far as it relates to the insertion of subsection (6B) in section 45 of the Road Traffic Act 1988.
2
Section 3 of the 1999 Act shall come into force on 1st June 2001.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th May 2001


text:
Citation and Commencement
1
This order shall be cited as the Plymouth Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Plymouth Education Action Zone” means the Education Action Zone established by the Plymouth Education Action Zone Order 1998 .
Extension of the Plymouth Education Action Zone Order 1998
3
The Plymouth Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Plymouth Education Action Zone Order 1998
4
1
The Plymouth Education Action Zone Order 1998 is varied as follows:
2
After article 5(1)(v) the following words are inserted, “(w) persons from zone schools who appear to the forum to be able to further the objects of the zone.”
3
The words in 5(1), “The Forum may at any time appoint — ” are deleted and substituted with, “The Forum may at any time appoint a total of not more than 19 additional members from the following categories — ”.
4
Articles 5(a), and (t) are deleted.
5
The words “up to five additional members from” are deleted from article 5(b), and the words “one additional member from”, are deleted from articles 5(c), (f), (g), (i), (j), (k), (n), (q), (r), (s) and (u).
6
The words “up to three additional members from”, are deleted from 5(h).
7
The words “either one or two additional members from”, are deleted from article 5(l), (m), (o), (p).
8
The words “up to four additional members from” are deleted from article 5(v).
9
The words in article 5(d) are deleted and substituted with, “persons who are members and representatives of the City Council Executive Committee,”.
10
The words in article 5(e) are deleted and substituted with, “persons appearing to them to represent Connexions Cornwall and Devon”.
11
The words in Schedule 1 after, “The following persons are “partners” for the purposes of appointing additional members of the Forum:”, are deleted and instead is substituted:
Plymouth 2020 Partnership
The Council of the City of Plymouth
The National Trust
The Learning and Skills Council Devon and Cornwall
.
5
There shall be inserted after article 9 of the Plymouth Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a), 4(d) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(1)(w), if that person no longer appears to the forum to be able to further the objects of the zone.
e
in the case of a member appointed pursuant to article 5, (e) or (i), (l), (m), (n), (o), (p), (q), (r), (s), (u) and (v), if that person no longer appears to the Forum to represent either; Connexions Cornwall and Devon; the local Education Business Partnership; support staff at zone schools; teaching staff at the zone schools and nominated by the teachers' consultative committee; Devon and Cornwall Constabulary; community groups or the voluntary sector in the area served by the zone schools; the economic development and urban regeneration department, or the lifelong learning department, of the Council of the City of Plymouth; the South and West Devon Health Authority and the Health Action Zone; the Employment Service in the area served by the zone schools; or the pupils within the zone schools, as the case may be; and
f
in the case of a member appointed pursuant to article 5(b), (f), (g), (h), (j) or (k), if that person no longer appears to the Forum to represent the interests of either: business in the area served by the zone schools; the Exeter Diocesan Board of Education; the Plymouth Diocesan Board of Education; parents whose children attend zone schools; or institutions within the higher education sector, or the further education sector, in the area served by the zone schools, as the case may be.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
Citation and commencement
1
1
This Order may be cited as the Yarmouth (Isle of Wight) Harbour Revision (Constitution) Order 2001 and shall come into force on 18th June 2001.
2
The Yarmouth (Isle of Wight) Harbour Orders 1931 to 1996 and this Order may be cited together as the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2001.
Incorporation of provisions of Commissioners Clauses Act 1847
2
Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88, 96, 97, 99 to 102, 104 and 109 to 111 of the Commissioners Clauses Act 1847 (so far as applicable to and not inconsistent with the Yarmouth (Isle of Wight) Harbour Orders 1931 to 2001), shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Commissioners” means the Yarmouth (Isle of Wight) Harbour Commissioners;
“the Councils” means the Councils referred to in article 4(2)(b) below;
“the new constitution date” means 1st July 2001.
Constitution of Commissioners
4
1
This article shall have effect so that the first appointments of Commissioners made after the new constitution date under paragraph (2)(a) below shall be made by the Commissioners appointed before that date and all subsequent appointments to be made by the Commissioners under that paragraph or article 9 below shall be made by the Commissioners appointed after that date.
2
Subject to article 6 below, on and after the new constitution date, the Commissioners shall consist of —
a
four persons appointed by the Commissioners in consultation with the advisory body or bodies established pursuant to article 15 below;
b
four persons appointed jointly by the Isle of Wight Council, Yarmouth Town Council, Freshwater Parish Council and Totland Parish Council; and
c
the Chief Executive of the Commissioners.
3
Each Commissioner appointed under paragraph (2) above shall be a person who appears to those persons making the appointment to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
in the case of a Commissioner appointed under subparagraph (a) of that paragraph —
i
commercial management;
ii
accountancy or financial management;
iii
harbours and marine related leisure activities;
iv
ferry operations;
b
in the case of a Commissioner appointed under subparagraph (b) of that paragraph —
i
health and safety;
ii
local transport, community relations and interests;
iii
coastal environment;
iv
the laws relating to England;
and the Commissioners and the Councils respectively shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
4
In making an appointment under paragraph (2) above or article 9 below, the Commissioners and the Councils respectively shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
The first appointments under article 4(2)(a) and (b) above shall be made on, or as soon as reasonably practicable after, 18th June 2001 and of the Commissioners so appointed —
a
one shall be appointed by the Commissioners and shall hold office from the new constitution date until 31st May 2002;
b
one shall be appointed by the Councils and shall hold office from the new constitution date until 31st May 2002;
c
three shall be appointed by the Councils and shall hold office from the new constitution date until 31st May 2003;
d
three shall be appointed by the Commissioners and shall hold office from the new constitution date until 31st May 2004;
as the Commissioners and the Councils respectively shall specify when they make each of those appointments.
Transitional co-opted Commissioners
6
To ensure that the Commissioners have sufficient experience for the efficient exercise of their functions on and after the new constitution date, the Commissioners appointed before that date shall before that date co-opt from their number the chairman and four other Commissioners to serve, in addition to the Commissioners appointed under article 4 above, as co-opted Commissioners for a period of six months beginning on the new constitution date.
Terms of office of subsequent Commissioners
7
A Commissioner appointed under article 4(2)(a) or (b) above (other than a Commissioner appointed under article 5 above or article 9 below) shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st June next following his appointment.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
9
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners or the Councils shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners or the Councils (as the case may be) in accordance with article 4(3) and (4) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
10
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from the meetings of the Commissioners —
i
during a period when three such meetings have been held; or
ii
for a period of three consecutive months;
whichever of those periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
11
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
12
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Chief Executive of Commissioners
13
The clerk of the Commissioners shall on and after the coming into force of this Order be known as the Chief Executive of the Commissioners and references to the clerk in any local enactment or in any document applicable to the Commissioners shall be construed accordingly.
Publication of Commissioners' annual statement of accounts
14
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
b
send a copy of the statement to the Isle of Wight Council.
Advisory bodies
15
1
The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall make arrangements for every such advisory body to meet not less than twice a year.
3
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
4
The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate.
5
Appointments to an advisory body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
6
Any such advisory body may determine its own quorum and procedure and shall appoint a chairman.
7
An individual member of any such advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
8
A member of such an advisory body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
9
A member of such an advisory body may resign his office at any time by notice in writing given to the chairman of the Commissioners.
