type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Special Educational Needs) (England) (Amendment) Regulations 2001.
2
These Regulations shall come into force on 1st September 2001.
3
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations, “the principal Regulations ” means The Education (Special Educational Needs) (England) Regulations 2001 .
2
Expressions used in these Regulations and the principal Regulations have the same meaning in these Regulations as in the principal Regulations.
Time limits and prescribed information
3
Regulation 12 of the principal Regulations shall be amended as follows —
a
In paragraph (3) the words “Where under section 329A (3) an authority serve a notice on a child’s parent informing him that they are considering whether to make an assessment they shall within 6 weeks of the date of service of that notice give notice to the responsible body who requested that an assessment be made — ” shall be deleted and the following words shall be inserted in their place —
Where section 329A applies an authority shall, within 6 weeks of the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to that body —
.
b
In paragraph (4) the words “Where under section 329A(3) an authority serve a notice on a child’s parent informing him that they are considering whether to make an assessment they shall within six weeks of the date of service of that notice give notice to the child’s parent — ” shall be deleted and the following words shall be inserted in their place —
Where section 329A applies an authority shall, within 6 weeks of the date of receipt of a request from a responsible body that an assessment of a child be made, give notice to the child’s parent —
.
Estelle Morris
Secretary of State for Education and Skills
7th July 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Carers and Disabled Children Act 2000 (Commencement No. 1) (England) Order 2001.
2
In this Order, unless the context otherwise requires: —
“ the Act ” means the Carers and Disabled Children Act 2000.
3
This Order extends to England only.
Appointed Day
2
The day appointed for the coming into force of the provisions of the Act specified in the Schedule to this Order is 1st April 2001.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wycombe Primary Care Trust (Establishment) Order 2001 and shall come into force on 8th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Wycombe Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 8th October 2001 a Primary Care Trust to be called the Wycombe Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Buckinghamshire 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 Buckinghamshire 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 South Buckinghamshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
1st October 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Insolvency Act 2000 (Commencement No. 2) Order 2001.
2
In this Order, except where contrary provision is made, references to sections and Schedules are references to sections of, and Schedules to, the Insolvency Act 2000.
Appointed day
2
The day appointed for the coming into force of section 1 (Moratorium where directors propose voluntary arrangement) and paragraph 4 of Schedule 1, but only as far as is necessary to give effect to paragraphs 5 and 45(1), (2), (3) and (5) of Schedule A1 to the Insolvency Act 1986 , as those provisions are set out in paragraph 4 of Schedule 1, is 11th May 2001.
Stephen Byers,
Secretary of State,
Department of Trade and Industry
4th May 2001


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the National Health Service Appointments Commission (Establishment and Constitution) Order 2001 and shall come into force on 1st April 2001.
2
This Order extends to England only.
3
In this Order “the Commission” means the National Health Service Appointments Commission established by this Order.
Establishment of the National Health Service Appointments Commission
2
There is hereby established a Special Health Authority which shall be known as the National Health Service Appointments Commission.
Functions of the Commission
3
Subject to, and in accordance with, such directions as the Secretary of State may give , the Commission shall perform —
a
such functions in connection with the appointment of —
i
the chairman and members of Health Authorities and Primary Care Trusts established for areas in England;
ii
the chairman and directors of NHS trusts all or most of whose hospitals, establishments and facilities are situated in England;
iii
special trustees for health service hospitals situated in England ;
iv
trustees for NHS trusts all or most of whose hospitals, establishments and facilities are situated in England ; and
v
trustees for Primary Care Trusts established for areas in England ,
and,
b
such other functions,
as the Secretary of State may direct.
Constitution of the Commission
4
The Commission shall consist of —
a
the chairman;
b
not less than four nor more than eight members who are not officers of the Commission (to be known as Regional Commissioners); and
c
the chief officer of the Commission.
Remuneration of members
5
The Commission is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the National Health Service Act 1977 (definition of “relevant authority” for the purposes of paying remuneration to members of Health Authorities and certain Special Health Authorities).
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2001


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modification) Order 2001 and shall come into force on 16th July 2001.
2
Subject to article 3 below, the codes of practice in force shall have effect with the modifications set out in the Schedule to this Order.
3
The modifications to the codes of practice made by article 2 shall have effect for a period of two years from the date on which this Order comes into force, and shall have effect only in the following police areas :
a
Staffordshire;
b
Nottinghamshire;
c
the metropolitan police district.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
20th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hertfordshire Partnership National Health Service Trust (Establishment) Order 2001 and shall come into force on 9th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 9th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Hertfordshire Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Hertfordshire Partnership National Health Service Trust.
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 and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from 99 Waverley Road, St. Albans, Hertfordshire AL3 5TL, and at or from any associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The West Hertfordshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
30th January 2001


text:
Citation, commencement, extent and interpretation
1
1
This Order, which extends to England only, may be cited as the Non-Domestic Rating (Designation of Rural Areas) (England) Order 2001 and shall come into force on 31st December 2001.
2
In this Order:
“the map” means the maps each entitled “Map referred to in the Non-Domestic Rating (Designation of Rural Areas) (England) Order 2001”, of which prints, signed by a member of the Senior Civil Service in the Department for Transport, Local Government and the Regions, are deposited and available for inspection at the offices of the Secretary of State for Transport, Local Government and the Regions; and
“urban areas” means —
the areas of the local authorities specified in the Schedule to this Order; and
the areas shown cross-hatched on the map bounded externally by the outer edge of a black line,
excluding, in each case, any part or parts of the areas which are designated as rural areas under —
article 2 of the Non-Domestic Rating (Rural Settlements) (England) Order 1997 ;
article 2 of the Non-Domestic Rating (Rural Settlements) (England) Order 1998 ;
article 2 of the Non-Domestic Rating (Rural Settlements) (England) ( No. 2) Order 1998 ; or
article 2 of the Non-Domestic Rating (Rural Settlements) (England) Order 1999 .
