text:
Part I
General
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
3
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations, except where the context otherwise requires —
“aid” means the remission of fees or charges, or the payment of grant, pursuant to the Scheme;
“aid questions” has the meaning assigned by paragraph 6 of Schedule 1 and “aided” means aided pursuant to the Scheme;
“aided place” means a place at a school for which an aided pupil has been or may be selected pursuant to the Scheme;
“aided pupil” means a child selected or put forward for an aided place;
“child” includes a step-child, a child adopted in pursuance of adoption proceedings and a person who is over compulsory school age;
“designated fees” has the meaning assigned by paragraph 13 of Schedule 1;
“employment” includes the holding of any office and any occupation for gain (including self-employment in any trade, profession or vocation) and “employed” shall be construed accordingly;
“European Union” means the territory comprised in the member States of the European Union as constituted from time to time;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“European Economic Area” means the area comprised by the States which are Contracting Parties to the EEA Agreement;
“EEA National” means a person who is a national of a State which is a contracting party to the EEA Agreement (including the United Kingdom);
“financial year” and “preceding financial year” have the meanings assigned by paragraph 7 of Schedule 1;
“income”, “relevant income” and “total income” have the meanings assigned by paragraph 8 of Schedule 1;
“refugee” means a person who:
is recognised by Her Majesty’s Government as a refugee within the meaning of the United National Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the protocol thereto which entered into force on 4th October 1967 , or
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom, and has been granted leave to enter or remain accordingly;
“relevant date” means 1st January in the calendar year in which an aided pupil would take up an aided place at a school;
“the Scheme” means the aided pupil scheme described in Schedule 1 as well as, in regulation 5, the aided pupil scheme described in the Regulation revoked by regulation 15;
“school” has the meaning assigned by regulation 3; and
“school year” in relation to a school means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.
2
Except where the context otherwise requires, any reference in these Regulations to —
a
a numbered Part, regulation or Schedule is a reference to the Part, regulation or Schedule in these Regulations so numbered; and
b
a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears.
References to schools
3
1
Any reference in these Regulations to a school is a reference to a school which with the prior consent of the Secretary of State is participating in the aided pupil scheme described in Schedule 1 and which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.
2
Except where the context otherwise requires, references to a school include references to the proprietors or governing body thereof and persons acting with the authority of the proprietors or governing body.
References to parents
4
1
Subject to paragraphs (2) and (3), any reference in these Regulations to the parents of a child or aided pupil is a reference to:
a
the child’s father and mother where —
i
they live together as husband and wife (whether or not they are married to each other), and
ii
the child normally resides with them in the same household; or
b
where sub-paragraph (a) above does not apply, the parent, being either the father or mother of the child, with whom the child normally resides and the spouse (if any) of that parent where the spouse normally resides with that parent and the child in the same household; or
c
where neither sub-paragraph (a) nor (b) above applies, the child’s guardian appointed in accordance with section 5 of the Children Act 1989 and the spouse (if any) of that guardian where the spouse normally resides with that guardian and the child in the same household; or
d
where none of sub-paragraphs (a), (b) and (c) above applies, the person with whom the child resides in accordance with either:
i
a subsisting residence order made under section 8 of the Children Act 1989; or
ii
any subsisting court order (other than a residence order) which specifies who is to have actual custody or care and control of the child,
and the spouse (if any) of that person where the spouse normally resides with that person and the child in the same household; or
e
where none of sub-paragraphs (a) to (d) above applies and where the child is not looked after by a local authority for the purposes of section 22(1) of the Children Act 1989, the person with whom the child normally resides in accordance with any informal care or fostering arrangement, and that person’s spouse (if any) where the spouse normally resides with that person and the child in the same household.
2
Where a child or aided pupil —
a
either has no parents as defined in paragraph (1) or the school is satisfied that no such parents can be found, and
b
is either looked after by a local authority or provided with accommodation within the meaning of section 105(1) of the Children Act 1989,
he shall be treated as a child whose parents have no income for the purposes of these Regulations, and any reference to his parents shall be construed as a reference to the authority or organisation which looks after him or provides him with accommodation.
3
References in this regulation to a person who normally resides with a child mean, in relation to a child who is a boarder at a school, a person with whom the child normally resides when he is not at school.
4
Where a child has been adopted pursuant to an order of a court of competent jurisdiction, references in paragraph 1(a) and (b) to “father” and “mother” shall be construed as references to the adoptive parents and not his natural parents.
Part II
Grant
Grant in respect of aided pupil scheme
5
1
Subject to the provisions of this Part, the Secretary of State may, in respect of any school year, pay to each school grant in respect of their expenditure in operating the Scheme.
2
Subject to paragraph (3), the amount of the grant paid to each school in respect of any school year shall equal the aggregate of —
a
the fees and charges for that year remitted by them, and
b
the grants made by them to the parents of aided pupils for that year,
in accordance with the Scheme.
3
No grant shall be paid to a school in respect of uniform grant paid by a school to the parents of an aided pupil who does not take up an aided place.
Conditions of grant
6
The payment of grant by the Secretary of State shall be subject in the case of each school —
a
to grant being claimed in accordance with regulation 7, and
b
the fulfilment of all relevant conditions mentioned in Schedule 2.
Grant claims
7
1
A school shall submit grant claims to the Secretary of State at such times, for such periods, in such manner and form and furnish such declarations and other information, as the Secretary of State may require; but subject as aforesaid, they may submit to the Secretary of State a claim for grant in respect of such periods, not being less than a term, as appear to the school to be appropriate.