10
In this article, “the harbour” has the meaning given in article 2 of the Yarmouth (Isle of Wight) Harbour Revision Order 1971 as extended by article 3 of the Yarmouth (Isle of Wight) Habour Revision Order 1996 .
Repeals and revocations
16
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed or revoked to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division
Department for Transport, Local Government and the Regions
14th June 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Disabled Children (Direct Payments) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations “ the Act ” means the Children Act 1989.
3
These Regulations extend to England only.
Persons from whom services may not be secured by means of a direct payment
2
1
In the case of a direct payment being made to a person falling within section 17A(2)(a) of the Act, the following persons are of a prescribed description for the purposes of section 17A(3) of the Act —
a
the spouse of the payee;
b
a person who lives with the payee as his spouse;
c
a person living in the same household as the payee who is the payee's —
i
parent or parent-in-law;
ii
son or daughter;
iii
son-in-law or daughter-in-law;
iv
stepson or stepdaughter;
v
brother or sister;
vi
aunt or uncle, or
vii
grandparent;
d
the spouse of any person specified in sub-paragraph (c) who lives in the same household as the payee, and
e
a person who lives with any person specified in sub-paragraph (c) as that person’s spouse.
2
In the case of a direct payment being made to a person falling within section 17A(2)(b) of the Act, the following persons are of a prescribed description for the purposes of section 17A(3) of the Act —
a
the spouse of the payee;
b
a person who lives with the payee as his spouse;
c
a person living in the same household as the payee who is the payee's —
i
parent or parent-in-law,
ii
brother or sister,
iii
aunt or uncle, or
iv
grandparent;
d
the spouse of any person specified in sub-paragraph (c) who lives in the same household as the payee; and
e
a person who lives with any person specified in sub-paragraph (c) as that person’s spouse.
Maximum period of residential accommodation which may be secured by means of a direct payment
3
The power to make a payment under section 17A(1) of the Act shall not be exercisable in relation to the provision of residential accommodation for any disabled child —
a
for a period in excess of 28 days; and
b
in any period of 12 months for periods which exceed 120 days in total.
John Hutton
Minister of State, Secretary of State for Health
15th February 2001


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2001 and shall come into force on 9th April 2001.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in sub-paragraph (4)(a), for the amount of £145 there shall be substituted the amount of £150;
b
in sub-paragraph (4)(b), for the amounts of £19 and £145 respectively there shall be substituted the amounts of £20 and £150 respectively.
Revocation
3
The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 1999 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
12th March 2001


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Disqualification until Test Passed) (Prescribed Offence) Order 2001 and shall come into force on 31st January 2002.
Offences to which section 36(1) of the Road Traffic Offenders Act 1988 applies
2
An offence under section 3A of the Road Traffic Act 1988 (causing death by careless driving when under the influence of drink or drugs) which is committed on or after 31st January 2002, and any person committing such an offence, are prescribed for the purposes of section 36(1) of the Road Traffic Offenders Act 1988.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
Citation and commencement
1
This Order shall be cited as the Leicester (South and West) Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“Leicester (South and West) Education Action Zone” means the Education Action Zone established by the Leicester (South and West) Education Action Zone Order 1998 .
Extension of the Leicester Education Action Zone
3
The Leicester Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the Leicester Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Leicester (South and West) Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances:
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(a), (b), (c) or (d), if that person no longer appears to the Forum to represent the interests of either parents of pupils at zone schools, or voluntary sector or community interests, from the relevant estate, or to represent the interests of teachers at zone schools, as the case may be.
5
1
The Leicester (South and West) Education Action Zone Order 1998 is varied as follows:
2
The words “(c) one person appointed by each partner unless any partner chooses not to make such an appointment.” are deleted from article 4 and in their place is inserted,
c
one person appointed by Leicester City Council;
d
three persons appointed by the zone partners (excluding Leicester City Council).
3
Article 5 is deleted and in its place is inserted;
5
The Forum may at any time appoint —
a
one member who appears to them to represent the interests of parents of pupils of compulsory school age at the zone schools, or voluntary sector or community interests, on the Braunstone Estate;
b
one member who appears to them to represent the interests of parents of pupils of compulsory school age at the zone schools, or voluntary sector or community interests, on the New Parks Estate;
c
one member who appears to them to represent the interests of parents of pupils of compulsory school age at the zone schools, or voluntary sector or community interests, on the Saffron Lane Estate;
d
one member who appears to them to represent the interests of teachers at zone schools;
e
not more than six additional co-opted members;
4
The following words are deleted from Schedule 1:
“Leicester TEC, Unit 17, Meridian Business Park, Meridian East, Leicester, LE3 2WZ”, “Leicester Chamber of Commerce and Industry, Commerce House, 4-6 New Street, Leicester, LE1 5NT”, “Philharmonia Orchestra, 76 Great Portland Street, London, W1 6HA” and “Princes Trust, PYBT, Enterprise Centre, Boston Road, Leicester, LE4 1HB”.
5
The following words are inserted into Schedule 1 after “Leicester City Football Club, Filbert Street, Leicester, LE2”,:
“Leicestershire Education Business Company, Meridian East, Meridian Business Park, Leicester, LE3 2WZ”, “Learning and Skills Council, Meridian East, Meridian Business Park, Leicester, LE3 2WZ”, “Advantica Technologies Limited, Asby Road, Loughborough, Leicestershire, LE11 3GR”, “Leicester College, Aylestone Lane, Leicester, LE2 7LW”, “Inglehurst Infants School” and “Inglehurst Junior School”.
6
The following words are to be deleted from Schedule 2:
“Alderman Newton School”, “Mary Linwood School”, “New Parks Community College”, “New Parks House Primary School”, “Rowley Fields Community College”, “Wycliffe Community College”.
7
The following words are to be inserted into Schedule 2:
a
after “Marriott Primary School”, the words “New College, Leicester”;
b
after “Newry Junior School” the words “Parks Primary School”;
c
after “Queensmead” the words “Riverside Community College”.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment (No. 4) Regulations 2001 and shall come into force on 29th May 2001.
2
These Regulations extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
In Schedule 1 to the National Health Service (General Dental Services) Regulations 1992 (terms of service for dentists), for paragraph 17 (occasional treatment) substitute —
17
1
Whether or not a patient has entered into a continuing care arrangement or capitation arrangement with another dentist, a dentist who is not acting on behalf of that dentist may provide any of the items listed in sub-paragraph (2) as occasional treatment.
2
For the purposes of sub-paragraph (1) the listed items are —
a
the assessment of, and the giving of advice to, a patient,
b
the issuing of a prescription,
c
a radiographic examination and radiological report,
d
the dressing of deciduous or permanent teeth and other palliative treatment,
e
the repair and refixing of inlays, crowns and bridges,
f
the extraction of deciduous or permanent teeth,
g
the provision of post-operative care,
h
the provision of sedation,
i
the provision, replacement, repair or alteration of dentures or other dental appliances,
j
urgent treatment for acute conditions of the gingivae or oral mucosa, including treatment for pericoronitis or for ulcers and herpetic lesions, and any necessary oral hygiene instruction in connection with such treatment,
k
any treatment immediately necessary as a result of trauma,
l
domiciliary visits and recalled attendance,
m
conservative treatment of permanent or retained deciduous teeth, including root fillings, and
n
in respect of patients aged under 18, conservative treatment of deciduous teeth.
