text:
Citation, commencement and extent
1
1
This Order may be cited as the Persons subject to Immigration Control (Housing Authority Accommodation and Homelessness) Order 2000 and shall come into force on 3rd April 2000.
2
This Order does not extend to Wales.
3
Article 4 extends to England only.
4
Articles 5 and 8 extend to Northern Ireland only.
5
Articles 6 and 9 extend to Scotland only.
6
Article 7 extends to Scotland and Northern Ireland only.
Interpretation
2
In this Order–
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1985 Act ” means the Housing Act 1985 ;
“the 1995 Act ” means the Jobseekers Act 1995 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999;
“asylum-seeker” means a person who is not under 18 and who made a claim for asylum which is recorded by the Secretary of State as having been made on or before 2nd April 2000 but which has not been determined;
“child in need” means a child–
who is unlikely to achieve or maintain, or to have the opportunity of achieving or maintaining, a reasonable standard of health or development without the provision for him of services by a local authority under Part III of the Children Act 1989 (local authority support for children and families);
whose health or development is likely to be significantly impaired, or further impaired, without the provision for him of such services; or
who is blind, deaf or dumb or suffers from mental disorder of any kind or is substantially and permanently handicapped by illness, injury or congenital deformity or such other disability as may be prescribed by regulations made under section 17 of the Children Act 1989 (provision of services for children in need, their families and others);
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
“ Common Travel Area ” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively;
“designated course” means a course of any kind designated by regulations made by the Secretary of State for the purposes of paragraph 10 of Schedule 1 to the 1985 Act (student lettings which are not secure tenancies);
“development” means physical, intellectual, emotional, social or behavioural development;
“educational establishment” means a university or institution which provides further education or higher education (or both); and for the purposes of this definition “further education” has the same meaning as in section 2 of the Education Act 1996 (definition of further education) and “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (courses of higher education);
“family”, in relation to a child in need, includes any person who has parental responsibility for the child and any other person with whom he has been living;
“full-time course” means a course normally involving not less than 15 hours attendance a week in term time for the organised day-time study of a single subject or related subjects;
“health” means physical or mental health;
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the 1971 Act (general provisions for regulation and control);
“limited leave” means leave under the 1971 Act to enter or remain in the United Kingdom which is limited as to duration;
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
“specified education institution” means–
a university or other institution within the higher education sector within the meaning of section 91(5) of the Further and Higher Education Act 1992 (interpretation of Education Acts), in respect of a university or other institution in England, or section 56(2) of the Further and Higher Education (Scotland) Act 1992 (interpretation of Part II), in respect of a university or other institution in Scotland;
an institution in England within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992;
a college of further education in Scotland which is under the management of an education authority or which is managed by a board of management in terms of Part I of the Further and Higher Education (Scotland) Act 1992 (further education in Scotland);
a central institution in Scotland within the meaning of section 135(1) of the Education (Scotland) Act 1980 (interpretation);
an institution in England which provides a course qualifying for funding under Part I of the Education Act 1994 (teaching training);
a higher education institution in Northern Ireland within the meaning of Article 30(3) of the Education and Libraries (Northern Ireland) Order 1993 (funding by Department of higher education); or
an institution of further education in Northern Ireland within the meaning of Article 3 of the Further Education (Northern Ireland) Order 1997 (definition of “further education”).
Housing authority accommodation — England, Scotland and Northern Ireland
3
The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act (housing authority accommodation) in respect of England, Scotland and Northern Ireland–
a
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Refugee Convention;
b
Class B — a person–
i
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
ii
whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C — a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person–
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
ii
who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
d
Class D — a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
e
Class E — a person who is–
i
a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 ;
ii
lawfully present in the United Kingdom; and
iii
habitually resident in the Common Travel Area;
f
Class F — a person who is attending a full-time course at a specified education institution in a case where the housing accommodation which is or may be provided to him–
i
is let by a housing authority to that specified education institution for the purposes of enabling that institution to provide accommodation for students attending a full-time course at that institution; and
ii
would otherwise be difficult for that housing authority to let on terms which, in the opinion of the housing authority, are satisfactory.
Housing authority accommodation — England
4
1
The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act in respect of England–
a
Class G — a person who is owed a duty under section 21 of the National Assistance Act 1948 (duty of local authorities to provide accommodation);
b
Class H — a person who is either a child in need or a member of the family of a child in need;
c
Class I — a person —
i
who is owed a duty under section 63(1) (interim duty to accommodate in case of apparent priority need), 65(2) or (3) (duties to persons found to be homeless) or 68(1) or (2) (duties to persons whose applications are referred) of the 1985 Act ;
ii
who is owed a duty under section 188(1) (interim duty to accommodate in case of apparent priority need), 190(2) (duties to persons becoming homeless intentionally), 193(2) (duty to persons with priority need who are not homeless intentionally), 195(2) (duties in case of threatened homelessness) or 200(1), (3) or (4) (duties to applicant whose case is considered for referral or referred) of the Housing Act 1996 ; or
iii
in respect of whom a local housing authority are exercising their power under section 194(1) (power exercisable after minimum period of duty under section 193) of the Housing Act 1996;
d
Class J — an asylum-seeker to whom, or a dependant of an asylum-seeker to whom, a local authority is required to provide support in accordance with regulations made under Schedule 9 to the 1999 Act (asylum support: interim provisions);
e
Class K — a person who is attending a designated course, which is a full-time course, at an educational establishment in a case where the housing accommodation which is or may be provided to him by a local housing authority–
i
is not and will not be let to him as a secure tenancy by virtue of paragraph 10 of Schedule 1 to the 1985 Act (student lettings which are not secure tenancies); and
ii
would otherwise be difficult for that local housing authority to let on terms which, in the opinion of the local housing authority, are satisfactory;
f
Class L — a person who has a secure tenancy within the meaning of section 79 of the 1985 Act (secure tenancies).
