text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Children and Family Court Advisory and Support Service (Membership, Committee and Procedure) Regulations 2000 and shall come into force on 18th January 2001.
2
In these Regulations —
“co-opted member” means a person co-opted in accordance with regulation 7(1); but
any reference to a member is a reference to a member of the Service and does not include a co-opted member.
Members of the Service
2
1
The Service shall consist of eleven members of which at least one member shall reside in Wales.
2
The Lord Chancellor shall appoint the members in accordance with regulations 3 and 4.
3
The Lord Chancellor shall appoint one of the members to be the chairman in accordance with regulation 5.
Eligibility for membership
3
1
When appointing members the Lord Chancellor shall have regard to the desirability of ensuring that the Service includes persons with expertise in or knowledge of —
a
management;
b
business and finance;
c
social conditions relating to children and families; and
d
the work of the courts.
2
No person shall serve as a member for periods totalling more than eight years.
3
No officer or employee of the Service shall be appointed as a member.
4
No person who is an undischarged bankrupt shall be appointed as a member.
Members' tenure of office
4
1
A member shall be appointed for a fixed period of no more than four years.
2
A member may resign at any time by giving notice in writing to the Lord Chancellor.
3
The Lord Chancellor shall terminate the office of a member, by notice in writing which will include the date of termination and the reasons for termination, if the member —
a
is adjudged bankrupt,
b
in the Lord Chancellor’s opinion, is unable or unfit to carry out his functions as a member, or
c
has, without the prior consent or subsequent approval of the Service, failed to attend meetings for a consecutive period of three months.
4
The office of a member shall be terminated on his appointment as an officer or employee of the Service.
The chairman’s tenure of office
5
1
The chairman shall be appointed for a fixed period that does not extend beyond his term of membership.
2
The chairman may resign from the office of chairman at any time by giving notice in writing to the Lord Chancellor and on his resignation from the office of chairman the chairman’s membership shall also terminate.
3
On termination of the chairman’s membership by the Lord Chancellor under regulation 4(3) or on the chairman’s resignation from his office of a member under regulation 4(2) his office of chairman shall also terminate.
Vacancies
6
If a vacancy arises in the office of a member or the office of chairman before the expiry of the fixed period of appointment, the Lord Chancellor shall make an appointment in accordance with regulations 3 and 4, and, in the case of the office of chairman, regulation 5.
Co-opted members
7
1
The Service may co-opt no more than five persons to provide expertise to the Service.
2
A co-opted member may resign at any time by giving notice in writing to the chairman.
3
No officer or employee of the Service other than the chief executive or a director shall be appointed as a co-opted member.
4
A co-opted member shall be appointed for fixed periods of no more than two years unless the co-opted member is the chief executive or a director of the Service.
5
Where the co-opted member is the chief executive or a director of the Service, the Service shall specify the period of appointment and the appointment may be renewed on the expiration of this period.
6
If, prior to the expiry of this period, the co-opted member’s employment as the chief executive or a director should end or be suspended, his co-opted membership shall also end, or in the latter case, shall also be suspended.
The deputy chairman
8
1
The Service shall elect one of the members, who is not the chairman, to be the deputy chairman.
2
The Service shall specify the period for which the member shall be the deputy chairman and this period shall not extend beyond his term of membership.
3
If, prior to the expiry of this period, the deputy chairman’s membership should end (through his resignation under regulation 4(2) or on termination under regulation 4(3)) his office of deputy chairman shall also end.
4
The deputy chairman may resign from his office of deputy chairman at any time by notice in writing to the chairman.
5
At the meeting following the end of the deputy chairman’s period in office the Service shall appoint a deputy chairman in accordance with paragraphs (1) and (2).
Quorum and voting
9
1
A quorum of the Service shall be constituted by a minimum of no less than half of the members currently appointed.
2
Where a decision is to be made by voting —
a
each member present at the meeting shall have one vote, and
b
where there is an equality of votes, the person who is presiding at the meeting (in accordance with regulation 10(6)) shall have an additional, casting vote.
Proceedings of the Service
10
1
The proceedings of the Service shall not be invalidated by reason of any vacancy among the members or any defect in the appointment of a member.
2
The chairman shall arrange the first meeting of the Service and at this meeting the Service shall —
a
elect a deputy chairman in accordance with regulation 8,
b
establish a finance committee and an audit committee in accordance with regulation 11, and
c
determine how often the Service shall meet.
3
The Service shall, on at least two occasions in every calendar year, admit members of the public to a meeting of the Service and at one of those meetings the annual report of the Service shall be presented.
4
Members of the public shall not be admitted to a meeting of the Service where matters listed in paragraph (8) will be discussed.
5
The Service may request that an officer or employee provide a written report to the Service or attend a meeting of the Service.
6
The meetings of the Service shall be presided over by —
a
the chairman,
b
where the chairman is absent, the deputy chairman, or
c
where both the chairman and the deputy chairman are absent, the members shall elect one of the members to preside.
7
Minutes shall be taken of the proceedings at each meeting and shall include the names of those present at the meeting and shall be signed by the chairman at the following meeting.
8
The minutes of the proceedings of every meeting of the Service shall be open to inspection by members of the public, at the offices of the Service, except in so far as they relate to —
a
officers or employees of the Service,
b
the remuneration of officers or employees of the Service,
c
individual cases, or
d
matters which the Service considers to be commercially confidential or sensitive.
9
Copies of any minutes which are open to inspection to the public under paragraph (8) shall be made available to the public on payment of such reasonable fee as the Service may in any case determine.
Establishment and functions of committees
11
1
The Service shall establish a finance committee and an audit committee.
2
The finance committee shall:
a
create an annual business plan;
b
approve annual budgets;
c
monitor and review expenditure during the year; and
d
co-ordinate the response of the Service to any external changes that may affect the Service’s finances.
3
The Service shall appoint five of its members, one of which shall be the chairman of the Service, to be members of the finance committee.
4
The chairman of the Service shall also be the chairman of the finance committee.
5
The audit committee shall:
a
receive and approve all audit plans and reports;
b
review audit activity and agree any changes from the plans;
c
co-ordinate the Service’s response to any recommendations in audit reports; and
d
ensure that the Service has in place procedures which will facilitate financial probity and, when making decisions, the consideration of both quality and effectiveness.
6
The Service shall appoint five of its members, who are not members of the finance committee, to be members of the audit committee, and it shall appoint one of these members to be the chairman of the audit committee.
7
The Service shall specify the period for which a member shall serve on a committee and this period shall not extend beyond his term of membership of the Service.
8
If, prior to the expiry of this period, his membership of the Service should end (through his resignation under regulation 4(2) or on termination under regulation 4(3)) his membership of the committee shall also end.
Proceedings of committees
12
1
A quorum of a committee shall be constituted by a minimum of three members of the committee, one of which shall be the chairman of the committee.
2
Where a decision of a committee is to be made by voting —
a
each member of the committee present at the meeting shall have one vote, and
b
where there is an equality of votes, the chairman of the committee shall have an additional, casting vote.
3
The proceedings of a committee shall not be invalidated by reason of any vacancy among the members of the committee or any defect in the appointment of a member of the committee.
4
The chairman of a committee shall arrange its first meeting and the committees shall meet once every three months.
5
No member of the public shall be admitted to a meeting of a committee.
6
A committee may request that an officer or employee provide a written report to the committee or attend a meeting of the committee.
7
The chairman of the committee shall preside at the meetings of a committee.
8
Minutes shall be taken of the proceedings at each meeting of the committee and shall include the names of those present at the meeting and shall be signed by the chairman of the committee at the following meeting.
9
The minutes of the proceedings of every meeting of a committee shall be open to inspection by members of the public as part of the minutes of the meeting of the Service except as they relate to matters listed in regulation 10(8).
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
19th December 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No. 3) Order 2000 and shall come into force on 1st January 2001.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of Schedule 1 to the principal Order
2
In Schedule 1 to the principal Order (which specifies substances which, if included in medicinal products, make those products prescription only medicines, and exemptions from the restrictions on the sale and supply of prescription only medicines), in relation to the substance Levonorgestrel, there are inserted the following entries —
in column 2 —
0.75mg
; and
in column 3 —
for use as an emergency contraceptive in women aged 16 years and over
.
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
4th December 2000
Bairbre de Brún
Minister of Health, Social Services and Public Safety
8th December 2000


text:
1
This Order may be cited as the Local Government Act 2000 (Commencement No. 2) Order 2000.