3
Where the dentist, due to any cause beyond his control, is unable to complete a course of occasional treatment which he has commenced, he shall forthwith notify the Board in writing of the extent of the occasional treatment he has provided and the reason he is unable to complete the remainder of the treatment.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th May 2001


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Maintenance Calculation Procedure) Regulations 2000.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support Act 1991;
“date of notification to the non-resident parent” means the date on which the non-resident parent is first given notice of a maintenance application;
“effective application” means as provided for in regulation 3;
“date of receipt” means the date on which the information or document is actually received;
“effective date” means the date on which a maintenance calculation takes effect for the purposes of the Act;
“notice of a maintenance application” means notice by the Secretary of State under regulation 5(1) that an application for a maintenance calculation has been made, or treated as made, in relation to which the non-resident parent is named as a parent of the child to whom the application relates;
“ Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
“maintenance period” has the same meaning as in section 17(4A) of the Act ;
“relevant person” means —
a person with care;
a non-resident parent;
a parent who is treated as a non-resident parent under regulation 8 of the Maintenance Calculations and Special Cases Regulations;
where the application for a maintenance calculation is made by a child under section 7 of the Act, that child, in respect of whom a maintenance calculation has been applied for, or has been treated as applied for under section 6(3) of the Act, or is or has been in force.
3
The provisions in Schedule 1 shall have effect to supplement the meaning of “child” in section 55 of the Act.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered Part is to the Part of these Regulations bearing that number;
b
to a numbered Schedule is to the Schedule to these Regulations bearing that number;
c
to a numbered regulation is to the regulation in these Regulations bearing that number;
d
in a regulation or Schedule to a numbered paragraph is to the paragraph in that regulation or Schedule bearing that number; and
e
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
5
These Regulations shall come into force in relation to a particular case on the day on which the amendments to sections 5, 6, 12, 46, 51, 54 and 55 of the Act made by the Child Support, Pensions and Social Security Act 2000 come into force in relation to that type of case.
Documents
2
Except where otherwise stated, where —
a
any document is given or sent to the Secretary of State, that document shall be treated as having been so given or sent on the day that it is received by the Secretary of State; and
b
any document is given or sent to any other person, that document shall, if sent by post to that person’s last known or notified address, be treated as having been given or sent on the day that it is posted.
PART II
APPLICATIONS FOR A MAINTENANCE CALCULATION
Applications under section 4 or 7 of the Act
3
1
A person who applies for a maintenance calculation under section 4 or 7 of the Act need not normally do so in writing, but if the Secretary of State directs that the application be made in writing, the application shall be made either by completing and returning, in accordance with the Secretary of State’s instructions, a form provided for that purpose, or in such other written form as the Secretary of State may accept as sufficient in the circumstances of any particular case.
2
An application for a maintenance calculation is effective if it complies with paragraph (1) and, subject to paragraph (4), is made on the date it is received.
3
Where an application for a maintenance calculation is not effective the Secretary of State may request the person making the application to provide such additional information or evidence as the Secretary of State may specify and, where the application was made on a form, the Secretary of State may request that the information or evidence be provided on a fresh form.
4
Where the additional information or evidence requested is received by the Secretary of State within 14 days of the date of his request, or at a later date in circumstances where the Secretary of State is satisfied that the delay was unavoidable, he shall treat the application as made on the date on which the earlier or earliest application would have been treated as made had it been effective.
5
Where the Secretary of State receives the additional information or evidence requested by him more than 14 days from the date of the request and in circumstances where he is not satisfied that the delay was unavoidable, the Secretary of State shall treat the application as made on the date of receipt of the information or evidence.
6
Subject to paragraph (7), a person who has made an effective application may amend or withdraw the application at any time before a maintenance calculation is made and such amendment or withdrawal need not be in writing unless, in any particular case, the Secretary of State requires it to be.
7
No amendment made under paragraph (6) shall relate to any change of circumstances arising after the effective date of a maintenance calculation resulting from an effective application.
Multiple applications
4
1
The provisions of Schedule 2 shall apply in cases where there is more than one application for a maintenance calculation.
2
The provisions of paragraphs 1, 2 and 3 of Schedule 2 relating to the treatment of two or more applications as a single application shall apply where no request is received for the Secretary of State to cease acting in relation to all but one of the applications.
3
Where, under the provisions of paragraph 1, 2 or 3 of Schedule 2, two or more applications are to be treated as a single application, that application shall be treated as an application for a maintenance calculation to be made with respect to all of the qualifying children mentioned in the applications, and the effective date of that maintenance calculation shall be determined by reference to the earlier or earliest application.
Notice of an application for a maintenance calculation
5
1
Where an effective application has been made under section 4 or 7 of the Act, or is treated as made under section 6(3) of the Act, as the case may be, the Secretary of State shall as soon as is reasonably practicable notify, orally or in writing, the non-resident parent and any other relevant persons (other than the person who has made, or is treated as having made, the application) of that application and request such information as he may require to make the maintenance calculation in such form and manner as he may specify in the particular case.
2
Where the person to whom notice is being given under paragraph (1) is a non-resident parent, that notice shall specify the effective date of the maintenance calculation if one is to be made, and the ability to make a default maintenance decision.
3
Subject to paragraph (4), a person who has provided information under paragraph (1) may amend the information he has provided at any time before a maintenance calculation is made and such information need not be in writing unless, in any particular case, the Secretary of State requires it to be.
4
No amendment under paragraph (3) shall relate to any change of circumstances arising after the effective date of any maintenance calculation made in response to the application in relation to which the information was requested.
Death of a qualifying child
6
1
Where the Secretary of State is informed of the death of a qualifying child with respect to whom an application for a maintenance calculation has been made or has been treated as made, he shall —
a
proceed with the application as if it had not been made with respect to that child if he has not yet made a maintenance calculation;
b
treat any maintenance calculation already made by him as not having been made if the relevant persons have not been notified of it and proceed with the application as if it had not been made with respect to that child.
2
Where all of the qualifying children with respect to whom an application for a maintenance calculation has been made have died, and either the calculation has not been made or the relevant persons have not been notified of it, the Secretary of State shall treat the application as not having been made.
PART III
DEFAULT MAINTENANCE DECISIONS
Default rate
7
1
Where the Secretary of State makes a default maintenance decision under section 12(1) of the Act (insufficient information to make a maintenance calculation or to make a decision under section 16 or 17 of the Act) the default rate is as set out in paragraph (2).
2
The default rate for the purposes of section 12(5)(b) of the Act shall be —
£30 where there is one qualifying child of the non-resident parent;
£40 where there are two qualifying children of the non-resident parent;
£50 where there are three or more qualifying children of the non-resident parent,
apportioned, where the non-resident parent has more than one qualifying child and in relation to them there is more than one person with care, as provided in paragraph 6(2) of Part I of Schedule 1 to the Act.
3
Subject to paragraph (4), where any apportionment made under this regulation results in a fraction of a penny that fraction shall be treated as a penny if it is either one half or exceeds one half, otherwise it shall be disregarded.
4
If, in making the apportionment required by this regulation, the effect of the application of paragraph (3) would be such that the aggregate amount of child support maintenance payable by a non-resident parent would be different from the aggregate amount payable before any apportionment, the Secretary of State shall adjust that apportionment so as to eliminate that difference; and that adjustment shall be varied from time to time so as to secure that, taking one week with another and so far as is practicable, each person with care receives the amount which she would have received if no adjustment had been made under this paragraph.
