text:
Title, extent and commencement
1
These Regulations may be cited as the Meat (Disease Control) (England) Regulations 2000, shall extend to England only and shall come into force on 16th August 2000.
Amendments to the Fresh Meat (Hygiene and Inspection) Regulations 1995
2
1
Insofar as they extend to England, the Fresh Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (3) of regulation 13 (general conditions) —
a
the word “or” separating sub-paragraphs (c) and (d) shall be revoked;
b
the phrase “cutting premises;” shall be substituted for the phrase “cutting premises.” in sub-paragraph (d); and
c
the following sub-paragraphs shall be inserted after sub-paragraph (d) —
e
fresh meat obtained from domestic sheep, goats or solipeds which have not been held in Community territory for at least 21 days on the date of slaughter, or from birth in the case of animals which are less than 21 days old;
f
fresh meat obtained from animals which —
i
come from a holding or area which, at the time of their departure from the holding or area concerned, was subject to a prohibition or restriction as a result of an outbreak of foot and mouth disease, swine fever, swine vesicular disease or contagious swine paralysis (Teschen disease), and
ii
are susceptible to the particular disease referred to above which led to the prohibition or restriction being imposed;
g
fresh meat obtained from a slaughterhouse while that slaughterhouse was under restriction by virtue of an Order made under the Animal Health Act 1981 relating to foot and mouth disease, swine fever, swine vesicular disease or contagious swine paralysis (Teschen disease);
h
(without prejudice to sub-paragraph (f) above) fresh meat obtained from swine, sheep or goats originating from a holding which, at the time of their departure from the holding concerned, was subject to a prohibition for health reasons (as provided for by Article 4 of Council Directive 72/461/ EEC on health problems affecting intra-Community trade in fresh meat , as amended by amendments up to and including those affected by Council Decision 95/1/ EC , Euratom, ECSC ) as a result of an outbreak of porcine, ovine or caprine brucellosis; or
i
any fresh meat which has not been obtained, cut, stored and transported either separately or at a different time from the meat referred to in any of sub-paragraphs (e) to (h) of this paragraph.
.
3
In Schedule 12 (health marking) —
a
in paragraph 1, for “paragraphs 2 and 7”, there shall be substituted “paragraphs 2, 7 and 8”;
b
in paragraph 2, for “Regulation 13(3)”, there shall be substituted “any of sub-paragraphs (a) to (d) of paragraph (3) of regulation 13”;
c
the following paragraph shall be inserted at the end —
8
In the case of the fresh meat referred to in any of sub-paragraphs (e) to (i) of paragraph (3) of regulation 13, the health mark required by paragraph 1 or 2 above shall be —
a
overstamped in such a way that it is covered by a diagonal cross consisting of two straight lines crossing at right angles, with the point of intersection in the centre of the stamp and the information thereon remaining legible; or
b
applied with a single mark, consisting of the health mark referred to in paragraph 1 or 2 above, overstamped in accordance with sub-paragraph (a) of this paragraph.
.
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
3
1
Insofar as they extend to England, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (3) of regulation 14 (general conditions) sub-paragraph (c) shall be replaced by —
c
fresh meat which —
i
has been marked in accordance with paragraph 6 of Schedule 11, or
ii
has not been obtained, cut, stored and transported separately or at a different time from meat which has been marked in accordance with paragraph 6 of Schedule 11;
.
3
In regulation 14, after the end of paragraph (3) there shall be inserted the following paragraph —
3A
No person shall consign or sell for consignment to any relevant EEA State, or a region of any relevant EEA State or a region of Northern Ireland, which has been recognised in accordance with Article 12(2) of Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs , as amended by amendments up to and including those effected by Council Decision 95/1/EC , Euratom, ECSC, any meat which comes from a bird which has been vaccinated against Newcastle disease with a live vaccine during the 30 days preceding the date of slaughter.
.
4
In Schedule 11 (health marking) paragraph 6 shall be replaced by the following —
6
1
Subject to paragraph 7 below, the health mark required by paragraph 1 or 4 above shall be overstamped or applied as specified in sub-paragraph (2) below in cases where fresh meat —
a
is obtained from any bird which comes from a holding —
i
in relation to which a notice has been served under article 5 of the Diseases of Poultry Order 1994 restricting movements to or from that holding, or
ii
which, at the time of the bird’s departure from the holding concerned, was under restriction by virtue of an Order made under the Animal Health Act 1981 relating to any disease to which poultry is susceptible;
b
is obtained from any bird which has come into contact with a bird suffering from avian influenza or Newcastle disease during transport from the holding to the slaughterhouse;
c
is obtained from a slaughterhouse while that slaughterhouse is under restriction by virtue of an Order made under the Animal Health Act 1981 relating to avian influenza or Newcastle disease; or
d
is suspected or may reasonably be suspected of having been contaminated by avian influenza or Newcastle disease at the slaughterhouse, cutting premises or cold store or during transportation.
2
The health mark shall be —
a
overstamped in such a way that it is covered by a diagonal cross consisting of two straight lines crossing at right angles, with the point of intersection in the centre of the stamp and the information thereon remaining legible; or
b
applied with a single mark, consisting of the health mark referred to in paragraph 1 or 4 above, overstamped in accordance with paragraph (a) of this sub-paragraph.
.
Amendments to the Meat Products (Hygiene) Regulations 1994
4
1
Insofar as they extend to England, the Meat Products (Hygiene) Regulations 1994 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 8 (general conditions), the following paragraphs shall be inserted at the end —
2
No person shall apply the British EC health mark to, or consign or sell for consignment to a relevant EEA State for human consumption, a meat product prepared in whole or in part from any meat referred to in —
a
any of sub-paragraphs (e) to (i) of paragraph (3) of regulation 13 of the Fresh Meat (Hygiene and Inspection) Regulations 1995; or
b
paragraph 6 of Schedule 11 to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995,
unless the meat product has undergone treatment in accordance with section D of Part VIII of Schedule 2.
3
Any meat product to which paragraph (2) above applies shall —
a
be prepared only under official veterinary supervision and must be protected from any contamination or recontamination; and
b
notwithstanding regulation 12(2), be accompanied during transportation by the health certificate referred to at regulation 12(1)(c).
4
The meat referred to in paragraph (2) above shall be transported and stored separately or at a different time from meat which is not referred to in paragraph (2) above.
,
and the existing text of regulation 8 shall become its paragraph (1).