Designation of rural areas
2
There is designated as a rural area for the purposes of section 42A (rural settlement list) of the Local Government Finance Act 1988 all of England outside the urban areas.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State for Transport, Local Government and the Regions
7th December 2001


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


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 2001.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 2001 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of tax Lower Limit Upper Limit Per cent.
£ £ £ 0 242,000 NIL 242,000 — 40
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
Citation, commencement, cessation and extent
1
1
These Regulations may be cited as the Waste (Foot-and-Mouth Disease) (England) Regulations 2001, shall come into force on 13th April 2001 and shall cease to have effect on 13th October 2001.
2
These Regulations extend to England only.
Prescribed Waste
2
1
Section 57 of the Environmental Protection Act 1990 (power of the Secretary of State to require waste to be accepted, treated, disposed of or delivered) shall have effect in the county areas specified in the Schedule to these Regulations as if references to controlled waste included references to any waste which is from premises used for agriculture within the meaning of the Agriculture Act 1947 and which consists of —
a
subject to paragraph (3), carcases (or parts of carcases, including blood) of animals specified in paragraph (2); or
b
rendered material or ash resulting from the rendering or incineration of carcases (or parts of carcases) of animals specified in paragraph (2).
2
The animals referred to in paragraph (1)(a) and (b) are animals which —
a
are cattle, sheep, goats, any other ruminating animals or swine; and
b
are slaughtered as a direct or indirect result of measures taken to deal with foot-and-mouth disease.
3
Paragraph (1)(a) shall not apply to cattle born before 1st August 1996.
Enactments prescribed for the purposes of section 57(6) of the Environmental Protection Act 1990
3
The following enactments are prescribed for the purposes of section 57(6) of the Environmental Protection Act 1990 (defences in the case of compliance with a direction) —
a
sections 179, 187, 187A, 216 and 331 of the Town and Country Planning Act 1990 ;
b
sections 33, 34, 80(4) and 82(8) of the Environmental Protection Act 1990 ; and
c
section 85 of the Water Resources Act 1991 .
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
12th April 2001


text:
1
This Order may be cited as the Education (City Academies) Order 2001 and shall come into force on 12th November 2001.
2
In its application to a City Academy, section 483(3) of the Education Act 1996 shall be modified by the deletion of the word “and” at the end of paragraph (a) and by the addition of the following words —
c
the extent to which the value of those assets can be realized, and
d
the extent to which, in the opinion of the Secretary of State, the sums to be repaid should instead be paid to the Local Education Authority for the area in which the City Academy is situated or should be retained by the City Academy for charitable purposes.
.
3
This Order applies only to England.
Stephen Timms
Minister of State,
Department for Education and Skills
19th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Winchester (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 4, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 5 and 6 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Wickham, Bishops Waltham and Swanmore, respectively, to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“city” means the city of Winchester;
“existing”, in relation to ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Winchester (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Winchester
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map is running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Winchester
3
1
Subject to the following provisions of this article, elections of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the city is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Soberton
4
The parish of Soberton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the city ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Wickham
5
1
The existing wards of the parish of Wickham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the city ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be eleven.
Numbers of parish councillors
6
1
The number of parish councillors to be elected for the parish of Bishops Waltham shall be fourteen.
2
The number of parish councillors to be elected for the parish of Swanmore shall be ten.
Parish Elections
7
1
Elections of all parish councillors for the parishes referred to in Schedule 5 shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
The ordinary election of parish councillors in 2002 for the parish of Northington shall not take place; and any parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
3
Elections of all parish councillors for the parish of Northington shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
4
Elections of all parish councillors for the parishes of Badger Farm, Boarhunt, Compton and Shawford, Shedfield, and Southwick and Widley shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
5
The term of office of any parish councillor to whom any of paragraphs (1), (3) or (4) apply shall be four years; and the parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
6
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2003 in the office of a parish councillor for the parish of Northington, as if the reference in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Revocation
8
The City of Winchester (Electoral Arrangements) Order 1976 and article 15 of the Winchester (Parishes) Order 1985 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th March 2001


text:
Citation and commencement
1
1
This Order may be cited as the Transfer of Functions (Miscellaneous) Order 2001.
2
This Order shall come into force on 26th November 2001.
Interpretation
2
In this Order —
a
“instrument”, without prejudice to the generality of that expression, includes in particular Royal Charters, Royal Warrants, Orders in Council, Letters Patent, judgments, decrees, orders, rules, regulations, schemes, bye-laws, awards, contracts and other agreements, memoranda and articles of association, certificates, deeds and other documents, and
b
a reference to a function of the Secretary of State includes a reference to a function of the Secretary of State for the Home Department and to anything which is required or authorised to be done in or by the office of that Secretary of State (whether by reference to “the Home Office”, “the Home Department” or otherwise).
Transfer from Home Secretary to Lord Chancellor
3
The functions listed in Schedule 1 to this Order are hereby transferred to the Lord Chancellor.
Functions passing from Home Secretary to Lord Chancellor: supplemental
4
1
This article applies to a function which —
a
relates to a matter within paragraph (2),
b
was entrusted to the Secretary of State for the Home Department immediately before 7th June 2001, and
c
has been entrusted to the Lord Chancellor before the making of this Order or is transferred to him by article 3 and Schedule 1.