PART IV
REDUCED BENEFIT DECISIONS
Interpretation of Part IV
8
1
For the purposes of this Part —
“applicable amount” is to be construed in accordance with Part IV of the Income Support Regulations and regulations 83 to 86 of the Jobseeker’s Allowance Regulations ;
“benefit week”, in relation to income support has the same meaning as in the Income Support Regulations, and in relation to jobseeker’s allowance has the same meaning as in the Jobseeker’s Allowance Regulations;
“Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“parent concerned” means the parent with respect to whom a reduced benefit decision is given;
“reduced benefit decision ” has the same meaning as in section 46(10)(b) of the Act; and
“relevant benefit” has the same meaning as in section 46(10)(c) of the Act.
2
In this Part references to a reduced benefit decision as being “in operation”, “suspended” or “in force” shall be construed as follows —
a
a reduced benefit decision is “in operation” if, by virtue of that decision, relevant benefit is currently being reduced;
b
a reduced benefit decision is “suspended” if —
i
after that decision has been given, relevant benefit ceases to be payable, or becomes payable at one of the rates indicated in regulation 14(4) or, as the case may be, regulation 15(4);
ii
at the time the reduced benefit decision is given, relevant benefit is payable at one of the rates indicated in regulation 15(4) or, as the case may be, regulation 16(4),
and these Regulations provide for relevant benefit payable from a later date to be reduced by virtue of the same reduced benefit decision; and
c
a reduced benefit decision is “in force” if it is either in operation or suspended and cognate terms shall be construed accordingly.
Period within which reasons are to be given
9
The period specified for the purposes of section 46(2) of the Act (for the parent to supply her reasons) is 4 weeks from the date on which the Secretary of State serves notice under that subsection.
Circumstances in which a reduced benefit decision shall not be given
10
The Secretary of State shall not give a reduced benefit decision where —
a
income support is paid to, or in respect of, the parent in question and the applicable amount of the claimant for income support includes one or more of the amounts set out in paragraph 15(3), (4) or (6) of Part IV of Schedule 2 to the Income Support Regulations ; or
b
an income-based jobseeker’s allowance is paid to, or in respect of, the parent in question and the applicable amount of the claimant for an income-based jobseeker’s allowance includes one or more of the amounts set out in paragraph 20(4), (5) or (7) of Schedule 1 to the Jobseeker’s Allowance Regulations .
Amount of and period of reduction of relevant benefit under a reduced benefit decision
11
1
The reduction in the amount payable by way of a relevant benefit to, or in respect of, the parent concerned and the period of such reduction by virtue of a reduced benefit decision shall be determined in accordance with paragraphs (2) to (8) below.
2
Subject to paragraph (6) and regulations 12, 13, 14, and 15, there shall be a reduction for a period of 156 weeks from the day specified in the reduced benefit decision under the provisions of section 46(8) of the Act in respect of each such week equal to —
0.4 × B
where
B is an amount equal to the weekly amount in relation to the week in question, specified in column (2) of paragraph 1(1) (e) of Schedule 2 to the Income Support Regulations.
3
Subject to paragraph (4), a reduced benefit decision shall come into operation on the first day of the second benefit week following the date of the reduced benefit decision.
4
Subject to paragraph (5), where a reduced benefit decision (“the subsequent decision”) is made on a day when a reduced benefit decision (“the earlier decision”) is in force in respect of the same parent, the subsequent decision shall come into operation on the day immediately following the day on which the earlier decision ceased to be in force.
5
Where the relevant benefit is income support and the provisions of regulation 26(2) of the Social Security (Claims and Payments) Regulations 1987 (deferment of payment of different amount of income support) apply, a reduced benefit decision shall come into operation on such later date as may be determined by the Secretary of State in accordance with those provisions.
6
Where the benefit payable is income support or an income-based jobseeker’s allowance and there is a change in the benefit week whilst a reduced benefit decision is in operation, the period of the reduction specified in paragraph (2) shall be a period greater than 155 weeks but less than 156 weeks and ending on the last day of the last benefit week falling entirely within the period of 156 weeks specified in that paragraph.
7
Where the weekly amount specified in column (2) of paragraph 1(1)(e) of Schedule 2 to the Income Support Regulations changes on a day when a reduced benefit decision is in operation, the amount of the reduction of income support or income-based jobseeker’s allowance shall be changed from the first day of the first benefit week to commence for the parent concerned on or after the day that weekly amount changes.
8
Only one reduced benefit decision in relation to a parent concerned shall be in force at any one time.
Modification of reduction under a reduced benefit decision to preserve minimum entitlement to relevant benefit
12
Where in respect of any benefit week the amount of the relevant benefit that would be payable after it has been reduced following a reduced benefit decision would, but for this regulation, be nil or less than the minimum amount of that benefit that is payable as determined —
a
in the case of income support, by regulation 26(4) of the Social Security (Claims and Payments) Regulations 1987;
b
in the case of an income-based jobseeker’s allowance, by regulation 87A of the Jobseeker’s Allowance Regulations ,
the amount of that reduction shall be decreased to such extent as to raise the amount of that benefit to the minimum amount that is payable.
Suspension of a reduced benefit decision when relevant benefit ceases to be payable
13
1
Where relevant benefit ceases to be payable to, or in respect of, the parent concerned at a time when a reduced benefit decision is in operation, that reduced benefit decision shall, subject to paragraph (2), be suspended for a period of 52 weeks from the date the relevant benefit ceases to be payable.
2
Where a reduced benefit decision has been suspended for a period of 52 weeks and no relevant benefit is payable at the end of that period, it shall cease to be in force.
3
Where a reduced benefit decision is suspended and relevant benefit again becomes payable to, or in respect of, the parent concerned, the amount payable by way of that benefit shall, subject to regulations 14 and 15, be reduced in accordance with that reduced benefit decision for the balance of the reduction period.
4
The amount or, as the case may be, the amounts of that reduction to be made during the balance of the reduction period shall be determined in accordance with regulation 11(2).
5
No reduction in the amount of benefit under paragraph (3) shall be made before the expiry of a period of 14 days from service of the notice specified in paragraph (6), and the provisions of regulation 11(3) shall apply as to the date the reduced benefit decision again comes into operation.
6
Where relevant benefit again becomes payable to, or in respect of, a parent with respect to whom a reduced benefit decision is suspended, she shall be notified in writing by the Secretary of State that the amount of relevant benefit paid to, or in respect of, her will again be reduced, in accordance with the provisions of paragraph (3), if she falls within section 46(1) of the Act.
Suspension of a reduced benefit decision when a modified applicable amount is payable (income support)
14
1
Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned but her applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that decision shall be suspended for so long as her applicable amount falls to be calculated under the provisions mentioned in that paragraph, or 52 weeks, whichever period is the shorter.
2
Where a reduced benefit decision is given or is in operation at a time when income support is payable to, or in respect of, the parent concerned, but her applicable amount includes a residential allowance under regulation 17 of, and paragraph 2A of Schedule 2 to, the Income Support Regulations (applicable amounts for persons in residential care and nursing homes), that decision shall be suspended for as long as her applicable amount includes a residential allowance under that regulation and Schedule 2, or 52 weeks, whichever period is the shorter.
3
Where a case falls within paragraph (1) or (2) and a reduced benefit decision has been suspended for 52 weeks, it shall cease to be in force.