3
In regulation 12 (storage and transportation conditions), sub-paragraphs (b) and (c) of paragraph (1) and paragraph (2) shall be replaced by the following provisions —
b
it is accompanied during transportation by a commercial document which bears the official approval code of the meat products premises of origin; and
c
subject to paragraph (2) below, it is accompanied during transportation by a health certificate, signed by an authorised officer of the enforcement authority at the time of loading and corresponding in form and content to that specified in Schedule 4, where —
i
it contains meat obtained from a slaughterhouse while that slaughterhouse was under restriction by virtue of an Order made under the Animal Health Act 1981;
ii
it contains meat bearing a special mark under regulation 13(2)(c) or (d) of the Fresh Meat (Hygiene and Inspection) Regulations 1995; or
iii
it is intended to be sent to a relevant EEA State after transit through a third country.
2
The requirement for a health certificate at paragraph (1)(c) above shall not apply to a meat product in a hermetically sealed container where the product has undergone the treatment referred to in section B(a) of Part VIII of Schedule 2 and the health mark is indelibly marked on the container.
2A
Where a meat product is intended to be sent to a relevant EEA State after transit through a third country, it shall be transported in a sealed means of transport.
.
4
Paragraph 3 of regulation 12 shall be replaced by the following —
3
The enforcement authority may make a reasonable charge for the issue of any health certificate pursuant to paragraph (1)(c) above.
.
5
In Part VIII of Schedule 2 (special conditions) there shall be inserted at the end —
D
1
Subject to paragraph (3) below, the meat products to which regulation 8(2) applies shall undergo one of the following forms of treatment —
a
heat treatment in a hermetically sealed container with an Fo value of 3.00 or more; or
b
in the case of a meat product which has been prepared exclusively from or with pigmeat which has been obtained from a holding or area which at that time was not subject to any restriction on health grounds following the discovery of African Swine Fever —
i
the meat must be fully de-boned and the main lymphatic glands removed before heating,
ii
the meat must be enclosed in the hermetically sealed container in which it is to be marketed and must undergo heat treatment in accordance with the following conditions:
the product must be kept at a temperature of at least 60°C for a minimum of four hours during which the temperature must be at least 70°C for a minimum of thirty minutes;
the temperature of a representative number of samples of each batch of the product must be monitored constantly, using automatic apparatus enabling the temperature to be recorded both in the centre of the pieces of greater weight and inside the heating equipment; and
throughout these operations, the conditions laid down in the third sub-paragraph of Article 5A of Council Directive 72/461/EEC must be fulfilled.
2
After heat treatment, a health mark shall be applied to the container in accordance with the requirements of Part VI of this Schedule.
3
Notwithstanding paragraph (1) above, a meat product to which regulation 8(2) applies, and which is prepared from fresh meat obtained from animals which do not come from a holding or area such as is specified in regulation 13(3)(f) of the Fresh Meat (Hygiene and Inspection) Regulations 1995, may, instead of undergoing one of the forms of treatment specified in paragraph (1) above, undergo —
a
heat treatment of a type different from those referred to in paragraph (1) above, provided that the centre temperature is raised to at least 70°C;
b
provided that the disease in question is not swine vesicular disease, treatment consisting of natural fermentation and maturation of not less than nine months for de-boned or boneless hams which —
i
weigh not less than 5.5 kg , and
ii
have an AW value of not more than 0.93 and a pH value of not more than 6; or
c
if the disease in question is foot-and-mouth disease, the treatment referred to in paragraph (b) if the meat product is bone-in ham which fulfils the conditions of sub-paragraphs (i) and (ii) of paragraph (b).
.
6
In the form of health certificate specified in Schedule 4 (health certificate for meat products), footnote 3 shall be replaced by —
3
Mention any ionizing radiation for medical reasons and specify whether treated in accordance with section D(1) or (3) of Part VIII of Schedule 2.
.
Amendments to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
5
1
Insofar as they extend to England, the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
At the end of Schedule 4 (conditions for the production of minced meat) there shall be inserted the following paragraph —
7
Fresh meat such as is referred to in any of sub-paragraphs (e) to (i) of paragraph (3) of regulation 13 of the Fresh Meat Regulations shall not be used for the production of minced meat.
.
3
After paragraph 2 of Schedule 5 (conditions for the production of meat preparations) there shall be inserted the following paragraph —
3
The following shall not be used for the production of meat preparations which are to be consigned to a relevant EEA State —
a
fresh meat such as is referred to in any of sub-paragraphs (e) to (i) of paragraph (3) of regulation 13 of the Fresh Meat Regulations; and
b
meat referred to in paragraph 6 of Schedule 11 to the Poultry Meat Regulations.
.
Consequential amendments
6
Insofar as the Products of Animal Origin (Import and Export) Regulations 1996 extend to England, Schedule 2 thereto (regulations relevant to intra-Community trade) shall be amended as follows —
a
in paragraph 5, there shall be substituted for the final three references the following references —
S.I. 1999/683 ;
S.I. 2000/225 ;
S.I. 2000/656 ;
S.I. 2000/790 ;
the Meat (Disease Control) (England) Regulations 2000;
;
b
in paragraph 6, there shall be substituted for the words “the Meat (Enhanced Enforcement Powers) (England) Regulations 2000” the following references —
S.I. 1997/1729 ;
S.I. 1997/2074 ;
S.I. 2000/225 ;
S.I. 2000/656 ;
the Meat (Disease Control) (England) Regulations 2000;
;
c
in paragraph 7, there shall be substituted for the words “the Meat (Enhanced Enforcement Powers) (England) Regulations 2000” the following references —
S.I. 1997/1729 ;
S.I. 2000/225 ;
S.I. 2000/656 ;
the Meat (Disease Control) (England) Regulations 2000;
;
d
in paragraph 11, there shall be substituted for the words “the Meat (Enhanced Enforcement Powers) (England) Regulations 2000” the following words —
, to which the following relevant amendments have been made —
S.I. 1996/3124 ;
S.I. 2000/225 ;
S.I. 2000/656 ;
the Meat (Disease Control) (England) Regulations 2000;
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
14th August 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Approved Work) Regulations 2000 and shall come into force on 3rd April 2000.
Notional income
2
1
In regulation 105 of the Jobseeker’s Allowance Regulations 1996 (notional income)–
a
in paragraph (13)–
i
at the beginning, there shall be inserted the words “Subject to paragraph (13A),”;
ii
the words from “; but this paragraph” to the end of the paragraph shall be omitted;
b
after paragraph (13) there shall be inserted the following paragraph–
13A
Paragraph (13) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the Secretary of State is satisfied in any of those cases that it is reasonable for him to provide those services free of charge;
b
in a case where the service is performed in connection with–
i
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q); or
ii
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.
.
2
In regulation 42 of the Income Support (General) Regulations 1987 (notional income)–
a
for paragraph (6A)(b) there shall be substituted the following sub-paragraph–
b
in a case where the service is performed in connection with–
i
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; or
;
b
in paragraph (6B)(a), the words “throughout that period” shall be omitted.