2
The provisions of section 103 of the Local Government Act 2000 shall come into force in relation to England on 25th August 2000.
Tessa Blackstone
Minister of State,
Department for Education and Employment
17th August 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Barnet (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Barnet;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the London Borough of Barnet (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Barnet
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Barnet (Electoral Arrangements) Order 1977 is hereby revoked.
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
10th February 2000


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) (Amendment) Regulations 2000 and shall come into force on 7th August 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Stamp Duty Reserve Tax (UK Depositary Interests in Foreign Securities) Regulations 1999 .
Amendments to the principal Regulations
3
In regulation 2 of the principal Regulations in paragraph (d) of the definition of “foreign securities” omit “overseas”.
4
In regulation 2 of the principal Regulations for the definition of “recognised stock exchange overseas” substitute —
“recognised stock exchange” has the meaning given by section 841 of the Income and Corporation Taxes Act 1988 ;
.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2000


text:
1
The new highway which the National Assembly for Wales proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.
2
The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.
3
The National Assembly for Wales directs as respects any part of a highway which crosses the route of any of the new trunk road that:
a
where the highway is a highway maintainable at the public expense by the local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the National Assembly for Wales shall be under no duty to maintain the part in question.
4
The lengths of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be trunk road and shall be classified as classified roads as from the date on which the National Assembly for Wales notifies the County Council of Pembrokeshire that the new trunk road is open for through traffic.
5
In this Order
1
All measurements of distance are measured along the route of the relevant highway;
2
“ classified road ” (“ ffordd ddosbarthiadol ”) as a classification for a highway means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as a principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the National Assembly for Wales and which do not specifically refer to their classification as principal roads;
“ the trunk road ” (“ y gefnffordd ”) means the St Clears – Pembroke Dock Trunk Road (A477);
“ the new trunk road ” (“ y gefnffordd newydd ”) means the highway mentioned in article 1 of this Order;
“ the deposited plan ” (“ y plan a adneuwyd ”) means the plan numbered HA10/2 NAFW 1 marked the St Clears-Pembroke Dock Trunk Road (A477) (Sageston-Redberth ByPass) Order 2000 signed by authority of the National Assembly for Wales and deposited at the National Assembly for Wales Repository, Curran Embankment, Cardiff.
6
This Order shall come into force on 17th May 2000 and may be cited as the St Clears – Pembroke Dock Trunk Road (A477) (Sageston – Redberth ByPass)Order 2000.
Signed on behalf of the Assembly Secretary for Environment
D.M. Timlin
Head of Roads Administration Division National Assembly for Wales
Dated the 28th April 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Cycles (Protective Helmets) (Amendment) Regulations 2000 and shall come into force on 30th June 2000.
2
The Motor Cycles (Protective Helmets) Regulations 1998 shall be amended in accordance with the following provisions of these Regulations.
Interpretation
2
In regulation 3, after subparagraph (a) there shall be inserted —
aa
“ ECE Regulation 22” means Regulation No. 22 set out in Addendum 21 to the UN ECE Agreement;
aaa
“ECE Regulation 22.05” means ECE Regulation 22 as amended by the 05 series of amendments and all previous amendments in force on 30th June 2000;
aaaa
“the UN ECE Agreement” means the Agreement of the United Nations Economic Commission for Europe concluded at Geneva on 20th March 1958 as amended concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or used on wheeled vehicles and the conditions for the reciprocal recognition of approvals granted on the basis of these prescriptions, to which the United Kingdom is a party by virtue of an instrument of accession dated 14th January 1963 deposited with the Secretary General of the United Nations on 15th January 1963;
.
Prescribed types recommended helmet
3
1
Regulation 5(1) shall be amended as follows.
2
In subparagraph (a) there shall be deleted “or”.
3
For the words “and in either case” there shall be substituted “and in each case”.
4
After “the standard in point)” there shall be inserted “, or (c) with ECE Regulation 22.05 including the approval, marking and conformity of production requirements of that Regulation”.
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
6th June 2000


text:
1
1
This Scheme may be cited as the Injuries in War (Shore Employments) Compensation (Amendment) Scheme 2000.
2
The Injuries in War (Shore Employments) Compensation Schemes 1914 to 1999 and this Scheme may be cited together as the Injuries in War (Shore Employments) Compensation Schemes 1914 to 2000.
2
In paragraph (3) of the Injuries in War (Shore Employments) Compensation Scheme 1914 for “£114.70”, wherever it appears, there shall be substituted “£116.00”.
3
This Scheme shall have effect as from 10th April 2000, so, however, that no payment shall be made under it in respect of any period before that date.
Baroness Symons of Vernham Dean
Mr Kevin Tebbit
Members of the Defence Council
We consent,
Mr Bob Ainsworth
Mr Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2000


text:
Title, commencement and extent
1
These Regulations may be cited as the Coffee Extracts and Chicory Extracts (England) Regulations 2000, shall come into force on 15th January 2001 and shall apply to England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“chicory” means the roots of Cichorium intybus L. (other than the roots of plants used for the production of witloof chicory) which have been suitably cleaned, dried and roasted;
“chicory extracts” means the concentrated product obtained by extraction from roasted chicory using only water as the method of extraction (excluding any process of hydrolysis involving the addition of an acid or a base);
“coffee extracts” means the concentrated product obtained by extraction from roasted coffee beans using only water as the medium of extraction (excluding any process of hydrolysis involving the addition of an acid or a base) and which contains only the soluble and aromatic constituents of coffee, apart from those insoluble substances which it is impossible to remove and insoluble oils derived from coffee;
“designated product” means any food specified in column 2 of Part I or II of the Schedule (as read with any Note in those columns relating to that food) but does not include any product which contains such a food as an ingredient and which is sold, consigned or delivered as a compound product;
“food authority” does not include —
the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and the Middle Temple);
“the 1996 Regulations ” means the Food Labelling Regulations 1996 ;
“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Part I or II of the Schedule and the use of any such description in these Regulations shall be construed as meaning the designated product specified in relation to that description in column 2 of that Part;
“sell” includes offer or expose for sale or have in possession for sale, and a “sale” shall be construed accordingly.
2
All proportions mentioned in these Regulations are proportions calculated by weight and, unless the context otherwise requires, are calculated on the total weight of the product.
3
Any reference in these Regulations to the Schedule shall be construed as a reference to the Schedule to these Regulations.
Scope of Regulations
3
1
Subject to paragraph (2) below, these Regulations apply to coffee extracts and chicory extracts which are ready for delivery to the ultimate consumer or to a catering establishment.
2
These Regulations do not apply to the product known as café torrefacto soluble.
3
In this regulation —
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“preparation” includes manufacture and any form of processing or treatment; and
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale,
for the purposes of a catering establishment, or
for the purposes of a manufacturing business.
Reserved descriptions
4
No person shall give with any food sold by him, or display with any food offered or exposed by him for sale or in his possession for the purpose of sale, a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the designated product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.
Labelling and description of designated products
5
1
Without prejudice to the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars —
a
subject to paragraph (2) below, a reserved description of the product which shall be the name prescribed by law for that product for the purposes of regulation 6(1) of the 1996 Regulations;
b
the word “decaffeinated” in the case of a product specified in column 2 of Part I of the Schedule which has been subjected to a decaffeination process and in which the residual anhydrous caffeine content does not exceed 0.30 per cent of its coffee-based dry matter content;
c
in the case of a product specified in item 3 of column 2 of Part I or II of the Schedule in which sugar has been used, the words “with X”, “preserved with X” “with added X” or “roasted with X”, as appropriate, “X” being the name of the sugar product used, which name shall be the reserved description of that product specified in relation thereto in the Specified Sugar Products Regulations 1976 or, if the sugar product has no such reserved description, the name of the product which if the sugar product were itself being sold as a food would be used, pursuant to the 1996 Regulations, as the name of the food;
d
in the case of a product specified in item 2 or 3 of column 2 of Part I of the Schedule, a declaration of the minimum coffee-based dry matter content expressed as a percentage; and
e
in the case of a product specified in item 2 or 3 of column 2 of Part II of the Schedule, a declaration of the minimum chicory-based dry matter content expressed as a percentage.
2
In the case of a product specified in item 3 of column 2 of Part I of the Schedule containing more than 25 per cent coffee-based dry matter and of a product specified in item 3 of column 2 of Part II of the Schedule containing more than 45 per cent chicory-based dry matter, the word “concentrated” may be added to the reserved description.