4
The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under —
a
regulation 19 of, and Schedule 4 to, the Income Support Regulations (applicable amounts for persons in residential care and nursing homes) ;
b
regulation 21 of, and paragraphs 1 to 3 of Schedule 7 to, the Income Support Regulations (patients) ;
c
regulation 21 of, and paragraphs 10B, 10C and 13 of Schedule 7 to, the Income Support Regulations (persons in local authority or residential accommodation) .
Suspension of a reduced benefit decision when a modified applicable amount is payable (income-based jobseeker’s allowance)
15
1
Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker’s allowance is payable to, or in respect of, the parent concerned but her applicable amount falls to be calculated under the provisions mentioned in paragraph (4), that reduced benefit decision shall be suspended for so long as the applicable amount falls to be calculated under those provisions, or 52 weeks, whichever is the shorter.
2
Where a reduced benefit decision is given or is in operation at a time when an income-based jobseeker’s allowance is payable to, or in respect of, the parent concerned but her applicable amount includes a residential allowance under regulation 83(c) of, and paragraph 3 of Schedule 1 to, the Jobseeker’s Allowance Regulations (persons in residential care or nursing homes) , that reduced benefit decision shall be suspended for so long as the applicable amount includes such a residential allowance, or 52 weeks, whichever is the shorter.
3
Where a case falls within paragraph (1) or (2) and a reduced benefit decision has been suspended for 52 weeks, it shall cease to be in force.
4
The provisions of paragraph (1) shall apply where the applicable amount in relation to the parent concerned falls to be calculated under —
a
regulation 85 of, and paragraph 1 or 2 of Schedule 5 to, the Jobseeker’s Allowance Regulations (patients) ;
b
regulation 85 of, and paragraphs 8, 9 or 15 of Schedule 5 to, the Jobseeker’s Allowance Regulations (persons in local authority or residential accommodation) ; or
c
regulation 86 of, and Schedule 4 to, the Jobseeker’s Allowance Regulations (applicable amounts for persons in residential care and nursing homes) .
Termination of a reduced benefit decision
16
A reduced benefit decision shall cease to be in force —
a
where the parent concerned —
i
withdraws her request under section 6(5) of the Act;
ii
complies with her obligation under section 6(7) of the Act; or
iii
consents to take a scientific test (within the meaning of section 27A of the Act);
b
where following written notice under section 46(6)(b) of the Act, the parent concerned responds to such notice and the Secretary of State considers there are reasonable grounds;
c
subject to regulation 13, where relevant benefit ceases to be payable to, or in respect of, the parent concerned; or
d
where a qualifying child with respect to whom a reduced benefit decision is in force applies for a maintenance calculation to be made with respect to him under section 7 of the Act and a calculation is made in response to that application in respect of all the qualifying children in relation to whom the parent concerned falls within section 46(1) of the Act.
Reduced benefit decisions where there is an additional qualifying child
17
1
Where a reduced benefit decision is in operation, or would be in operation but for the provisions of regulations 14 and 15, and the Secretary of State gives a further reduced benefit decision with respect to the same parent concerned in relation to an additional qualifying child of whom she is a parent with care, the earlier reduced benefit decision shall cease to be in force.
2
Where a further reduced benefit decision comes into operation in a case falling within paragraph (1), the provisions of regulation 11 shall apply to it.
3
Where —
a
a reduced benefit decision (“the earlier decision”) has ceased to be in force by virtue of regulation 13(2); and
b
the Secretary of State gives a further reduced benefit decision (“the further decision”) with respect to the same parent concerned where that parent falls within section 46(1) of the Act,
as long as the further decision remains in force, no additional reduced benefit decision shall be brought into force with respect to that parent in relation to one or more children to whom the earlier decision was given.
4
Where a case falls within paragraph (1) or (3) and the further decision, but for the provisions of this paragraph, would cease to be in force by virtue of the provisions of regulation 16, but the earlier decision would not have ceased to be in force by virtue of the provisions of regulation 16, the further reduced benefit decision shall remain in force for a period calculated in accordance with regulation 11.
5
In this regulation “additional qualifying child” means a qualifying child of whom the parent concerned is a parent with care and who was either not such a qualifying child at the time the earlier decision was given or had not been born at the time the earlier decision was given.
Suspension and termination of a reduced benefit decision where the sole qualifying child ceases to be a child or where the parent concerned ceases to be a person with care
18
1
Where a reduced benefit decision is in operation and —
a
there is, in relation to that decision, only one qualifying child, and that child ceases to be a child within the meaning of the Act; or
b
the parent concerned ceases to be a person with care,
the decision shall be suspended from the last day of the benefit week during the course of which the child ceases to be a child within the meaning of the Act, or the parent concerned ceases to be a person with care, as the case may be.
2
Where, under the provisions of paragraph (1), a decision has been suspended for a period of 52 weeks and no relevant benefit is payable at that time, it shall cease to be in force.
3
If during the period specified in paragraph (2) the former child again becomes a child within the meaning of the Act or the parent concerned again becomes a person with care and relevant benefit is payable to, or in respect of, that parent, a reduction in the amount of that benefit shall be made in accordance with the provisions of paragraphs (3) to (6) of regulation 13.
Notice of termination of a reduced benefit decision
19
Where a reduced benefit decision ceases to be in force under the provisions of regulation 16, 17 or 18 the Secretary of State shall serve notice of this on the parent concerned and shall specify the date on which the reduced benefit decision ceases to be in force.
Rounding provisions
20
Where any calculation made under this Part results in a fraction of a penny, that fraction shall be treated as a penny if it exceeds one half and shall otherwise be disregarded.
PART V
MISCELLANEOUS PROVISIONS
Persons who are not persons with care
21
1
For the purposes of the Act the following categories of person shall not be persons with care —
a
a local authority;
b
a person with whom a child who is looked after by a local authority is placed by that authority under the provisions of the Children Act 1989 , except where that person is a parent of such a child and the local authority allow the child to live with that parent under section 23(5) of that Act;
c
in Scotland, a family or relative with whom a child is placed by a local authority under the provisions of section 26 of the Children (Scotland) Act 1995 .
2
In paragraph (1) above —
“family” means family other than such family defined in section 93(1) of the Children (Scotland) Act 1995;
“local authority” means, in relation to England, a county council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly and, in relation to Wales, a county council or a county borough council, and, in relation to Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ; and
“a child who is looked after by a local authority” has the same meaning as in section 22 of the Children Act 1989 or section 17(6) of the Children (Scotland) Act 1995 as the case may be.
Authorisation of representative
22
1
A person may authorise a representative, whether or not legally qualified, to receive notices and other documents on his behalf and to act on his behalf in relation to the making of applications and the supply of information under any provisions of the Act or these Regulations.
2
Where a person has authorised a representative for the purposes of paragraph (1) who is not legally qualified, he shall confirm that authorisation in writing to the Secretary of State.
PART VI
NOTIFICATIONS FOLLOWING CERTAIN DECISIONS
Notification of a maintenance calculation
23
1
A notification of a maintenance calculation made under section 11 or 12(2) of the Act (interim maintenance decision) shall set out, in relation to the maintenance calculation in question —
a
the effective date of the maintenance calculation;
b
where relevant, the non-resident parent’s net weekly income;
c
the number of qualifying children;
d
the number of relevant other children;
e
the weekly rate;
f
the amounts calculated in accordance with Part I of Schedule 1 to the Act and, where there has been agreement to a variation or a variation has otherwise been taken into account, the Child Support (Variations) Regulations 2000 ;
g
where the weekly rate is adjusted by apportionment or shared care, or both, the amount calculated in accordance with paragraph 6, 7 or 8, as the case may be, of Part I of Schedule 1 to the Act; and
h
where the amount of child support maintenance which the non-resident parent is liable to pay is decreased in accordance with regulation 9 or 11 of the Maintenance Calculations and Special Cases Regulations (care provided in part by local authority and non-resident parent liable to pay maintenance under a maintenance order), the adjustment calculated in accordance with that regulation.