3
In both regulation 26 of the Council Tax Benefit (General) Regulations 1992 and regulation 35 of the Housing Benefit (General) Regulations 1987 (which relate to notional income)–
a
in paragraph (5)–
i
at the beginning, there shall be inserted the words “Subject to paragraph (5A),”;
ii
the words from “; but this paragraph” to the end of the paragraph shall be omitted;
b
after paragraph (5) there shall be inserted the following paragraph–
5A
Paragraph (5) shall not apply–
a
to a claimant who is engaged by a charitable or voluntary organisation or who is a volunteer if the appropriate authority is satisfied in any of those cases that it is reasonable for him to provide those services free of charge; or
b
in a case where the service is performed in connection with–
i
the claimant’s participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker’s Allowance Regulations 1996; or
ii
the claimant’s or the claimant’s partner’s participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme.
.
Amendment of the Social Security (New Deal Pilot) Regulations 1999
3
1
Regulation 14 of the Social Security (New Deal Pilot) Regulations 1999 (notional income) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1), for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–
b
in paragraph (13), after the words “Subject to paragraph (13A)” there were inserted the words “and paragraph (13B)”;
c
after paragraph (13A) there were inserted the following paragraph–
13B
Paragraph (13) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.
.
.
3
In paragraph (2), for sub-paragraph (b) there shall be substituted the following sub-paragraphs–
b
in paragraph (6), after the words “Subject to paragraph (6A)” there were inserted the words “and paragraph (6D)”;
c
after paragraph (6C) there were inserted the following paragraph–
6D
Paragraph (6) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.
.
.
4
In paragraph (3), for sub-paragraphs (b) and (c) there shall be substituted the following sub-paragraphs–
b
in paragraph (5), after the words “Subject to paragraph (5A)” there were inserted the words “and paragraph (5B)”;
c
after paragraph (5A) there were inserted the following paragraph–
5B
Paragraph (5) shall not apply in a case where the service is performed in connection with the claimant’s participation in the programme known as the intensive activity period of the New Deal pilots for 25 plus as defined for the purposes of the Social Security (New Deal Pilot) Regulations 1999 in regulation 2(1) of those Regulations.
.
.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
4
1
The Social Security (Incapacity for Work) (General) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In sub-paragraph (3)(b) of regulation 6 (information required for determining capacity for work), for the words “regulations 10 to 14 ” there shall be substituted the words “regulations 10, 11 to 14”.
3
After regulation 10 (certain persons with a severe condition to be treated as incapable of work), there shall be inserted the following regulation–
Certain persons participating in approved work to be treated as incapable of work
10A
1
A person to whom this regulation applies shall be treated as incapable of work on any day in a period of incapacity for work on which he does any approved work in respect of which no payment in the nature of earnings is expected or made.
2
Subject to paragraph (3), this regulation applies to a person who is–
a
incapable of work or treated as incapable of work;
b
receiving a prescribed benefit; and
c
engaged in approved work on a trial basis.
3
Where a person to whom this regulation applies is determined to be capable of work, paragraph (1) shall cease to apply in his case.
4
In this regulation–
“approved work” means, in relation to a person, work arranged in writing by the Employment Service of the Department for Education and Employment with an employer in respect of him;
“a prescribed benefit” means any benefit, allowance or advantage under the Contributions and Benefits Act (other than statutory sick pay, statutory maternity pay or industrial injuries benefit) or the Jobseekers Act 1995, and for which entitlement is dependent on incapacity for work;
“trial basis” means such trial period and other related matters as may be agreed between the person, the Department for Education and Employment and an employer in relation to the approved work.
.
4
In paragraph (2) of regulation 16 (person who works to be treated as capable of work), for the words “Act)” there shall be substituted the words “Act or approved work under regulation 10A)”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
5
After regulation 4(2)(b) of the Social Security (Incapacity Benefit) Regulations 1994 (days not to be treated as days of incapacity for work), there shall be inserted the following sub-paragraph–
c
where, such payment as is made, is for the sole purpose of travelling or meal expenses incurred or to be incurred under the arrangement made under section 2(1) of the Employment and Training Act 1973 or section 2(3) of the Enterprise and New Towns (Scotland) Act 1990.
.
Amendment of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994
6
After regulation 9(2) of the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994 there shall be inserted the following paragraph–
2A
For the purposes of, and subject to, paragraph (1), where, on any day, an adult dependant is a person who does approved work on a trial basis within the meaning of regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in work trials to be treated as incapable of work), the beneficiary shall be treated as entitled to an increase under section 86A of the Contributions and Benefits Act .
.
Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
7
After regulation 7(1B) of the Social Security (Severe Disablement Allowance) Regulations 1984 (days for which persons are to be regarded as incapable of work for the purposes of severe disablement allowance) there shall be inserted the following paragraph–
1C
For the purposes of severe disablement allowance, a person shall be treated as incapable of work on any day where he is treated as incapable of work under regulation 10A of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons participating in approved work to be treated as incapable of work).
.
Amendment of the Social Security Benefit (Computation of Earnings) Regulations 1996
8
In regulation 4(2) of the Social Security Benefit (Computation of Earnings) Regulations 1996 (notional earnings) for the words from “ but this paragraph” to the end there shall be substituted–
but this paragraph shall not apply to a claimant–
who is engaged by a charitable or voluntary organisation or is a volunteer if the Secretary of State is satisfied in any of those cases that it is reasonable for him to provide his services free of charge; or
who is participating in an employment or training programme for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme; and for this purpose “ employment or training programme” has the meaning given in regulation 19(3) of the Jobseeker’s Allowance Regulations 1996 and “training allowance” has the meaning given in regulation 1(3) of those Regulations .
.
Signed by authority of the Secretary of State for Social Security who also concurs in the making of regulation 8.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
7th March 2000
Signed by
Greg Pope
Clive J. C. Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 5 and Transitional Provisions) Order 2000.
2
In this Order “ the Act ” means the Immigration and Asylum Act 1999.
Commencement of provisions
2
The provisions of the Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, 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 relating to Part IV of the Act
3
1
The new appeals provisions shall have effect from the relevant date as if:
a
any reference in them to Part IV of the Act (however expressed) included a reference to the existing appeals provisions;
b
the reference in paragraph 1(2) of Schedule 4 to the Act to “the regulations ” included a reference to regulations made under section 18 of the 1971 Act .
2
Paragraph 6 of Schedule 2 to the 1997 Act (as substituted by paragraph 129 of Schedule 14 to the Act) shall have effect from the relevant date as if the reference in it to section 2 of the 1997 Act included a reference to that section as it had effect immediately before the amendment made to it by paragraphs 119 and 120 of Schedule 14 to the Act came into force.