2
The matters mentioned in paragraph (1)(a) are —
a
the Monarchy,
b
titles,
c
ceremonial matters,
d
the relationship between the administration of any of the Channel Islands or of the Isle of Man and the Crown or a Minister of the Crown,
e
human rights,
f
bodies or organisations established or incorporated by Royal Charter,
g
appointments,
h
ecclesiastical matters,
i
marriage,
j
access to information (including, in particular, the subject matter of the Data Protection Act 1998 and the Freedom of Information Act 2000 ), and
k
buildings and structures in London.
3
A transfer by this Order of a function to which this article applies shall not affect the validity of anything done by or in relation to the Secretary of State for the Home Department before the coming into force of this Order.
4
So far as is necessary in consequence of the entrusting or transfer to the Lord Chancellor of a function to which this article applies, an enactment or instrument passed or made before this Order comes into force shall have effect as if —
a
a reference to the Secretary of State or the Secretary of State for the Home Department were a reference to the Lord Chancellor,
b
a reference to the Home Department (or the “Home Office”) were a reference to the Lord Chancellor’s Department, and
c
a reference to an officer of the Home Department (or the “Home Office”) were a reference to an officer of the Lord Chancellor’s Department.
5
Anything done by or in relation to the Secretary of State for the Home Department in connection with a function to which this article applies shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the Lord Chancellor.
6
Anything which is in the process of being done by or in relation to the Secretary of State for the Home Department when this Order comes into force may, if it relates to a function to which this article applies, be continued by or in relation to the Lord Chancellor.
7
Legal proceedings to which the Secretary of State for the Home Department is party at the coming into force of this Order in relation to a function to which this article applies may be continued by or against the Lord Chancellor.
8
Any property right or liability to which the Secretary of State for the Home Department is entitled or subject immediately before the coming into force of this Order in connection with a function to which this article applies is hereby transferred to the Lord Chancellor.
Transfer from Home Secretary to Secretary of State for Transport, Local Government and the Regions
5
1
The function of the Secretary of State for the Home Department under article 3 of the Fire Service College Trading Fund Order 1992 (source of loans) is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.
2
The function of the Secretary of State for the Home Department under section 2(2)(b) of the Political Parties, Elections and Referendums Act 2000 (membership of Speaker’s Committee) is hereby transferred to the Secretary of State for Transport, Local Government and the Regions.
Functions passing from Home Secretary to other Secretaries of State: supplemental
6
1
This article applies to a function which —
a
relates to a matter within paragraph (2),
b
was entrusted to the Secretary of State for the Home Department immediately before 7th June 2001, and
c
has been entrusted to another Secretary of State before the making of this Order or is transferred by article 5.
2
The matters mentioned in paragraph (1)(a) are —
a
gambling,
b
horse-racing,
c
liquor licensing,
d
late night refreshment,
e
public entertainments,
f
video recording (including, in particular, the subject matter of the Video Recordings Act 1984 ),
g
films (including, in particular, the subject matter of the Cinemas Act 1985 ),
h
street trading and pedlars,
i
fairs,
j
fire services and fire precautions (including, in particular, the subject matter of the Fire Services Act 1947 and the Fire Precautions Act 1971 and any provision which relates, or in so far as it relates, to a fire authority),
k
elections,
l
bye-laws, and
m
animals.
3
In this article “the new Secretary of State” means —
a
in relation to the matters mentioned in paragraph (2)(a) to (g), the Secretary of State for Culture, Media and Sport,
b
in relation to the matters mention in paragraph (2)(h) and (i), the Secretary of State for Trade and Industry,
c
in relation to the matters mentioned in paragraph (2)(j) to (l), the Secretary of State for Transport, Local Government and the Regions, and
d
in relation to the matter mentioned in paragraph 2(m), the Secretary of State for Environment, Food and Rural Affairs.
4
A transfer by this Order of a function to which this article applies shall not affect the validity of anything done by or in relation to the Secretary of State for the Home Department before the coming into force of this Order.
5
So far as is necessary in consequence of the entrusting or transfer to the new Secretary of State of a function to which this article applies, an enactment or instrument passed or made before this Order comes into force shall have effect as if —
a
a reference to the Secretary of State for the Home Department were a reference to the new Secretary of State,
b
a reference to the Home Department (or the “Home Office”) were a reference to the department of the new Secretary of State, and
c
a reference to an officer of the Home Department (or the “Home Office”) were a reference to an officer of the department of the new Secretary of State.
6
Anything done by or in relation to the Secretary of State for the Home Department in connection with a function to which this article applies shall, so far as necessary for continuing its effect after the coming into force of this Order, have effect as if done by or in relation to the new Secretary of State.
7
Anything which is in the process of being done by or in relation to the Secretary of State for the Home Department when this Order comes into force may, if it relates to a function to which this article applies, be continued by or in relation to the new Secretary of State.
8
Legal proceedings to which the Secretary of State for the Home Department is party at the coming into force of this Order in relation to a function to which this article applies may be continued by or against the new Secretary of State.
9
Any property right or liability to which the Secretary of State for the Home Department is entitled or subject immediately before the coming into force of this Order in connection with a function to which this article applies is hereby transferred to the new Secretary of State.
Plant Varieties and Seeds (Isle of Man) Order 1969
7
The functions which arise by virtue of paragraph 9 of the Schedule to the Plant Varieties and Seeds (Isle of Man) Order 1969 (adaptation of Plant Varieties and Seeds Act 1964 to Isle of Man: definition of “Ministers”) are hereby transferred to the Secretary of State for Environment, Food and Rural Affairs and the Lord Chancellor acting jointly.
Consequential amendments
8
The enactments mentioned in Schedule 2 to this Order shall have effect with the amendments specified.
A. K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 2) Order 2001.
2
In this Order, “the 2001 Act ” means the Criminal Justice and Police Act 2001.