2
“Dependant”, in relation to an asylum-seeker within paragraph (1)(d) (Class J), means a person in the United Kingdom who–
a
is his spouse;
b
is a child of his, or of his spouse, who is under 18 and dependent on him; or
c
falls within such additional category as may be prescribed under section 94(1) of the 1999 Act (interpretation of Part VI — support for asylum-seekers), for the purposes of regulations made under Schedule 9 to the 1999 Act (asylum support: interim provisions), in relation to an asylum-seeker.
Housing authority accommodation — Northern Ireland
5
The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act in respect of Northern Ireland–
a
Class M — a person who is a secure tenant of the Northern Ireland Housing Executive or a registered housing association within the meaning of Article 25 of the Housing (Northern Ireland) Order 1983 (secure tenancies);
b
Class N — a person who is owed a duty under Article 8 (interim duty to accommodate in case of apparent priority need), 10(2) or (3) (duties to persons found to be homeless) or 11(2) (duties to persons found to be threatened with homelessness) of the Housing (Northern Ireland) Order 1988 .
Housing authority accommodation — Scotland
6
The following are classes of persons specified for the purposes of section 118(1) of the 1999 Act in respect of Scotland —
a
Class O — a person who is a secure tenant within the meaning of Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants);
b
Class P — a person who is owed a duty under section 29 (interim duty to accommodate in case of apparent priority need), 31 (duties to persons found to be homeless), 32 (duties to persons found to be threatened with homelessness) or 34 (duties to persons whose applications are referred to another local authority) of the Housing (Scotland) Act 1987.
Homelessness — Scotland and Northern Ireland
7
1
The following are classes of persons specified for the purposes of section 119(1) of the 1999 Act (homelessness: Scotland and Northern Ireland) in respect of Scotland and Northern Ireland–
a
the classes specified in article 3(a) to (e) (Class A, Class B, Class C, Class D and Class E);
b
Class Q — a person who is an asylum-seeker and who made a claim for asylum–
i
which is recorded by the Secretary of State as having been made on his arrival (other than on re-entry) in the United Kingdom from a country outside the Common Travel Area; and
ii
which has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned;
c
Class R — a person who is an asylum-seeker and–
i
who made a relevant claim for asylum on or before 4th February 1996; and
ii
who was, on 4th February 1996, entitled to benefit under regulation 7A of the Housing Benefit (General) Regulations 1987 (persons from abroad) or regulation 7A of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (persons from abroad).
2
In paragraph (1)(c)(i), a relevant claim for asylum is a claim for asylum which–
a
has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned; or
b
has been recorded as having been decided (other than on appeal) on or before 4th February 1996 and in respect of which an appeal is pending which–
i
was pending on 5th February 1996; or
ii
was made within the time limits specified in the rules of procedure made under section 22 of the 1971 Act (procedure) .
Homelessness — Northern Ireland
8
1
The following are classes of persons specified for the purposes of section 119(1) of the 1999 Act in respect of Northern Ireland–
a
Class S — a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because–
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules; and
ii
he is temporarily without funds because remittances to him from abroad have been disrupted;
b
Class T — a person who is an asylum-seeker and–
i
who was in Northern Ireland when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
ii
who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
iii
whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned.
2
For the purposes of paragraph (1)(a) (Class S)–
a
“an income-based jobseeker’s allowance” means a jobseeker’s allowance which is payable under the Jobseekers (Northern Ireland) Order 1995 and entitlement to which is based on the claimant satisfying conditions which include those set out in Article 5 of that Order (the income-based conditions);
b
“income support” has the same meaning as in section 123 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (income support);
c
“relevant immigration rules” means the immigration rules relating to–
i
there being or there needing to be no recourse to public funds; or
ii
there being no charge on public funds; and
d
a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day–
i
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with Article 21 of the Jobseekers (Northern Ireland) Order 1995 (circumstances in which a jobseeker’s allowance is not payable); or
ii
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Order (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for Article 21 of that Order.
Homelessness — Scotland
9
1
The following are classes of persons specified for the purposes of section 119(1) of the 1999 Act in respect of Scotland–
a
Class U — a person who is on an income-based jobseeker’s allowance or in receipt of income support and is eligible for that benefit other than because–
i
he has limited leave to enter or remain in the United Kingdom which was given in accordance with the relevant immigration rules; and
ii
he is temporarily without funds because remittances to him from abroad have been disrupted;
b
Class V — a person who is an asylum-seeker and–
i
who was in Great Britain when the Secretary of State made a declaration to the effect that the country of which that person is a national is subject to such a fundamental change in circumstances that he would not normally order the return of a person to that country;
ii
who made a claim for asylum which is recorded by the Secretary of State as having been made within a period of three months from the day on which that declaration was made; and
iii
whose claim for asylum has not been recorded by the Secretary of State as having been either decided (other than on appeal) or abandoned.