2
A school may submit grant claims on the basis of estimated expenditure (“provisional claims”); but where a provisional claim is submitted, the school shall, as soon as is reasonably practicable, submit a claim in respect of the period in question which is not based on such an estimate and that claim shall supersede the provisional claim.
Payment of grant
8
1
Subject to regulation 6, as soon as is reasonably practicable after he is satisfied that a grant claim is in order, the Secretary of State shall pay the grant in respect of the claim, although he may, where he considers it appropriate to do so, make earlier payments on account in respect of that claim or in respect of a provisional claim relating to the same period.
2
Any over-payment or under-payment of grant which appears to the Secretary of State to have occurred shall be adjusted as soon as is reasonably practicable by payments between the Secretary of State and the school concerned.
Part III
Grant to the Royal Ballet School
Grant to the Royal Ballet School
9
1
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Royal Ballet School (“the RBS ”) in respect of their expenditure, incurred or to be incurred, in connection with —
a
the provision of education at the school;
b
the staging of auditions and associated activities to attract new pupils to the school; and
c
the maintenance of the school’s premises at White Lodge, Richmond Park.
2
The payment of grant under this Regulation shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Amount of grant
10
1
The amount of grant payable by the Secretary of State under this Part in respect of any school year shall, subject to paragraph (2), be such an amount as he may determine after consultation with the RBS.
2
In determining the amount of grant payable to the RBS under this Part, the Secretary of State shall have regard in particular to —
a
the amount of fees or charges received or to be received by the RBS in respect of the provision of education for the school year in respect of which grant is to be paid under this Part; and
b
the amount of grant received or to be received by the RBS for that school year under the Scheme referred to in Part II above to take account of fees and charges remitted by the RBS pursuant to the Scheme.
Part IV
Grant to the Choir Schools' Association Bursary Trust
Grant in respect of choristers
11
1
Subject to the provisions of this Part, the Secretary of State may, in respect of each school year, pay grant to the Choir Schools' Association Bursary Trust (“the trust”) in respect of their expenditure, incurred or to be incurred, in connection with the provision of education to pupils to whom paragraph (2) applies.
2
This paragraph applies to pupils who are —
a
admitted as choristers to a choir school on or after 1st September 1991;
b
aged between 8 and 13; and
c
considered by the choir school to which they are admitted and by the trust to be likely to benefit from the education provided there.
3
Any reference in this Part to a choir school is a reference to a choir school which has been finally registered as an independent school in accordance with section 465(3) of the Education Act 1996.
4
None of the provisions contained in these Regulations shall apply to pupils who were admitted to a choir school before 1st September 2001, and in respect of such pupils the Regulations specified in Schedule 3 shall continue to have effect.
Conditions of residence applicable to grant
12
1
The Secretary of State may pay such grant to the trust only in respect of pupils who meet the conditions of residence set out in paragraph 2 of Schedule 1, as modified by paragraph (2) below.
2
For the purposes of this regulation, the references to “the relevant date” in paragraph 2 of Schedule 1 shall be read as referring to 1st January in the calendar year in which the school year, in respect of which grant is to be paid under this Part, begins.
Amount of grant
13
The amount of grant payable by the Secretary of State under this Part in respect of any school year shall be such amount as he may determine after consultation with the trust.
Accounts
14
1
The trust shall keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.
2
The trust shall require the choir schools to keep such records and accounts and furnish to the Secretary of State such information, documents, returns and accounts as the Secretary of State may from time to time require.
Part V
Revocation and Transitional Provisions
Revocation and Transitional Provisions
15
1
Subject to paragraph (2) and to Regulation 11(4), the Regulations specified in Schedule 3 (“the old Regulations”) are hereby revoked in relation to England.
2
The old Regulations shall continue to apply for the purposes of the payment of grant by the Secretary of State in respect of expenditure incurred by a school in operating the aided pupil scheme described in the old Regulations.
Stephen Timms
Minister of State,
Department for Education and Skills
27th July 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hammersmith and Fulham Primary Care Trust (Establishment) Order 2001 and shall come into force on 10th December 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Hammersmith and Fulham Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 10th December 2001 a Primary Care Trust to be called the Hammersmith and Fulham Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Ealing, Hammersmith and Hounslow Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Ealing, Hammersmith and Hounslow Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Riverside Community Health Care National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
30th November 2001


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


text:
Citation and commencement
1
This Order may be cited as the Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) Revocation Order 2001 and shall come into force on 31st March 2001.
Revocation of the Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) Order 2001
2
The Special Trustees for the Former United Birmingham Hospitals (Transfer of Trust Property) Order 2001 is hereby revoked.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 and come into force on the day on which section 19 of the Act comes into force.
Interpretation
2
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“government” means —
the government of the United Kingdom;
the Scottish Administration;
the Executive Committee of the Northern Ireland Assembly;
the National Assembly for Wales; or
the government of any country or territory outside the United Kingdom;
“international organisation” means any international organisation the members of which include the United Kingdom or any other state;
“local authority”, in relation to the United Kingdom, means —
in England and Wales, a local authority within the meaning of the Local Government Act 1972 , the Greater London Authority, the Common Council of the City of London or the Council of the Isles of Scilly;
in Scotland, a local authority within the meaning of the Local Government (Scotland) Act 1973 ; and
in Northern Ireland, a district council within the meaning of the Local Government Act (Northern Ireland) 1972 ;
“Part IV financial resources requirement” means a requirement imposed on an authorised person by the Authority under Part IV of the Act to have or maintain financial resources;
“Part XIII financial resources requirement” means a requirement imposed on an incoming firm (within the meaning of section 193(1) of the Act) by the Authority under Part XIII of the Act to have or maintain financial resources;
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Private person
3
1
In these Regulations, “private person” means —
a
any individual, unless he suffers the loss in question in the course of carrying on —
i
any regulated activity; or
ii
any activity which would be a regulated activity apart from any exclusion made by article 72 of the Regulated Activities Order (overseas persons); and
b
any person who is not an individual, unless he suffers the loss in question in the course of carrying on business of any kind;
but does not include a government, a local authority (in the United Kingdom or elsewhere) or an international organisation.