2
The following provisions of the 2001 Act shall come into force on 1st October 2001:
a
sections 71 and 72 (arrestable offences);
b
section 97 (regulations for police forces), except paragraph (a) of sub section (4);
c
section 100 (orders and regulations); and
d
paragraph 26 of Schedule 2 (amendment to Financial Services and Markets Act 2000) .
John Denham
Minister of State
Home Office
17th September 2001


text:
1
This Order may be cited as the Thurrock and Basildon College (Incorporation) Order 2001 and shall come into force on 1st June 2001 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Thurrock and Basildon College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name (to be formed by the merger of Thurrock College and Basildon College).
3
The operative date in relation to the further education corporation established by this Order shall be 1st August 2001, and the corporation shall conduct Thurrock and Basildon College from that date.
Tessa Blackstone
Minister of State,
Department for Education and Employment
17th April 2001


text:
Title, commencement and extent
1
This Order, which shall extend to England only, may be cited as the Fur Farming (Compensation Scheme) (England) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
1
In this Order —
“ the Act ” means the Fur Farming (Prohibition) Act 2000;
“agricultural occupancy condition” means a condition either imposed or having effect under section 70 of the Town and Country Planning Act 1990 by virtue of which the occupation of a dwelling is limited to a category of persons which includes persons solely or mainly working in the locality for the purposes of agriculture;
“applicant” means a person claiming to be entitled to compensation in accordance with this Order and making a first-stage application;
“asbestos” means amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing one or more of those minerals;
“associate” means any of the following —
in relation to a natural person —
that person’s spouse or any of that person’s relatives;
any person with whom that person, that person’s spouse or any of that person’s relatives is in partnership; or
any body corporate of which that person, that person’s spouse or any of that person’s relatives is a director or controller;
in relation to a body corporate —
any of its directors or controllers;
any subsidiary of the body corporate;
any of the directors or controllers of such a subsidiary;
if the body corporate is itself a subsidiary, any other subsidiary of the holding company they have in common;
any director or controller of any such other subsidiary; or
any person with whom that body corporate is in partnership; or
in relation to any person, the spouse or any of the relatives of any of the natural persons identified as associates elsewhere in this definition;
and for the purposes of this definition —
“acting in concert” means acting in accordance with an agreement or arrangement with respect to either —
the acquisition, holding or disposal of shares or other interests in a body corporate; or
the exercise of voting power in a body corporate;
“controller” means (in relation to a body corporate) any person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who (either alone or with any associate or with any person with whom he is acting in concert) is entitled to exercise or control the exercise of at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; or
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
“holding company” means a holding company within the meaning of section 736(1) of the Companies Act 1985 ;
“relative” means parent (or step-parent), child (or step-child), brother, sister, uncle, aunt, nephew, niece, grandparent or grandchild; and
“subsidiary” means a subsidiary within the meaning of section 736(1) of the Companies Act 1985;
“Bank of England base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank of England is willing to enter into transactions for providing short term liquidity in the money markets;
“breeding female” means a female mink kept solely or primarily for either or both of the following purposes —
breeding progeny for slaughter for the value of their fur; or
breeding progeny for sale for such slaughter;
“determination as to amount” means a determination made by the Minister under article 8 as to the amount of compensation payable to an entitled applicant;
“determination of entitlement” means a determination made by the Minister under article 5 that an applicant is entitled to compensation under this Order;
“discounted replacement cost” means (in relation to an item of equipment) the reasonable cost of replacing that item less a reasonable allowance in respect of depreciation which —
takes into account both —
the age, condition and expected useful life of the item; and
any other factors that are relevant; and
is arrived at in accordance with UK GAAP ;
“entitled applicant” means an entitled person making a second-stage application;
“entitled person” means a person in respect of whom a determination of entitlement has been made;
“equipment” includes —
equipment which is attached to any land or building (as well as equipment which is not);
specialised buildings; and
security installations;
“first-stage application” means an application made in accordance with article 4 and Schedule 2 for a determination of entitlement;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“mink” means an animal of the species Mustela vison ;
“non-qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of activities other than keeping mink for one or more of the relevant purposes;
“professional fees” means any fees paid by an applicant or an entitled applicant to an accountant or to a surveyor or valuer (or both) in respect of the work carried out by them in preparing a first-stage application or a second-stage application (or both);
“qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of keeping mink for one or more of the relevant purposes;
“reference date” means (in relation to a qualifying business) the date on which the last complete accounting period prior to the cessation of the qualifying business ended; and
“reference period” means (in relation to a qualifying business) the period of five years ending on the reference date for that qualifying business.
“relevant planning gain” means any increase in the value of a restricted property which —
results from the removal of the agricultural occupancy condition from that property following the cessation of a qualifying business; and
is realised on the sale of the property within three years of the date on which the entitled person ceased to carry on his qualifying business;
“relevant purposes” means (in relation to the keeping of mink) the following purposes —
slaughter (whether by the keeper of the mink or by any other person) solely or primarily for the value of their fur;
sale for such slaughter;
breeding progeny for such slaughter; and
breeding progeny for sale for such slaughter;
“restricted property” means any property —
in which an entitled person (or any associate of that entitled person) had a freehold or leasehold interest at any time between 23rd November 2000 and the date on which the entitled person ceased to carry on his qualifying business; and
which was subject to an agricultural occupancy condition at any time during that period.
“second-stage application” means an application made in accordance with article 7 and Schedule 4 for a determination as to amount;
“security installation” means any device, fence or structure installed or erected in order to retain mink within an area or to exclude any trespassers from entering an area in which mink are kept or housed;
“specialised building” means any building or structure which —
has been used solely or primarily in a qualifying business; and
cannot reasonably be used for any other purpose; and
“UK GAAP” means generally accepted accounting practice in the United Kingdom.