3
In this article:
“the 1971 Act” means the Immigration Act 1971 ;
“the 1997 Act” means the Special Immigration Appeals Commission Act 1997 ;
“the existing appeals provisions” means Part II of the 1971 Act, section 8 of, and Schedule 2 to, the Asylum and Immigration Act 1993 and section 3 of the Asylum and Immigration Act 1996 ;
“the new appeals provisions” means paragraphs 1, 3 and 4 of Schedule 4 to the Act, together with section 58(2) of the Act so far as it relates to those paragraphs ; and
“the relevant date” means 1st August 2000.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
22nd July 2000


text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2000 and shall come into force on 12th April 2000.
2
In this Scheme —
“the operative date” means 12th April 2000;
“the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 ; and
“lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme.
Amendment of article 5 of the principal Scheme
2
Paragraph (2) of article 5 of the principal Scheme (lesser incapacity allowances under scheme) shall be amended by substituting for the words “14th April 1999” the words “12th April 2000”.
Substitution of Schedule 1 to the principal Scheme
3
For Schedule 1 to the principal Scheme, Part I (table of rates of lesser incapacity allowance for beneficiaries to whom article 5(2) applies) and Part II (table of loss of earnings and corresponding rates of lesser incapacity allowance), there shall be substituted the Schedule set out in the Schedule to this Scheme.
Transitional provision relating to amount of allowance payable
4
1
Paragraph (2) of this article shall apply to a beneficiary who was, before the operative date, in receipt of a lesser incapacity allowance but in respect of whom the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made by that date.
2
In such a case as is referred to in paragraph (1) the beneficiary shall be treated as entitled, from the operative date, to an allowance at the rate to which he would have been entitled had the final calculation been made before the operative date.
Transitional provision relating to claims not made, or made but not determined, before the operative date
5
1
Paragraph (2) of this article shall apply to a person whose claim for lesser incapacity allowance —
a
was not made before the operative date and who is awarded such allowance for a period after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme as it will have effect after the operative date; or
b
was made but not determined before the operative date.
2
Any lesser incapacity allowance which is found to be payable to a person mentioned in paragraph (1) in respect of a period before the operative date shall be paid at the rate which would have been payable in respect of that period had the amendment to the principal Scheme made by article 3 of this Scheme not been made.
Transitional provision relating to revision and appeal
6
Where a lesser incapacity allowance has been awarded to a person under the principal Scheme before the operative date and a question arises as to the weekly rate of allowance payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
2nd March 2000
We consent,
Greg Pope
Bob Ainsworth
Two of the Lords' Commissionersof Her Majesty’s Treasury
7th March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) (Amendment) Regulations 2000 and shall come into force on 10th May 2000.
Amendments to regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991
2
1
Regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 shall be amended as follows.
2
After the definition of “employer” there shall be inserted the following definition —
“ex-spouse” has the meaning given by section 659D(1) of the Act;
.
3
After the definition of “pensioner trustee” there shall be inserted the following definition —
“pension sharing order or provision” means any such order or provision as is mentioned in section 28(1) of the Welfare Reform and Pensions Act 1999 or Article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 ;
.
4
For the definition of “scheme member” there shall be substituted the following definition —
“scheme member” in relation to a scheme means —
a member of the scheme to whom benefit is currently accruing as a result of service as an employee, or
a person who is an ex-spouse of a member of the scheme and whose rights under the scheme derive from a pension sharing order or provision;
.
5
In the definition of “small self-administered scheme” in sub-paragraph (c) after the words “scheme members” there shall be added the words “to whom benefits are currently accruing as a result of service as employees”.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
14th April 2000


text:
1
This Order may be cited as the Policyholders Protection Act 1997 (Commencement No. 2) Order 2000.
2
The following sections of the Policyholders Protection Act 1997 shall come into force on 23rd November 2000: —
a
section 4 (deferment of payment); and
b
section 5 (operation of the “cost test”).
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd November 2000


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design) (England) Order 2000 and shall come into force on 1st August 2000.
2
In this Order —
“The Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Art and Design” .
3
This Order applies only to pupils at:
a
any community, foundation or voluntary school; or
b
any community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Art) (England) Order 1998 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to Art and Design.
4
The examples [and other passages] printed in grey text within square brackets in the Document (which serve to illustrate the programmes of study described therein [or relate to background information]) do not form part of the provisions made by this Order.
Jacqui Smith
Parliamentary Under-Secretary of State,
Department for Education and Employment
13th June 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment No. 2) (England) Regulations 2000 and shall come into force on 3rd April 2000.
2
These Regulations extend to England only.
Amendments
2
1
In regulation 10(1) (the applicable amount) of the Housing Renewal Grants Regulations 1996 for sub-paragraph (b) substitute:
b
£50 or, where the application is for a disabled facilities grant to carry out works for the benefit of a disabled person who is a child or young person, £65.
.
Revocation
3
Regulations 7, 9 and 10 and 22(5) of the Housing Renewal Grants (Amendment) (England) Regulations 2000 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
24th March 2000
We consent to the making of these Regulations
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
28th March 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Highways Noise Payments and Movable Homes (England) Regulations 2000 and shall come into force on 23rd November 2000.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations:
“additional carriageway” means a carriageway constructed or proposed to be constructed for a highway beside, above, or below an existing carriageway;
“alteration” in relation to a highway means a change in the location, width or level of a carriageway comprised in that highway (otherwise than by resurfacing), and “alter” and “altered” shall be construed accordingly;
“the authority”, in relation to a highway or an additional carriageway, means the highway authority who constructed or propose to construct that highway or additional carriageway or who altered or propose to alter that highway, as the case may be;
“the commencement date” is the date that these Regulations come into force;
“ dB(A) ” is a measure of sound pressure level (“A” weighting) in decibels indicated by measuring equipment which complies with the British Standard Specification for a precision sound level meter published on 14th September 1967 under number B.S. 4197: 1967;
“eligible home” has the meaning assigned to it in regulation 6;
“houseboat” means a boat or similar structure designed or adapted for use as a place of permanent habitation;
“L10” is the sound level in dB(A) which is exceeded for one-tenth of a period of one hour;
“L10 (18-hour)” is the arithmetic mean of all levels of L10 during a period from 0600 to 2400 hours on a normal working day;
“movable home” means —
a caravan within the meaning (as defined in Part I) of the Caravan Sites and Control of Development Act 1960 and section 13 of the Caravan Sites Act 1968 , (disregarding the provisions of subsection (2) of section 13), or
a houseboat;
“noise payment” has the meaning assigned to it in regulation 3(5);
“prevailing level” means the level of noise, expressed as a level of L10 (18-hour), one metre in front of the most exposed part of the most exposed facade of a movable home caused or expected to be caused by traffic using any highway immediately before works for the construction of a highway or additional carriageway, or for the alteration of a highway, were begun;
“qualifying period” means —
for a claim for a noise payment under regulation 3(1),
if the relevant date falls on or after 25th September 1990 and more than three years before the commencement date the period of three years expiring on the commencement date,
if the relevant date falls not more than three years before or on or after the commencement date the period of three years from the relevant date, or
for a claim for a noise payment under regulation 3(3), the period commencing on a date one year before the start of the relevant works and ending on the date when the enjoyment of the movable home in question has been seriously adversely affected by noise caused by those works for six months;
“relevant highway” means —
a new highway, or
a highway which has been or is to be altered, or
a highway for which an additional carriageway has been or is to be constructed, if the new highway, the highway as so altered, or the additional carriageway (as the case may be) was first open to traffic on or after 25th September 1990;
“relevant date” means the date on which a highway or additional carriageway was first open to public traffic or, in the case of an altered highway, the date on which it was first open to public traffic after completion of the alteration;
“relevant noise level” means the level of noise, expressed as a level of L10 (18-hour), one metre in front of the most exposed part of the most exposed facade of a movable home caused or expected to be caused by traffic using or expected to use the highway in question;
“the relevant works” means the work or works to or for a relevant highway —
which cause or are expected to cause noise, or
following the completion of which the use of the relevant highway in question causes or is expected to cause noise;
“the 1988 Code ” means the advice and instruction contained in the technical memorandum entitled “Calculation of Road Traffic Noise” published by Her Majesty’s Stationery Office (1988).