2
For the purposes of paragraph (1)(a), an individual who suffers loss in the course of effecting or carrying out contracts of insurance (within the meaning of article 10 of the Regulated Activities Order) written at Lloyd’s is not to be taken to suffer loss in the course of carrying on a regulated activity.
Authorised person acting otherwise than in accordance with permission
4
1
A case where the conditions specified by paragraph (2) are satisfied is prescribed for the purposes of section 20(3) of the Act (and so in such a case the contravention of a requirement imposed by the Authority under the Act is actionable at the suit of a person who suffers loss as a result of that contravention).
2
The conditions specified by this paragraph are that —
a
the action would be brought at the suit of —
i
a private person; or
ii
a person acting in a fiduciary or representative capacity on behalf of a private person and any remedy would be exclusively for the benefit of that private person and could not be effected through an action brought otherwise than at the suit of the fiduciary or representative; and
b
the contravention is not of a Part IV financial resources requirement.
Prohibition orders and performance of a controlled function
5
1
The definition of “private person” in regulation 3 is prescribed for the purposes of section 71(3) of the Act (and so the contravention of section 56(6) or 59(1) or (2) of the Act is actionable at the suit of a person who falls within that definition and who suffers loss as a result of that contravention).
2
A case where the condition specified by paragraph (3) is satisfied is prescribed for the purposes of section 71(2) of the Act (and so in such a case the contravention of section 56(6) or 59(1) or (2) of the Act is actionable at the suit of a person who is not a private person).
3
The condition specified by this paragraph is that the action would be brought at the suit of a person (who is not a private person) acting in a fiduciary or representative capacity on behalf of a private person and any remedy would be exclusively for the benefit of that private person and could not be effected through an action brought otherwise than at the suit of the fiduciary or representative.
Authority rules
6
1
The definition of “private person” in regulation 3 is prescribed for the purposes of section 150(5) of the Act (and so the contravention by an authorised person of a rule is actionable at the suit of a person who falls within that definition and who suffers loss as a result of that contravention).
2
A case where any of the conditions specified by paragraph (3) is satisfied is prescribed for the purposes of section 150(3) of the Act (and so in such a case the contravention of a rule is actionable at the suit of a person who is not a private person).
3
The conditions specified by this paragraph are that —
a
the rule that has been contravened prohibits an authorised person from seeking to make provision excluding or restricting any duty or liability;
b
the rule that has been contravened is directed at ensuring that transactions in any security or contractually based investment (within the meaning of the Regulated Activities Order) are not effected with the benefit of unpublished information that, if made public, would be likely to affect the price of that security or investment;
c
the action would be brought at the suit of a person (who is not a private person) acting in a fiduciary or representative capacity on behalf of a private person and any remedy would be exclusively for the benefit of that private person and could not be effected through an action brought otherwise than at the suit of the fiduciary or representative.
4
In this regulation, “rule” has the meaning given by section 150(4) of the Act.
Incoming firms
7
1
A case where the conditions specified by paragraph (2) are satisfied is prescribed for the purposes of section 202(2) of the Act (and so in such a case the contravention of a requirement imposed by the Authority under Part XIII of the Act is actionable at the suit of a person who suffers loss as a result of that contravention).
2
The conditions specified by this paragraph are that —
a
the action would be brought at the suit of —
i
a private person; or
ii
a person acting in a fiduciary or representative capacity on behalf of a private person and any remedy would be exclusively for the benefit of that private person and could not be effected through an action brought otherwise than at the suit of the fiduciary or representative; and
b
the contravention is not of a Part XIII financial resources requirement.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
20th June 2001


text:
Citation and commencement
1
This Order may be cited as the Telecommunication Meters (Approval Fees) ( BABT ) (Amendment) Order 2001 and shall come into force on 13th August 2001.
Interpretation
2
In this Order —
“application fee” has the meaning given by article 3(a) of the principal Order ;
“BABT” means the British Approvals Board for Telecommunications;
“continuation fee” has the meaning given by article 3(b) of the principal Order;
“the principal Order” means the Telecommunication Meters (Approval Fees) (British Approvals Board for Telecommunications) Order 1992 .
Amendment to the principal Order
3
Article 4(2)(a) of the principal Order is amended —
a
in respect of any work carried out by BABT on or after 13th August 2001 in the exercise by it of the function of considering applications for which an application fee may be charged, and
b
in respect of the exercise by BABT on or after 13th August 2001 of the function of being satisfied that a requirement is being complied with for which a continuation fee may be charged,
by deleting “£50.68” and substituting “£83.33”.
Revocation
4
Article 3 of the Telecommunication Meters (Approval Fees) (BABT) (Amendment) Order 1994 is hereby revoked.
Douglas Alexander,
Minister for E-Commerce and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Electricity from Non-Fossil Fuel Sources (Locational Flexibility) Order 2001 and shall come into force on 30th December 2001.
2
This Order extends to England and Wales only.