2
In this Order —
a
any reference to a numbered article is a reference to the article so numbered in this Order;
b
any reference to a numbered Schedule is a reference to the Schedule to this Order so numbered in this Order; and
c
any reference in an article or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the article or Schedule in which the reference is made.
Compensation
3
The Minister shall pay compensation in accordance with the remaining provisions of this Order to any person who satisfies her that —
a
on 2nd March 1999, he —
i
was carrying on a qualifying business, and
ii
held a licence to keep mink in accordance with the Mink Keeping Order 1997 ;
b
either —
i
on the date on which this Order comes into force, he had ceased, by reason of the enactment or coming into force of section 1 of the Act, to carry on his qualifying business; or
ii
not later than 31st December 2002, he has ceased to do so; and
c
as a result, he has incurred any income losses or non-income losses (or both) of the kind specified in Schedule 1.
First-stage application
4
1
Schedule 2 shall apply in relation to first-stage applications and determinations of entitlement.
2
No person may make a first-stage application —
a
while he continues to keep mink for one or more of the relevant purposes;
b
subject to article 11, more than three months after the later of —
i
the date on which this Order comes into force; or
ii
the date on which he ceased to keep mink for any of the relevant purposes; or
c
subject to article 12, if he has made a first-stage application on a previous occasion.
Determination of entitlement
5
1
The Minister shall make a determination of entitlement in respect of any applicant where, on the basis of the information provided in that applicant’s first-stage application and any other relevant information available to her, it appears to her that he fulfils the requirements set out in article 3.
2
The Minister shall also make a determination of entitlement in respect of an applicant if either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
3
The Minister may revoke a determination of entitlement at any time within six years of the date on which it was originally made if —
a
either —
i
she believes that any information supplied to her in support of a first-stage application was inaccurate in any material respect, or
ii
new information, which is relevant and material to a first-stage application, becomes available to her; and
b
she is satisfied that the person in respect of whom the determination of entitlement was made does not fulfil the requirements set out in article 3.
4
Where the Minister either —
a
does not make a declaration of entitlement in respect of an applicant, or
b
revokes a determination of entitlement in respect of any person,
she may, if she is satisfied that the person fulfils the requirements set out in paragraphs (a) and (b) of article 3, make a payment to that person in respect of any reasonable professional fees paid by him.
Interim payment
6
The Minister shall, within six weeks of making a determination of entitlement, pay to the entitled person in respect of whom it was made the following amounts —
a
an interim payment calculated in accordance with the provisions of Schedule 3; and
b
interest on that amount at 1 per cent per annum over the Bank of England base rate from the date on which that entitled person’s first-stage application was received by the Minister until the date on which the payment is made by the Minister.
Second-stage application
7
1
Schedule 4 shall apply in relation to second-stage applications and determinations as to amount.
2
No person may make a second-stage application —
a
unless he is an entitled person;
b
subject to article 11, more than six months after the date on which the Minister notified him that she had made a determination of entitlement in respect of him; or
c
subject to article 12, if he has made a second-stage application on a previous occasion.
Determination as to amount
8
1
The Minister shall make a determination as to amount in respect of an entitled applicant specifying the amount which, on the basis of the information provided in that entitled applicant’s second-stage application and any other relevant information available to her, she considers is due to that entitled applicant in accordance with the provisions of Schedule 5.
2
The Minister may revise a determination as to amount either —
a
in accordance with paragraph 8(1)(a) of Schedule 4;
b
following an arbitration in accordance with section 5(5) of the Act; or
c
following a reference to the Lands Tribunal in accordance with section 5(6) of the Act.
3
The Minister shall revise a determination as to amount in accordance with paragraph (2) above to the extent (if any) that either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
4
The Minister may also revise a determination as to amount at any time within six years of the date on which it was originally made if —
a
either —
i
she believes that any information supplied to her in support of a second-stage application was inaccurate in any material respect, or
ii
new information (including information relating to a change in circumstances), which is relevant and material to a second-stage application, becomes available to her; and
b
she is satisfied that the amount payable to the person in respect of whom the determination as to amount was made is different from the amount specified in the determination as to amount.
5
Where there has been a change of circumstances which is relevant and material to a second-stage application, the Minister may revise a determination as to amount under paragraph (4) above, irrespective of whether or not —
a
the information provided in the second-stage application was correct at the time when it was submitted to her, or
b
the amount specified in the original determination as to amount was correctly calculated on the basis of the information provided in the second-stage application and any other relevant information available to her at the time.
6
Where the Minister revises a determination as to amount in accordance with this article, she shall notify the person in respect of whom the determination as to amount was made that she has done so and paragraphs 6 to 12 of Schedule 4 shall apply.
7
Where —
a
a person in respect of whom a determination as to amount has been made subsequently realises a relevant planning gain on the sale of a restricted property, and
b
the amount to be deducted in accordance with Part IX of Schedule 5 from the compensation otherwise payable to that entitled applicant is equal to or exceeds the amount payable in accordance with Parts III to VIII of Schedule 5,
the Minister shall specify in her revised determination as to amount that the amount of compensation payable to that person is zero.
8
A determination as to amount made in respect of any person whose determination of entitlement is revoked in accordance with article 5(4) shall automatically be revoked.
Payment of compensation
9
1
The Minister shall, within six weeks of the date on which she receives written notification under paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) that a determination as to amount has been accepted, pay to the person in respect of whom it was made the following amounts —
a
the amount specified in the determination as to amount; and
b
subject to paragraph (3), (4) and (5) below, interest on that amount at 1 per cent per annum over the Bank of England base rate for the period from the date on which that person’s first-stage application was received by the Minister until the date on which the payment is made by the Minister.
