text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 and shall come into force on 16th November 2000.
2
These Regulations extend to England only and, accordingly, references in these Regulations to a local authority are references to a local authority in England .
General interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 2000; and
“outline fall-back proposals” means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of these Regulations are rejected in that referendum.
2
Except in the definition of “proper officer” in regulation 3(1), any reference in these Regulations to a section followed by a number is a reference to the section bearing that number in the Act.
PART II
PETITIONS AND REFERENDUMS
Interpretation of Part II
3
In this Part —
“amalgamated petition” means the single petition resulting from an amalgamation of petitions in accordance with paragraph (1) or (2) of regulation 8;
“constituent petitions” means petitions that have been amalgamated;
“constitutional change” means a proposal that a local authority should operate executive arrangements —
under which the executive —
takes the form specified in subsection (2) or (4) of section 11 (local authority executives); or
otherwise includes an elected mayor, or
in a form that, apart from an elected mayor, is not specified in the proposal;
“moratorium period”, in relation to a local authority’s area and a petition, means the period of 48 months commencing with the day on which a referendum was last held under Part II of the Act in relation to that area;
“notice period”, in relation to a petition, means the period of one month beginning with the petition date;
“petition”, unless the context otherwise requires, includes an amalgamated petition;
“petition date” —
in relation to a petition submitted prior to the publication of the verification number in accordance with regulation 4(1) means the date on which that verification number is published;
subject to paragraph (d), in relation to constituent petitions amalgamated in accordance with regulation 8(2), means the latest date on which any of petitions amalgamated was received by the authority;
subject to paragraph (d), in relation to any other petition, means the date on which it was received by the authority;
in relation to a petition received within the period of six months beginning with the date that is twelve months before the earliest date on which a second (or subsequent) referendum may lawfully be held in the area of the authority to whom the petition is addressed, means the date on which that period of six months ends;
“petition organiser” —
in relation to constituent petitions amalgamated in accordance with paragraph (1) of regulation 8, means the person determined in accordance with paragraph (5) of regulation 10;
in any other case, has the meaning given by paragraph (4) of regulation 10;
“post-announcement petition” means a petition received in the circumstances mentioned in regulation 7(1);
“proper officer” has the meaning given by section 270(3) of the Local Government Act 1972 ;
“valid petition” has the meaning given by regulation 9(1);
“verification number”, in relation to a petition, means the number to be used for verification purposes by virtue of paragraph (4), (5), (6) or (7) of regulation 4, as the case may be; and
“verification purposes” means the purposes of establishing the matters mentioned in regulations 8(3) and 9(1)(a).
Verification number
4
1
Not later than four weeks after the date on which these Regulations come into force, the proper officer of each local authority shall publish the number that is equal to 5 per cent. of the number of local government electors for the authority’s area as shown in the electoral register or registers published and having effect for the authority’s area for the period ending on 15th February 2001 .
2
Subject to paragraph (3), in each year after 2000, the proper officer of each local authority shall, within the period of 14 days beginning on the date of publication of the electoral register or registers having effect for the authority’s area , publish the number that is equal to 5 per cent. of the number of local government electors for the authority’s area shown in that register or, as the case may be, those registers.
3
Where the whole of the period of 12 months beginning with 1st April in any year falls within a moratorium period, paragraph (2) shall not apply as respects the years in which part of that period of 12 months falls.
4
Subject to paragraph (5), the number published in accordance with paragraph (1) shall be used for verification purposes in relation to any petition submitted to the authority before 1st April 2001.
5
Where the number published in 2001 in accordance with paragraph (2) (“the number for 2001”) is less than the number published in accordance with paragraph (1), the number to be used for verification purposes in relation to any petition submitted in the period beginning with the date on which the number for 2001 is published and ending immediately before 1st April 2001 shall be the number for 2001.
6
Subject to paragraph (7), the number published in any year after 2001 in accordance with paragraph (2) shall be used for verification purposes in relation to any petition submitted to the authority in the period of 12 months beginning with 1st April in that year.
7
Where the number published in any year is less than the number published in the preceding year, the number to be used for verification purposes, in relation to any petition submitted to the authority in the period beginning on the date of publication of the lesser number and ending immediately before 1st April in that year, shall be that lesser number.
8
The proper officer may, in connection with the discharge of the duties imposed by paragraphs (1) and (2), require an electoral registration officer to provide him with information relevant to the number that is to be published in accordance with either of those paragraphs; and an electoral registration officer who receives such a request shall comply with it within the period of seven days beginning with the day on which the request is received.
Publicity for verification number
5
As soon as reasonably practicable after the publication of a number in accordance with regulation 4(1) or (2), the authority shall publish in at least one newspaper circulating in their area a notice containing a statement —
a
that the authority’s proper officer has published the number that is equal to 5 per cent. of the number of local government electors shown in the electoral register or registers having effect for the authority’s area for the period ending on 15th February in the following year;
b
of the number so published;
c
that the number so published will have effect —
i
where it is published in the circumstances mentioned in paragraph (1) of regulation 4, for the purposes of determining the validity of petitions presented before 1st April 2001, unless the circumstances mentioned in paragraph (5) of that regulation apply;
ii
in any other case, for the purposes of determining the validity of petitions presented after 31st March in the year of publication and before 1st April in the following year, unless the circumstances mentioned in paragraph (7) of regulation 4 apply;
d
of the effect of paragraphs (5) and (7) of regulation 4; and
e
of the address of the authority’s principal office.
Petitions for a referendum
6
1
Subject to regulations 7 and 19, a local authority shall hold a referendum by virtue of this Part where they receive a valid petition (but shall not be required to hold such a referendum where they receive a petition which is not a valid petition).
2
A petition may be presented to a local authority —
a
by properly addressing, pre-paying and posting it to any office of the authority; or
b
by delivering it to any such office.
Post-announcement and post-direction petitions
7
1
In relation to a petition received after an authority have given notice of their intention to hold a referendum and of the date on which that referendum will be held (whether pursuant to this Part, a direction under regulation 18, or section 27 (referendum in case of proposals involving elected mayor)) on proposals which involve a directly elected mayor, nothing in this Part shall require an authority to hold a referendum or to take any steps other than those specified in paragraph (2) and regulation 12.
2
The steps specified in this paragraph are to secure that the proper officer, as soon as reasonably practicable after the receipt of the petition —
a
notifies the Secretary of State and the petition organiser (if any) —
i
of the receipt of the petition;
ii
that the petition is a post-announcement petition; and
iii
that the authority propose to take no further action in relation to it;
and
b
notifies the petition organiser (if any) that he may, within the period of two months beginning with the date of the notice, request the Secretary of State to consider the exercise of any power conferred on the Secretary of State by Part III of these Regulations.