2
For the purposes of paragraph (1)(a) (Class U)–
a
“an income-based jobseeker’s allowance” means a jobseeker’s allowance which is payable under the 1995 Act and entitlement to which is based on the claimant satisfying conditions which include those set out in section 3 of the 1995 Act (the income-based conditions);
b
“income support” has the same meaning as in section 124 of the Social Security Contributions and Benefits Act 1992 (income support);
c
“relevant immigration rules” means the immigration rules relating to–
i
there being or there needing to be no recourse to public funds; or
ii
there being no charge on public funds; and
d
a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day–
i
in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with section 19 of the 1995 Act (circumstances in which jobseeker’s allowance is not payable); or
ii
which is a waiting day for the purposes of paragraph 4 of Schedule 1 to the 1995 Act (waiting days) and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for section 19 of the 1995 Act.
Revocation
10
The following Orders are revoked–
a
the Housing Accommodation and Homelessness (Persons subject to Immigration Control) Order 1996 , in so far as it extends to England and Scotland;
b
the Homelessness (Persons subject to Immigration Control) (Amendment) Order 1997 , in so far as it extends to England and Scotland;
c
the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) Order 1998 , in so far as it extends to England;
d
the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Northern Ireland) Order 1998 ;
e
the Housing Accommodation and Homelessness (Persons subject to Immigration Control) (Amendment) (Scotland) Order 1999 ; and
f
the Housing Accommodation (Persons subject to Immigration Control) (Amendment) (England) Order 1999 .
Barbara Roche
Minister of State
Home Office
7th March 2000


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Army, Air Force and Naval Discipline Acts (Continuation) Order 2000.
2
The Army Act 1955 , the Air Force Act 1955 and the Naval Discipline Act 1957 shall continue in force for a period of twelve months beginning on the day immediately following 31st August 2000 (which is the date on which those Acts would otherwise expire).
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Designation of Schools Having a Religious Character (England) Order 2000 and shall come into force on 1st November 2000.
2
1
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 (or as the case may be, each such religion or religious denomination).
2
In this Order a reference to the Schedule is a reference to the Schedule to this Order.
3
The schools listed in the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (3).
5
Regulation 5 of, and Part II of the Schedule to, the Designation of Schools Having a Religious Character (England) Order 1999 (provisional designation of certain schools) are hereby revoked.
Caroline Macready
Divisional Manager,
Department for Education and Employment
1st November 2000


text:
Citation and commencement
1
This Order may be cited as the Greater London Highways and Road Traffic (Various Provisions) Order 2000 and shall come into force on 3rd July 2000.
Town and Country Planning Act 1990 Part X — transitional provision
2
1
This article applies where an application requesting the Secretary of State to make an order under section 247, 248 or 249 of the Town and Country Planning Act 1990 is received by him before 3rd July 2000.
2
Where this article applies, Part X of the Town and Country Planning Act 1990 shall apply in relation to any order requested by the application to be made, as if the amendments made to that Part by Schedule 22 to the Greater London Authority Act 1999 had not been made and the Secretary of State may accordingly continue to deal with the application until —
a
he makes an order, or decides not to make an order, in pursuance of it; or
b
the application is withdrawn.
Procedure for the making of traffic orders by Transport for London
3
1
Schedule 9 to the Road Traffic Regulation Act 1984 shall be amended as follows.
2
In paragraph 20(1) (consultation with the chief officer of police) —
a
for “a local authority make” there shall be substituted “making”;
b
for “they” there shall be substituted “a local authority or Transport for London”;
c
after “Part II of this Schedule” there shall be inserted “or any other provision of this Act”;
d
after “the authority” there shall be inserted “or, as the case may be, Transport for London”.
3
In paragraph 23(1) (procedure for orders made by a London borough council or the Common Council of the City of London —
a
after “Common Council of the City of London” there shall be inserted “or Transport for London”;
b
after “that council” in both places where those words occur there shall be inserted “or Transport for London”.
4
The amendments to the Local Authorities' Traffic Orders (Procedure) Regulations 1996 in Schedule 1 to this Order shall have effect.
Areas not to be included in a special parking area
4
The areas in the City of Westminster comprised of the roads specified in Schedule 2 to this Order are hereby specified for the purposes of section 76A(3)(a) of the Road Traffic Act 1991 (areas not to be brought within a special parking area).
Amendment of the Road Traffic (Parking Adjudicators) (London) Regulations 1993
5
1
The Road Traffic (Parking Adjudicators) (London) Regulations 1993 shall be amended as follows.
2
In regulation 2 for the definition of “local authority” there shall be substituted —
“local authority” (except in regulation 3) means —
in a case where Transport for London made the disputed decisions, Transport for London;
in any other case, the London authority which made the disputed decision;
.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th June 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Roads Designation Order 2000 and shall come into force on 22nd May 2000.
Designation of GLA roads
2
1
The highways specified in the Schedule to this Order are hereby designated as GLA roads.
2
In accordance with section 14A(2) of the Highways Act 1980 3rd July 2000 is hereby specified as the date on which those highways are to become GLA roads.