3
The information required by paragraph (1)(b) and (c) above shall be in the same field of vision as the reserved description required by paragraph (1)(a) above.
Manner of marking or labelling
6
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
Penalties and enforcement
7
1
If any person contravenes or fails to comply with any of the provisions of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
3
The methods used to determine the free and soluble carbohydrate content of coffee extracts shall be in conformity with paragraphs 1 and 2 of the Annex to Council Directive 85/591/ EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs for human consumption and shall be validated or standardised.
Transitional provision
8
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that —
a
the food concerned was marked or labelled before 13th September 2001, and
b
the matters constituting the alleged offence would not have constituted an offence under the Coffee and Coffee Products Regulations 1978 if those Regulations had been in operation when the food was marked or labelled.
Defence in relation to exports
9
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country (other than a member State) which has legislation analogous to these Regulations and that the food complies with that legislation.
Application of various provisions of the Food Safety Act 1990
10
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of sale etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
Amendments and revocation
11
1
In the 1996 Regulations (in so far as they apply to England) in regulation 4(2) (scope of Part II) sub-paragraph (e) shall be omitted.
2
The following entries relating to the Coffee and Coffee Products Regulations 1978 shall (in so far as the following Regulations apply to England), be omitted —
a
in the Food (Revision of Penalties) Regulations 1982 , in Schedule 1;
b
in the Food (Revision of Penalties) Regulations 1985 , in Schedule 1, Part I;
c
in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 , in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12;
d
in the Food Safety (Exports) Regulations 1991 , in Schedule 1, Part I;
e
in the Food (Forces Exemptions) (Revocations) Regulations 1992 , in Schedule 1, Part I;
f
in the Miscellaneous Food Additives Regulations 1995 , in Schedule 9;
g
in the 1996 Regulations, regulation 49(7).
3
The Coffee and Coffee Products Regulations 1978, the Coffee and Coffee Products (Amendment) Regulations 1982 and the Coffee and Coffee Products (Amendment) Regulations 1987 are hereby revoked (in so far as they apply to England).
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
17th December 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Redstone Network Services Limited) Order 2000 and shall come into force on 21st November 2000.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and E Commerce,
Department of Trade and Industry
18th October 2000


text:
PART I
GENERAL
Citation, commencement and revocations
1
These Regulations may be cited as the Building (Approved Inspectors etc.) Regulations 2000 and shall come into force on 1st January 2001 on which date the regulations specified in Schedule 1 shall be revoked.
Interpretation
2
1
In these Regulations unless the context otherwise requires —
“ the Act ” means the Building Act 1984;
“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;
“building work” has the meaning given in regulation 3(1) of the Principal Regulations ;
“controlled service or fitting” means a service or fitting in relation to which Part G, H or J of Schedule 1 to the Principal Regulations imposes a requirement;
“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;
“dwelling” includes a dwelling-house and a flat;
“dwelling-house” does not include a flat or a building containing a flat;
“energy rating” of a dwelling means a numerical indication of the overall energy efficiency of that dwelling obtained by the application of a procedure approved by the Secretary of State under regulation 16(2) of the Principal Regulations;
“fire authority” means the authority discharging in the area in which the premises are or are to be situated the functions of fire authority under the Fire Services Act 1947 ;
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“material alteration” has the meaning given in regulation 3(2) of the Principal Regulations;
“material change of use” has the meaning given in regulation 5 of the Principal Regulations;
“the Principal Regulations” means the Building Regulations 2000 .
2
Where any regulation requires the use of a numbered form in Schedule 2, a form substantially to the like effect may be used.
3
Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.
4
Any reference in these Regulations to an initial notice (whether or not combined with a plans certificate) shall in an appropriate case be construed as a reference to that initial notice as amended by an amendment notice which has been accepted by a local authority.
PART II
GRANT AND WITHDRAWAL OF APPROVAL
Approval of inspectors
3
1
Where the Secretary of State has designated a body in accordance with regulation 4 (referred to in these Regulations as a “designated body”), a person seeking to be an approved inspector shall apply to a designated body giving particulars of —
a
in the case of a person other than a body corporate, his qualifications and experience; and
b
in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which that designated body makes about those matters.
2
Where there is no designated body, a person seeking to be an approved inspector shall apply to the Secretary of State giving particulars of —
a
in the case of a person other than a body corporate, his qualifications and experience; and
b
in the case of a body corporate, the number, qualifications and experience of the people to be employed in the discharge of its functions under these Regulations,
and the person shall answer any inquiries which the Secretary of State makes about those matters.
Designation of bodies to approve inspectors
4
If it appears to the Secretary of State that a body might properly be designated as a body to approve inspectors he may, if the body consents, designate it for that purpose.
Manner of approval or designation
5
The approval of an inspector or the designation of a body to approve inspectors shall be given to that person or body by a notice in writing specifying any limitation on the approval or designation.
Termination of approval or designation
6
1
The approval of an inspector given by a designated body or by the Secretary of State shall cease to have effect at the end of a period of five years from the date on which it was given.
2
The approval of an inspector may be withdrawn by a notice in writing given to the inspector by the person who approved him.
3
The Secretary of State may withdraw the designation of a designated body by giving the body notice in writing, but —
i
such withdrawal shall not affect the operation of any subsisting approval given by the body, and
ii
a subsisting approval may be withdrawn by the Secretary of State as if it had been given by him.
4
Where an approved inspector is convicted of an offence under section 57 of the Act (false or misleading notices and certificates etc.), the person by whom the approval was given may on receipt of a certificate of the conviction forthwith withdraw the approval and no further approval shall be given to an approved inspector whose approval has been withdrawn for a period of five years beginning with the date of his conviction.
Lists of approvals and designations
7
1
The Secretary of State shall maintain —
a
a list of bodies which are for the time being designated by him for the purpose of approving inspectors, and
b
a list of inspectors for the time being approved by him.
2
The Secretary of State shall —
a
supply to every local authority in whose area these Regulations apply a copy of the first lists of approved inspectors and designated bodies prepared by him under this regulation; and
b
notify every such local authority as soon as practicable of the withdrawal of any approval or designation and of any addition to the lists.
3
A designated body shall —
a
maintain a list of inspectors for the time being approved by it; and
b
notify every local authority in whose area these Regulations apply as soon as practicable after withdrawing approval from any inspector.
4
Lists maintained under this regulation shall set out any limitation placed on the approval or designation of the persons or bodies listed and shall indicate the date on which each approval will expire.
PART III
SUPERVISION OF WORK BY APPROVED INSPECTORS
Initial notice
8
1
The prescribed form of an initial notice —
a
which is not combined with a plans certificate, shall be form 1 in Schedule 2; or
b
which is combined with a plans certificate, shall be form 4 in Schedule 2.
2
An initial notice shall be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject an initial notice are those prescribed in Schedule 3.
4
The period within which a local authority may give notice of rejection of an initial notice is five days beginning with the day on which the notice is given.
Amendment notice
9
1
The prescribed form of an amendment notice shall be form 2 in Schedule 2.
2
An amendment notice shall be accompanied by the plans and documents described in the form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject an amendment notice are those prescribed in paragraphs 1 to 11 of Schedule 3.
4
The period within which a local authority may give notice of rejection of an amendment notice is five days beginning with the day on which the notice is given.
Independence of approved inspectors
10
1
For the purposes of this regulation “minor work” means —
a
the material alteration or extension of a dwelling-house which before the work is carried out has two storeys or less and which afterwards has no more than three storeys; or
b
the provision, extension or material alteration of a controlled service or fitting in or in connection with any building; or
c
work consisting of the underpinning of a building;
and for the purposes of this paragraph a basement is not to be regarded as a storey.
2
An approved inspector shall have no professional or financial interest in the work he supervises unless it is minor work.
3
A person shall be regarded as having a professional or financial interest in the work described in any notice or certificate given under these Regulations if —
a
he is or has been responsible for the design or construction of any of the work in any capacity, or
b
he or any nominee of his is a member, officer or employee of a company or other body which has a professional or financial interest in the work, or
c
he is a partner or is in the employment of a person who has a professional or financial interest in the work.
4
For the purposes of this regulation —
a
a person shall be treated as having a professional or financial interest in the work even if he has that interest only as trustee for the benefit of some other person,
b
in the case of married people living together, the interest of one spouse shall, if known to the other, be deemed to be also an interest of the other.