2
If, after nine months has elapsed from the date on which the Minister first notifies an entitled applicant in accordance with paragraph 3(b) of Schedule 4 or paragraph 5 of Schedule 4 (as the case may be) of her determination as to amount, the Minister has not received written notification under paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) from that entitled applicant as to whether or not he accepts the determination as to amount, the Minister may pay to the entitled applicant —
a
the amount specified in the determination as to amount; and
b
subject to paragraphs (3) and (4) below, interest on that amount at 1 per cent per annum over the Bank of England base rate for the period from the date on which that person’s first-stage application was received by the Minister until, as the case may be —
i
the date three months after the date on which the Minister made a determination as to amount in respect of that entitled applicant in accordance with paragraph 3(b) of Schedule 4;
ii
the date three months after the date on which the Minister made a determination as to amount in respect of that entitled applicant in accordance with paragraph 5 of Schedule 4;
iii
the date one month after the date on which the Minister made a revised determination as to amount in respect of that entitled applicant in accordance with paragraph 8(1)(a) of Schedule 4; or
iv
the date one month after the date on which the Minister confirmed her original determination as to amount in accordance with paragraph 8(1)(b) of Schedule 4.
3
Interest shall not be payable in accordance with paragraphs (1)(b) or (2)(b) above on any amount payable in accordance with Parts IV, VI , VII or VIII of Schedule 5 for any period prior to the date on which the payment, judgment, arbitral award or settlement to which the amount relates was made.
4
Interest shall not be payable in accordance with paragraphs (1)(b) or (2)(b) above in respect of any period from the date two months after the date on which the Minister notified the person to whom interest is payable that she had made a determination of entitlement in respect of that person until the date on which that person’s second-stage application was received by the Minister.
5
If a person to whom interest is payable in accordance with paragraph (1)(b) above did not notify the Minister as to whether or not he had accepted the determination as to amount within the time limit provided for in paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be), interest shall not be payable in accordance with paragraph (1)(b) above in respect of any period from the date on which that time limit expired until the date on which he notified the Minister in accordance with paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) that he had accepted the determination as to amount made in respect of him.
Recovery of any overpayment
10
1
Where a determination of entitlement is revoked by the Minister in accordance with article 5(3), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination of entitlement had been made —
a
any amount paid to that person by the Minister under article 6;
b
any amount paid to that person by the Minister under article 9; and
c
interest on those amounts at 1 per cent per annum over the Bank of England base rate from the date of payment until the date of repayment.
2
Where a determination as to amount is revised by the Minister in accordance with article 8(4) and the amount specified in the revised determination as to amount (“the revised amount”) is less than the the amount specified in the original determination as to amount (“the original amount”), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination as to amount had been made —
a
the difference between the original amount and the revised amount; and
b
subject to paragraph (3) below, interest on that amount at 1 per cent per annum over the Bank of England base rate from the date of the original payment until the date of repayment.
3
To the extent (if any) that the difference referred to in paragraph (2)(a) above results from a relevant planning gain realised on the sale of a restricted property after the date of the original payment, interest shall not be payable on that difference for any period prior to the date on which the relevant planning gain was realised.
4
Subject to paragraph (5) below, any amount payable to the Minister in accordance with paragraph (1) or (2) above shall be recoverable as a civil debt.
5
The Minister shall not take any steps to enforce payment of any amount payable to her under this article until the procedures set out in Schedule 2 or Schedule 4 (as the case may be) have been exhausted.
Power to extend time limits
11
1
The Minister may, if she thinks fit in a particular case, extend any of the time limits provided for in the following provisions of this Order —
a
article 4(2)(b);
b
article 7(2)(b);
c
articles 9(4) and 9(5);
d
paragraphs 4, 6(1), 6(2) and 8 of Schedule 2; and
e
paragraphs 4, 6(1), 6(2), 7(1), 7(2), 9(1), 9(2), 10(1) and 10(2) of Schedule 4.
2
The Minister may extend a time limit in accordance with paragraph (1) above even if it has already expired.
Power to permit further applications
12
Notwithstanding articles 4(2)(c ) and 7(2)(c ), the Minister may, if she thinks fit in a particular case, permit a person who has already made a first-stage application or a second-stage application to make a further first-stage application or second-stage application (as the case may be).
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
3rd December 2001


text:
Citation and commencement
1
These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) (Amendment No. 3) Regulations 2001 and shall come into force on 1st August 2001.
Amendment of the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001
2
1
The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations 2001 shall be amended as follows.
2
In regulation 3(1), for the words “until 2nd August 2001” there shall be substituted the words “until 1st September 2001”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
30th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northamptonshire Healthcare National Health Service Trust (Establishment) Order 2001 and shall come into force on 16th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1, to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 16th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Northamptonshire Healthcare National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is hereby established an NHS trust which shall be called the Northamptonshire Healthcare National Health Service Trust.
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 and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Isebrook Hospital, Wellingborough, Northamptonshire, NN8 1LP, and at or from any associated hospitals, establishments or facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Northamptonshire Health Authority shall discharge the liabilities of the trust incurred during the period from and including the establishment date until the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the previous paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
5th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Immigration Appeals (Family Visitor) (Amendment) Regulations 2001 and shall come into force on 12th January 2001.
Amendment of regulation 3 of the Immigration Appeals (Family Visitor) ( No. 2) Regulations 2000
2
The Immigration Appeals (Family Visitor) (No. 2) Regulations 2000 shall be amended as follows:
a
in regulation 3(1)(a), for the figure “£500” there shall be substituted the figure “£125”; and
b
in regulation 3(1)(b), for the figure “£150” there shall be substituted the figure “£50”.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th January 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Standing Orders) (England) Regulations 2001 and shall come into force on 7th November 2001.