Modification of section 33 of the Electricity Act 1989
2
1
Section 33 of the Electricity Act 1989 (as it continues to have effect in England and Wales by virtue of article 11 of the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 and notwithstanding its repeal by section 66 of the Utilities Act 2000) shall be modified as set out in paragraph (2).
2
Subsection (7A) shall be replaced with the following —
7A
In this section, references to qualifying arrangements in relation to the nominated person are to any arrangements which —
a
are new arrangements, as defined in the Electricity from Non-Fossil Fuel Sources Saving Arrangements Order 2000 (“new arrangements”); or
b
would be new arrangements but for the fact that the parties to them have modified the arrangements by changing the location of the generating station which is the subject of the arrangements (“modified new arrangements”), and satisfy the requirements specified in subsection (7B),
and satisfy such other requirements as may be specified in regulations made under this section.
7B
The requirements mentioned in subsection (7A)(b) are that —
a
the new location of the generating station is anywhere within Great Britain, including (unless the relevant NFFO Order requires the generating station to be “on-shore”) any part of the territorial sea of the United Kingdom which is adjacent to Great Britain;
b
planning permission and all necessary consents (including any necessary wayleave consents), easements, servitudes and rights to enable the generating station to be constructed and operated at the new location in accordance with and as contemplated by the terms of the modified new arrangements have been obtained;
c
no generating station has been built pursuant to the arrangements prior to the change of location;
d
the modified new arrangements do not relate to a generating station built at the new location prior to the change of location; and
e
evidence of the modified new arrangements has been produced to the Authority.
7C
The relevant NFFO Order referred to in subsection (7B)(a) is the Order mentioned in subsection (7D) pursuant to which the arrangements were first produced to the Director General of Electricity Supply (prior to the abolition of that office by section 1(3) of the Utilities Act 2000), in compliance with section 32 of this Act as originally enacted.
7D
The Orders are —
a
the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1994 ;
b
the Electricity (N-on-Fossil Fuel Sources) (England and Wales) Order 1997 ; or
c
the Electricity (Non-Fossil Fuel Sources) (England and Wales) Order 1998 .
.
Brian Wilson
Minister of State for Industry and Energy,
Department of Trade and Industry
6th December 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 3) (England) Order 2001.
2
In this Order —
“the 1948 Act ” means the National Assistance Act 1948 ;
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 2001 Act ” means the Health and Social Care Act 2001; and
“the standard rate” has the same meaning as in section 22(2) of the 1948 Act .
3
This Order extends to England only.
Appointed day in respect of section 6 of the 2001 Act
2
1st October 2001 is the day appointed for the coming into force of section 6 of the 2001 Act.
Appointed day in respect of section 49 of the 2001 Act
3
1
1st October 2001 is the day appointed for the coming into force of section 49 of the 2001 Act in so far as it relates to any person —
a
who is provided with accommodation by a local authority under section 21(1) of the 1948 Act (duties of local authorities to provide accommodation), and
b
who, if the authority were also to provide the nursing care in connection with that accommodation, would be liable to make a payment under section 22(3) (charges to be made for accommodation) or section 26(3) (provision of accommodation in premises maintained by voluntary organisations) of the 1948 Act either at the standard rate or at a lower rate which is not less than the standard rate minus £110.
2
Notwithstanding that a person ceases to satisfy sub-paragraph (b) of paragraph (1) above, section 49 of the 2001 Act shall continue to apply to him.
Appointed days in respect of the Family Health Services Appeal Authority
4
1
Subject to paragraph (2), the day appointed for the coming into force of each provision of the 2001 Act specified in column 1 of Part I of the Schedule to this Order is —
a
for the purpose of constituting the Family Health Services Appeal Authority and for making rules or regulations in respect of it, 1st October 2001, and
b
for all other purposes, 1st December 2001.
2
Until section 16 of the 2001 Act is commenced fully in relation to England, each provision of that Act specified in column 1 of Part II of the Schedule to this Order shall take effect subject to the amendment specified in respect of it in column 2 of that Part.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
30th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Cumbria Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the West Cumbria Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the West Cumbria Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The North Cumbria Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Cumbria Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The West Cumbria Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
12th February 2001


text:
Citation and commencement
1
This Order may be cited as The Defence Science and Technology Laboratory Trading Fund Order 2001 and shall come into force on 1st July 2001.
Variation of Existing Orders
2
The 1993, 1995 and 1996 Orders shall be varied in accordance with the following Articles.
Continuing operations
3
The following operations shall from 1st July 2001 continue to be funded operations —
the Security Division, which comprises —
the Centre for Defence Analysis
the Chemical and Biological Defence Sector
the Chemical and Electronic Systems Sector
the Defence Research Information Centre
the Defence Radiological Protection Service
the Integrated Systems Sector.
Operations ceasing to be funded
4
All other operations not included in Article 3 of this Order shall from 1st July 2001 cease to be funded operations. Those operations are —
the Business Services Division
the Defence Programmes Division
the Defence Diversification Agency
the Future Systems Technology Division
the Knowledge and Information Systems Division
the Sensors and Electronic Division
the Through Life Support Division.
Assets and liabilities of the fund
5
The Crown assets and liabilities set out in Schedule 1 to this Order shall remain as assets and liabilities of the Fund.
Public dividend capital
6
50 per cent of the amount by which the aggregate of the values of the assets set out in Schedule 1 to this Order exceed the aggregate of the amounts of the liabilities so set out, shall be treated as public dividend capital of the Fund.
Limitation of indebtedness
7
The maximum amount that may be issued to the Fund by way of loan shall be £100,000,000.