2
A notification of a maintenance calculation made under section 12(1) of the Act (default maintenance decision) shall set out the effective date of the maintenance calculation, the default rate, the number of qualifying children on which the rate is based, whether any apportionment has been applied under regulation 7 and shall state the nature of the information required to enable a decision under section 11 of the Act to be made by way of section 16 of the Act.
3
Except where a person gives written permission to the Secretary of State that the information in relation to him, mentioned in sub-paragraphs (a) and (b) below, may be conveyed to other persons, any document given or sent under the provisions of paragraph (1) or (2) shall not contain —
a
the address of any person other than the recipient of the document in question (other than the address of the office of the officer concerned who is exercising functions of the Secretary of State under the Act) or any other information the use of which could reasonably be expected to lead to any such person being located;
b
any other information the use of which could reasonably be expected to lead to any person, other than a qualifying child or a relevant person, being identified.
4
Where a decision as to a maintenance calculation is made under section 11 or 12 of the Act, a notification under paragraph (1) or (2) shall include information as to the provisions of sections 16, 17 and 20 of the Act.
Notification when an applicant under section 7 of the Act ceases to be a child
24
Where a maintenance calculation has been made in response to an application by a child under section 7 of the Act and that child ceases to be a child for the purposes of the Act, the Secretary of State shall immediately notify, so far as that is reasonably practicable —
a
the other qualifying children who have attained the age of 12 years and the non-resident parent with respect to whom that maintenance calculation was made; and
b
the person with care.
PART VII
EFFECTIVE DATES OF MAINTENANCE CALCULATIONS
Effective dates of maintenance calculations
25
1
Subject to regulations 26 to 29, where no maintenance calculation is in force with respect to the person with care or the non-resident parent, the effective date of a maintenance calculation following an application made under section 4 or 7 of the Act, or treated as made under section 6(3) of the Act, as the case may be, shall be the date determined in accordance with paragraphs (2) to (4) below.
2
Where the application for a maintenance calculation is made under section 4 of the Act by a non-resident parent, the effective date of the maintenance calculation shall be the date that an effective application is made or treated as made under regulation 3.
3
Where the application for a maintenance calculation is —
a
made under section 4 of the Act by a person with care;
b
treated as made under section 6(3) of the Act; or
c
made by a child under section 7 of the Act,
the effective date of the maintenance calculation shall be the date of notification to the non-resident parent.
4
For the purposes of this regulation, where the Secretary of State is satisfied that a non-resident parent has intentionally avoided receipt of a notice of a maintenance application he may determine the date of notification to the non-resident parent as the date on which the notification would have been given to him but for such avoidance.
5
Where in relation to a decision made under section 11 of the Act a maintenance calculation is made to which paragraph 15 of Schedule 1 to the Act applies, the effective date of the calculation shall be the beginning of the maintenance period in which the change of circumstance to which the calculation relates occurred or is expected to occur.
Effective dates of maintenance calculations — maintenance order and application under section 4 or 7
26
1
This regulation applies, subject to regulation 28, where —
a
no maintenance calculation is in force with respect to the person with care or the non-resident parent;
b
an application for a maintenance calculation is made under section 4 or 7 of the Act; and
c
there is a maintenance order in force, made on or after the date prescribed for the purposes of section 4(10)(a) of the Act, in relation to the person with care and the non-resident parent and that order has been in force for at least one year prior to the date the application for a maintenance calculation is made.
2
The effective date of the maintenance calculation shall be two months and two days after the application is made.
Effective dates of maintenance calculations — maintenance order and application under section 6
27
1
This regulation applies, subject to regulation 28, where —
a
the circumstances set out in regulation 26(1)(a) apply;
b
an application for a maintenance calculation is treated as made under section 6(3) of the Act; and
c
there is a maintenance order in force in relation to the person with care and the non-resident parent.
2
The effective date of the maintenance calculation shall be 2 days after the maintenance calculation is made.
Effective dates of maintenance calculations — maintenance order ceases
28
Where —
a
a maintenance calculation is made; and
b
there was a maintenance order in force in relation to the person with care and the non-resident parent which ceased to have effect after the date on which the application for the maintenance calculation was made but before the effective date provided for in regulation 25 or 26 as the case may be,
the effective date of the maintenance calculation shall be the day following that on which the maintenance order ceased to have effect.
Effective dates of maintenance calculations in specified cases
29
Where an application for a maintenance calculation is made under section 4 or 7 of the Act, or treated as made under section 6(3) of the Act —
a
except where the parent with care has made a request under section 6(5) of the Act, where in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, there has been in force a maintenance calculation in respect of the same non-resident parent and child but a different person with care, the effective date of the maintenance calculation made in respect of the application shall be the day following the day on which the previous maintenance calculation ceased to have effect;
b
where a maintenance calculation (“the existing calculation”) is in force with respect to the person who is the person with care in relation to the application but who is the non-resident parent in relation to the existing calculation, the effective date of the calculation shall be a date not later than 7 days after the date of notification to the non-resident parent which is the day on which a maintenance period in respect of the existing calculation begins.
PART VIII
REVOCATION, SAVINGS AND TRANSITIONAL PROVISIONS
Revocation and savings
30
1
Subject to paragraph (2), the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall be revoked with respect to a particular case with effect from the date that these Regulations come into force with respect to that type of case (“the commencement date”).
2
Subject to regulation 31(2), where before the commencement date in respect of a particular case —
a
an application was made and not determined for —
i
a maintenance assessment;
ii
a departure direction; or
iii
a revision or supersession of a decision;
b
the Secretary of State had begun but not completed a revision or supersession of a decision on his own initiative;
c
any time limit provided for in Regulations for making an application for a revision or a departure direction had not expired; or
d
any appeal was made but not decided or any time limit for making an appeal had not expired,
the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of —
aa
the decision on the application referred to in sub-paragraph (a);
bb
the revision or supersession referred to in sub-paragraph (b);
cc
the ability to apply for the revision or the departure direction referred to in sub-paragraph (c) and the decision whether to revise or to give a departure direction following any such application;
dd
any appeal outstanding or made during the time limit referred to in sub-paragraph (d); or
ee
any revision, supersession, appeal or application for a departure direction in relation to a decision, ability to apply or appeal referred to in sub-paragraphs (aa) to (dd) above.
3
Where immediately before the commencement date in respect of a particular case an interim maintenance assessment was in force, the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of the decision under section 17 of the Act to make a maintenance assessment calculated in accordance with Part I of Schedule 1 to the 1991 Act before its amendment by the 2000 Act and any revision, supersession or appeal in relation to that decision.
4
Where after the commencement date a maintenance assessment is revised, cancelled or ceases to have effect from a date which is prior to the commencement date, the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall apply for the purposes of that cancellation or cessation.
5
Where under regulation 28(1) of the Child Support (Transitional Provisions) Regulations 2000 an application for a maintenance calculation is treated as an application for a maintenance assessment, the provisions of the Child Support (Maintenance Assessment Procedure) Regulations 1992 shall continue to apply for the purposes of the determination of the application and any revision, supersession or appeal in relation to any such assessment made.