3
Where —
a
a petition is received by an authority —
i
after they have received a direction under regulation 18(1); and
ii
before they have given notice of the date on which the referendum is to be held pursuant to the direction; and
b
the constitutional change proposed in the petition is the same as that in relation to which the direction requires the referendum to be held,
the authority shall take no further action in relation to the petition and shall, as soon as reasonably practicable, comply with the requirements of paragraph (4).
4
The authority shall notify the Secretary of State and the petition organiser (if any) —
a
of the receipt of the petition; and
b
that they propose to take no further action in relation to it because it proposes the same constitutional change as that in relation to which the referendum is to be held pursuant to the direction.
5
Where —
a
a petition is received by an authority —
i
after they have received a direction under regulation 18(1); and
ii
before they have given notice of the date on which the referendum is to be held pursuant to the direction; and
b
the constitutional change proposed in the petition is not the same as that in relation to which the direction requires the referendum to be held,
the authority shall secure that the proper officer determines, in accordance with this Part, whether the petition is a valid petition.
6
Where the proper officer determines that a petition of the description in paragraph (5) is not a valid petition, he shall comply with regulation 14(1) but, subject to that —
a
the authority shall take no further action in relation to the petition; and
b
for the purposes of regulation 21, the date of the direction shall be treated as the date of the proper officer’s determination.
7
For the purposes of paragraphs (3) to (5) —
a
in relation to a direction under regulation 18(1) that requires an authority to hold a referendum on a form of executive that includes an elected mayor, a petition received subsequently by that authority in which the form of executive is not specified, shall be treated as proposing the same constitutional change; and
b
other constitutional changes shall be treated as the same if they propose executive arrangements under which the executive takes the same form.
Amalgamation of petitions
8
1
Where more than one petition relating to the same area has been prepared, those petitions may, at any time before their presentation to the authority, be amalgamated; and those petitions shall then be treated for all other purposes of this Part as a single petition.
2
Where constituent petitions amalgamated under paragraph (1) do not propose the same constitutional change, the amalgamated petition shall not be entertained by the authority unless it is accompanied by a statement, signed by the petition organiser in relation to the amalgamated petition, that the amalgamated petition is presented with the agreement of the petition organiser of each of the constituent petitions.
3
Subject to paragraphs (4) and (5), where an authority receive more than one petition relating to the same area, the proper officer shall, if satisfied as to their validity in every respect other than that mentioned in regulation 9(1)(a), amalgamate those petitions in accordance with paragraph (6); and those petitions shall then be treated for all other purposes of this Part as a single petition.
4
The proper officer shall not amalgamate petitions —
a
if he is satisfied that the first petition received by the authority (including constituent petitions amalgamated in accordance with paragraph (1)) contains a number of signatures of local government electors for the authority’s area that equals or exceeds the verification number and is, in other respects, a valid petition; or
b
if he is satisfied that the first and other constituent petitions amalgamated in accordance with paragraph (3) contain numbers of signatures of local government electors for the authority’s area that in aggregate equal or exceed the verification number and are, in other respects, valid petitions.
5
a
The proper officer shall not amalgamate petitions that do not propose the same constitutional change unless he has obtained in writing the agreement of the petition organiser of each petition that would, after amalgamation, be a constituent petition.
b
It shall be the duty of the proper officer to inform each petition organiser whose agreement is required for the purposes of paragraph (3) of the consequence of amalgamation specified in paragraph (7) below.
6
Petitions shall be amalgamated in the order in which they are received except that, where more than one petition is received on the same day —
a
the petition that contains the greatest number of signatures shall be treated as the first to be received;
b
the petition that proposes the same constitutional change as that proposed in the petition identified in accordance with sub-paragraph (a) shall be treated as the second to be received; and if there is more than one such petition, those petitions shall be treated as received in sequence, beginning with the petition that contains the greater number of signatures;
c
any other petitions shall be treated as received in the following order —
i
the petition that contains the greatest number of signatures;
ii
the petition, if any, that proposes the same constitutional change as the petition identified in accordance with paragraph (i);
iii
the petition that contains the next greatest number of signatures;
iv
the petition, if any, that proposes the same constitutional change as the petition identified in accordance with paragraph (iii);
v
the petition that contains the next greatest number of signatures; and so on.
7
Where an amalgamated petition results from the combination of constituent petitions which do not propose the same constitutional change, the amalgamated petition shall be treated for the purposes of this Part as proposing that the authority should operate executive arrangements under which the proposed form of executive is not specified.
8
For the purposes of this regulation, constitutional changes shall be treated as the same —
a
if they propose executive arrangements under which the executive takes the same form; or
b
if the proposed form of executive is not specified in the constituent petitions.
Validity of petitions
9
1
Subject to paragraph (2), a petition shall be a valid petition if —
a
it is signed (whether before or after the passing of the Act or the coming into force of these Regulations) by not less than the number of local government electors for the authority’s area that is the verification number; and
b
it satisfies the requirements of regulation 10.
2
A petition shall not be invalid by reason only of a failure to satisfy any requirement of regulation 10 if the constitutional change in relation to which the referendum is sought can be ascertained.
3
Where a person signs a petition but the information referred to in regulation 10(3)(a) is not included, or is not included in a legible form, that person’s signature shall be disregarded in determining whether the petition satisfies the requirements of paragraph (1)(a).
4
If a person signs a petition more than once, his second or subsequent signature shall be disregarded in determining whether the petition satisfies the requirements of paragraph (1)(a).
5
Any signature on a petition which bears a date earlier than 12 months before the petition date shall be disregarded in determining whether the petition satisfies the requirements of paragraph (1)(a).
Formalities of petition
10
1
A petition shall on each sheet state —
a
the name of the local authority to whom it is addressed; and
b
the constitutional change in relation to which the referendum is sought.
2
A petition shall, on each sheet, contain a statement in the terms set out in Schedule 1 to these Regulations or in terms to similar effect.
3
In relation to each person who signs a petition the following information shall be given —
a
his first name and surname and address; and
b
the date on which he signs the petition.
4
A petition shall contain, or shall be accompanied by a statement that contains, the name and full address of the person (in this Part referred to as the “petition organiser”) to whom correspondence relating to the petition is to be sent.
5
Where petitions are amalgamated before they are presented to the authority —
a
the petition organisers of each of the constituent petitions shall determine the identity of the person (whether or not he is the petition organiser of any of the constituent petitions) who is to be the petition organiser for the purposes of the amalgamated petition; and
b
the petition organiser of the amalgamated petition shall notify the authority of his name and full address.
Procedure on receipt of petition
11
1
As soon as reasonably practicable after receipt of a petition, the proper officer shall —
a
if paragraph (3) of regulation 8 applies in relation to the petition —
i
amalgamate it in accordance with that paragraph; and
ii
notify the petition organiser (if any) of each of the constituent petitions, of the petition date of the amalgamated petition; or
b
in any other case, notify the petition organiser (if any) of the petition date.