Assets and Liabilities removed from the fund
8
The Crown assets and liabilities set out in Schedule 2 to this Order shall cease to be assets and liabilities of the Fund.
Amended Name of the Fund
9
The Fund, as amended by the terms of this Order, shall be known as the Defence Science and Technology Laboratory Trading Fund.
Geoffrey Hoon
Secretary of State for Defence
27th March 2001
We concur
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2001


text:
1
These Regulations may be cited as the Education (Student Support) (Dance and Drama) (Amendment) Regulations 2001 and shall come into force on 1st September 2001.
2
The Education (Student Support) (Dance and Drama) Regulations 1999 shall be amended as follows.
3
In regulation 4(d) —
a
in sub-paragraph (iii) for “College of the Royal Academy of Dancing” substitute “Royal Academy of Dance” ; and
b
delete “(vii) London Contemporary Dance School;”.
Margaret Hodge
Minister of State,
Department for Education and Skills
4th August 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Treatment Agency (Amendment) Regulations 2001 and shall come into force on 30th January 2002.
2
These Regulations extend to England only.
Amendment of Regulations
2
In regulation 3 of the National Treatment Agency Regulations 2001 (disqualification for appointment) sub-paragraph (d) of paragraph (1) is deleted.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
19th December 2001


text:
PART I
General
Citation, commencement and interpretation
1
1
This Order, which supersedes the Land Registration Fees Order 1999 , may be cited as the Land Registration Fees Order 2001 and shall come into force on 1st May 2001.
2
In this Order unless the context otherwise requires:
“account holder” means a person or firm holding a credit account;
“ the Act ” means the Land Registration Act 1925;
“charge” includes a sub-charge;
“credit account” means an account authorised by the Registrar under article 17(2);
“day list information” has the same meaning as in the Land Registration (Open Register) Rules 1991 ;
“Index Map section” has the same meaning as in the Land Registration (Open Register) Rules 1991;
“licensed conveyancer” has the same meaning as in section 11(2) of the Administration of Justice Act 1985 and includes a recognised body within the meaning of section 32(2) of that Act;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“outline application” has the same meaning as in rule 83A of the principal rules;
“the principal rules” means the Land Registration Rules 1925 ;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(5);
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share”, in relation to land, means an interest in that land under a trust of land.
PART II
Scale fees
Applications for first registration
2
1
Subject to paragraph (5), and to article 6 (large scale applications, etc. ), the fee for an application for first registration (other than an application for first registration of title to a lease by an original lessee or his personal representative or an application for first registration of a rentcharge) shall be paid in accordance with Scale 1 in Schedule 1 on the value of the land comprised in the application determined in accordance with article 7.
2
Subject to paragraphs (3) to (5), and to article 6 (large scale applications, etc.), the fee for an application for the first registration of title to a lease (whether or not deriving from a registered freehold or leasehold title) by the original lessee or his personal representative shall be paid in accordance with Scale 1 in Schedule 1 on an amount calculated in accordance with the following formula:
A = P + ( 10 × R )
where A is the amount on which the fee is to be paid, P is the amount or value of any monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise, and R is the largest ascertainable amount of annual rent reserved by the lease.
3
Where, in an application to which paragraph (2) applies, no monetary consideration is given by the lessee as part of the same transaction by way of fine, premium or otherwise and:
a
no annual rent is reserved; or
b
the annual rent reserved cannot be ascertained at the time the application is made,
a fee shall be paid in accordance with Scale 1 in Schedule 1 on the value of the lease determined in accordance with article 7, subject to the minimum fee being £40.
4
Where, in an application to which paragraph (2) applies, the monetary consideration given by the lessee as part of the same transaction by way of fine, premium or otherwise consists of or includes the surrender of a registered lease of substantially the same premises as are comprised in the lease to be registered, the formula referred to in paragraph (2) shall apply for the purpose of calculating the amount on which the fee is to be paid as if P did not include the value of the surrendered lease.
5
In the case of an application for first registration which is not made in pursuance of section 123A(2) of the Act (compulsory registration: requirement to register) in relation to any of the land comprised in the application the fee otherwise payable in accordance with this article or article 6(2) (fees for large scale applications) shall be reduced by 25 per cent, provided that where the fee so reduced would be a figure which includes pence, the fee may be rounded down to the nearest £1.
Transfers of registered land for monetary consideration, etc.
3
1
Subject to paragraphs (2) and (3), and to article 4(1)(h) (transfer of matrimonal home pursuant to an order of the Court) and article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
a transfer of registered land for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in registered land;
c
a surrender of a registered lease for monetary consideration (whether effected by deed or otherwise), other than a surrender to which paragraph (4) of Schedule 4 applies;
shall be paid in accordance with Scale 1 in Schedule 1 on the amount or value of the consideration.
2
Where a sale and sub-sale of land are effected by separate instruments of transfer, a separate fee shall be payable in respect of each transfer.
3
Where a single instrument of transfer gives effect to a sale and a sub-sale of the same land a single fee shall be assessed upon the greater of the monetary consideration given by the purchaser or the monetary consideration given by the sub-purchaser in respect of that land.