5
For the purposes of this regulation —
a
involvement in the work as an approved inspector,
b
entitlement to any fee paid for his function as an approved inspector, and
c
potential liability to pay any sum if a claim is made under the insurance cover provided for the purposes of the Act,
shall not be regarded as constituting a professional or financial interest.
Functions of approved inspectors
11
1
Subject to paragraph (2), an approved inspector by whom an initial notice has been given shall, so long as the notice continues in force, take such steps as are reasonable to enable him to be satisfied within the limits of professional skill and care that —
a
regulations 4 and 6 of the Principal Regulations are complied with,
b
satisfactory provision is made for the conveyance of —
i
refuse water, and
ii
rain water from roofs,
from any building or extension of a building to the sewer, cesspool or other place shown on the plans which accompanied the initial notice, and
c
the requirements of regulation 12 of these Regulations are complied with.
2
In a case where any requirement of Part L of Schedule 1 to the Principal Regulations is to be complied with by the insertion of insulating material into the cavity in a wall after that wall has been constructed, the approved inspector need not supervise the insertion of the insulating material but shall state in the final certificate whether or not at the date of that certificate the material has been inserted.
3
Where an approved inspector by whom an initial notice has been given becomes aware that work is being carried out over a sewer shown on the relative map of sewers, he shall, unless information about that work was given to the local authority with the initial notice, as soon as practicable notify the local authority of the location of that work.
Energy rating
12
1
This regulation applies where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out, and the building work in question is the subject of an initial notice.
2
Where this regulation applies, the person carrying out the building work shall calculate the energy rating of the dwelling and give notice of that rating to the approved inspector who gave the initial notice.
3
The notice referred to in paragraph (2) shall be given not later than five days after completion of the dwelling, and
a
where the dwelling is created by building work, and
i
the dwelling is occupied, and
ii
no final certificate is given
the notice shall be given not later than the end of the period of eight weeks beginning with the date of occupation; or
b
where the dwelling is created by a material change of use in connection with which building work is carried out, and
i
the change of use takes place, and
ii
no final certificate is given
the notice shall be given not later than the end of the period of eight weeks beginning with the date on which the change of use takes place.
4
Where this regulation applies, subject to paragraphs (6) and (8), the person carrying out the building work shall affix, as soon as practicable, in a conspicuous place in the dwelling, a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).
5
The notice referred to in paragraph (4) shall be affixed not later than five days after completion of the dwelling, and, in a case where subparagraph (b) of paragraph (3) applies, not later than the period of eight weeks beginning with the date on which the change of use takes place.
6
Subject to paragraph (8), if, on the date the dwelling is first occupied as a residence, no notice has been affixed in the dwelling in accordance with paragraph (4), the person carrying out the building work shall give to the occupier of the dwelling a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).
7
The notice referred to in paragraph (6) shall be given not later than five days after completion of the dwelling, and, in a case where subparagraph (a) of paragraph (3) applies, not later than the end of the period of eight weeks beginning with the date of occupation of the dwelling.
8
Paragraphs (4) and (6) shall not apply in a case where the person carrying out the work intends to occupy, or occupies, the dwelling as a residence.
Approved inspector’s consultation with the fire authority
13
1
In this regulation —
a
a “relevant use” is a use as a workplace of a kind to which Part II of the Fire Precautions (Workplace) Regulations 1997 applies or a use designated under section 1 of the Fire Precautions Act 1971 ;
b
a “relevant building” is a building where it is intended that, after completion of building work, the building or any part of it will be put or will continue to be put to a relevant use;
c
a “relevant change of use” is a material change of use where it is intended that, after the change of use has taken place, the building or any part of it will be put or will continue to be put to a relevant use; and
d
a “relevant amendment notice” is an amendment notice where any of the work specified in the initial notice, as varied by the amendment notice, being work which could not have been carried out under the original notice (“additional work”), concerns the erection, extension or material alteration of a relevant building or is building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the Principal Regulations imposes requirements in relation to the additional work.
2
This regulation applies where an initial notice is to be given or has been given in relation to the erection, extension or material alteration of a relevant building or in relation to building work in connection with a relevant change of use of a building and Part B of Schedule 1 to the Principal Regulations imposes requirements in relation to the work.
3
Where this regulation applies, the approved inspector shall consult the fire authority —
a
before or as soon as practicable after giving an initial notice in relation to the work;
b
before or as soon as practicable after giving a relevant amendment notice in relation to the work;
c
before giving a plans certificate (whether or not combined with an initial notice); and
d
before giving a final certificate.
4
Where an approved inspector is required by paragraph (3) to consult the fire authority, he shall give to the fire authority —
a
in a case where he is consulting them in connection with an initial notice or an amendment notice, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of Part B of Schedule 1 to the Principal Regulations; and
b
in a case where he is consulting them in connection with the giving of a plans certificate, a copy of the plans in relation to which he intends to give the certificate.
5
Where an approved inspector is required by paragraph (3) to consult the fire authority —
a
he shall have regard to any views they express; and
b
he shall not give a plans certificate or a final certificate until 15 days have elapsed from the date on which he consulted them, unless they have expressed their views to him before the expiry of that period.
6
Where a local enactment would, if plans were deposited in accordance with building regulations, require the local authority to consult the fire authority before or during the carrying out of any work, the approved inspector shall consult the fire authority in a manner similar to that required by the enactment.
PART IV
PLANS CERTIFICATES
Form of plans certificate
14
The prescribed form of a plans certificate —
a
which is not combined with an initial notice, shall be form 3 in Schedule 2; or
b
which is combined with an initial notice, shall be form 4 in Schedule 2.
Grounds and period for rejecting plans certificate
15
1
The grounds on which a local authority shall reject a plans certificate which is not combined with an initial notice are those prescribed in Schedule 4.
2
The grounds on which a local authority shall reject a plans certificate combined with an initial notice are those prescribed in Schedule 3 and Schedule 4.
3
The period within which a local authority may give notice of rejection of a plans certificate (whether or not combined with an initial notice) is five days beginning on the day on which the certificate is given.
Effect of plans certificate
16
If an initial notice ceases to be in force as described in section 47(4)(b) of the Act (cancellation etc. of initial notice) and the conditions in section 53(2) of the Act (plans certificate given, accepted and not rescinded) are satisfied, the local authority may not —
a
give a notice under section 36(1) of the Act (removal or alteration of work which contravenes building regulations); or
b
institute proceedings under section 35 of the Act for a contravention of building regulations; in relation to any work described in the certificate which has been carried out in accordance with the plans to which the certificate relates.
PART V
FINAL CERTIFICATES
Form, grounds and period for rejecting final certificate
17
1
The prescribed form of a final certificate shall be form 5 in Schedule 2 and the grounds on which a local authority shall reject a final certificate are those prescribed in Schedule 5.
2
The period within which a local authority may give notice of rejection of a final certificate is ten days beginning with the day on which the certificate is given.
PART VI
CESSATION OF EFFECT OF INITIAL NOTICE
Events causing initial notice to cease to be in force
18
1
Where a final certificate given in respect of work described in an initial notice is rejected, the initial notice shall cease to be in force in relation to the work described in the final certificate on the expiry of a period of four weeks beginning with the date on which notice of rejection is given.
2
Where work described in an initial notice includes the erection, extension or material alteration of a building, and —
a
the building or, as the case may be, the extension or any part of the building which has been materially altered is occupied, and
b
no final certificate is given,
the initial notice shall cease to be in force in relation to the building, extension or part of a building which is occupied —
i
if the building is to be put to a relevant use as defined by regulation 13(1)(a), on the expiry of a period of four weeks beginning with the date of occupation; and
ii
in any other case, on the expiry of a period of eight weeks beginning with the date of occupation.
3
Where work described in an initial notice involves a material change of use of a building, and —
a
no final certificate is given, and
b
that change of use takes place,
the initial notice shall cease to be in force in relation to that change of use on the expiry of a period of eight weeks beginning with the date on which the change of use takes place.
4
In any other case where no final certificate is given, an initial notice ceases to be in force on the expiry of a period of eight weeks beginning with the date on which the work described in the initial notice is substantially completed.
5
An initial notice shall not cease to be in force by virtue of paragraph (2) because part of a building or extension is occupied if a final certificate has been accepted in respect of that part.
6
A local authority may extend any period referred to in this regulation either before or after its expiry.
Cancellation of initial notice
19
1
Where an approved inspector is of the opinion that any of the work described in an initial notice which has been carried out contravenes any provision of building regulations, he may give notice in writing to the person carrying out the work specifying —
a
the requirement of building regulations which in his opinion has not been complied with, and
b
the location of the work which contravenes that requirement.