Interpretation of the Schedule
3
In the Schedule to this Order —
a
a reference to the boundary of London is a reference to the boundary of Greater London;
b
the description of a highway includes the intersection of that road and any other road that crosses it at the same level; and
c
the description of a highway which, or any length of which, is a trunk road includes any highway constructed as part of the trunk road for the purpose of relieving the main carriageway of the trunk road from local traffic.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2000


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2000 and shall come into force on 18th June 2000.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 25th June 2000; or
ii
if the claim for income support is for a period commencing after 25th June 2000, from the first day of the first benefit week commencing after 18th June 2000;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 25th June 2000;
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “6.92 per cent.” there shall be substituted the words “7.44 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 2000
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 2000 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
22nd May 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Sharing (Valuation) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993 ;
“the 1995 Act ” means the Pensions Act 1995 ;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“employer” has the meaning given by section 181(1) of the 1993 Act;
“occupational pension scheme” has the meaning given by section 1 of the 1993 Act;
“pension arrangement” has the meaning given by section 46(1) of the 1999 Act;
“relevant arrangement” has the meaning given by section 29(8) of the 1999 Act;
“relevant benefits” has the meaning given by section 612 of the Income and Corporation Taxes Act 1988 ;
“scheme” means an occupational pension scheme;
“scheme actuary”, in relation to a scheme to which section 47(1)(b) of the 1995 Act applies, means the actuary mentioned in section 47(1)(b) of that Act;
“transfer credits” has the meaning given by section 181(1) of the 1993 Act;
“transferor” has the meaning given by section 29(8) of the 1999 Act;
“trustees or managers” has the meaning given by section 46(1) of the 1999 Act;
“valuation day” has the meaning given by section 29(7) of the 1999 Act.
Rights under a pension arrangement which are not shareable
2
1
Rights under a pension arrangement which are not shareable are —
a
subject to paragraph (2), any rights accrued between 1961 and 1975 which relate to contracted-out equivalent pension benefit within the meaning of section 57 of the National Insurance Act 1965 (equivalent pension benefits, etc. );
b
any rights in respect of which a person is in receipt of —
i
a pension;
ii
an annuity;
iii
payments under an interim arrangement within the meaning of section 28(1A) of the 1993 Act (ways of giving effect to protected rights); or
iv
income withdrawal within the meaning of section 630(1) of the Income and Corporation Taxes Act 1988 (interpretation),
by virtue of being the widow, widower or other dependant of a deceased person with pension rights under a pension arrangement; and
c
any rights which do not result in the payment of relevant benefits.
2
Paragraph (1)(a) applies only when those rights are the only rights held by a person under a pension arrangement.
Calculation and verification of cash equivalents for the purposes of the creation of pension debits and credits
3
For the purposes of section 29 of the 1999 Act (creation of pension debits and credits), cash equivalents may be calculated and verified —
a
where the relevant arrangement is an occupational pension scheme in accordance with regulations 4 and 5; or
b
in any other case, in accordance with regulations 6 and 7.
Occupational pension schemes: manner of calculation and verification of cash equivalents
4
1
In a case to which, or to the extent to which, paragraph (2) or (5) does not apply, cash equivalents are to be calculated and verified in such manner as may be approved in a particular case by the scheme actuary or, in relation to a scheme to which section 47(1)(b) of the 1995 Act (professional advisers) does not apply, by —
a
a Fellow of the Institute of Actuaries;
b
a Fellow of the Faculty of Actuaries ; or
c
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the trustees or managers of the scheme in question, as being a proper person to act for the purposes of these Regulations in connection with that scheme
and, subject to paragraph (2), in the following paragraphs of this regulation and in regulation 5 “actuary” means the scheme actuary or, in relation to a scheme to which section 47(1)(b) of the 1995 Act does not apply, the actuary referred to in sub-paragraph (a), (b) or (c) of this paragraph.
2
Where the transferor in respect of whose rights a cash equivalent is to be calculated and verified, is a member of a scheme having particulars from time to time set out in regulations made under section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.), that cash equivalent shall be calculated and verified in such manner as may be approved by the Government Actuary or by an actuary authorised by the Government Actuary to act on his behalf for that purpose and in such a case “actuary” in this regulation and in regulation 5 means the Government Actuary or the actuary so authorised.
3
Except in a case to which paragraph (5) applies, cash equivalents are to be calculated and verified by adopting methods and making assumptions which —
a
if not determined by the trustees or managers of the scheme in question, are notified to them by the actuary; and
b
are certified by the actuary to the trustees or managers of the scheme —
i
as being consistent with “Retirement Benefit Schemes — Transfer Values (GN11)” published by the Institute of Actuaries and the Faculty of Actuaries and current on the valuation day ;
ii
as being consistent with the methods adopted and assumptions made, at the time when the certificate is issued, in calculating the benefits to which entitlement arises under the rules of the scheme in question for a person who is acquiring transfer credits under those rules; and
iii
in the case of a scheme to which section 56 of the 1995 Act (minimum funding requirement) applies as providing as a minimum an amount, consistent with the methods adopted and assumptions made in calculating, for the purposes of section 57 of that Act (valuation and certification of assets and liabilities), the liabilities mentioned in section 73(3)(a), (aa), (b), (c)(i) and (d) of that Act (preferential liabilities on winding up), subject, in any case where the cash equivalent calculation is made on an individual and not a collective basis, to any adjustments which are appropriate to take account of that fact.
4
If, by virtue of Schedule 5 to the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 (modifications), section 56 of the 1995 Act applies to a section of a scheme as if that section were a separate scheme, paragraph (3)(b)(iii) shall apply as if that section were a separate scheme and if the reference therein to a scheme were accordingly a reference to that section.
5
Where a cash equivalent or any portion of a cash equivalent relates to money purchase benefits which do not fall to be valued in a manner which involves making estimates of the value of benefits, then that cash equivalent or that portion shall be calculated and verified in such manner as may be approved in particular cases by the trustees or managers of the scheme.
Occupational pension schemes: further provisions as to the calculation of cash equivalents and increases and reductions of cash equivalents
5
1
Where it is the established custom for additional benefits to be awarded from the scheme at the discretion of the trustees or managers or the employer, the cash equivalent shall, unless the trustees or managers have given a direction that cash equivalents shall not take account of such benefits, take account of any such additional benefits as will accrue to the transferor if the custom continues unaltered.