4
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined on merger, surrender or otherwise shall be paid in accordance with Scale 1 in Schedule 1 on the value thereof immediately prior to its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Subject to paragraphs (2) and (3), to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of:
a
a transfer or registered land otherwise than for monetary consideration;
b
a surrender of a registered lease otherwise than for monetary consideration (whether effected by a deed or otherwise);
c
a transmission of registered land on death or bankruptcy;
d
an assent of registered land (including a vesting assent);
e
an appropriation of registered land;
f
a vesting order or declaration made under section 47 of the Act;
g
a rectification of the register;
h
a transfer of a matrimonial home (being registered land) made pursuant to an order of the Court;
shall be paid in accordance with Scale 2 in Schedule 2 on the value of the land which is the subject of the dealing, determined in accordance with article 8, but after deducting therefrom the amount secured upon the land by any charge subject to which the registration takes effect.
2
Where a transfer falling within paragraph (1)(a) is one for the purpose of giving effect to the disposition of a share in registered land the fee for an application for its registration shall be paid in accordance with Scale 2 in Schedule 2 on the value of that share.
3
In the case of rectification of the register:
a
if it appears to the Registrar that the fee is excessive, he may reduce it; and
b
if it appears to him unreasonable that the applicant should be required to pay a fee, he may waive it.
Charges of registered land
5
1
Subject to paragraphs (5) and (6), and to article 6 (large scale applications, etc.), the fee for an application for the registration of a charge shall be paid in accordance with Scale 2 in Schedule 2 on the amount of the charge determined in accordance with article 9.
2
Subject to article 6 (large scale applications, etc.), the fee for an application for the registration of:
a
the transfer of a charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge;
shall be paid in accordance with Scale 2 in Schedule 2 on the amount or value of the consideration.
3
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration shall be paid in accordance with Scale 2 in Schedule 2 on the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
4
Subject to article 6 (large scale applications, etc.) and to paragraph (9) of Schedule 4 (applications to which section 145(2) of the Act applies), the fee for an application for the registration of a transfer for the purpose of giving effect to the disposition otherwise than for monetary consideration of a share in a registered charge shall be paid in accordance with Scale 2 in Schedule 2 on a proportionate part of the amount secured by the registered charge at the time of the transfer or, where the transfer relates to more than one charge, a proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
5
Subject to paragraphs (6) and (7), where a scale fee application (“the primary application”) is made that will, when completed, result in a person (“the applicant”) becoming registered as the proprietor of particular registered land or of one or more registered charges, no fee shall be payable for the registration of a charge by the applicant (or, where the primary application is for the first registration of title to land, by a predecessor in title of the applicant) which charges the registered land or the registered charge or charges which are the subject of the primary application provided the charge by the applicant either accompanies the primary application or is lodged for registration before the primary application is completed.
6
Where a charge by an applicant referred to in paragraph (5) also charges property (“the additional property”) which comprises land or, as the case may be, one or more registered charges, not being property which is the subject of the primary application referred to in paragraph (5), that paragraph shall not extend to the additional property so that a fee shall be paid in accordance with Scale 2 in Schedule 2 for the registration of the charge by the applicant in respect of the additional property on an amount calculated in accordance with the following formula:
A = V A × C V C
where A is the amount on which the fee is payable, V A is the value or amount of the additional property, V C is the value of all the property comprised in the charge and C is the amount of the charge determined in accordance with article 9.
7
In the case of an application to which article 2(5) (voluntary registration: reduced fees) applies, paragraph (5) applies only to a charge which accompanies the primary application.
Large scale applications, etc.
6
1
In this article:
a
“large area application” means an application falling within article 2 (first registration of land; first registration of title to a lease) which comprises land having an area or aggregate area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to not fewer than 20 land units, other than —
i
a large area application;
ii
a low value application; or
iii
an application to register a charge to which article 5(5) applies, except to the extent that it relates to additional land within the meaning of article 5(6);
c
“low value application” means a scale fee application, other than an application falling within article 2 (applications for first registration), where the value of the land, or the amount of the charge, to which it relates (as the case may be) does not exceed £30,000;
d
“land unit” means:
i
where the land is unregistered, a separate area of land not adjoining any other unregistered land comprised in the same application;
ii
where the land is registered, the land registered under a single title number.
2
Subject to article 2(5) (voluntary registration: reduced fees), the fee for a large scale application shall be whichever is the greater of:
a
the amount payable in respect of the application under article 2, 3, 4 or 5, as the case may be; or
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 per each land unit to which it relates;
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit to which it relates in excess of 500 land units,
provided that the fee shall in no case exceed £40,000.
3
If, having regard to the extent of the land comprised in a large area application, the Registar considers that the cost of the work involved in dealing with that application would substantially exceed the scale fee otherwise payable, such additional fee shall be payable as the Registrar shall direct as appropriate not exceeding the excess cost of the work involved.
PART III
Valuation
Valuation (first registration)
7
1
In the case of an application to which article 2(1) applies (first registration of title to land otherwise than by the original grantee under a lease or his personal representatives) made within one year of a sale (other than an exchange, whether or not money is paid for equality, or the sale of a share only in the land) the value of the land shall be taken to be the amount of the monetary consideration given together with the amount outstanding at the time of the purchase under any charge or mortgage subject to which the land was purchased.
2
In the case of an application:
a
to which article 2(1) applies, other than one falling within paragraph (1); or
b
to which article 2(3) applies,
the value of the land or lease (as the case may be) shall be ascertained by the Registrar at such sum as in his opinion it would fetch if sold in the open market at the date of the application free from any charge or mortgage.
3
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
4
Where an application for first registration is made on the purchase of a leasehold estate by the reversioner or of a reversion by the leaseholder or on any other like occasion and determination of an unregistered interest, by way of merger, surrender or otherwise, takes place, the value of the land shall be the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) to (3).