2
As soon as reasonably practicable after receipt of a petition, and not later than the end of the notice period, the proper officer shall, subject to paragraph (3), satisfy himself as to the validity of the petition.
3
Where the petition is a second (or subsequent) petition (“later petition”) which cannot lawfully be amalgamated with an earlier petition for a reason mentioned in paragraph (4) or (5) of regulation 8, the proper officer shall take the steps specified in paragraph (4) below, and such other steps as the Secretary of State may direct.
4
The steps specified in this paragraph are that, within the notice period, the proper officer —
a
shall notify the Secretary of State and the petition organiser (if any) —
i
of the receipt of the petition and of its petition date;
ii
of the receipt of every earlier petition and of its petition date;
iii
of the reason why the later petition cannot be amalgamated with any earlier petition; and
iv
that, by reason of the receipt of an earlier valid petition, the proper officer proposes to take no further action in relation to the later petition; and
b
shall notify the petition organiser (if any) that he may, within the period of two months beginning with the date of the notice, request the Secretary of State to consider the exercise of any power conferred on the Secretary of State by regulation 18.
Public inspection of petitions
12
The authority shall secure that, for the period of six years beginning with the petition date, a petition is available at their principal office for inspection by members of the public at all reasonable times and free of charge.
Publicity for valid petitions
13
1
Where the proper officer is satisfied that a petition is valid, he shall, within the notice period, notify the Secretary of State and the petition organiser (if any) —
a
of his conclusion; and
b
that a referendum will be held.
2
In a case to which paragraph (1) applies, the authority shall publish in at least one newspaper circulating in their area a notice which contains a statement —
a
that a valid petition has been received;
b
of the constitutional change sought or, as the case may be, treated as sought, by the petition;
c
of the petition date;
d
that the petition is available at the authority’s principal office for inspection by members of the public at all reasonable times and free of charge;
e
of the address of the authority’s principal office; and
f
that a referendum will be held.
Publicity for invalid petitions
14
1
Where the proper officer is satisfied that a petition is not a valid petition, he shall, within the notice period, notify the Secretary of State and the petition organiser (if any) of his conclusion and of the reasons for that conclusion.
2
In a case to which paragraph (1) applies, the authority shall publish in at least one newspaper circulating in their area a notice which contains a statement —
a
that a petition has been received which has been determined to be an invalid petition;
b
of the reasons for that determination;
c
of the constitutional change sought or, as the case may be, treated as sought, by the petition;
d
of the petition date;
e
that the petition is available at the authority’s principal office for inspection by members of the public at all reasonable times and free of charge; and
f
of the address of the authority’s principal office.
3
Where a petition is invalid only because it does not comply with regulation 9(1)(a), the notification under paragraph (1) and the statement to be published by the authority under paragraph (2) shall also include a statement that the invalid petition may be amalgamated with any subsequent petitions which are submitted to the authority.
Restrictions relating to publicity
15
1
An authority shall not incur any expenditure for the purpose of —
a
publishing any material which, in whole or in part, appears designed to influence local government electors in deciding whether or not to sign a petition under this Part;
b
assisting any person to publish any such material; or
c
influencing or assisting any person to influence, by any other means, local government electors in deciding whether or not to sign a petition under this Part.
2
Nothing in paragraph (1) shall be taken to prevent an authority from incurring expenditure on publishing or otherwise providing to any person (whether or not in pursuance of any duty to do so) any factual information so far as it is presented fairly.
3
In determining for the purposes of paragraph (2) whether any information is presented fairly, regard shall be had to any guidance for the time being issued by the Secretary of State under section 38.
Timing of referendum
16
1
Subject to paragraphs (2) and (3) and regulation 21, a referendum in consequence of a valid petition shall be held not later than —
a
the end of the period of six months beginning with the petition date; or
b
the end of the period of two months beginning with the date on which regulations under section 45 (with respect to the referendum) come into force,
whichever is the later.
2
A referendum shall not be held before the end of the period of two months beginning with the date on which proposals are sent to the Secretary of State in accordance with regulation 17(9).
3
Paragraph (1) shall not apply where the Secretary of State holds a referendum in exercise of the power conferred by regulation 25.
Action before referendum
17
1
Before the holding of a referendum under this Part, the authority shall —
a
where the petition does not specify, or is treated as not specifying, the form proposed for the authority’s executive —
i
subject to paragraph (2), decide which form the executive is to take; and
ii
decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive; or
b
where the petition specifies the form proposed for the authority’s executive, decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
2
The form of executive determined under paragraph (1)(a)(i) must include an elected mayor.
3
Before the holding of a referendum under this Part, the authority shall also —
a
draw up proposals for the operation of executive arrangements; and
b
draw up outline fall-back proposals.
4
Before drawing up proposals under paragraph (3)(a) and (b) the authority shall take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
5
The authority’s proposals under paragraph (3)(a) shall include —
a
such details of the executive arrangements as the Secretary of State may direct,
b
a timetable with respect to the implementation of the proposals, and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
6
In drawing up proposals under paragraph (3)(a) the authority shall consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
7
The authority’s proposals under paragraph (3)(b) —
a
where the authority are not then operating executive arrangements or alternative arrangements —
i
shall include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct;
ii
shall include a timetable with respect to the implementation of detailed fall-back proposals which are based on the outline fall-back proposals in the event that the proposals that are to be the subject of the referendum are rejected; and
iii
may include, as the authority’s outline fall-back proposals, any proposals under subsection (1) of section 28 (approval of outline fall-back proposals) approved by the Secretary of State;
b
where the authority are then operating executive arrangements or alternative arrangements shall consist of a summary of those arrangements.
8
In drawing up proposals under paragraph (3)(a) and (b) the authority shall have regard to any guidance for the time being issued by the Secretary of State under section 38.
9
Not later than two months before the date on which the referendum is to be held, the authority shall send to the Secretary of State —
a
a copy of the proposals drawn up under paragraph (3)(a) and (b); and
b
a statement which describes —
i
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
ii
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
10
The authority shall comply with any directions given by the Secretary of State for the purposes of this regulation.
PART III
DIRECTIONS AND REFERENDUMS
Circumstances in which Secretary of State may require referendum
18
1
The Secretary of State may —
a
where it appears to him that the circumstances are as mentioned in any paragraph of Schedule 2 to these Regulations;
b
where he has rejected an authority’s application under section 28 (approval of outline fall-back proposals);
c
where it appears to him that a direction is necessary to further compliance with the requirements of Part I of the Local Government Act 1999 (best value);
d
if an authority request him to do so; or
e
if a petition organiser requests him to do so,
by a direction in writing to the authority, require the authority, subject to paragraphs (3) and (4), to hold a referendum on whether they should operate executive arrangements involving an executive which takes such form permitted by or under section 11 as may be specified in the direction.