Power to make noise payments
3
1
Where at any time on or after the commencement date the use of a relevant highway as a result of relevant works causes or is expected to cause noise at a level not less than the specified level, the authority shall make a payment under this regulation in relation to an eligible home if a claim for such a payment is made in accordance with regulations 7 and 8.
2
For the purposes of paragraph (1) of this regulation, the use of a relevant highway causes or is expected to cause noise at a level not less than the specified level if —
a
the relevant noise level exceeds the prevailing level by at least 1dB(A) and is not less than the specified level, and
b
noise caused or expected to be caused by traffic using or expected to use the relevant highway makes an effective contribution to the relevant noise level of at least 1dB(A).
3
Where at any time on or after the commencement date works for the construction of a highway or additional carriageway, or for the alteration of a highway, cause or are expected to cause noise at a level which, in the opinion of the authority, has had, is having, or will have a seriously adverse effect on the enjoyment of an eligible home adjacent to the site on which those works have been, are being or are to be carried out, the authority may make a payment under this regulation in relation to that home if a claim for such a payment is made in accordance with regulations 7 and 8.
4
Where a road becomes a highway maintainable at the public expense within the meaning of section 329(1) of the Highways Act 1980 within three years after the relevant date if the claim would have complied with the requirements of these Regulations had the highway been so maintainable at the relevant and commencement dates, the highway authority for the highway may make a payment under paragraph (1) or (3) above in relation to any movable home which would have been an eligible home if that highway had been so maintainable at the relevant date and the work of construction of that highway or an additional carriageway for it, or of alteration of it, had been carried out by a highway authority.
5
A payment under this regulation is referred to in these Regulations as a “noise payment”.
Calculation of noise levels
4
1
For the purposes of regulation 3 the relevant noise level, the prevailing level and the effective contribution to the relevant noise level made by noise caused or expected to be caused by traffic using or expected to use a highway shall be ascertained in accordance with the 1988 Code.
2
The authority for a relevant highway may prepare a map or list or both identifying each movable home which is or may be an eligible home for the purpose of these Regulations.
3
Any such list or map shall be deposited at the office of the authority or their agent nearest to the movable homes identified in it and shall be available for public inspection during normal office hours not later than six months after the relevant date.
Limitations on noise payments
5
1
The amount of a noise payment shall be £1,650.
2
Only one payment shall be made in respect of the same relevant works for a movable home in the same location or substantially the same location.
Eligible homes
6
1
Subject to paragraph (2) of this regulation, an eligible home is a movable home which throughout the qualifying period:
a
if it is a caravan, has been lawfully stationed on a protected site within the meaning of section 1(2) of the Caravan Sites Act 1968 ;
b
if it is a houseboat, has been lawfully moored or otherwise secured with such consent as may be necessary for the location in question from the navigation authority, harbour undertaking or canal undertaking responsible for the water in which it is located, and with the written consent of the person in possession of any land to which it is moored or secured;
c
has been located in such a position or positions that some part of it was not more than 300 metres from the nearest carriageway of a relevant highway after the construction of that highway or of an additional carriageway for it, or the alteration of that highway, as the case may be.
2
A movable home shall not be an eligible home if at any time during the qualifying period it was a motor vehicle within the meaning of section 185(1) of the Road Traffic Act 1988 , or a building or part of a building.
3
A movable home is not an eligible home if it was first occupied after the relevant date in the same or substantially the same location as that in respect of which a claim is made.
Classes of person entitled to make claims
7
A claim for a noise payment may only be made by a person who:
a
at the date of the claim does not have an interest which qualifies for compensation under Part I of the Land Compensation Act 1973 in the land on which the movable home in relation to which the noise payment is claimed is situated, or to which it is moored if it is a houseboat, and has not had any such interest at any time since the relevant date, and
b
has been in occupation of the movable home in relation to which the noise payment is claimed as his only or main residence throughout the qualifying period.
Procedure for making claims
8
1
A claim for a noise payment shall be in writing and may be made at any time during the period of six years commencing on the expiry of the qualifying period.
2
A claim for a noise payment shall state:
a
the full name and address of the claimant and of any person acting on the claimant’s behalf;
b
the address of the movable home in relation to which the claim is made;
c
particulars of the size and nature of construction of the movable home;
d
whether at the date of the claim the claimant is in occupation of the movable home as his only or main residence, and if so the date on which that occupation commenced;
e
particulars of the claimant’s interest in the movable home and the date on which and manner in which that interest was acquired;
f
particulars of the claimant’s interest (if any) in the land on which the movable home is situated or to which it is moored if it is a houseboat, and the date on which and manner in which that interest was acquired;
g
particulars so far as known to the claimant of any other interest, including the interest of any mortgagee, in the movable home or the land on which it is situated or to which it is moored if it is a houseboat;
h
the relevant date and particulars of the relevant works;
i
whether the claim is for a noise payment under regulation 3(1) or under regulation 3(3);
j
except where the claim is for a noise payment under regulation 3(1) only, particulars of the noise caused or expected to be caused by the relevant works and the times at which and period during which that noise is caused or expected to be caused,
and shall include a declaration by the claimant that the information given in the claim is correct to the best of the claimant’s knowledge.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd October 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Royal Ballet School) Regulations 2000 and shall come into force on 17th March 2000.