2
The trustees or managers shall not make a direction such as is mentioned in paragraph (1) unless, within 3 months before making the direction, they have consulted the actuary and have obtained the actuary’s written report on the implications for the state of funding of the scheme of making such a direction, including the actuary’s advice as to whether or not in the actuary’s opinion there would be any adverse implications for the funding of the scheme should the trustees or managers not make such a direction.
3
Subject to paragraph (6), in the case of a scheme to which section 56 of the 1995 Act applies, each respective part of the cash equivalent which relates to liabilities referred to in section 73(3)(a), (aa), (b), (c)(i) or (d) of the 1995 Act may be reduced by the percentage which is the difference between —
a
100 per cent; and
b
the percentage of the liabilities mentioned in the relevant paragraph of section 73(3) which the actuarial valuation shows the scheme assets as being sufficient to satisfy
where the actuarial valuation is the latest actuarial valuation obtained in accordance with section 57 of the 1995 Act before the valuation day.
4
If, by virtue of Schedule 5 to the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996, section 56 of the 1995 Act applies to a section of a scheme as if that section were a separate scheme, paragraph (3) shall apply as if that section were a separate scheme, and as if the reference therein to a scheme were accordingly a reference to that section.
5
The reduction referred to in paragraph (3) shall not apply to a case where liability in respect of a pension credit is to be discharged in accordance with paragraph 1(2) of Schedule 5 to the 1999 Act (pension credits: mode of discharge — funded pension schemes).
6
Where a scheme has begun to be wound up, a cash equivalent may be reduced to the extent necessary for the scheme to comply with sections 73 and 74 of the 1995 Act (discharge of liabilities by insurance, etc.), and the Occupational Pension Schemes (Winding Up) Regulations 1996 .
7
If, by virtue of the Occupational Pension Schemes (Winding Up) Regulations 1996, section 73 of the 1995 Act applies to a section of a scheme as if that section were a separate scheme, paragraph (6) shall apply as if that section were a separate scheme and as if the references therein to a scheme were accordingly references to that section.
8
Where all or any of the benefits to which a cash equivalent relates have been surrendered, commuted or forfeited before the date on which the trustees or managers discharge their liability in respect of the pension credit in accordance with the provisions of Schedule 5 to the 1999 Act, the cash equivalent of the benefits so surrendered, commuted or forfeited shall be reduced to nil.
9
In a case where two or more of the paragraphs of this regulation fall to be applied to a calculation, they shall be applied in the order in which they occur in this regulation.
Other relevant arrangements: manner of calculation and verification of cash equivalents
6
1
Except in a case to which paragraph (3) applies, cash equivalents are to be calculated and verified in such manner as may be approved in a particular case by —
a
a Fellow of the Institute of Actuaries;
b
a Fellow of the Faculty of Actuaries; or
c
a person with other actuarial qualifications who is approved by the Secretary of State, at the request of the person responsible for the relevant arrangement, as being a proper person to act for the purposes of this regulation and regulation 7 in connection with that arrangement,
and in paragraph (2) “actuary” means any person such as is referred to in sub-paragraph (a), (b) or (c) of this paragraph.
2
Except in a case to which paragraph (3) applies, cash equivalents are to be calculated and verified by adopting methods and making assumptions which —
a
if not determined by the person responsible for the relevant arrangement, are notified to them by an actuary; and
b
are certified by an actuary to the person responsible for the relevant arrangement as being consistent with “Retirement Benefit Schemes — Transfer Values (GN11)”, published by the Institue of Actuaries and the Faculty of Actuaries and current on the valuation day.
3
Where a transferor’s cash equivalent, or any portion of it —
a
represents his rights to money purchase benefits under the relevant arrangement; and
b
those rights do not fall, either wholly or in part, to be valued in a manner which involves making estimates of the value of benefits,
then that cash equivalent, or that portion of it, shall be calculated and verified in such manner as may be approved in a particular case by the person responsible for the relevant arrangement.
4
This regulation and regulation 7 apply to a relevant arrangement other than an occupational pension scheme.
Other relevant arrangements: reduction of cash equivalents
7
Where all or any of the benefits to which a cash equivalent relates have been surrendered, commuted or forfeited before the date on which the person responsible for the relevant arrangement discharges his liability for the pension credit in accordance with the provisions of Schedule 5 to the 1999 Act, the cash equivalent of the benefits so surrendered, commuted or forfeited shall be reduced in proportion to the reduction in the total value of the benefits.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
13th April 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2000 and shall come into force on 5th February 2000.
2
In these Regulations, “the 1992 Act ” means the Local Government Finance Act 1992.
3
These Regulations have effect in relation to the financial year beginning on 1st April 2000 and in relation to authorities in England only .
Budget requirement (billing authorities) — calculation
2
Section 32 of the 1992 Act shall be read as if–
a
in paragraph (e) of subsection (2) , for the words from “ pursuant to a direction under that subsection” to the end of that paragraph there were substituted the following–
either–
i
pursuant to a direction under that subsection relating to the difference between amounts in respect of community charges credited and charged to a revenue account for any earlier financial year, or
ii
pursuant to the direction under that subsection which is contained in the Collection Fund (Council Tax Benefit) (England) Directions 2000 made by the Secretary of State on 2nd February 2000 .