2
Where the Secretary of State gives a direction pursuant to paragraph (1)(a), he may specify in the direction —
a
the form of executive to be included in proposals drawn up under regulation 19(1)(c);
b
details (whether or not in the form of proposals that are to be the subject of the referendum) of —
i
the executive arrangements and their operation; and
ii
any transitional arrangements necessary for the implementation of the proposals on which the referendum is to be held;
c
a timetable with respect to the implementation of the proposals;
d
the principles or matters to which the authority is to have regard in drawing up the proposals;
e
except in a case where details in the form of proposals are specified pursuant to sub-paragraph (b), in relation to the consultation to be undertaken in drawing up those proposals —
i
the persons with whom consultation is required;
ii
the manner of the consultation; and
iii
the matters about which those persons are to be consulted;
f
the outline fall-back proposals;
g
details (whether or not in the form of proposals) of the detailed fall-back proposals that are to be implemented if the proposals that are to be the subject of the referendum are rejected.
3
Where a form of executive involving an elected mayor is specified in a petition, a direction given in response to the request of the person who is the petition organiser in relation to that petition shall not require the authority to hold a referendum on proposals involving any other form of executive.
4
Where a form of executive involving an elected mayor is specified in a petition in consequence of which proposals are drawn up under regulation 17(3), a direction given pursuant to paragraph (1)(a) in respect of those proposals shall not require the authority to hold a referendum on proposals involving any other form of executive.
Action following direction
19
1
Subject to paragraphs (2) and (5), on receipt of a direction under regulation 18 in which a matter referred to in any of sub-paragraphs (a) to (e) of paragraph (2) of that regulation is specified, the authority to which the direction is given shall immediately —
a
abandon any arrangements made for the holding of a referendum (whether in consequence of a petition or an earlier direction of the Secretary of State) to the extent that those arrangements are inconsistent with the arrangements necessary to conduct the referendum required by the direction;
b
abandon all action in respect of any petition received on or before the day on which they receive the direction;
c
in accordance with paragraphs (1), (2) and (4) of regulation 20, draw up proposals for the operation of executive arrangements;
d
in accordance with paragraphs (3) and (4) of regulation 20, draw up outline fall-back proposals; and
e
make arrangements for the holding of a referendum on the proposals drawn up in accordance with sub-paragraph (c) (to the extent required to supplement any arrangements that may continue by virtue of sub-paragraph (a)).
2
Where, on the day on which the direction is received, the authority —
a
are in possession of the first petition submitted to them under Part II of these Regulations (including the single petition resulting from an amalgamation of petitions in accordance with regulation 8(1)), and
b
have not complied with regulation 11(2) in relation to it,
they shall satisfy themselves as to its validity in accordance with Part II of these Regulations; and, subject to paragraph (3)(b), the direction shall be of no further effect.
3
Where, in a case to which paragraph (2) applies —
a
the authority are satisfied that the petition is valid, they shall comply with regulation 13; and the direction under regulation 18 shall be treated as revoked with effect from the date on which notice is given under regulation 13(1);
b
the authority are satisfied that the petition is invalid, they shall comply with regulation 14; and the direction under regulation 18 shall be treated as effective from the date on which notice is given under regulation 14(1).
4
On receipt of a direction under regulation 18 in which a matter referred to in sub-paragraph (f) or (g) of paragraph (2) of that regulation is specified, the authority to which the direction is given shall immediately take the steps necessary to give effect to the direction.
5
Where —
a
the authority to which a direction under regulation 18 has been given receive a petition submitted to them under Part II of these Regulations (including the single petition resulting from an amalgamation of petitions in accordance with regulation 8(1));
b
the petition is received before they have given notice of the date on which the referendum is to be held pursuant to the direction;
c
the petition proposes a constitutional change different from that in relation to which the direction requires a referendum to be held; and
d
the proper officer determines, in accordance with Part II, that the petition is a valid petition,
the direction shall be treated as revoked with effect from the date of the proper officer’s determination.
6
In a case to which paragraph (5) applies, the authority shall notify the Secretary of State and the petition organiser (if any) of the date of the proper officer’s determination; and shall include that notification in the notification required by regulation 13(1).
Requirements as to proposals
20
1
In drawing up proposals under regulation 19(1)(c) the authority shall —
a
where the direction specifies details, a form of executive or a timetable, include those details, that form of executive or that timetable;
b
where the direction requires regard to be had to principles or matters, have regard to those principles or matters;
c
where the direction requires consultation with specified persons, or in a specified manner or about specified matters, consult those persons, in that manner or about those matters, as the case may be;
d
consider the extent to which their proposals, if implemented, are likely to assist in securing continuous improvement in the way in which their functions are exercised, having regard to a combination of economy, efficiency and effectiveness;
e
subject to sub-paragraphs (a) to (d) —
i
decide which form the executive is to take;
ii
decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive; and
iii
take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area.
2
Without prejudice to paragraph (1)(a), proposals under regulation 19(1)(c) shall include —
a
such details of the executive arrangements as the Secretary of State may direct,
b
a timetable with respect to the implementation of the proposals, and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
3
The authority’s proposals under regulation 19(1)(d) —
a
where the authority are not then operating executive arrangements or alternative arrangements —
i
may not be drawn up before the authority have taken reasonable steps to consult the local government electors for, and other interested persons in, their area;
ii
shall include such details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct;
iii
shall include a timetable with respect to the implementation of the detailed fall-back proposals in the event that the proposals that are to be the subject of the referendum are rejected; and
iv
may include, as the authority’s outline fall-back proposals, any proposals under subsection (1) of section 28 (approval of outline fall-back proposals) approved by the Secretary of State;
b
where the authority are then operating executive arrangements or alternative arrangements, shall consist of a summary of those arrangements.
4
In drawing-up proposals under regulation 19(1)(c) and (d) an authority —
a
shall comply with any directions given by the Secretary of State; and
b
shall have regard to any guidance for the time being issued by the Secretary of State under section 38.
5
Not later than two months before the date on which the referendum is to be held, the authority shall send to the Secretary of State —
a
a copy of the proposals drawn up under regulation 19(1)(c) and (d); and
b
a statement which describes —
i
the steps which the authority took to consult the local government electors for, and other interested persons in, the authority’s area, and
ii
the outcome of that consultation and the extent to which that outcome is reflected in the proposals.
Time for holding referendum required by direction
21
1
Subject to paragraphs (2) to (4), a referendum required by a direction under regulation 18 shall be held not later than the end of the period of six months beginning with the date of the direction or, in a case to which paragraph (6) of regulation 7 applies, the date that is treated, in accordance with that paragraph, as the date of the direction.
2
A referendum shall not be held before the end of the period of two months beginning with the date on which proposals are sent to the Secretary of State in accordance with regulation 20(5).
3
Paragraph (1) shall not apply where the Secretary of State holds a referendum in exercise of the power conferred by regulation 25.