Payment of grant
2
The Secretary of State may on or before 31st March 2000 pay a grant of such amount as he may determine to the governors of the Royal Ballet School of 155 Talgarth Road, Barons Court, London W14 9DE (“the School”) in respect of expenditure to be incurred by them, on, or in connection with, the purchase, building and refurbishment of premises to accommodate the Upper Division of the School at a different site, or in connection with the transfer of that Division of the School to those premises.
Conditions of payment
3
The payment of grant under these Regulations shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where grant is paid under these Regulations the governors of the School shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums representing the value of the premises purchased with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
Estelle Morris
Minister of State,
Department for Education and Employment
24th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the County of Somerset (Electoral Changes) Order 2000.
2
This article and articles 2 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 3rd May 2001, on 10th October 2000;
b
for all other purposes, on 3rd May 2001.
3
Articles 3 and 4 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election of a parish councillor for the parish of Frome or Burnham-on-Sea and Highbridge on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“county” means the county of Somerset;
“existing”, in relation to a division or ward, means the division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
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 County of Somerset (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Divisions of the county of Somerset
2
1
The existing divisions of the county shall be abolished.
2
The county shall be divided into fifty-eight divisions which shall bear the names set out in column (1) of Schedule 1.
3
The divisions shall comprise the areas described in column (2) of that Schedule by reference to wards, wards and parishes, wards and parish wards or, where no area is so described, the area designated on the map by reference to the name of the division and demarcated by red lines; and the number of councillors to be elected for each division shall be one.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Frome
3
1
The existing wards of the parish of Frome shall be abolished.
2
The parish of Frome shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward or county division 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 Burnham-on-Sea and Highbridge
4
1
The existing wards of the parish of Burnham-on-Sea and Highbridge shall be abolished.
2
The parish of Burnham-on-Sea and Highbridge shall be divided into five parish wards which shall bear the names Burnham East, Burnham North, Burnham Central and South, Burnham West, and Highbridge; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Burnham North and Highbridge wards shall be six, for the Burnham Central and South ward shall be three, for the Burnham East ward shall be two, and for the Burnham West ward shall be one.
Revocation
5
The County of Somerset (Electoral Arrangements) Order 1980, article 3 of the District of Mendip (Electoral Changes) Order 1998 and article 3 of the District of Sedgemoor (Electoral Changes) Order 1998 are hereby revoked.
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
11th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Borough of Kensington and Chelsea (Electoral Changes) Order 2000.
2
This Order shall come into force–
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order–
“borough” means the Royal Borough of Kensington and Chelsea;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Royal Borough of Kensington and Chelsea (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the Royal Borough of Kensington and Chelsea
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The Royal Borough of Kensington and Chelsea (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th March 2000


text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000 and shall come into force on 22nd January 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 1998 Act ” means the Private Hire Vehicles (London) Act 1998;
“application” means an application for the grant or variation of a licence;
“business name” means a name which if used by a person for the purpose of carrying on business would make him subject to the Business Names Act 1985 ;
“CB apparatus” means wireless telegraphy apparatus known as “Citizens' Band” which is designed or adapted, or has facilities permitting its adaptation, for the purpose of transmitting spoken messages on the frequency band 26.1 MHz to 28 MHz;
“certificate of insurance” and “certificate of security” shall be construed in accordance with section 147 of the Road Traffic Act 1988 ;
“Community licence” and “Northern Ireland licence” have the same meanings as in section 108(1) of the Road Traffic Act 1988;
“driving licence” means a licence to drive a motor car granted under Part III of the Road Traffic Act 1988 (other than a provisional licence), or a licence authorising the driving of a motor car by virtue of section 99A(1) or 109(1) of that Act (Community licences and Northern Ireland licences);
“firm” has the same meaning as in section 4 of the Partnership Act 1890 ;
“licence” means a London PHV operator’s licence;
“licensing authority” means the person appointed under section 24(1) of the 1998 Act for the purpose of exercising the functions of the Secretary of State under that Act or, where no such appointment has been made, the Secretary of State ;
“ MOT test certificate” means, in relation to a vehicle to which section 47 of the Road Traffic Act 1998 applies, a test certificate issued in respect of the vehicle as mentioned in subsection (1) of that section;
“national insurance number” has the same meaning as in regulation 1(2) of the Social Security (Contributions) Regulations 1979 ;
“officer”, in relation to a body corporate, shall be construed in accordance with section 744 of the Companies Act 1985 ;
“operator” means a London PHV operator and in relation to a licence means the operator to whom the licence was granted;
“registered keeper” means, in relation to a vehicle, the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 ;
“registration mark” means, in relation to a vehicle, the mark assigned to the vehicle in accordance with section 23 of the Vehicle Excise and Registration Act 1994;
“variation” means a variation of a licence at the operator’s request under section 18 of the 1998 Act; and
“wireless telegraphy apparatus” shall be construed in accordance with section 19(1) of the Wireless Telegraphy Act 1949 .
PART II
APPLICATIONS
Manner of making applications
3
Every application shall —
a
be made on a form supplied by the licensing authority and include the information and declarations required by that form;
b
be signed —
i
if made by an individual, by that person,
ii
if made by a firm, by one of the partners of that firm with the authority of the others, or
iii
if made by any other body or group of persons, by one or more individual persons authorised for that purpose by the body or group; and
c
be accompanied by the appropriate fee prescribed by regulation 4.
Fees
4
The appropriate fee for the purpose of regulation 3 is —
a
£425 in the case of an application for the grant of a licence; and
b
£25 in the case of an application for the variation of a licence.
Determination of applications
5
1
If the licensing authority is satisfied that a licence may properly be —
a
granted for five years —
i
in the terms applied for; and
ii
without the need for any additional conditions other than those prescribed in regulation 9, or
b
varied in the terms applied for,
the authority shall approve the application and give the applicant notice of the decision.
2
If the authority is not so satisfied and decides —
a
to approve the application other than in the terms applied for;
b
in the case of an application for the grant of a licence, to approve the application on the basis that —
i
additional conditions shall be attached to the licence, or
ii
the licence shall be granted for a shorter period than five years; or
c
to refuse the application,
the authority shall give the applicant notice of the decision and the grounds for it.
PART III
LICENCES
Grant and variation
6
1
Where the decision has been made to approve an application in accordance with regulation 5(1) or 5(2)(a) or (b) the licensing authority shall, provided that any appropriate fee prescribed by regulation 7 is received within the period of 28 days commencing on the date specified in paragraph (2), grant or vary the licence, as the case may be, and send the licence or any replacement licence to the applicant.
2
The date referred to in paragraph (1) is —
a
the date of service of the notice given in accordance with regulation 5; or
b
where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
3
If any appropriate fee prescribed by regulation 7 is not received by the licensing authority in accordance with paragraph (1) the approval will lapse, the application will be deemed to have been withdrawn and the licensing authority shall be entitled to retain the fee accompanying it.