6
For the purposes of this regulation —
a
“departure direction”, “maintenance assessment” and “interim maintenance assessment” have the same meaning as in section 54 of the Act before its amendment by the 2000 Act;
b
“revision or supersession” means a revision or supersession of a decision under section 16 or 17 of the Act before their amendment by the 2000 Act;
c
“2000 Act” means the Child Support, Pensions and Social Security Act 2000.
Transitional provision — effective dates and reduced benefit decisions
31
1
Where a maintenance assessment is in force with respect to a non-resident parent or a parent with care and an application for a maintenance calculation is made to which regulation 29 applies, that regulation shall apply as if references to a maintenance calculation in force were to a maintenance assessment in force.
2
Where —
a
the application for a maintenance assessment was made before the date prescribed for the purposes of section 4(10)(a) of the Act; and
b
the effective date of the maintenance assessment, if it were a maintenance assessment to which the Assessment Procedure Regulations applied (“the assessment effective date”) would be later than the effective date provided for in these Regulations,
the application shall be treated as an application for a maintenance calculation and the effective date of that maintenance calculation shall be the assessment effective date.
3
Paragraphs (4) to (7) shall apply where, on or before the commencement date, section 6 of the former Act applied to the parent with care.
4
Where a maintenance assessment was made with an effective date, applying the Assessment Procedure Regulations, or the Maintenance Arrangements and Jurisdiction Regulations , which is before the prescribed date and on or after the commencement date the parent with care notifies the Secretary of State that she is withdrawing her authorisation under subsection (1) of that section, these Regulations shall apply as if the notification were a request not to act under section 6(5) of the Act.
5
Where a maintenance assessment was not made because section 6(2) of the former Act applied, these Regulations shall apply as if section 6(5) of the Act applied.
6
Where a maintenance assessment was not made, section 6(2) of the former Act did not apply and a reduced benefit direction was given under section 46(5) of the former Act, these Regulations shall apply as if the reduced benefit direction were a reduced benefit decision made under section 46(5) of the Act, from the same date and with the same effect as the reduced benefit direction.
7
Where a maintenance assessment was not made, the parent with care failed to comply with a requirement imposed on her under section 6(1) of the former Act and the Secretary of State was in the process of serving a notice or considering reasons given by the parent with care under section 46(2) or (3) of the former Act, these Regulations shall apply as if the Secretary of State was in the process of serving a notice or considering reasons under section 46(2) or (3) of the Act.
8
For the purposes of this regulation —
a
“2000 Act” means the Child Support, Pensions and Social Security Act 2000;
“Assessment Procedure Regulations” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 ;
“commencement date” means with respect to a particular case the date these Regulations come into force with respect to that type of case;
“former Act” means the Act before its amendment by the 2000 Act;
“Maintenance Arrangements and Jurisdiction Regulations” means the Child Support (Maintenance Arrangements and Jurisdiction) Regulations 1992 ;
“maintenance assessment” has the meaning given in the former Act; and
“prescribed date” means the date prescribed for the purposes of section 4(10)(a) of the Act;
b
references in paragraphs (4) to (7) to sections 6(5), 46(5) and 46(2) and (3) of the Act mean those provisions as substituted by the 2000 Act; and
c
in the application of the Assessment Procedure Regulations for the purposes of paragraph (4) where, on or after the prescribed date, no maintenance enquiry form, as defined in those Regulations, is given or sent to the absent parent, the Regulations shall be applied as if references in regulation 30 —
i
to the date when the maintenance enquiry form was given or sent to the absent parent were to the date of notification to the non-resident parent;
ii
to the return by the absent parent of the maintenance enquiry form containing his name, address and written confirmation that he is the parent of the child or children in respect of whom the application was made were to the provision of this information by the non-resident parent; and
d
in the application of the Maintenance Arrangements and Jurisdiction Regulations for the purposes of paragraph (4), where, on or after the prescribed date no maintenance enquiry form, as defined in the Assessment Procedure Regulations, is given or sent to the absent parent, regulation 3(8) shall be applied as if the reference to the date when the maintenance enquiry form was given or sent were a reference to the date of notification to the non-resident parent.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
18th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carlisle and District Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th 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 Carlisle and District 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 Carlisle and District Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North Cumbria Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Cumbria Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The North Lakeland 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
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Great Yarmouth Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Great Yarmouth 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 Great Yarmouth Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Norfolk 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 Norfolk Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The James Paget 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
11th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Justices of the Peace (Commission Areas) (Amendment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order “the 1999 Order ” means the Justices of the Peace (Commission Areas) Order 1999 .
Amendments to the 1999 Order
2
1
After the word “committee” in article 1(2) of the 1999 Order there shall be added the words “; and “the GLMCA ” means the Greater London Magistrates' Courts Authority referred to in section 30A(1) of the Justices of the Peace Act 1997 ”.
2
For the Schedule to the 1999 Order there shall be substituted the Schedule to this Order.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
Dated 5th March 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (Amendment) (No. 4) Regulations 2001; they extend to the United Kingdom and shall come into force at 11.45 p.m. on 18th May 2001.
Amendment to the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001
2
1
The Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001 are amended in accordance with this regulation.
2
In regulation 1(2) of those Regulations, for “18th May 2001” substitute “19th June 2001”.
3
In regulation 2(1) of those Regulations for the definition of “the Decision” substitute —
“the Decision” means Commission Decision 2001/356/ EC of 4th May 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Commission Decision 2001/172/EC ;
.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
18th May 2001.


text:
1
This Order may be cited as the A49 Trunk Road in Cheshire (County of Shropshire Border to the Borough of Warrington Border) (Detrunking) Order 2001 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan”
means the plan, numbered HA10/PS/250, consisting of sheets 1-3 and marked “The A49 Trunk Road in Cheshire (County of Shropshire Border to the Borough of Warrington Border) (Detrunking) Order 2001”, signed by authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, 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 purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A49 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 Transport, Local Government and the Regions
Kevin Lasbury
Highways Agency
21st November 2001


text:
1
This Order may be cited as the Elections (Welsh Forms) Order 2001 and shall come into force on 4th April 2001.
2
1
“Annibynnol” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the Representation of the People Act 1983 .
2
The form of words in Welsh which is prescribed by paragraph (1) may be used as well as or in place of the equivalent word in English at a parliamentary election in Wales.
3
1
“Annibynnol” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of a candidate in a nomination paper by rule 4(3)(b) of the rules in Schedule 2 to the Local Elections (Principal Areas) Rules 1986 .
2
The form of words in Welsh which are prescribed by paragraph (1) may be used as well as or in place of the equivalent word in English at a county council or county borough council election in Wales.
4
1
“Y Llefarydd yn ailymgeisio” is hereby prescribed as the form of words in Welsh for the words “The Speaker seeking re-election” which are specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the Representation of the People Act 1983.
2
The form of words in Welsh which is prescribed by paragraph (1) may be used in place of the equivalent words in English at a parliamentary election in Wales.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
27th March 2001


text:
Citation, interpretation and application
1
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 6) Order 2001.
2
In this Order references to sections are references to sections of the Local Government Act 2000.
3
This Order applies in relation to England only.
Provisions coming into force on 19th February 2001
2
The following provisions shall come into force on 19th February 2001 —
a
section 45, in so far as not already in force; and
b
sections 99 and 100, with the exception of subsection (4) of section 99 and so much of subsection (3) of section 99 as relates to subsection (4).