4
Where the Secretary of State —
a
in exercise of the power conferred by regulation 25, draws up outline fall-back proposals or proposals for the operation of executive arrangements; and
b
directs an authority to hold a referendum on those proposals,
the authority shall hold the referendum not later than the end of the period of two months beginning with the date of the Secretary of State’s direction.
Publicity for referendum required by direction
22
1
The authority to which a direction under regulation 18 is given shall, not later than one month after the date of the direction, publish in at least one newspaper circulating in their area a notice which —
a
sets out the terms of the direction; and
b
contains a statement —
i
that a direction in the terms set out in the notice has been given by the Secretary of State requiring a referendum to be held;
ii
of the form of executive to be included in the proposals that are to be the subject of the referendum; and
iii
that a referendum will be held.
2
An authority may include in the notice to be published in accordance with paragraph (1), or may otherwise provide to any person (whether or not in pursuance of any duty to do so), any other factual information relating to the direction so far as it is presented fairly.
3
In determining for the purposes of paragraph (2) whether any information is presented fairly, regard shall be had to any guidance for the time being issued by the Secretary of State under section 38.
PART IV
ACTION TO BE TAKEN AFTER REFERENDUMS
Action where referendum proposals approved
23
If the result of a referendum held under Part II or in pursuance of a direction under Part III is to approve the proposals that were the subject of the referendum, the authority shall implement those proposals in accordance with the timetable included in the proposals under regulation 17(3)(a) or regulation 19(1)(c), as the case may be.
Action where referendum proposals rejected
24
1
If the result of a referendum held under Part II or in pursuance of a direction under Part III is to reject the proposals that were the subject of the referendum —
a
the authority may not implement those proposals; and
b
if they are not then operating alternative arrangements (within the meaning given by section 32(1)) or executive arrangements, shall draw up detailed fall-back proposals which are based on their outline fall-back proposals; or
c
if they are then operating executive arrangements or alternative arrangements, shall continue to operate those arrangements (as summarised in accordance with regulation 17(7)(b) or 20(3)(b), as the case may be).
2
Detailed fall-back proposals shall comprise —
a
the details (if any) specified in a direction under regulation 18(1);
b
such other details of the executive arrangements or alternative arrangements to which they relate as the Secretary of State may direct; and
c
details of any transitional arrangements which are necessary for the implementation of the proposals.
3
In drawing up detailed fall-back proposals the authority —
a
shall comply with any directions given by the Secretary of State; and
b
where those proposals involve executive arrangements shall, unless a direction has been given in relation to that matter, decide the extent to which the functions specified in regulations under section 13(3)(b) are to be the responsibility of the executive.
4
Except to the extent that detailed fall-back proposals involving executive arrangements or alternative arrangements are specified in a direction under regulation 18(1) —
a
before drawing up proposals in accordance with paragraph (1)(b) above, the authority shall take reasonable steps to consult the local government electors for, and other interested persons in, the authority’s area; and
b
in drawing up those proposals, the authority shall consider the extent to which the proposals, if implemented, are likely to assist in securing continuous improvement in the way in which the authority’s functions are exercised, having regard to a combination of economy, efficiency and effectiveness.
5
Where detailed fall-back proposals are drawn up in accordance with paragraph (1)(b), the authority shall send a copy of them to the Secretary of State.
6
Subject to paragraph (7), the authority shall implement detailed fall-back proposals in accordance with the timetable included pursuant to regulation 17(7)(a)(ii) or, as the case may be, regulation 20(3)(a)(iii).
7
Where detailed fall-back proposals are based on proposals approved under subsection (1) of section 28 (approval of outline fall-back proposals), the timetable referred to in paragraph (6) shall be extended to the extent that there is any delay in making the necessary regulations under section 11(5) or 32 (as the case may be).
PART V
DEFAULT POWERS OF THE SECRETARY OF STATE
Default powers of the Secretary of State
25
The Secretary of State may, in the event of any failure by an authority to take any action which may or must be taken by the authority under any of Parts II to IV , himself take that action.
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
19th October 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Social Security (Australia) Order 2000 and shall come into force on 1st March 2001.
Modification of the legislation
2
1
Subject to paragraph (2) of this Article, modifications made to the legislation by the Australia Order shall cease to have effect.
2
Modifications made to the legislation by the Australia Order shall continue to have effect in relation to any person who —
a
was on 28th February 2001 in receipt of benefit by virtue of those modifications; or
b
made a claim on or before 28th February 2001 for benefit to which he was entitled on or before that date by virtue of those modifications.
Revocation of the Australia Order and amendment of Orders
3
1
The Australia Order is hereby revoked.
2
The references to the Social Security (Australia) Order 1992 shall be omitted in Schedule 2 to the Social Security (Reciprocal Agreements) Order 1995 and Schedule 2 to the Social Security (Reciprocal Agreements) Order 1996 .
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Stoke Primary Care Trust (Establishment) Order 2000 and shall come into force on 4th 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 North Stoke 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 North Stoke 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, five officer members and five 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
two 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 October 2000.
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 Staffordshire 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 committee and sub-committees of the trust who are not also member 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 Staffordshire Combined Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
24th July 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 6, Transitional and Consequential Provisions) Order 2000.
2
In this Order —
“the 1971 Act ” means the Immigration Act 1971 ;
“the 1993 Act ” means the Asylum and Immigration Appeals Act 1993 ;
“the 1996 Act ” means the Asylum and Immigration Act 1996 ;
“the 1997 Act ” means the Special Immigration Appeals Commission Act 1997 ;
“the 1999 Act ” means the Immigration and Asylum Act 1999.
Commencement
2
The provisions of the 1999 Act specified in column 1 of Schedule 1 to this Order shall come into force on the date specified in column 2 of that Schedule, subject to the transitional provisions contained in this Order, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Transitional provisions
3
1
Subject to Schedule 2 —
a
the new appeals provisions are not to have effect in relation to events which took place before 2nd October 2000 and, notwithstanding their repeal by the provisions of the 1999 Act commenced by this Order, the old appeals provisions are to continue to have effect in relation to such events;
b
the new procedural provisions are to apply to appeals under the old appeals provisions as well as the new appeals provisions; and
c
references in the new procedural provisions to the new appeal rights (however expressed) are to be construed as including a reference to the equivalent provision of the old appeal rights.
2
Schedule 2, which makes further transitional provision in respect of the 1999 Act, has effect.