;
b
for subsection (12) there were substituted the following subsection–
12
In this section and section 33 below–
“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the relevant police grant report as excludes the amounts shown in column (b) of the Table set out below that paragraph;
“relevant special grant” means any of the following grants, that is to say–
the special grant payable in accordance with paragraphs 4 and 7 of the special grant report for England (Special Grant Report ( No. 52)) approved by a resolution of the House of Commons pursuant to section 88B of the 1988 Act on 3rd February 2000; and
the special grant payable in accordance with paragraphs 5 and 8 of that special grant report; and
the special grant payable in accordance with paragraphs 6 and 9 of that special grant report; and in this subsection “the relevant police grant report” means the police grant report (The Police Grant Report (England and Wales) 2000/01) approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 3rd February 2000.
.
Basic amount of council tax (billing authorities) — calculation
3
Section 33(3) of the 1992 Act shall be read as if–
a
there were substituted for the formula the following–
W + X - ( Y + Z + E )
;
b
there were added after the definition of the figure Z the following–
E is the same amount as it is in the direction mentioned in section 32(2)(e)(ii) above (being an amount representing the authority’s contribution to council tax benefit resulting from the increase in its council tax)
.
Budget requirement (major precepting authorities other than the Greater London Authority) — calculation
4
Paragraph (a) of section 43(2) of the 1992 Act shall be read as if for the words from “other than expenditure which it estimates ” to the end of that paragraph there were substituted the following–
other than–
i
expenditure which it estimates will be so incurred in pursuance of regulations under section 99(3) of the 1988 Act, and
ii
expenditure which it estimates will be so incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999 ;
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) — calculation
5
Section 44(3) of the 1992 Act shall be read as if–
a
the word “and” at the end of paragraph (a) were omitted;
b
there were added after paragraph (b) the following–
and
c
reduced by the aggregate amount of any sums which the authority estimates will be paid by it in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Budget requirement (Greater London Authority) — calculations
6
Section 85 of the Greater London Authority Act 1999 shall be read as if after subsection (4) there were inserted the following subsection–
4A
The expenditure aggregated under subsection (4) above shall not include expenditure that will be incurred in making payments to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Basic amount of council tax (Greater London Authority) — calculations
7
Section 89 of the Greater London Authority Act 1999 shall be read as if after subsection (6) there were inserted the following subsection–
6A
The aggregate of the sums mentioned in item P2 in subsection (4) shall be reduced by the aggregate amount of any sums which the Secretary of State (or where the calculation is made after 2nd July 2000, the Authority) estimates will be paid by the Authority in the year to billing authorities in accordance with section 31(3) of the Local Government Act 1999.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
3rd February 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Children (Performances) (Amendment) (No. 2) Regulations 2000, and shall come into force on 29th September 2000.
2
In these Regulations, “the 1968 Regulations ” means the Children (Performances) Regulations 1968 .
3
These Regulations extend to England only.
Amendment of the 1968 Regulations
2
1
The 1968 Regulations are amended in accordance with the provisions of this regulation.
2
In regulation 10(4) (education) —
a
omit “on location” in each place where those words occur, and
b
omit sub-paragraph (e).
3
In regulation 27 —
a
in the heading, for “thirteen” substitute “nine”,
b
in paragraph (1), for “thirteen” substitute “nine”,
c
in paragraph (1)(a), for “eight” substitute “nine and a half”,
d
for sub-paragraph (b) of paragraph (1), substitute “(b) before seven in the morning or after seven in the evening.”,
e
in paragraph (2)(a), after “performance or rehearsal” insert “ either between the hours of seven in the morning and seven in the evening or”,
f
in paragraph (2)(a)(iii), for “eight” substitute “nine and a half ”,
g
in paragraph (2)(b), after “twelve hours” insert “either between the hours of seven in the morning and seven in the evening or”,
h
in paragraph (3), for “thirteen” substitute “nine”,
i
in paragraph (3)(b), for “three and a half” substitute “four”,
j
in paragraph (4), for “thirteen” substitute “nine”.
4
In regulation 28 —
a
in the heading, for “twelve” substitute “eight”,
b
for “the age of thirteen” in each place where those words occur, substitute “the age of nine”,
c
in paragraph (1)(b), delete “, except that a child who has attained the age of ten years may be present until five in the afternoon”,
d
omit paragraph (2).
5
In regulation 37 —
a
in the heading, for “thirteen” substitute “nine”,
b
in paragraph (1), for “thirteen” substitute “nine”,
c
in paragraph (1)(a), for “eight” substitute “nine and a half”,
d
for sub-paragraph (b) of paragraph (1), substitute “(b) before seven in the morning or after seven in the evening.”,
e
in paragraph (2)(b), for “three and a half” substitute “four”.
6
In regulation 38 —
a
in the heading, for “twelve” substitute “eight”,
b
in paragraph (1), for “thirteen” substitute “nine”,
c
in paragraph (1)(b), delete “, except that a child who has attained the age of ten years may be present until five in the afternoon”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd September 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Atlas Communications (UK) Ltd) Order 2000 and shall come into force on 19th January 2001.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Patricia Hewitt,
Minister of State for Small Business and ECommerce,
Department of Trade and Industry
20th December 2000


text:
Citation and commencement
1
This Order may be cited as the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 5th April 2000.
Amendment of NHS trust Establishment Order
2
For article 3 of the Blackpool, Wyre and Fylde Community Health Services National Health Service Trust (Establishment) Order 1993 (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods, hospital accommodation and services and community health services, at or from the following hospitals, establishments or facilities for the purposes of the health service, namely,
a
Wesham Park Hospital, Derby Road, Wesham, Preston PR4 3AL;
b
Rossall Hospital, Westway, Rossall, Fleetwood, Lancashire FY7 8JH;
c
The site at Kincraig Road, Blackpool FY2 0HF,
and at or from any associated hospitals, establishments and facilities.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
4th April 2000


text:
Citation and commencement
1
This Order may be cited as the Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000 and shall come into force for the purposes of article 3(2) on 1st April 2000 and for all other purposes on 8th February 2000.