2
A notice of contravention given in accordance with paragraph (1) shall inform the person carrying out the work that if within the prescribed period he has neither pulled down nor removed the work nor effected such alterations in it as may be necessary to make it comply with building regulations, the approved inspector will cancel the initial notice.
3
The period within which the person carrying out the work is to remedy the contravention as described in paragraph (2) is three months beginning with the day on which the notice is given.
4
Form 6 in Schedule 2 is the form of notice to be given by an approved inspector to cancel an initial notice in accordance with section 52(1) of the Act in circumstances referred to in section 52(2) of the Act; where notice of a contravention has been given under that subsection and no further initial notice relating to the work has been accepted, that notice shall specify the contravention.
5
Form 7 in Schedule 2 is the form of notice to be given by a person carrying out or intending to carry out work to cancel an initial notice in accordance with section 52(3) of the Act.
6
Form 8 in Schedule 2 is the form of notice to be given by the local authority to cancel an initial notice in accordance with section 52(5) of the Act.
Local authority powers in relation to partly completed work
20
1
This paragraph applies where —
a
any part of the work described in an initial notice has been carried out,
b
the initial notice has ceased to be in force, by reason of regulation 18 or has been cancelled by notice under section 52 of the Act, and
c
no other initial notice relating to that part of the work has been accepted.
2
Where paragraph (1) applies, the owner shall —
a
on being given reasonable notice by the local authority, provide them with —
i
sufficient plans of the work carried out, in respect of which no final certificate has been given, to show whether any part of that work would, if carried out in accordance with the plans, contravene any provision of the Principal Regulations, and
ii
where a plans certificate was given and not rejected in respect of any such part of the work, a copy of the plans to which it relates; and
b
comply with any notice in writing from the local authority requiring him within a reasonable time to cut into, lay open or pull down so much of the work as prevents the local authority from ascertaining whether any work in relation to which there is no final certificate contravenes any requirement in the Principal Regulations.
3
Where paragraph (1) applies and work in relation to a building has been begun but not completed, a person who intends to carry out further work in relation to the partly completed work shall give the local authority sufficient plans to show that the intended work will not contravene any requirement in the Principal Regulations, including such plans of any part of the work already carried out as may be necessary to show that the intended work can be carried out without contravening any such requirement.
4
Plans given to a local authority in accordance with paragraph (3) are not to be regarded as plans deposited in accordance with building regulations.
PART VII
PUBLIC BODIES
Approval of public bodies
21
1
In England if it appears to the Secretary of State, or in Wales, if it appears to the National Assembly for Wales, that —
a
public bodies of a certain description should be enabled to supervise their own work under section 54 of the Act, or
b
that a public body should be approved for the purpose of so supervising its own work,
the Secretary of State or, as the case may be, the National Assembly for Wales, shall approve that description of body or, as the case may be, that body in writing and take such steps as appear to them appropriate to inform those local authorities and public bodies which will be affected by the giving of the approval.
2
In England the Secretary of State, and in Wales, the National Assembly for Wales, may withdraw the approval by a notice in writing given to any public body affected, and shall take such steps as appears to them appropriate to inform local authorities of such withdrawal.
Public body’s notice
22
1
the prescribed form of a public body’s notice —
a
which is not combined with a public body’s plans certificate, shall be form 9 in Schedule 2; or
b
which is combined with a public body’s plans certificate , shall be form 11 in Schedule 2.
2
A public body’s notice shall be accompanied by the plans and documents described in the relevant form prescribed by paragraph (1).
3
The grounds on which a local authority shall reject a public body’s notice are those prescribed in Schedule 6.
4
The period within which a local authority may give notice of rejection of a public body’s notice is ten days beginning with the day on which the notice is given.
Public body’s consultation with the fire authority
23
Regulation 13 applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice, a plans certificate and a final certificate respectively references to a public body’s notice, a public body’s plans certificate and a public body’s final certificate.
Public body’s plans certificate
24
The prescribed form of a public body’s plans certificate —
a
which is not combined with a public body’s notice, shall be form 10 in Schedule 2; or
b
which is combined with a public body’s notice, shall be form 11 in Schedule 2.
Grounds and period for rejecting public body’s plans certificate
25
1
The grounds on which a local authority shall reject a public body’s plans certificate are those prescribed in Schedule 7.
2
The grounds on which a local authority shall reject a public body’s plans certificate combined with a public body’s notice are those prescribed in Schedule 6 and Schedule 7.
3
The period within which a local authority may give notice of rejection of a public body’s plans certificate or combined notice and certificate is ten days beginning on the day on which the certificate is given.
Effect of public body’s plans certificate
26
If a public body’s notice ceases to be in force and the conditions in paragraph 4(2) of Schedule 4 to the Act (public body’s plans certificate accepted and not rescinded) are satisfied, the local authority may not —
a
give a notice under section 36(1) of the Act (removal or alteration of work which contravenes building regulations); or
b
institute proceedings under section 35 of the Act for a contravention of building regulations; in relation to any work which is described in the certificate and is carried out in accordance with the plans to which the certificate relates.
Public body’s final certificate
27
1
The prescribed form of a public body’s final certificate shall be form 12 in Schedule 2 and the grounds on which a local authority shall reject a final certificate are those prescribed in Schedule 8.
2
The period within which a local authority may give notice of rejection of a public body’s final certificate is ten days beginning with the day on which the certificate is given.
Events causing public body’s notice to cease to be in force
28
Regulation 18 applies where a public body’s notice is given as it does where an initial notice is given; and for that purpose there shall be substituted for references in that regulation to an initial notice and a final certificate respectively references to a public body’s notice and a public body’s final certificate.
PART VIII
CERTIFICATES RELATING TO DEPOSITED PLANS
Certificates given under section 16(9) of the Act
29
1
Regulations 3 to 7 shall apply in relation to —
a
the approval and the termination of approval of persons to certify plans in accordance with section 16(9) of the Act, and
b
the designation and the termination of designation of bodies to approve such persons,
as they do in relation to the approval of inspectors and the designation of bodies to approve inspectors respectively.
2
Regulations 4 and 6 of the Principal Regulations are hereby prescribed for the purposes of section 16(9) of the Act insofar as either requires compliance with —
a
Part A (structure) of Schedule 1 to the Principal Regulations, and
b
Part L (conservation of fuel and power) of Schedule 1 to the Principal Regulations.
3
Where deposited plans are accompanied by a certificate as mentioned in section 16(9) of the Act, the evidence of insurance required by that provision is a declaration signed by the insurer that a named scheme of insurance approved by the Secretary of State applies in relation to the certificate which accompanies the plans.
4
For the purposes of section 16(9) of the Act, the circumstances in which the local authority may reject deposited plans on the grounds referred to in section 16(9)(i) or (ii) are where —
a
the certificate states that the work shown in the plans complies with the requirements of Part A (structure) of Schedule 1 to the Principal Regulations;
b
paragraph A3 of that Schedule applies to the work shown in the plans; and
c
the certificate does not contain a declaration that the person giving the certificate does not, and will not until the work is complete, have a professional or financial interest in the work.
5
The provisions of regulation 10(2) to (5) shall have effect for the purpose of determining whether a person has a professional or financial interest in the work shown in the plans as if references in those provisions to approved inspectors were references to persons approved for the purposes of section 16(9) of the Act.
PART IX
REGISTERS
Register of notices and certificates
30
1
The register which local authorities shall keep under section 56 of the Act shall contain the information set out in paragraph (2) with respect to —
a
initial notices, amendment notices, notices under section 51C of the Act or public body’s notices currently in force, and
b
certificates described in paragraph (3) which have been accepted or are presumed to have been accepted.
2
The information to be registered is —
a
the description of the work to which the notice or certificate relates and of the location of the work;
b
the name and address of any person who signed the notice or certificate;
c
the name and address of the insurer who signed any declaration which accompanied the notice or certificate; and
d
the date on which the notice or certificate was accepted or was presumed to have been accepted.
3
The certificates referred to in paragraph (1) are plans certificates, final certificates, public body’s plans certificates, public body’s final certificates and certificates given under section 16(9) of the Act.
4
A register shall include an index for enabling a person to trace any entry in the register by reference to the address of the land to which the notice or certificate relates.
5
The information prescribed in paragraph (2) shall be entered in the register as soon as practicable and in any event within 14 days of the occurrence to which it relates.