Definitions for transitional provisions
4
1
In article 3 —
a
“the new appeals provisions” means sections 59, 61, 63, 65, 66, 67 and 69 of the 1999 Act; together with any provision (including subordinate legislation) of —
i
the 1999 Act; and
ii
the 1971 and 1993 Acts (as amended by the 1999 Act);
which refers to those provisions;
b
“the old appeals provisions” means —
i
sections 13 (but not subsections (3AA) and (3AB)), 14, 15, 16, 17 of the 1971 Act;
ii
subsections (1) to (4) of section 8 of the 1993 Act; and
iii
subsections (1) and (2) of section 3 of the 1996 Act;
together with —
iv
any subordinate legislation which applies to those provisions; and
v
any provision of the old Immigration Acts (including subordinate legislation) which refers to those provisions;
c
“the new procedural provisions” means —
i
subsections (5) to (10) of section 58 of the 1999 Act; and
ii
paragraphs 6 to 8 and 21 to 24 of Schedule 4 to the 1999 Act.
2
For the purposes of article 3, an event takes place when —
a
a notice is served;
b
a decision is made or taken;
c
directions are given; and
d
a certificate is issued.
3
For the purposes of article 3 and Schedule 2 —
a
a notice is served;
b
a decision is made or taken;
c
directions are given; and
d
a certificate is issued;
on the day on which it is or they are sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.
4
In this article —
a
“the old Immigration Acts” means the 1971 Act, the 1993 Act and the 1996 Act, all without the amendments made by the 1999 Act;
b
“the person concerned” means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative; and
c
a reference to the issue of a certificate is a reference to the issue of a certificate in relation to the removal of asylum claimants to safe third countries.
Consequential provision
5
The reference in section 46(3)(a) of the Criminal Justice Act 1991 to a person who is liable to deportation under section 3(5) of the 1971 Act is to be read, from 2nd October 2000, as including a reference to a person who may be removed from the United Kingdom in accordance with section 10 of the 1999 Act.
Barbara Roche
Minister of State
Home Office
11th September 2000


text:
Commencement and citation
1
This Order may be cited as the A316 Trunk Road (Richmond) Red Route Traffic Order 1997 Variation Order 2000 and shall come into force on 10th May 2000.
Variations
2
The A316 Trunk Road (Richmond) Red Route Traffic Order 1997 is varied by the following provisions of this Order.
3
In schedule 2A items 9 and 10 are deleted.
4
In schedule 2B items 9 and 10 are substituted as follows:
9. Between a point 14 metres south-west of the north-eastern wall of 57 Bicester Road and a point 23 metres south-west of that point. At Any time None None 10. Between a point opposite the party wall of 263 and 265 Lower Richmond Road and a point 22 metres north-east of that point.
5
In schedule 3B item 7 is substituted as follows:
7. Between a point 4 metres south-west of the north-eastern wall of 57 Bicester Road and a point 10 metres south-west of that point. 7am-7pm Monday-Saturday Inclusive
Signed in accordance with a direction from the Secretary of State.
Derek Turner
Traffic Director for London
19th April 2000


text:
Citation and commencement
1
These Regulations may be cited as the Highways (Traffic Calming) (Amendment) Regulations 2000 and shall come into force on 3rd July 2000.
Amendment of the Highways (Traffic Calming) Regulations 1999
2
1
The Highways (Traffic Calming) Regulations 1999 shall be amended as follows.
2
After regulation 4 there shall be inserted the following regulation —
Traffic calming works in London falling within section 90GA of the Highways Act 1980
4A
1
The requirements specified in paragraph (2) are hereby prescribed as requirements for the purposes of section 90GA(4) of the Highways Act 1980 (requirements as to consultation and publicity to be complied with by a local highway authority in Greater London if works proposed to be constructed by virtue of the power conferred by section 90G(1)(c) are to fall within section 90GA).
2
The requirements are that the local highway authority —
a
shall consult the Commissioner of Police for the Metropolis, if the highway is in a London borough or the Commissioner of the City of London Police if it is in the City of London;
b
shall consult such other persons or organisations representing persons who use the highway or who are otherwise likely to be affected by the traffic calming work as the authority think fit.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th June 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Contracting-out) (Payment and Recovery of Remaining Balances) Regulations 2000 and shall come into force on 6th April 2000.
2
In these Regulations–
“ the Act ” means the Pension Schemes Act 1993;
“the Inland Revenue ” means the Commissioners of Inland Revenue;
“the Northern Ireland Act ” means the Pension Schemes (Northern Ireland) Act 1993.
Payments of amounts by Inland Revenue
2
1
A payment by the Inland Revenue of an amount referred to in–
a
subsection (1D) of section 41 of the Act or subsection (1D) of section 37 of the Northern Ireland Act (reduced rates for members of salary related contracted-out schemes — payment of remaining balance);
b
subsection (2C) of section 42A of the Act or subsection (2C) of section 38A of the Northern Ireland Act (reduced rates for members of money purchase contracted-out schemes — payment of remaining balance);
shall be made in accordance with paragraph (2) below.
2
The payments shall be made–
a
by automated credit transfer into a bank or building society account which relates to the secondary contributor and which accepts payments by automated credit transfer; or
b
in such other manner as the Inland Revenue may in their discretion approve.
3
Where an amount to which paragraph (1) above applies would otherwise not be a whole number of pence, it shall be adjusted to the nearest whole number of pence, and any amount of a half penny or less shall be disregarded.
Recovery of amounts by Inland Revenue
3
Where the Inland Revenue are, by virtue of section 41(1E) or 42A(2D) of the Act or section 37(1E) or 42A(2D) of the Northern Ireland Act, entitled to recover an amount from a secondary contributor, that amount–
a
may, where the amount was originally paid by automated credit transfer under regulation 2(2)(a) above, be recovered in the same manner; or
b
may be recovered as a debt owed by the secondary contributor to the Inland Revenue.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
14th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Water and Sewerage Undertakers (Inset Appointments) Regulations 2000 and shall come into force on 17th August 2000.
Amendment of the Water Industry Act 1991
2
1
The Water Industry Act 1991 shall be amended as follows.
2
In section 7(5) (continuity of appointments, replacement appointments etc.) the following shall be substituted for paragraph (a) —
a
the premises are, or are likely to be, supplied with not less than the following quantity of water in any period of twelve months:
i
if the area of the relevant undertaker concerned is wholly or mainly in Wales, 250 megalitres;
ii
in all other cases, 100 megalitres; and
.
3
In section 158 (powers to lay pipes in streets), the following shall be substituted for subsection (9) —
9
Where the company which has replaced the relevant undertaker has done so as water undertaker, in the application of this section and section 159 below in relation to that company any pipe supplying, or intended to supply, any of the premises referred to in subsection (8)(c) above with a supply of water which exceeds, or is likely to exceed, in any period of twelve months —
a
if the area of the relevant undertaker concerned is wholly or mainly in Wales, 250 megalitres;
b
in all other cases, 100 megalitres,
shall, for the purposes of subsection (7) above, be deemed to be a water main.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
11th July 2000


text:
1
This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) (Amendment) Order 2000 and shall come into force on 10th March 2000.
2
Article 2(2) of the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 shall be amended by adding at the end
g
the National Assembly for Wales, if the area is in Wales.