Extent and interpretation
2
1
Subject to the following paragraphs, this Order extends only to England and Wales.
2
Article 1, this Article, paragraphs 3, 5, 8, 11, 14, 22, 26, 28, 29 and 33 of Schedule 1 to this Order and article 3(1), in so far as it relates to those paragraphs, extend to the whole of the United Kingdom.
3
Paragraphs 6, 9, 23, 27 and 30 of Schedule 1 to this Order and article 3(1), in so far as it relates to those paragraphs, extend to England and Wales and to Scotland, but not to Northern Ireland.
4
Paragraphs 2 and 4 of Schedule 2 to this Order and article 3(2), in so far as it relates to those paragraphs, extend to England and Wales and to Scotland, but not to Northern Ireland.
5
Any reference to a Primary Care Trust in any enactment amended by this Order is to be construed as a reference to a Primary Care Trust established for an area in England.
Consequential amendments
3
1
The enactments specified in Schedule 1 to this Order are amended as there specified.
2
The enactments specified in Schedule 2 to this Order are amended as there specified.
Use and development of consecrated land and burial grounds
4
Sections 238 and 239 of the Town and Country Planning Act 1990 (use and development of consecrated land and burial grounds) shall apply to consecrated ground or, as the case may be, land comprised in a burial ground (within the meaning of section 240 of that Act) which a Primary Care Trust established for an area in England holds for any of its purposes as if–
a
that land had been the subject of a relevant acquisition (within the meaning of that section) by the trust, and
b
the trust were a statutory undertaker within the meaning of those sections .
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
18th January 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sunderland West Primary Care Trust (Establishment) Order 2000 and shall come into force on 7th August 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“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 Sunderland West 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 Sunderland West 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 Sunderland 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 Sunderland 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 Priority Healthcare Wearside 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.
Exercise of functions
8
In exercising the functions conferred on it under section 17A(1) of the Act the trust shall not provide services directly to patients.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
25th July 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) (England) Regulations 2000 and shall come into force on 1st August 2000.
2
These Regulations apply in relation to maintained schools in England.
Revocation
2
The Education (National Curriculum) (Exceptions at Key Stage 4) Regulations 1998 are hereby revoked .
Interpretation
3
1
In these Regulations —
“ the Act ” means the Education Act 1996;
“approved qualification” means a qualification approved under section 400 of the Act;
“curriculum plan” has the meaning given by regulation 4;
“induction programme” means a programme to prepare a pupil for his extended work-related learning programme;
“key skills” has the meaning given by regulation 5;
“Key Stage 4” is to be construed in accordance with section 355(1) of the Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“the QCA” means the Qualifications and Curriculum Authority;
“school”, in relation to any pupil, means the school at which he is registered under section 434 of the Act; and
“extended work-related learning programme” has the meaning given by regulation 6.
2
In these Regulations references to the head teacher include references to a person nominated by him.
3
In these Regulations, unless the context otherwise requires, a reference to a numbered regulation is a reference to a regulation in these Regulations so numbered and any reference to a paragraph is to a paragraph of the regulations in which the reference is made and any reference to a sub-paragraph is a reference to a sub-paragraph of the paragraph in which the reference is made.
Curriculum Plan
4
In these Regulations a curriculum plan is a plan which sets out —
a
the contents of the curriculum to be provided for a pupil;
b
the National Curriculum subjects to be disapplied; and
c
the educational targets to be achieved by that plan,
with the aim of ensuring that the pupil receives an appropriate, broad and balanced curriculum.
Key Skills
5
In these Regulations “key skills” means those skills known as —
a
application of number;
b
communication;
c
information technology;
d
working with others;
e
improving own learning and performance; and
f
problem solving,
which are taken into account by the Secretary of State in approving qualifications under section 400 of the Act.
Extended Work-Related Learning Programme
6
In these Regulations an extended work-related learning programme is a programme which —
a
offers pupils experience of the working environment and working practices;
b
provides pupils with the opportunity to develop literacy, numeracy and key skills through such experience;
c
is designed to complement the education being provided to pupils through the remainder of the curriculum which they are studying at school;
d
contributes, so far as is practicable, towards approved qualifications, whether vocational or not; and
e
cannot be provided alongside the full National Curriculum at Key Stage 4.
Disapplication of the National Curriculum
7
1
The provisions of the National Curriculum specified in this regulation shall not apply to a pupil in the following circumstances —
a
the pupil is participating in an extended work-related learning programme; or
b
the pupil has, in the opinion of the head teacher, demonstrated strengths in a particular curriculum area and is emphasising that curriculum area; or
c
the pupil is, in the opinion of the head teacher, making significantly less progress than other pupils of his age group and is consolidating his learning and progress across the curriculum.
2
The head teacher may determine in the case of a pupil to whom paragraph 1(a) applies that the provisions of the National Curriculum regarding one or two of the following subjects should not apply to him:
a
modern foreign language;
b
design and technology;
c
science.
3
The head teacher may determine in the case of a pupil to whom paragraph 1(b) or (c) applies that the requirements of the National Curriculum regarding one or both of the following subjects should not apply to him:
a
modern foreign language;
b
design and technology.
4
In no circumstances shall these Regulations permit a pupil to have more than two of the subjects referred to in paragraph (2) disapplied in relation to him.