Fees
7
1
Subject to paragraph (2), for the purpose of regulation 6 the fee for the grant of a licence for a period of five years is £975.
2
Where an applicant for the grant of a licence meets the requirement set out in paragraph (3), he may elect that the amount of £375 shall be substituted for the amount of £975 referred to in paragraph (1).
3
The requirement referred to in paragraph (2) is that no more than two private hire vehicles will be available to the applicant for carrying out bookings accepted by him at all the operating centres which will be specified in his licence.
4
Subject to paragraphs (5) and (6), for the purpose of regulation 6 the fee for the grant of a licence for a period of less than five years is an amount equal to that proportion of the amount of £975 which the proposed period of the licence bears in relation to the period of five years.
5
Where an applicant for the grant of a licence meets the requirement set out in paragraph (3), he may elect that the amount of £375 shall be substituted for the amount of £975 referred to in paragraph (4).
6
Where the calculation of any fee in accordance with paragraph (4) would have the result that the amount payable would include a fraction of a pound then the amount payable shall be adjusted downwards to the nearest pound.
Refund of fees
8
1
Subject to paragraph (5), where the licensing authority is satisfied that —
a
an operator has ceased to operate from every operating centre specified in his licence, other than by reason of the suspension or revocation of that licence;
b
that operator has transferred some or all of his undertaking as an operator to another person, and
c
before the date of the transfer the transferee has been granted a new licence in relation to any operating centre specified in the transferor’s licence,
the licensing authority shall, upon receipt of a written request for a refund accompanied by the transferor’s licence, refund a proportion of the fee paid for the grant of that licence being an amount calculated in accordance with paragraph (3).
2
Subject to paragraph (5), where a licence has been granted following an election made under regulation 7(2) or (5) and before its expiry the operator has been granted a new licence in circumstances where he did not meet the requirement set out in regulation 7(3) in relation to all of the operating centres to be specified in that licence, the licensing authority shall, upon receipt of a written request for a refund accompanied by the first mentioned licence, refund a proportion of the fee paid for the grant of that licence being an amount calculated in accordance with paragraph (3).
3
Subject to paragraph (4), the amount referred to in paragraphs (1) and (2) shall be that proportion of the fee which the number of full years remaining on the licence bears to the period for which the licence was granted, the number of full years being calculated from the date of receipt by the licensing authority of both the request for a refund and the licence.
4
Where the calculation in accordance with paragraph (3) would have the result that the amount refundable would include a fraction of a pound then the amount refundable shall be adjusted downwards to the nearest pound.
5
Where a proportion of the fee paid for the grant of a licence is refunded in accordance with paragraph (1) or (2), that licence shall cease to have effect.
Conditions
9
1
Every licence shall be granted subject to the conditions set out in the following provisions of this regulation.
2
In respect of any operating centre specified in the licence which is accessible to members of the public, the operator shall maintain in force a policy of insurance against public liability risks which provides a minimum indemnity of £5,000,000 in respect of any one event.
3
The operator shall, if required to do so by a person making a private hire booking —
a
agree the fare for the journey booked, or
b
provide an estimate of that fare.
4
If, during the currency of the licence —
a
any conviction is recorded —
i
where the operator is an individual, against him,
ii
where the operator is a firm, against any partner of that firm, or
iii
where the operator is another type of body or group of persons, against that body or group or any officer of that body or group;
b
any information provided in the application for the grant of the licence, or for any variation thereof, changes; or
c
any driver ceases to be available to the operator for carrying out bookings, by virtue of that drivers’s unsatisfactory conduct in connection with the driving of a private hire vehicle,
the operator shall, within 14 days of the date of such event, give the licensing authority notice containing details of the conviction or change, as the case may be, or, in a case falling within sub-paragraph (c), the name of the driver and the circumstances of the case.
5
No CB apparatus shall be used in connection with a private hire booking at any operating centre specified in the licence or in any private hire vehicle available for carrying out bookings accepted at any such operating centre.
6
The operator shall preserve records in accordance with regulation 16(1)(a) and (b).
7
The operator shall establish and maintain a procedure for dealing with —
a
complaints, and
b
lost property,
arising in connection with any private hire booking accepted by him and shall keep and preserve records in accordance with regulations 14, 15 and 16(1)(c).
8
Where an operator provides a London cab for the purpose of carrying out a private hire booking, any fare payable in respect of the booking shall be calculated as if the vehicle was a private hire vehicle unless the fare shown on the taximeter is less.
9
In the case of a licence granted following an election made under regulation 7(2) or (5), the operator must, during the currency of the licence, continue to meet the requirement that no more than two private hire vehicles are available to him for carrying out bookings accepted by him at all the operating centres specified in his licence.
PART IV
RECORDS
Form of record of private hire bookings
10
The record which an operator is required to keep by virtue of section 4(3)(b) of the 1998 Act at each operating centre specified in his licence of the private hire bookings accepted by him there shall be kept —
a
in writing, or
b
in such other form that the information contained in it can easily be reduced to writing.
Particulars of private hire bookings
11
Before the commencement of each journey booked at an operating centre specified in his licence an operator shall enter the following particulars of the booking in the record referred to in regulation 10 —
a
the date on which the booking is made and, if different, the date of the proposed journey;
b
the name of the person for whom the booking is made or other identification of him, or, if more than one person, the name or other identification of one of them;
c
the agreed time and place of collection, or, if more than one, the agreed time and place of the first;
d
the main destination specified at the time of the booking;
e
any fare or estimated fare quoted;
f
the name of the driver carrying out the booking or other identification of him;
g
if applicable, the name of the other operator to whom the booking has been sub-contracted, and
h
the registered number of the vehicle to be used or such other means of identifying it as may be adopted.
Particulars of private hire vehicles
12
1
For the purposes of section 4(3)(d) of the 1998 Act, an operator shall keep at each operating centre specified in his licence a record, containing the particulars set out in paragraph (2), of each private hire vehicle which is available to him for carrying out bookings accepted by him at that centre.
2
In relation to each vehicle the particulars referred to in paragraph (1) are —
a
the make, model and colour;
b
the registration mark;
c
the name and address of the registered keeper;
d
in the case of a vehicle to which section 47 of the Road Traffic Act 1988 applies, a copy of the current MOT test certificate;
e
a copy of the current certificate of insurance or certificate of security;
f
the date on which the vehicle became available to the operator and
g
the date on which the vehicle ceased to be so available.
Particulars of drivers
13
1
For the purposes of section 4(3)(d) of the 1998 Act, an operator shall keep at each operating centre specified in his licence a record, containing the particulars set out in paragraph (2), of each driver who is available to him for carrying out bookings accepted by him at that centre.