.
Charles Clarke
Minister of State
Home Office
9th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the United Bristol Hospitals (Transfer of Trust Property) Order 2000 and shall come into force on 1st April 2000.
2
In this Order —
“the new trustees” means the trustees for the United Bristol Healthcare National Health Service Trust;
“the Special Trustees” means the Special Trustees for the United Bristol Hospitals;
“the trust property” means the property specified in the schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 8th March 2000.
Transfer of trust property
2
1
On 1st April 2000 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the United Bristol Healthcare National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2000


text:
1
This Order may be cited as the Public Telecommunication System Designation (Cable & Wireless HKT Pacific (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:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Local Authority (Stocks and Bonds) (Amendment) Regulations 2000 and shall come into force on 1st July 2000.
2
In these Regulations “the Principal Regulations ” means the Local Authority (Stocks and Bonds) Regulations 1974 .
Amendment of Principal Regulations
2
1
The Principal Regulations are amended by paragraphs (2) to (12) of this Regulation
2
In Regulation 1, insert —
a
before the definition of “bonds” as a further definition —
“the 1995 Regulations ” means “the Uncertificated Securities Regulations 1995 as amended from time to time.”
and
b
after paragraph (3) as paragraph (3A) —
3A
In these regulations “Operator”, “Operator-instruction”, “participating security”, “relevant system” and “uncertificated unit of a security” have the meanings given in the 1995 Regulations
3
In Regulation 3(2), for “the holder agree” substitute “the holders agree in respect of all of the bonds of a particular description”
4
In Regulation 5(3), after “evidence” insert “and in Scotland sufficient evidence unless the contrary is shown.”
5
In Regulation 6, insert as paragraph (6) —
6
This regulation is subject (in the case of stock or a bond which is a participating security) to any provision made by or under the 1995 Regulations
6
In Regulation 7, insert —
a
in paragraph (1)(a) at the beginning “subject to paragraph (5) of this regulation.”.
b
in paragraph (1)(b) —
i
at the beginning “subject to paragraph (4) of this regulation.”. and
ii
after “such authority.”. “in accordance with the 1995 Regulations by means of a relevant system operated by an Operator or”, and
c
as paragraphs (4) and (5) —
4
No transfer of stock or a bond may be effected by exempt transfer if such stock or bond is a participating security
5
No transfer may be effected by instrument in writing of stock or a bond which is an uncertificated unit of a security
7
In Regulation 8 insert as paragraph (3) —
3
This regulation is subject (in the case of stock or a bond which is a participating security) to any provision made by or under the 1995 Regulations
8
In regulation 9 insert as paragraph (4) —
4
Nothing in this regulation shall permit or require the registrar to register a transfer of stock or a bond which is an uncertificated unit of a security and which is entered in a register in the name of a deceased person, unless the registrar is required to do so by an Operator-instruction, an order of a court in the United Kingdom or by or under any enactment or instrument
9
In Regulation 10 insert as paragraph (3) —
3
This regulation shall not apply to stock or a bond which is a participating security
10
In Regulation 13(2), at the beginning for “The” substitute “Subject (in the case of stock or a bond which is a participating security) to any provision made by or under the 1995 Regulations the”
11
In Regulation 14 insert as paragraph (4) —
4
Nothing in this regulation shall permit or require notice of any trust to be entered on any register or be receivable by the registrar in relation to stock or a bond which is an uncertificated unit of a security
12
In Regulations 16 and 21, after the last paragraph insert as a paragraph respectively numbered (4) and (3) —
This regulation is subject (in the case of stock or a bond which is a participating security) to any provision made by or under the 1995 Regulations
Jim Dowd
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
26th June 2000


text:
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2000 and shall come into force on 17th April 2000.
2
Regulation 8 of the Education Maintenance Allowance (Pilot Areas) Regulations 1999 shall be amended as follows–
a
in paragraph (1) for “paragraphs (2) and (3)” there shall be substituted “ paragraphs (1A) to (3)”;
b
after paragraph (1) there shall be inserted the following paragraphs–
1A
A weekly allowance shall only be paid in respect of a week any weekday of which falls outside the term of the institution which the student attends if the student has during that week spent at least 12 hours in connection with the course which he is pursuing–
a
receiving instruction or tuition,
b
undertaking supervised study or practical work, or
c
taking part in any exercise, experiment or project for which provision is made in the curriculum of the course which the student is pursuing,
and for the purpose of this paragraph no account shall be taken of time occupied by meal breaks or time spent on unsupervised study whether undertaken on or off the premises of the institution.
1B
In paragraph (1A) above “weekday” means any day other than a Saturday or Sunday.
;
c
paragraph (2)(a) shall be omitted;
d
in paragraph (2)(b) for “learning agreement” substitute “education maintenance allowance learning agreement”; and
e
in paragraph (4)
i
after “otherwise than at an institution” there shall be inserted “ paragraphs (1A) and (1B) shall not apply and”; and
ii
sub-paragraph (a) shall be omitted.
Tessa Blackstone
Minister of State,
Department for Education and Employment
21st March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dartford, Gravesham and Swanley 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 Dartford, Gravesham and Swanley 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 Dartford, Gravesham and Swanley 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 October 2000.
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 officers of the authority to the trust during the preparatory period.
4
The Thames Gateway 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 the authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
25th July 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2000 and shall come into force on 1st November 2000.
Substitution of Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988
2
For Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988 (identification of stations and postcode districts), there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Social Security.
Alistair Darling
Secretary of State,
Department of Social Security
1st October 2000


text:
Citation, commencement and extent
1
This Order may be cited as the Airports (Designation) (Removal and Disposal of Vehicles) (Amendment) Order 2000 and shall come into force on 10th April 2000.
Designation
2
In Schedule 1 to the Airports (Designation) (Removal and Disposal of Vehicles) Order 1990 (which lists airports designated for the purposes of section 66 of the Airports Act 1986) there shall be inserted (at the appropriate place in alphabetical order) the following entry–
Bournemouth.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 2000


text:
PART I
GENERAL
Citation and Entry into Force
1
1
This Order may be cited as the International Seabed Authority (Immunities and Privileges) Order 2000.
2
It shall, with the exception of Article 15, come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Protocol on the Privileges and Immunities of the International Seabed Authority enters into force in respect of the United Kingdom.
3
Article 15 shall come into force on the date, to be notified in the London, Edinburgh and Belfast Gazettes, on which the Enterprise operates independently of the Secretariat of the Authority .
Interpretation
2
In this Order:
a
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 ;
b
“ Convention ” means the United Nations Convention on the Law of the Sea of 10th December 1982 ;
c
“Authority” means the International Seabed Authority established by the Convention;
d
“Enterprise” means the organ of the Authority referred to in Article 158(2) and Article 170 of the Convention;
e
“ Representative ” means a representative of a member of the Authority attending meetings of the Assembly, the Council or organs of the Assembly or Council.