2
These Regulations extend to England only and, accordingly, references in these Regulations to an authority are references to an authority in England.
Interpretation
2
In these Regulations —
“the 1989 Act ” means the Local Government and Housing Act 1989;
“the 2000 Act ” means the Local Government Act 2000 ;
“the 1993 Regulations ” means the Local Authorities (Standing Orders) Regulations 1993 ;
“alternative arrangements” has the same meaning as in Part II of the 2000 Act (arrangements with respect to executives etc. );
“chief finance officer” means the officer having responsibility, for the purposes of —
section 151 of the Local Government Act 1972 (financial administration); or
section 6 of the 1989 Act (officer responsible for financial administration of certain authorities),
for the administration of the local authority’s financial affairs;
“council manager” has the same meaning as in section 11(4)(b) of the 2000 Act;
“disciplinary action” in relation to a member of staff of a local authority means any action occasioned by alleged misconduct which, if proved, would, according to the usual practice of the authority, be recorded on the member of staff’s personal file, and includes any proposal for dismissal of a member of staff for any reason other than redundancy, permanent ill-health or infirmity of mind or body, but does not include failure to renew a contract of employment for a fixed term unless the authority has undertaken to renew such a contract;
“elected mayor”, “executive”, “executive arrangements” and “executive leader” have the same meaning as in Part II of the 2000 Act;
“head of the authority’s paid service” means the officer designated under section 4(1) of the 1989 Act (designation and reports of head of paid service);
“local authority” means —
a relevant authority;
the Common Council of the City of London in its capacity as a local authority, police authority or port health authority; or
the Council of the Isles of Scilly;
“member of staff” means a person appointed to or holding a paid office or employment;
“monitoring officer” means the officer designated under section 5(1) of the 1989 Act (designation and reports of monitoring officer);
“plan or strategy” means —
a plan or strategy of a description specified in column (1) of the table in Schedule 3 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (functions not to be the sole responsibility of an authority’s executive), as amended from time to time;
a plan or strategy for the control of a relevant authority’s borrowing or capital expenditure; or
any other plan or strategy whose adoption or approval is, by virtue of regulation 5(1) of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (discharge of executive functions by authorities) as amended from time to time, a matter for determination by a relevant authority;
“relevant authority” means a county council, a district council or a London borough council; and
“working day” means any day which is not a Saturday, a Sunday, Christmas Eve, Christmas Day, Maundy Thursday, Good Friday, a bank holiday in England or a day appointed for public thanksgiving or mourning (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971 ).
Executive arrangements — standing orders relating to staff, proceedings and business
3
1
Subject to paragraphs (3) and (4) of regulation 10, on or before the date on which a relevant authority starts to operate executive arrangements under Part II of the 2000 Act —
a
if its executive is to take the form specified in section 11(2) of the 2000 Act (mayor and cabinet executive), it must —
i
incorporate in standing orders relating to its staff the provisions set out in Part I of Schedule 1 or provisions to the like effect; and
ii
incorporate in standing orders for regulating its proceedings and business the provisions set out in Part I of Schedule 2 or provisions to the like effect;
b
if its executive is to take the form specified in section 11(3) of the 2000 Act (leader and cabinet executive), it must —
i
incorporate in standing orders relating to its staff the provisions set out in Part II of Schedule 1 or provisions to the like effect; and
ii
incorporate in standing orders for regulating its proceedings and business the provisions set out in Part II of Schedule 2 or provisions to the like effect;
c
if its executive is to take the form specified in section 11(4) of the 2000 Act (mayor and council manager executive), it must —
i
incorporate in standing orders relating to its staff the provisions set out in Part III of Schedule 1 or provisions to the like effect; and
ii
incorporate in standing orders for regulating its proceedings and business the provisions set out in Part I of Schedule 2 or provisions to the like effect; and
d
it must modify any of its existing standing orders in so far as is necessary to conform with the provisions referred to in sub-paragraphs (a), (b) and (c).
2
A relevant authority which has incorporated provisions in standing orders pursuant to paragraph (1) must, where it proposes to change its executive arrangements so that its executive will take a different form, make variations to its standing orders to the extent necessary to conform with the provisions referred to in sub-paragraph (a), (b), (c) or (d) of paragraph (1), as the case may be, on or before the date on which it starts to operate those changed executive arrangements.
Alternative arrangements — standing orders relating to staff
4
Subject to paragraphs (3) and (4) of regulation 10, on or before the date on which a relevant authority starts to operate alternative arrangements under Part II of the 2000 Act it must —
a
incorporate in standing orders relating to its staff the provisions set out in Part IV of Schedule 1 or provisions to the like effect; and
b
modify any of its existing standing orders in so far as is necessary to conform with the provisions referred to in sub-paragraph (a).
Standing orders relating to staff
5
Where a relevant authority has standing orders incorporating the provisions in paragraph 4(1) of Part I, paragraph 4(1) of Part II or paragraph 4 of Part IV of Schedule 1 (or provisions to the like effect), the power to approve the appointment or dismissal of the head of the authority’s paid service shall be exercised by the authority itself and accordingly section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) shall not apply to the exercise of that power.
Standing orders in respect of disciplinary action
6
No later than the first ordinary meeting of the local authority falling after the day on which these Regulations come into force, a local authority must, in respect of disciplinary action against the head of the authority’s paid service, its monitoring officer and its chief finance officer —
a
incorporate in standing orders the provisions set out in Schedule 3 or provisions to the like effect; and
b
modify any of its existing standing orders in so far as is necessary to conform with those provisions.