PART X
EFFECT OF CONTRAVENING BUILDING REGULATIONS
Contravention of certain regulations not to be an offence
31
Each of these Regulations, other than regulations 12 and 20, is designated as a provision to which section 35 of the Act (penalty for contravening building regulations) does not apply.
PART XI
MISCELLANEOUS PROVISIONS
Transitional provisions
32
1
Subject to paragraph (2), the Regulations specified in Schedule 1 shall continue to apply in relation to any building work as if these Regulations had not been made where —
a
before 1st January 2001 an initial notice, an amendment notice or a public body’s notice has been given to a local authority; and
b
building work is carried out or is to be carried out on or after that date in accordance with any such notice.
2
Where an initial notice given before 1st January 2001 is varied by an amendment notice given on or after that date, the Regulations specified in Schedule 1 shall continue to apply, as if these Regulations had not been made, in relation to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
13th September 2000


text:
Title, commencement and territorial extent
1
1
This Order may be cited as the Sheep and Goats Identification (England) Order 2000 and shall come into force —
a
as respects all articles except for articles 8, 9, 12 and 15, on 1 September 2000; and
b
as respects articles 8, 9, 12 and 15, on 1 January 2001.
2
This Order extends to England only.
Interpretation
2
1
In this Order —
“collection centre” means any site, including holdings and markets, at which animals originating from different holdings are grouped together to form consignments intended for despatch from that site;
“goat herdmark” means the goat herdmark allocated by the Minister pursuant to article 3;
“holding” means any establishment, construction or, in the case of an open air farm, any place in which sheep or goats are held, kept or handled;
“keeper” means any person having care and control of sheep or goats, even on a temporary basis;
“relevant date” means the date on which article 8 comes into force;
“sheep flockmark” means the sheep flockmark allocated by the Minister pursuant to article 3;
“unique individual identification number” means a unique combination of the letters “ UK ” followed by the goat herdmark or sheep flockmark of the holding of birth, followed by an individual identification number which has been created by the keeper;
“veterinary treatment” means any treatment or other procedure carried on by or under the supervision of a veterinary surgeon and includes castration.
2
Any reference in this Order to a numbered article is a reference to the article bearing that number in this Order.
3
This Order shall apply to live sheep and goats only.
Notification of holdings where sheep or goats are kept
3
1
Any person who keeps sheep or goats on a holding shall, within one month of the coming into force of this article or, as the case may be, within one month after he begins to keep the sheep or goats after the coming into force of this article, notify the Minister in writing of —
a
the address of the holding;
b
the name and address of the occupier of the holding; and
c
the species of animals (whether sheep or goats or both) which are usually kept on the holding.
2
Any person keeping sheep or goats shall notify the Minister in writing of any change in the particulars specified in paragraph (1) above within one month of such change.
3
On receiving notification under this article the Minister shall, subject to paragraph (4) below, allocate to the keeper of the sheep or goat a sheep flockmark in the case of sheep or a goat herdmark in the case of goats.
4
Where the holding is an abattoir or market, the Minister shall allocate a sheep flockmark or goat herdmark only where he deems it appropriate to do so.
Records concerning sheep
4
1
Any person keeping sheep on a holding (other than a market, abattoir or collection centre) shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.
2
Within 36 hours of sheep being moved on or off a holding, the keeper shall record —
a
the date of movement;
b
the total number of sheep moved;
c
one of the following —
i
the temporary mark applied to each sheep under article 13(2); or
ii
the sheep flockmark shown on the eartag or tattoo of each sheep; or
iii
the unique individual identification number shown (if there is one) on the eartag or tattoo of each sheep;
d
in the case of a movement off a market, the lot number (if any) allocated at the market; and
e
either —
i
the holding from which the sheep have been brought, if they are moved on to the holding, or
ii
the holding to which the sheep are moved if they are moved off the holding.
3
In the case of sheep being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of sheep sold; and
c
the name and address of the purchaser.
4
In the case of a sheep marked in accordance with article 9 or re-marked in accordance with article 15(2) or (3), the keeper shall, within 36 hours of marking or re-marking the sheep (as the case may be), record the new sheep flockmark and the previous one, if known.
5
All records under this article shall be retained by the person making the record for a period of six years.
Additional records for specified sheepmeat producers
5
1
In addition to the records required under the preceding article, a keeper who is a sheepmeat producer for the purposes of Council Regulation 3493/90/ EEC (laying down general rules for the grant of premium to sheepmeat and goatmeat producers ) shall keep the records specified in this article.
2
On or before 31st January each year, the keeper shall record the total number of female sheep on the holding on 1st January that year which either were over 12 months old or had given birth, and the date the entry was made.
3
Within fourteen days of any of the following events —
a
the intentional movement on or off the holding of female sheep which were either over 12 months old or which had given birth;
b
a female sheep which has not given birth reaching the age of 12 months;
c
a sheep under 12 months old giving birth;
d
the discovery that a female sheep which was either over 12 months old or which had given birth has been lost from the holding, either because it has died or because it is missing from the holding,
the keeper shall record the total number of female sheep on the holding which have given birth or which are over 12 months old, the date of the entry and the reasons that the total number of such sheep on the holding has changed.
4
All records under this article shall be retained by the person making the record for a period of four years.
Records concerning goats
6
1
Any person keeping goats on a holding (other than a market, abattoir or collection centre) shall record, on or before 31st January each year, the number of goats on that holding on 1st January that year.
2
Within 36 hours of goats being moved on or off a holding, the keeper shall record —
a
the date of movement;
b
the total number of goats moved;
c
one of the following —
i
the temporary mark applied to each goat under article 13(2) below; or
ii
the goat herdmark shown on the eartag or tattoo of each goat; or
iii
the unique individual identification number shown (if there is one) on the eartag or tattoo of each goat;
d
in the case of a movement off a market, the lot number (if any) allocated at the market; and
e
either —
i
the holding from which the goats have been brought, if they are moved on to the holding, or
ii
the holding to which the goats are moved if they are moved off the holding.
3
In the case of goats being sold without being moved on or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of goats sold; and
c
the name and address of the purchaser.
4
In the case of a goat marked in accordance with article 9 or re-marked in accordance with article 15(2) or (3), the keeper shall, within 36 hours of marking or re-marking the goat (as the case may be), record the new goat herdmark and the previous one, if known.
5
All records under this article shall be retained by the person making the record for a period of six years.
Eartags and tattoos
7
1
Any eartag attached under this Order shall be —
a
either metal or plastic or a combination of metal and plastic;
b
tamper-proof;
c
printed or stamped with the letters and numbers required under this Order by a method that ensures that they are easy to read for the animal’s lifetime;
d
incapable of re-use; and
e
such that it does not interfere with the well-being of the animal.
2
An eartag attached under this Order shall not be coloured red unless it is a replacement eartag attached under the provisions of article 15(3)(a).
3
Any tattoo applied under this Order shall be designed to be legible for the life of the animal.
Marking animals born in England
8
1
Subject to the remaining provisions of this article, the keeper of any sheep or goat born in England on or after the relevant date, or which is still on its holding of birth on that date, shall mark it as soon as possible, and in any case before it is moved from the holding of birth, with an eartag or tattoo consisting of —
a
in the case of an eartag, the letters “UK” followed by the sheep flockmark or goat herdmark of the holding of birth; or
b
in the case of a tattoo, the sheep flockmark or goat herdmark of the holding of birth.
2
In any case relating to the movement off a holding of sheep or goats which have not been marked in accordance with this article, it shall be a defence in any proceedings under this article for the person moving the animals to prove that the animals —
a
in the case of goats, were moved from the holding of birth to premises for the purposes of being tattooed; or
b
in the case of sheep or goats (or both), were moved from the holding of birth to premises for the purpose of receiving veterinary treatment, and
c
in each case, were returned to their holding of birth as soon as they had been tattooed or had received the veterinary treatment (as the case may be).
3
An eartag or tattoo may include information additional to that required under this article.
4
Paragraph (1) above shall not apply in relation to sheep or goats which before the relevant date were marked with an eartag or tattoo indicating the sheep flockmark or goat herdmark of birth, or were marked with an eartag bearing a breed society mark registered pursuant to paragraph (6) below, and which were on the holding of birth at that relevant date.
5
For a period of one year commencing with the relevant date —
a
a keeper may mark animals with a tag which bears the sheep flockmark or goat herdmark of the holding of birth without the prefix “UK”;
b
a keeper may mark animals with a tag which does not bear the sheep flockmark or goat herdmark provided that the tag bears a breed society mark which has been registered pursuant to paragraph (6) below.