Valuation (registered land)
8
1
Where the value of the land in a registered title falls to be determined under this Order it shall be ascertained by the Registrar at such sum as in his opinion the land would fetch if sold in the open market free from any charge or mortgage.
a
in the case of a surrender at a date immediately prior to the surrender;
b
in any other case at the date of the application.
2
As evidence of such value the Registrar may require a statement in writing, signed by the applicant or his solicitor or licensed conveyancer or by any other person who, in the Registrar’s opinion, is competent to make such a statement.
Valuation (charges)
9
1
Subject to paragraph (5), where the amount of a charge falls to be determined under this Order it shall be taken to be:
a
in the case of a charge to secure a fixed amount, the amount secured by the charge;
b
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in any way limited, the amount so limited;
c
in the case of a charge to secure further advances, where the total amount of the advances or of the money to be owing at any one time is in no way limited, an amount equal to the value of the registered land comprised in the charge after deducting therefrom the amount secured on it by any prior registered charge.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on registered land, the fee in accordance with article 5 shall be payable on an amount calculated in accordance with the following formula:
A = V R × C V C
where A is the amount on which the fee is payable, V R is the value of the registered land, V C is the value of all the property comprised in the charge, and C is the amount of the charge determined in accordance with paragraph (1).
3
The fee for the registration of a charge by way of additional or substituted security or by way of guarantee shall be payable on the lesser of:
a
the amount secured or guaranteed; or
b
the value of the land after deducting the amount secured on the land by any prior registered charge.
4
Subject to paragraph (5), the fee for the registration of a charge to secure an obligation or liability which is contingent upon the happening of a future event (not being a charge falling within paragraph (3)) shall be payable on the value of the land after deducting the amount secured on the land by any prior registered charge.
5
If in relation to a charge to which paragraph (4) applies, the maximum amount or value of the obligation or liability which may arise is in any way limited under the charge and is capable of being ascertained at the time of the application to register the charge then the fee shall be payable on that amount or value, if less than the value of the land after deducting the amount secured on the land by any prior registered charge.
6
For the purpose of this Order, where two or more charges are contained in the same instrument and secure the same debt, the instrument shall be treated as creating a single charge by the chargor (or where there is more than one chargor, a single separate charge by each of the chargors) the amount of the charge (or the charge by each chargor) being equal to the lesser of:
a
the whole debt; or
b
the value of the registered land charged by that chargor after deducting therefrom the amount secured on it by any prior registered charge.
PART IV
Fixed fees and exemptions
Fixed fees
10
1
Subject to paragraphs (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that schedule.
2
The fee for an application in Form 112A, Form 112B or Form 112C in Schedule 1 to the Land Registration (Open Register) Rules 1991 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The Registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If, having regard to the extent of the land to which an application for a search of the Index Map relates, the Registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the Registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee referred to in paragraph (4) shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
11
No fee shall be payable in respect of any of the applications and services specified in Schedule 4.
PART V
General and administrative provisions
Refund of fees
12
1
Where an amount exceeding the prescribed fee has been paid, there shall be refunded any excess remaining after the deduction, if the Registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the Registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
Subject to article 10(5), if any application is cancelled or withdrawn no part of the fee therefor shall be refunded unless the Registrar so directs.
Cost of advertisements and special enquiries
13
If in the course of dealing with any application the Registrar directs publication of an advertisement or any other special enquiry, the costs so incurred shall be defrayed by the applicant unless the Registrar directs to the contrary.
Fixed boundaries
14
Where application is made for the boundaries of land to be noted on the register as fixed under rule 277 of the principal rules such fee shall be charged as the Registrar may consider necessary to cover the cost of any examination of title, enquiries, mapping, surveying, notices or other work involved.
Applications not otherwise referred to
15
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 in Schedule 1 on the value of the land or on the amount of the charge as the Registrar shall direct having regard to the work involved.
Method of payment
16
1
Fees payable under this Order shall be collected in money and, subject to article 17:
a
every fee shall, except where the Registrar otherwise permits, be paid by means of a cheque or postal order crossed and made payable to H.M. Land Registry;
b
subject to paragraph (2), where the amount of the fee payable on an application is immediately ascertainable, the fee shall be payable on delivery of the application;
c
where the amount of the fee payable on an application is not immediately ascertainable, on delivery of the application there shall be paid on account of the fee such sum, being not less than the minimum fee payable in accordance with Scale 1 in Schedule 1, as the applicant may reasonably estimate to be the fee payable and there shall be lodged therewith an undertaking to pay on demand the balance of the fee due, if any.
2
Where an outline application is made to secure priority for a dealing with registered land which cannot be protected by an official search with priority of the register, the fee payable under paragraph (7) of Part I of Schedule 3 shall be payable on delivery of the application and any other fee payable in respect of the application shall be payable on the subsequent delivery of the necessary form and documentation.
Credit accounts
17
1
In this article “credit limit” in relation to a credit account authorised for use under paragraph (2) means the maximum amount (if any) which is to be due on the account at any time, as notified by the Registrar to the account holder from time to time, by such means of communication as the Registrar considers appropriate.
2
Any person or firm may, if authorised by the Registrar, use a credit account in accordance with this article for the purpose of the payment of fees for applications and services of such kind as the Registrar shall from time to time direct.
3
For the purpose of enabling the Registrar to consider whether or not a person or firm seeking to use a credit account may be authorised to use such an account, that person or firm shall furnish to the Registrar such information and evidence as the Registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account, if authorised.