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 February 2001


text:
Citation and commencement
1
This Order may be cited as the NCIS Service Authority (Budget Statement) Order 2001 and shall come into force on 1st August 2001.
Interpretation
2
In this Order:
a
“the 1997 Act ” means the Police Act 1997;
b
“ the Authority ” means the NCIS Service Authority;
c
“NCIS” means the National Criminal Intelligence Service; and
d
“operating costs” includes any remuneration, including pensions, payable to and in respect of the Authority’s officers and employees, the cost of any accommodation occupied by the Authority and the cost of any services provided to the Authority.
Preparation of budget statement
3
1
In preparing a budget statement for a financial year, the Authority shall, in addition to the matters set out in section 16A(3)(a) to (e) of the 1997 Act, also take account of —
a
the expenditure the Authority estimates it will incur in the year in performing its functions (“operating costs”); and
b
the estimated expenses and allowances payable to the Authority members for the year.
Contents of budget statement
4
1
A budget statement submitted under section 16A(1) of the 1997 Act for a financial year shall contain the following information —
a
a summary of the expenditure which the Director General of NCIS estimates will be incurred in connection with NCIS in the year;
b
any income which it is estimated will be received in that year, whether by way of payments under section 18A of the 1997 Act , or by way of charges imposed by the Authority under section 19 of the 1997 Act, or otherwise;
c
the financial reserves of the Authority and the reserves which it estimates it will be appropriate to raise in the year for meeting its estimated future expenditure;
d
the current and proposed level of borrowing of the Authority;
e
a record of the views expressed by all members of the Authority on the budget statement;
f
the efficiency savings which it is estimated will be made in the year;
g
the Authority’s estimate of its operating costs in the year;
h
the Authority’s estimate of the expenses and allowances payable to its members for the year; and
i
any underspend or overspend estimated for the current year.
2
In addition to the information required by paragraph (1) above to be included in the budget statement, the statement may contain any other information which the Authority believes would assist the Secretary of State in determining the amount of the grant to be made to the Authority under section 17 of the 1997 Act .
Bob Ainsworth
Parliamentary Under-Secretary of State Home Office
5th July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2001 and shall come into force on 31st January 2001.
Amendments to the Social Security (Contributions) Regulations 1979
2
1
Amend regulation 53A of the Social Security (Contributions) Regulations 1979 (notification of commencement or cessation of payment of Class 2 or Class 3 contributions) as follows.
2
In paragraph (1) after “notify” insert “the relevant date to”.
3
After paragraph (3) add —
4
Subject to paragraph (9) of this regulation, where a person becomes liable to pay a Class 2 contribution and fails to notify immediately the Inland Revenue in accordance with paragraph (1) of this regulation, he shall be liable to a penalty of £100.
5
The penalty referred to in paragraph (4) of this regulation shall be incurred on the following date —
a
in the case of a failure which first occurs on or after 31st January 2001 and continues throughout the period of 3 calendar months beginning with the first day of the calendar month following that in which he becomes liable to pay a Class 2 contribution, the date after the day on which that period ends; or
b
in the case of a failure which first occurs before 31st January 2001 and continues throughout the period beginning with that date and ending on 30th April 2001, 1st May 2001.
6
The penalty referred to in paragraph (4) of this regulation may be imposed by a notice of decision by an officer of the Inland Revenue under section 8(1)(k)(ii) of the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 within 6 years after the date on which the penalty is incurred in accordance with the provisions of paragraph (5) of this regulation.
7
The penalty referred to in paragraph (4) of this regulation —
a
shall be due and payable at the end of the period of 30 days beginning with the date of the issue of the notice of decision referred to in paragraph (6) of this regulation; and
b
shall be recoverable as if it were a Class 2 contribution due and payable.
8
The Inland Revenue may, in their discretion, mitigate or remit any penalty imposed in accordance with the provisions of this regulation, or stay or compound any proceedings for it.
9
For the purposes of paragraph (4) of this regulation, a person shall be deemed not to fail to notify immediately the Inland Revenue in accordance with paragraph (1) of this regulation if that person —
a
notifies the Inland Revenue within such further time, if any, as the Inland Revenue may allow;
b
has a reasonable excuse for not notifying the Inland Revenue and, if that excuse ceases, notifies the Inland Revenue without unreasonable delay after it ceases; or
c
shows to the satisfaction of the Inland Revenue that his earnings met the conditions set out in regulation 25(1) of these Regulations (earnings for the purposes of certificates of exception) for the purposes of section 11(4) of the Social Security Contributions and Benefits Act 1992 throughout the period beginning on the date on which he became liable to pay a Class 2 contribution and ending on the date on which he notified the Inland Revenue.
.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (FirstMark Carrier Services (UK) Limited) Order 2001 and shall come into force on 16th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State E-Commerce and Competitiveness,
Department of Trade and Industry
12th July 2001


text:
Title, application and commencement
1
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No.11) Order 2001 and applies to England.
2
Article 2(6) shall come into force on 4th September 2001 and all other provisions shall come into force on 1st September 2001.
Amendment of the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 (in this Order referred to as the “1983 Order”), in so far as it applies to England, is amended in accordance with the provisions of this article.
2
In article 3(1) immediately after the definition of “highway” there shall be inserted the following —
“hunt kennel” means premises registered under article 13 of the Animal By-Products Order 1999 where animal by-products are fed to recognised packs of hounds;
3
In articles 20(1), 21(1), 32(1) and 33(1) for the words “a slaughterhouse or knacker’s yard” there shall be substituted the words “a slaughterhouse, knacker’s yard or hunt kennel”.
4
In articles 20(1)(a) and 32(1)(a) after the words “a knacker’s yard” there shall be inserted the words “or hunt kennel”.
5
In article 29A(2)(a), after the words “not more than three persons” there shall be inserted the words “who are authorised by the occupier or”.
6
In article 29A(2)(b), for the words “grouse, pheasant or partridge” there shall be substituted the words “any birds”.
7
For article 29B there shall be substituted the following —
Markets, fairs, shows or other gatherings of animals and sales
29B
No person shall —
a
use any premises for a fair, market, show or other gathering of animals or collect or distribute animals for such an event; or
b
hold a gathering of people on any premises in connection with the sale of any animal on those premises at which more than two people (other than the owner or person in charge of the animal and his representatives) are present, except under the authority of a licence issued by the Minister.
.
8
For article 35 there shall be substituted the following —
Markets, fairs, shows or other gatherings of animals and sales
35
1
No person shall —
a
use any premises for a fair, market, show or other gathering of animals or collect or distribute animals for such an event; or
b
hold a gathering of people on any premises in connection with the sale of any animal on those premises at which more than two people (other than the owner or person in charge of the animal and his representatives) are present, except under the authority of a licence issued by the Minister.
2
Notwithstanding the prohibition in paragraph (1) above, the use of premises as a collecting centre may be permitted by licence issued by an inspector of the local authority, in accordance with the advice of the Chief Veterinary Officer.
.
Effect of amendments to Part III of the 1983 Order
3
The reference to the provisions of Part III of the 1983 Order in article 29D(1) shall be construed as a reference to that order as amended by this Order.
Transitional provisions
4
Declaratory Orders made under Parts III or IIIA of the 1983 Order before this Order comes into force shall have effect so that the provisions of Parts III or IIIA of the 1983 Order after amendment by this Order apply in the areas declared to be infected areas or restricted infected areas by those Declaratory Orders.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
Signed on 31st August 2001.