3
The International Sea-Bed Authority (Immunities and Privileges) Order 1996 is hereby revoked.
PART II
THE AUTHORITY
4
The Authority is an organisation of which the United Kingdom and other sovereign Powers are members.
5
The Authority (including the Enterprise) shall have the legal capacities of a body corporate.
6
The Authority, its property and assets shall enjoy immunity from suit and legal process, except to the extent that the Authority expressly waives this immunity in a particular case.
7
The Authority shall have the like inviolability in respect of its premises and archives as, in accordance with the 1961 Convention Articles, is accorded in respect of the official premises and archives of a diplomatic mission.
8
Within the scope of its official activities, the Authority, its assets and property, its income, and its operations and transactions, authorised by the Convention, shall have exemption from income tax, capital gains tax and corporation tax.
9
The Authority shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
10
The Authority shall have exemption from customs duties and taxes on the importation of goods for its official use in the United Kingdom.
11
The Authority shall have relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) or value added tax paid on the importation of such oil which is bought in the United Kingdom and used for the official purposes of the Authority, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Authority shall have relief, under arrangements made by the Secretary of State, by way of refund of value added tax paid on the purchase of new motor vehicles of United Kingdom manufacture and of value added tax on the supply of any goods or services which are used for the official purposes of the Authority, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
The Authority shall have relief, under arrangements made by the Secretary of State, by way of a refund of insurance premium tax and air passenger duty paid by the Authority in the exercise of its official activities.
PART III
THE ENTERPRISE
14
Articles 5 to 11 of this Order shall not apply to the Enterprise.
15
Except to the extent that the Enterprise shall have waived such immunity, the Enterprise shall have immunity from suit and legal process —
a
where the Enterprise has no office in the United Kingdom, has not appointed any agent in the United Kingdom for the purpose of accepting service or notice of process, has not entered into a contract for goods or services in the United Kingdom, has not issued securities in the United Kingdom and has not otherwise engaged in commercial activity in the United Kingdom;
b
in respect of all forms of seizure, attachment or execution before the delivery of final judgment against the Enterprise; and
c
in respect of the requisition, confiscation, expropriation or any other form of seizure of property or assets of the Enterprise wherever located and by whomsoever held.
PART IV
REPRESENTATIVES
16
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the Member which they represent, representatives of Members of the Authority shall enjoy:
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions;
b
while exercising their functions and during their journeys to and from the place of meeting the like inviolability for all their papers and documents as is accorded to a diplomatic agent; and
c
while exercising their functions and during their journeys to and from the place of meeting the like immunity from personal arrest or detention and from seizure of their personal baggage as is accorded to a diplomatic agent.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on —
a
the official staff of a representative other than alternate representatives and advisers, or
b
the family of a representative.
3
Neither the preceding paragraphs of this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, or a British National (Overseas).
4
Where the incidence of any form of taxation depends upon residence, a representative shall not be deemed to be resident in the United Kingdom during any period when he is present in the United Kingdom for the discharge of his duties.
PART V
OFFICIALS
High Officials
17
1
Except in so far as in any particular case any privilege or immunity is waived by the Assembly of the Authority in the case of the Secretary-General, or by the Secretary-General, in the case of the Director-General of the Enterprise, the Secretary-General of the Authority or any official acting on his behalf during his absence from duty and the Director-General of the Enterprise shall enjoy:
a
the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption from customs duties and taxes on the importation of articles imported for his personal use or the use of members of his family forming part of his household, including articles intended for his establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
relief, under arrangements made by the Commissioners of Customs and Excise, by way of refund of customs duty paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements; and
e
exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland, —
i
services rendered for the Authority by the officer shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
2
This Article shall not apply to any person who is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British national (Overseas) or a permanent resident of the United Kingdom.
3
Part IV of Schedule 1 of the Act shall not operate so as to confer any privilege or immunity on any member of the family of any officer to whom this Article applies other than his spouse and minor children.
4
Paragraph 1(a) of this Article shall not apply to pensions and annuities paid by the Authority.
All Officials
18
1
Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the Authority, or, in the case of the Secretary-General, by the Assembly of the Authority, officials of the Authority shall enjoy:
a
immunity from suit and legal process and from personal arrest or detention in respect of acts, including words written or spoken, done by them in the exercise of their functions;
b
exemption from income tax in respect of salaries and emoluments received by them as officials of the Authority;
c
the like exemption from customs duties and taxes on the importation of articles which:
i
at or about the time when they first enter the United Kingdom to take up their posts as officials of the Organisation are imported for their personal use or that of members of their families forming part of their households, including articles intended for their establishment, and
ii
are articles which were in their ownership or possession or that of such members of their families, or which they or such members of their families were under contract to purchase, immediately before they so entered the United Kingdom, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent; and
d
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent, as if in that paragraph the reference to paragraph 1 of the Article were a reference to paragraph 1(c) of this Article.
2
Paragraph 1(b) of this Article shall not apply to pensions and annuities paid by the Authority.
PART VI
EXPERTS PERFORMING MISSIONS
19
1
Except in so far as in any particular case any privilege or immunity is waived by the Secretary-General of the Authority, experts (other than officials of the Authority) performing missions on behalf of the Authority shall enjoy:
a
immunity from suit and legal process (even after the termination of their mission) in respect of acts, including words written or spoken, done by them in the exercise of their functions;
b
during the period of their missions, including during journeys made in connection with service on such missions, the like immunity from personal arrest or detention and the like inviolability for all papers and documents as is accorded to a diplomatic agent; and
c
unless they are British citizens, British Dependent Territories citizens, British Overseas citizens or British Nationals (Overseas), exemption from income tax in respect of salaries and emoluments received by them from the Authority.
2
Paragraph 1(c) of this Article shall not apply to pensions and annuities paid by the Authority.
A K Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 5) Order 2000.
2
The following provisions of the Welfare Reform and Pensions Act 1999 shall come into force on 1st December 2000: —
a
sections 19, 21 and 22;
b
section 84(1) so far as relating to paragraphs 1 to 4 and 64 to 66 of Schedule 12;
c
section 85(3) and (4);
d
section 88 so far as relating to the entries in Part II of Schedule 13 in respect of the Matrimonial Causes Act 1973 , the Matrimonial and Family Proceedings Act 1984 and sections 9(8) and 16 of the Family Law Act 1996 ;
e
Schedules 3 and 4;
f
paragraphs 1 to 4 and 64 to 66 of Schedule 12; and
g
the entries in Part II of Schedule 13 in respect of the Matrimonial Causes Act 1973, the Matrimonial and Family Proceedings Act 1984 and sections 9(8) and 16 of the Family Law Act 1996.
Signed on behalf of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
14th April 2000