4
For the purpose of enabling the Registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall furnish to the Registrar from time to time, when requested to do so by the Registrar, such information and evidence as the Registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
5
Where an account holder makes an application in respect of which credit facilities are available, he may make a request, in such manner as the Registrar shall direct, for the appropriate fee to be debited to the account holder’s credit account, but the Registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
6
Where a person or firm having a credit account makes an application in respect of which credit facilities are available but which is not accompanied by any fee and does not contain a request for the fee to be debited to such account, the Registrar may debit the fee to that person’s or that firm’s credit account.
7
A statement of account shall be sent by the Registrar to each account holder at the end of each calendar month or such other period as the Registrar shall direct either in any particular case or generally.
8
On receipt of the statement the account holder shall pay by cheque any sum due on his credit account forthwith.
9
Cheques shall be crossed and made payable to H.M. Land Registry and sent to the Accounts Section, H.M. Land Registry, Burrington Way, Plymouth PL5 3LP or at such other address as the Registrar shall direct.
10
The Registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (2).
Signed by the authority of the Lord Chancellor.
Willy Bach
Parliamentary Secretary,
Lord Chancellor’s Department
13th March 2001
Greg Pope
David Jamieson
Two of the Lord Commissioners of Her Majesty’s Treasury
20th March 2001


text:
Citation and Commencement
1
This order shall be cited as the Birmingham (Aston and Nechells) Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Birmingham (Aston and Nechells) Education Action Zone” means the Education Action Zone established by the Birmingham (Aston and Nechells) Education Action Zone Order 1998 .
Extension of the Birmingham (Aston and Nechells) Education Action Zone Order 1998
3
The Birmingham (Aston and Nechells) Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Birmingham (Aston and Nechells) Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Birmingham (Aston and Nechells) Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(a), (b) or (d), if that person no longer appears to the Forum to represent the interests of either businesses in the area served by the zone schools, institutions within the further or higher education sector of Birmingham, or the health sector in the area served by the zone schools, as the case may be;
e
in the case of a member appointed pursuant to article 5(c), (e), (f) or (h), if that person no longer appears to the Forum to represent the voluntary, community and charitable sectors in the area served by the zone schools; the Social Services Department of Birmingham City Council; the West Midlands Police Force, or head teachers of zone schools.
f
in the case of a member appointed pursuant to article 5(p), if that person no longer represents religious organisations.
g
in the case of a member appointed pursuant to article 5(j), if that person no longer appears to the Forum to be able to further the objectives of the zone
.
5
1
The Birmingham (Aston and Nechells) Education Action Zone Order 1998 is varied as follows:
2
In Schedule 1, the words “Birmingham and Solihull Learning and Skills Council” are substituted for “Birmingham and Solihull Training and Enterprise Council”.
3
In Schedule 2, the words “Anglesey Primary School” are substituted for “Anglesey Junior School” and “Anglesey Infant School”.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
1
This Order may be cited as the Value Added Tax (Conversion of Buildings) Order 2001 and shall come into force on 1st August 2001 and shall have effect in relation to supplies made on or after that date.
2
Group 5 of Schedule 8 to the Value Added Tax Act 1994 (zero-rating) shall be varied in accordance with article 3 below.
3
For Note (7) there shall be substituted —
7
For the purposes of item 1(b), and for the purposes of these Notes so far as having effect for the purposes of item 1(b), a building or part of a building is “non-residential” if —
a
it is neither designed, nor adapted, for use —
i
as a dwelling or number of dwellings, or
ii
for a relevant residential purpose; or
b
it is designed, or adapted, for such use but —
i
it was constructed more than 10 years before the grant of the major interest;
and
ii
no part of it has, in the period of 10 years immediately preceding the grant, been used as a dwelling or for a relevant residential purpose.
7A
For the purposes of item 3, and for the purposes of these Notes so far as having effect for the purposes of item 3, a building or part of a building is “non-residential” if —
a
it is neither designed, nor adapted, for use —
i
as a dwelling or number of dwellings, or
ii
for a relevant residential purpose; or
b
it is designed, or adapted, for such use but —
i
it was constructed more than 10 years before the commencement of the works of conversion, and
ii
no part of it has, in the period of 10 years immediately preceding the commencement of those works, been used as a dwelling or for a relevant residential purpose, and
iii
no part of it is being so used.
4
Note (7A) as substituted shall apply for the purposes of section 35 of the Value Added Tax Act 1994 and —
a
in subsection (4) of that section, at the end there shall be inserted “but this is subject to subsection (4A) below.”, and
b
after that subsection there shall be inserted —
4A
The meaning of “non-residential” given by Note (7A) of Group 5 of Schedule 8 (and not that given by Note (7) of that Group) applies for the purposes of this section but as if —
a
references in that Note to item 3 of that Group were references to this section, and
b
paragraph (b)(iii) of that Note were omitted.
Nick Ainger
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Universal Access UK Limited) Order 2001 and shall come into force on 17th August 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander
Minister of State for ECommerce, and Competitiveness,
Department of Trade and Industry
17th July 2001


text:
Citation and commencement
1
This Order may be cited as the Central Manchester Healthcare and the Manchester Children’s Hospitals National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Manchester Central Hospitals and Community Care National Health Service Trust established by the Manchester Central Hospitals and Community Care National Health Service Trust (Establishment) Order 1990 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Manchester Children’s Hospitals National Health Service Trust established by the Manchester Children’s Hospitals National Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th March 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Plymouth) Order 2001 and shall come into force on 1st April 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the city of Plymouth with the exception of the A38 trunk road together with its on and off slip roads for the whole of its length in the city of Plymouth.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
7th March 2001