Criteria to be satisfied before disapplication of the National Curriculum
8
1
Before a decision is made to disapply the National Curriculum, a head teacher shall —
a
satisfy himself that the educational benefits to the pupil of disapplication of the National Curriculum outweigh any disadvantages he may suffer as a result of not studying the full National Curriculum;
b
ensure that a careers interview with the pupil has taken place.
2
When a decision to disapply the National Curriculum has been made in respect of a pupil the head teacher shall:
a
agree a curriculum plan with the pupil and his parents;
b
ensure that the pupil’s entitlement to study a broad curriculum is maintained and his opportunities for continuing his studies beyond Key Stage 4 are safeguarded;
c
ensure that the modified curriculum is properly monitored.
3
The reference to a careers interview in paragraph (1) means an interview between the pupil and an impartial and informed adult which enables the pupil to consider and discuss his career ambitions, the proposed programme and the implications for him of the disapplication of the National Curriculum.
Additional criteria to be satisfied for the purposes of Regulation 7(1)(a)
9
Where the National Curriculum is being disapplied in the circumstances set out in regulation 7(1)(a), the head teacher shall —
a
nominate a person (“the mentor”) at every place where the pupil participates in the work-related learning programme who shall have day-to-day responsibility for the pupil including —
i
assisting the school with the preparation of the pupil’s curriculum plan and induction programme;
ii
supporting and developing the pupil’s skills; and
iii
attending the meetings referred to in paragraph (c) below;
b
make arrangements for the pupil to have an induction programme;
c
arrange a meeting at least every six months between the pupil, his parents, a representative of the school who has responsibility for that programme and his mentor;
d
ensure that, as far as is practicable, the pupil’s timetable is arranged, preparatory work is carried out, and liaison with those persons mentioned in paragraph (c) is maintained, so as to ensure that the requirements of his curriculum plan are met;
e
make arrangements to monitor the attendance, progress and achievements of the pupil and provide a report on them to the pupil each term.
Additional criteria to be satisfied for the purpose of Regulation 7(1)(b)
10
Where the National Curriculum is being disapplied in the circumstances set out in regulation 7(1)(b), the head teacher shall ensure that —
a
the course or courses which are to be studied by the pupil in place of National Curriculum subjects complement his other studies and result in an emphasis in a particular curriculum area;
b
the disapplication of the National Curriculum takes effect from the commencement of Key Stage 4; and
c
the course or courses lead, as far as is practicable, to approved qualifications.
Additional criteria to be satisfied for the disapplication of the National Curriculum for the purpose of regulation 7(1) (c)
11
Where the National Curriculum is being disapplied in the circumstances set out in regulation 7(1)(c), the head teacher shall ensure that —
a
the extra time made available to the pupil by disapplication of the National Curriculum is used to consolidate his learning across the curriculum; and
b
the disapplication lessens the assessment demands on the pupil.
Modification of statutory programmes of study for National Curriculum subjects
12
A head teacher may modify programmes of study in modern foreign language, design and technology or science to provide pupils with courses leading to qualifications specified for this purpose in the annual circular listing qualifications and syllabuses that have been approved by the Secretary of State under section 400 of the Act .
Information to be supplied by schools to the QCA when National Curriculum is disapplied or modified.
13
1
The head teacher shall supply the QCA no later than 30th October in each year with details of —
a
the number of pupils in the first and second years of Key Stage 4 for whom the National Curriculum has been disapplied under these Regulations;
b
the subjects in question; and
c
the purposes for which the National Curriculum has been disapplied.
2
For those pupils for whom the National Curriculum has been disapplied in the circumstances set out in regulation 7(1)(a), the head teacher shall supply the QCA no later than 30th October in each year with details of:
a
the content of the extended work-related learning programme;
b
the names of the organisations involved in supplying those programmes;
c
any approved qualifications to which those programmes contribute.
3
For those pupils for whom the National Curriculum has been disapplied in the circumstances set out in regulation 7(1)(b), the head teacher shall supply the QCA no later than 30th October in each year with details of —
a
the curriculum areas being emphasised;
b
any approved qualifications pupils are working towards in these areas.
4
For those pupils for whom the National Curriculum has been disapplied in the circumstances set out in regulation 7(1)(c), the head teacher shall supply the QCA no later than 30th October in each year with details of the content of the programmes put in place to consolidate the pupils' learning.
5
The head teacher shall supply to the QCA no later than 30th October in each year details of —
a
the number of pupils who are pursuing modified programmes of study for National Curriculum subjects in accordance with regulation 12;
b
the subjects in which programmes of study are being modified;
c
the qualifications which the pupils are working towards in the subjects where programmes of study have been modified.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
19th April 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000 and shall come into force on 1st July 2002.
2
These Regulations apply to England.
Amendment of previous Regulations
2
The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 , in so far as they apply to England, shall be amended —
a
by the insertion, at the end of the definition of “the Directive” in paragraph (2) of regulation 1 (title, commencement and interpretation), of the words “and by Commission Directive 1999/39/ EC ”; and
b
in regulation 5 (manufacture and composition of processed cereal-based foods and baby foods) —
i
by the omission of the word “or” from the end of paragraph (c)(ii); and
ii
by the insertion, at the end of paragraph (d), of the word “; or” followed by the following paragraph:
e
which —
i
if it is manufactured as ready for consumption, contains, and
ii
if it is not so manufactured, would if reconstituted according to its manufacturer’s instructions contain,
residues of any individual pesticide at a level exceeding 0.01 mg/ kg
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
7th June 2000