6
The Minister shall maintain a register of marks issued by breed societies and shall enter in such register any mark which a breed society applies to him to be registered under this paragraph.
Marking animals imported into England from outside the European Union
9
1
If a sheep or goat is imported into England from outside the European Union, it shall be marked by the keeper at the holding of destination, within thirty days of arrival on that holding and in any event before it is moved from that holding, with an eartag or tattoo consisting of —
a
in the case of an eartag, the letters “UK” followed by the sheep flockmark or goat herdmark of the holding of destination and the letter “ F”; or
b
in the case of a tattoo, the sheep flockmark or goat herdmark of the holding of destination and the letter “F”.
2
Paragraph (1) above shall not apply if the place of destination of the imported animal is a slaughterhouse, and the animal is slaughtered there within 5 days without having been moved from the slaughterhouse.
Marking requirements for animals brought into England from another member State
10
No person shall import sheep or goats from another member State unless they are marked in accordance with Council Directive 92/102/EEC on the identification and registration of animals .
Marking requirements for animals brought into England from another part of the British Islands
11
No person shall bring a sheep or goat into England from another part of the British Islands unless the animal is marked in accordance with the legislation in force in that part of the British Islands.
Marking requirements for the movement of sheep and goats to a destination outside Great Britain
12
1
Any person consigning sheep or goats outside Great Britain shall (or, in the case of an animal already marked with a unique individual identification number, may) ensure that each animal is marked at the time of consignment with an eartag or tattoo consisting of a unique combination of the letters “ UK”, the sheep flockmark or goat herdmark of the consigning premises, the letter “X”, and an individual identification number.
2
No person shall consign any sheep or goat outside Great Britain if it is marked with an eartag or tattoo ending with the letter “R” showing that it is a replacement eartag or tattoo.
Marking requirements for the movement of sheep and goats to a destination within Great Britain
13
1
Any person moving sheep or goats from a holding to a destination within Great Britain shall ensure that the animals are marked before being moved from the holding in accordance with this article.
2
Subject to paragraphs (3) and (4) below, every animal shall be marked with a temporary mark which is sufficiently distinctive for the animal to be identified for the purposes of the document required under article 14 and which will last at least until the animal reaches its destination.
3
In the case of an animal marked with a unique individual identification number or the sheep flock mark or goat herd mark, the requirement to mark it with a temporary mark shall be optional, but if the animal is marked with a temporary mark, the mark shall be recorded in the movement records made under articles 4 and 6 and the transport document carried under article 14.
4
The requirement to apply a temporary mark that is imposed under paragraph (2) above shall not apply in the case of animals —
a
moved for the purposes of veterinary treatment;
b
moved for the purposes of dipping or shearing;
c
moved to a show if they are due to return to the same holding;
d
being moved to an adjacent holding where the sheep or goats remain under the same ownership; or
e
in the process of being imported into England from outside the European Union while they are being taken to the holding of destination.
Documentation requirements for the movement of sheep and goats to a destination within Great Britain
14
1
Any person moving sheep or goats from a holding to a destination in Great Britain shall ensure that the animals are accompanied by a document which —
a
identifies the holding of departure and the holding to which they are being moved;
b
gives the date of movement and the total number of animals being moved;
c
records the temporary mark applied to each animal under article 13(2) or, if the animal does not have a temporary mark, a unique individual identification mark or the sheep flock mark or goat herd mark;
d
if the movement is from a market, gives the lot numbers of the animals; and
e
is signed by the owner of the animals or his agent;
and the person moving the animals shall ensure that the document is handed on arrival of the animals to the occupier of the holding of destination.
2
The requirement for an accompanying document imposed under paragraph (1) above shall not apply in the case of —
a
movement between holdings where both holdings are occupied by the same person;
b
movement between a holding and any land in respect of which a right of grazing in common with other proprietors is exercisable; or
c
movement for the purposes of veterinary treatment, dipping or shearing, or, in the case of goats, for the purpose of being tattooed, or to a show if the animals are due to return to the same holding.
Removal and replacement of eartags and tattoos
15
1
Except under the authority of an officer of the Minister, no person shall —
a
remove an eartag which has been attached to an animal in accordance with this Order, or replace such a tag, unless the tag has become illegible, has to be removed for welfare purposes or has been lost; or
b
remove a tattoo applied to an animal in accordance with this Order, or replace such a tattoo, unless the tattoo has become illegible.
2
When replacing an eartag or tattoo pursuant to paragraph (1) above, the keeper shall re-mark the animal with an eartag or tattoo with the original number or with an eartag or tattoo bearing the sheep flockmark or goat herdmark of the holding on which the animal is residing, providing that the original identification mark is known and that the original and new identification marks are cross-referenced in the register required under articles 4 and 6.
3
If it is not possible to re-mark the animal in accordance with the preceding paragraph, the keeper shall re-mark the animal with either —
a
an eartag coloured red and consisting of the letters “UK” followed by the sheep flockmark or goat herdmark of the premises of the holding on which it is being tagged followed by the letter “R”; or
b
a tattoo consisting of the sheep flockmark or goat herdmark of the premises of the holding on which it is being tagged followed by the letter “R”.
4
Paragraphs (2) and (3) above shall not apply in the case of an animal at a market or abattoir.
Additional eartags and tattoos
16
No person shall affix to a sheep or goat any eartag or tattoo bearing a sheep flockmark or goat herdmark except in accordance with the provisions of this Order.
Alteration of eartags and tattoos
17
No person shall alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under this Order.
Production of records and documents
18
Any person in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.
Enforcement
19
Except where otherwise expressly provided, the provisions of this Order (other than article 5, which shall be enforced by the Minister) shall be executed and enforced by the local authority.
Revocation
20
1
Subject to paragraph (2) below, the Sheep and Goats (Records, Identification and Movement) Order 1996 is revoked in so far as it extends to England.
2
Article 7 of the Sheep and Goats (Records, Identification and Movement) Order 1996 shall continue in force, in so far as it extends to England, until the relevant date.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
25th July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government Pension Scheme (Greater London Authority etc.) Regulations 2000.
2
These Regulations shall come into force as follows —
a
except for regulation 8, on 18th May 2000 but subject to paragraph (3);
b
regulation 8 on 3rd July 2000.
3
The following provisions shall have effect from the following dates —
a
regulation 3(a) from 1st April 1999;
b
regulations 4 and 10 from 7th February 2000;
c
regulations 3(b), 5, 6, 7 and 9(d) from 1st April 2000.
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 9 of these Regulations.
General eligibility for membership: resolution bodies
3
In regulation 4(6) —
a
in sub-paragraph (f) for “listed in that Schedule” substitute “listed in Schedule 2”; and
b
at the end, add the following sub-paragraphs —
i
Transport for London;
j
the London Development Agency;
k
the Metropolitan Police Authority;
l
the London Transport Users' Committee;
m
the Cultural Strategy Group for London
.
Greater London Authority Act 1999 — persons appointed by the Secretary of State
4
After regulation 130, insert the following regulation —
Persons appointed by the Secretary of State under the Greater London Authority Act 1999
130A
1
A person appointed by the Secretary of State under section 407 of the Greater London Authority Act 1999 on terms and conditions that he is to be a member of the Scheme may be an active member while his employment with the Secretary of State lasts.
2
These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.
3
The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority
.
Greater London Authority Act 1999 — persons whose employment is transferred to the Secretary of State
5
After regulation 130A, insert the following regulation —
130B
1
A person who prior to 1st April 2000 was in local government employment and whose employment is transferred to the Secretary of State by virtue of sections 408 to 410 of the Greater London Authority Act 1999 may be an active member while in that employment.
2
These Regulations apply to such employment with the Secretary of State in the same way as if the Secretary of State were a Scheme employer.
3
The appropriate fund for a person mentioned in paragraph (1) shall be the fund maintained by the London Pensions Fund Authority
.
Further cases of eligibility: non-employees
6
In regulation 131 —
a
in paragraph (2) add —
e
the Mayor of London;
f
a member of the London Assembly;
g
the chairman of the London Transport Users' Committee
; and
b
after paragraph (12) add —
13
If the Mayor of London or a member of the London Assembly is an active member, he must be treated as being in the employment of the Greater London Authority.
14
If the chairman of the London Transport Users' Committee is an active member, he must be treated as being in employment with that Committee.