Investigation of alleged misconduct
7
1
Subject to paragraph (5), where, after a local authority has incorporated provisions in standing orders pursuant to regulation 6, it appears to the local authority that an allegation of misconduct by —
a
the head of the authority’s paid service;
b
its monitoring officer; or
c
its chief finance officer,
as the case may be, (“the relevant officer”), requires to be investigated, the authority must appoint a person (“the designated independent person”) for the purposes of the standing order which incorporates the provisions in Schedule 3 (or provisions to the like effect).
2
The designated independent person must be such person as may be agreed between the authority and the relevant officer or, in default of such agreement, nominated by the Secretary of State.
3
The designated independent person —
a
may direct —
i
that the authority terminate any suspension of the relevant officer;
ii
that any such suspension must continue after the expiry of the period referred to in paragraph 3 of Schedule 3 (or in provisions to the like effect);
iii
that the terms on which any such suspension has taken place must be varied in accordance with the direction; or
iv
that no steps (whether by the authority or any committee, sub-committee or officer acting on behalf of the authority) towards disciplinary action or further disciplinary action against the relevant officer, other than steps taken in the presence, or with the agreement, of the designated independent person, are to be taken before a report is made under sub-paragraph (d);
b
may inspect any documents relating to the conduct of the relevant officer which are in the possession of the authority, or which the authority has power to authorise him to inspect;
c
may require any member of staff of the authority to answer questions concerning the conduct of the relevant officer;
d
must make a report to the authority —
i
stating his opinion as to whether (and, if so, the extent to which) the evidence he has obtained supports any allegation of misconduct against the relevant officer; and
ii
recommending any disciplinary action which appears to him to be appropriate for the authority to take against the relevant officer; and
e
must no later than the time at which he makes his report under sub-paragraph (d), send a copy of the report to the relevant officer.
4
A local authority must pay reasonable remuneration to a designated independent person appointed by the authority and any costs incurred by him in, or in connection with, the discharge of his functions under this regulation.
5
This regulation shall not apply in relation to the head of the authority’s paid service if he is also the council manager of the authority .
Amendments to the 1993 Regulations
8
1
In Schedule 1 to the 1993 Regulations (standing orders relating to chief officers), in so far as it extends to England —
a
in paragraph 1 of Part I (appointments), after “chief officer”, there shall be inserted “(within the meaning of the Local Authorities (Standing Orders) Regulations 1993)”; and
b
in paragraph 3 of Part II (authorised variations), at the end of paragraph (b) there shall be added —
, and
any appointment in pursuance of regulations made under paragraph 6 of Schedule 1 to the Local Government Act 2000 (mayor’s assistant).
2
Subject to paragraph (3), the following provisions of the 1993 Regulations shall be revoked in so far as those provisions extend to England —
a
in regulation 1(2) (interpretation), the words ““disciplinary action”” and the definition of that term;
b
in regulation 2 (standing orders), the words “and disciplinary action against the head of its paid service”;
c
regulation 3 (investigation of alleged misconduct); and
d
paragraph 3 (appointments) and paragraph 4 (disciplinary action) of Part I of Schedule 1.
3
Paragraph (2) shall not apply in relation to a National Park authority in England .
Amendments to the Local Government Changes for England Regulations 1994
9
In regulation 11 of the Local Government Changes for England Regulations 1994 (functions and powers of the shadow authority) —
a
in paragraph (7), for “The shadow authority”, there shall be substituted “Subject to paragraph (9), the shadow authority”;
b
at the end of paragraph (7), there shall be added —
; and
the Local Authorities (Standing Orders) (England) Regulations 2001
; and
c
after paragraph (8), there shall be added —
9
Sub-paragraph (k) of paragraph (7) shall only apply in relation to a shadow authority which will become a county council in England, a district council or a London borough council.
.
Transitional and consequential provisions
10
1
Subject to paragraph (2), where a local authority made standing orders incorporating the provisions set out in paragraph 4 of Part I of Schedule 1 to the 1993 Regulations (or provisions to the like effect), until the authority incorporates provisions in standing orders in accordance with regulation 6 —
a
those standing orders shall continue in force; and
b
regulation 7 shall apply in relation to them in respect of the head of the authority’s paid service, as it does in relation to standing orders which incorporate provisions in accordance with regulation 6.
2
Anything which, before the date on which the local authority incorporated provisions in standing orders in accordance with regulation 6, was being done by, to or in relation to an officer in accordance with —
a
regulation 3 of the 1993 Regulations;
b
the provisions set out in paragraph 4 of Part I of Schedule 1 to the 1993 Regulations (or provisions to the like effect) incorporated in the local authority’s standing orders; or
c
regulation 7 as applied by paragraph (1)(b),
may be continued after that date by, to or in relation to him in accordance with the provisions referred to in sub-paragraphs (a), (b) or (c), as the case may be.
3
Where a relevant authority —
a
sent a copy of proposals to the Secretary of State, before the date on which these Regulations come into force, under —
i
section 25 of the 2000 Act (proposals); or
ii
regulations made under section 31 of the 2000 Act (alternative arrangements in case of certain local authorities); and
b
had not started to operate executive arrangements or alternative arrangements before that date,
if the authority considers that it would be impracticable to comply with the requirements of regulation 3 or, as the case may be, regulation 4 on or before the date on which it starts to operate executive arrangements or alternative arrangements, it shall comply with those requirements as soon as reasonably practicable after it has started to operate those arrangements.
4
Where a relevant authority started to operate executive arrangements or alternative arrangements before the date on which these Regulations come into force, it shall comply with the requirements of regulation 3 or, as the case may be, regulation 4 as soon as reasonably practicable after that date.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
10th October 2001