School Crossing Patrols
7
After regulation 144, insert the following regulation —
School crossing patrols
144A
1
These Regulations apply with the modifications in paragraphs (2) to (13) to a person who —
a
was appointed prior to 1st April 2000 by the Commissioner of Police of the Metropolis under section 26 of the Road Traffic Regulation Act 1984 to patrol school crossings;
b
was a member of the Metropolitan Civil Staffs Superannuation Scheme immediately before that date; and
c
is a member of the Scheme by reason of the transfer of his employment on 1st April 2000 to a London borough council or a county council pursuant to section 26 of the Road Traffic Regulation Act 1984.
2
For regulation 6(3) (latest retirement age) substitute —
3
A person may not be or become an active member after —
a
his 75th birthday, or
b
any earlier date after his 65th birthday when his total membership equals his permitted maximum.
.
3
In regulation 19(2)(a), (general qualification for benefits), regulation 25(3), (4)(b) and (c) (normal retirement) and regulation 27(5) (ill-health) for “65th birthday” substitute “75th birthday”.
4
In regulation 28(3) (enhanced membership period in cases of ill-health), regulation 52(2)(c) (power of employing authority to increase total membership) and paragraph 8(2)(b) of Schedule 4 (maximum addition under regulations 53 and 55) for “65” substitute “75”.
5
Regulations 9(1A), 20(4A), 25A and 38(5A) shall not apply.
6
Any period of service as a member of the Metropolitan Civil Staffs Superannuation Scheme shall count towards the membership period required before the person is entitled to any benefit under these regulations and such service shall be counted as its actual length.
7
A person who leaves employment on or after age 60 with total membership of at least 5 years is entitled to the immediate payment of retirement benefits.
8
This paragraph applies to a member —
a
in respect of whom a transfer value has been accepted by his fund authority (within the meaning of regulation 121(4) (inward transfers of pension rights)) from the managers of the Metropolitan Civil Staffs Superannuation Scheme, and
b
who has not been married at any time during his membership of the Metropolitan Civil Staffs Superannuation Scheme or of the Scheme.
9
A member to whom paragraph (8) applies is entitled on retirement to a refund of his contributions or a fraction of his contributions calculated as in paragraph (10).
10
The person is entitled to a refund —
a
of all contributions paid while a member of the MCSSS, and
b
25 per cent. of the contributions paid while a member of the Scheme.
11
The contributions shall be repaid with interest, at a rate to be determined from time to time by the Secretary of State, from the date that the contribution was paid to the date of repayment of the contribution.
12
The fund authority must deduct from any repayment under this regulation any tax to which they may become chargeable under section 589 of the Taxes Act (charge to tax on repayment of employee’s contributions) .
13
A surviving spouse or children of a person to whom contributions are repaid under paragraph (9) is not entitled to any benefits under regulations 40 to 48.
.
The London Fire and Emergency Planning Authority
8
In Schedule 2 and in paragraph 1(4)(b)(iv) of the Notes to Part I of Schedule 5, for “London Fire and Civil Defence Authority” substitute “London Fire and Emergency Planning Authority” .
Appropriate Funds
9
In Schedule 5 —
a
in paragraph 1 of Part I, after sub-paragraph (2) insert as a new sub-paragraph —
2A
Where a member is within paragraph 8 of that Table and is an employee of the governing body of a voluntary, foundation or foundation special school who is deemed to be in employment with a local education authority, the Secretary of State may by direction substitute the fund maintained by the London Pensions Fund Authority as his appropriate fund
;
b
in sub-paragraph (3), for “doing so” substitute “giving a direction under sub-paragraph (2) or (2A)”;
c
in paragraph 1(1) of the Notes to Part I, for “or (4)” substitute “(4) or (5)”;
d
at the end of paragraph 1 of those Notes, add as a new sub-paragraph —
5
This sub-paragraph applies to a person who is an employee of —
a
the Greater London Authority,
b
Transport for London,
c
the London Development Agency,
d
the Metropolitan Police Authority,
e
the London Transport Users' Committee, or
f
the Cultural Strategy Group for London.
;
e
in column 1 of paragraph 3 of the Table in Part II, insert “or” after “a higher education corporation” and delete “or the governing body of a grant-maintained school”; and
f
in paragraph 1 of the Notes to Part II, delete “or school” where it appears.
Inter fund transfers
10
Where a member’s appropriate fund (which expression has the meaning given in regulation 74 of the Local Government Pension Scheme Regulations 1997) changes by reason of a transfer of employment by virtue of the Greater London Authority Act 1999, regulation 125 of those Regulations (changes of fund) shall apply as if there were inserted after paragraph (3) the following —
3A
Such determination shall be made within twelve months of the date of transfer.
3B
In the event that the actuaries appointed for the purpose of agreeing the amount cannot agree within that time, the matter shall be referred immediately after that twelve month period, or earlier if they jointly request it, to an independent actuary appointed by Secretary of State to make the determination.
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th April 2000


text:
Citation and commencement
1
This order may be cited as the North East London Education Association (Dissolution) Order 2000 and shall come into force on 15th December 2000.
2
The North East London Education Association shall be dissolved on 20th December 2000 (“the dissolution date”).
3
All property, rights and liabilities of the North East London Education Association shall on the dissolution date be transferred to, and by virtue of this article vest in, the Secretary of State for Education and Employment.
Estelle Morris
for and on behalfof the Secretary of State for Education and Employment
21st November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Personal Pension Schemes (Concurrent Membership) Order 2000 and shall come into force on 6th April 2001 immediately after the coming into force of paragraph 8 of Schedule 13 to the Finance Act 2000.
2
In this Order, references to a section, without more, are references to that section of the Income and Corporation Taxes Act 1988.
Definition of remuneration
2
For the purposes of section 632B(1)(d), a person’s “remuneration” from an office or employment means, in relation to a year of assessment, the total amount of the emoluments paid to him by the employer during that year, within the meaning in regulation 39(2)(b) of the Income Tax (Employments) Regulations 1993 .
Calculation of a person’s grossed-up remuneration from an office or employment
3
1
The figure referred to in section 632B(4)(a) shall be determined in accordance with paragraph (2) or (3).
2
Where the person held the office or employment throughout the year of assessment in question the figure is 1.
3
In any other case, the figure is determined in accordance with the following calculation:
Step One
Work out the number of months for which the person held the office or employment during the year of assessment in question (and any remaining fraction of a month shall count as a full month for this purpose).
Step Two
Divide the figure 12 by the figure resulting from Step One and round the result up or down (if necessary) to the nearest single decimal place.
The result is the figure to be applied in calculating the grossed-up remuneration of that person from that office or employment in that year of assessment.
Certificates of eligibility under section 632B
4
1
A member who claims to be eligible to make contributions to a personal pension scheme by virtue of section 632B in a year of assessment (the “relevant year”) subject to continued compliance with the requirements of section 632B for the remainder of the relevant year shall, on or before the making of the first such contribution to the scheme in the relevant year, provide to the scheme administrator of the scheme the certificate required by paragraph (3), subject to paragraph (4).
2
In this article: —
“the qualifying year”, in relation to a relevant year, means —
any one of the five immediately preceding years of assessment (not being earlier than the year 2000–01), and
one in which the aggregate referred to in section 632B(1)(d) did not exceed the remuneration limit for the relevant year;
“certificated years” means, in a case where a certificate has been given under paragraph (3) identifying the qualifying year, the five years of assessment which immediately succeed that qualifying year, subject to paragraph (4)(b).
3
The certificate required is one —
a
identifying the qualifying year;
b
that, in relation to the qualifying year, the aggregate referred to in section 632B(1)(d) did not exceed the remuneration limit for the relevant year;
c
that the total relevant contributions within the meaning of section 632B(b) for the relevant year will not exceed the earnings threshold for that year;
d
that the total relevant contributions for any certificated year will not exceed the earnings threshold for that year;
e
stating the full name and address of any person who pays the member the remuneration of any office or employment held by him to which section 645 applies; and
f
stating that he is not, and has not been, a controlling director in the relevant year or any of the five immediately preceding years of assessment (not being earlier than the year 2000–01).
4
Where the relevant year is a certificated year (as the result of a certificate given in relation to a contribution made in an earlier year of assessment) —
a
the member is not obliged to provide a further certificate under paragraph (3), but
b
if he does so, the earlier certificate shall cease to have effect at the end of the year of assessment immediately preceding the relevant year first mentioned in this paragraph.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2000