2
In relation to each driver the particulars referred to in paragraph (1) are —
a
his surname, forenames, address and date of birth;
b
his national insurance number;
c
a photocopy of his driving licence;
d
a photograph of him;
e
the date on which he became available to the operator, and
f
the date on which he ceased to be so available.
Record of complaints
14
1
An operator shall keep at each operating centre specified in his licence a record containing —
a
the particulars set out in paragraph (2) of any complaint made in respect of a private hire booking accepted by him at that centre; and
b
the particulars set out in paragraph (2)(d), (e), and (f) of any other complaint made in respect of his undertaking as an operator at that centre.
2
In relation to each complaint the particulars referred to in paragraph (1) are —
a
the date of the related booking;
b
the name of the driver who carried out the booking;
c
the registration mark of the vehicle used;
d
the name of the complainant and any address, telephone number or other contact details provided by him;
e
the nature of the complaint, and
f
details of any investigation carried out and subsequent action taken as a result.
Record of lost property
15
1
An operator shall keep at each operating centre specified in his licence a record, containing the particulars set out in paragraph (2), of any lost property found —
a
at that centre, or
b
in any private hire vehicle used to carry out a booking accepted by him there.
2
In relation to each item of lost property the particulars referred to in paragraph (1) are —
a
the date on which it was found;
b
the place where it was found and if it was found in a vehicle, the registration mark of that vehicle;
c
a description of the item;
d
evidence to show that, where practical, an attempt was made to return the item to the owner and whether or not this was successful, and
e
in the case of any unclaimed item which has been disposed of, how it was disposed of.
3
An operator shall keep at each operating centre specified in his licence a record, containing the particulars set out in paragraph (4), of any property reported to him at that centre as having been lost.
4
In relation to each item of property reported as having been lost the particulars referred to in paragraph (3) are —
a
the date of the report;
b
the date on which it is alleged to have been lost;
c
the place where it is alleged to have been lost;
d
a description of the item, and
e
evidence to show that, where practical, an attempt was made to find the item.
Preservation of records
16
1
Subject to paragraph (3), an operator shall preserve the particulars of —
a
each private hire booking recorded in accordance with regulation 11 for six months from the date on which the booking was accepted;
b
each private hire vehicle and driver recorded in accordance with regulations 12 and 13 for twelve months from the date on which the vehicle or, as the case may be, the driver ceased to be available for carrying out bookings;
c
each complaint and item of lost property recorded in accordance with regulations 14 and 15 for six months from the date on which they were entered in the respective record.
2
Where an operator tape-records a private hire booking he shall preserve the tape-recording of that conversation for a period of six months.
3
For the purpose of section 4(4) of the 1998 Act, if an operator ceases to use an operating centre specified in his licence, he shall, in relation to that operating centre, preserve —
a
the record referred to in regulation 10 for six months; and
b
the records kept in accordance with regulations 12 and 13 for twelve months,
from the date of the last entry.
PART V
OTHER MATTERS
Register of licences
17
1
The register maintained by the licensing authority in relation to each licence issued under the 1998 Act shall contain, in addition to the matters set out in section 23(1)(a) of that Act, the further particulars set out in paragraph (2).
2
In relation to each licence the further particulars referred to in paragraph (1) are —
a
the address of each operating centre specified in the licence; and
b
an indication that it is current, suspended or revoked.
Issue of replacement licences
18
1
Subject to paragraph (2), where an operator notifies the licensing authority that —
a
he has adopted, altered or dispensed with a business name;
b
he has changed his name; or
c
his licence has been lost, destroyed or defaced,
the licensing authority shall issue a replacement licence.
2
Except where a licence has been lost or destroyed, no replacement shall be issued until the original licence has been returned to the licensing authority.
Continuance of licence on death, bankruptcy etc
19
1
This regulation applies in relation to a licence granted in the sole name of an individual in the event of —
a
the death of that individual;
b
the bankruptcy of that individual; or
c
that individual becoming a patient under Part VII of the Mental Health Act 1983 .
2
After the happening of the event mentioned in paragraph (1)(a) the licensing authority may direct that the licence shall not be treated as terminated when the individual died but suspended until the date when a direction under paragraph (3) comes into force.
3
After the happening of any of the events mentioned in paragraph (1) the licensing authority may direct that a person carrying on the business of the operator is to be treated for the purposes of the 1998 Act as if he were the operator for such purpose and to such extent as is specified in the direction for a period not exceeding —
a
six months from the date of the coming into force of that direction; or
b
if less, the remainder of the period of the licence.
Transitional provisions
20
1
Subject to paragraph (2), where an application is received by the licensing authority before 22nd August 2001 but no determination under regulation 5 has been made in relation to that application before 22nd October 2001, the licensing authority shall —
a
issue the applicant with a temporary permit, in the terms applied for, to make provision for the invitation or acceptance of, or accept, private hire bookings, or
b
make a temporary variation of the applicant’s licence in the terms applied for,
which shall have effect from the latter date as if it were a licence granted or, as the case may be, variation made under the 1998 Act.
2
Any temporary permit issued or variation made under paragraph (1) shall, unless the permit or, as the case may be, the licence to which the variation applies, has already been suspended or revoked under the 1998 Act, cease to have effect for the purposes of that Act —
a
on the grant or variation of a licence pursuant to the outstanding application; or
b
where no such licence is granted or varied, on the expiry of the period of 28 days commencing on the date specified in paragraph (3).
3
The date referred to in paragraph (2)(b) is —
a
the date of service of the notice given in accordance with regulation 5 of a decision in relation to the outstanding application; or
b
where an appeal is brought against that decision, the date of disposal or withdrawal of that appeal.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th November 2000


text:
1
This Order may be cited as the Criminal Justice Act 1993 (Extension of Group A Offences) Order 2000 and shall come into force on 1st August 2000.
2
At the end of section 1(2)(c) of the 1993 Act (offences under the Forgery and Counterfeiting Act 1981 which are Group A offences to which Part I of the 1993 Act applies) there shall be added: —
section 14 (offences of counterfeiting notes and coins);
section 15 (offences of passing etc counterfeit notes and coins);
section 16 (offences involving the custody or control of counterfeit notes and coins);
section 17 (offences involving the making or custody or control of counterfeiting materials and implements);
section 20 (prohibition of importation of counterfeit notes and coins);
section 21 (prohibition of exportation of counterfeit notes and coins);
.
Jack Straw
Minister of State
Home Office
13th July 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment) (England) Regulations 2000 and shall come into force on 1st September 2000.
2
These Regulations shall apply only in relation to England.
Amendment of the Education (Fees and Awards) Regulations 1997
2
1
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
2
In regulation 2(1) for the definition of “relevant date” there shall be substituted —
“relevant date” has the meaning assigned to it in regulations 4, 5, 6, 6A and 7.
3
In regulation 2(5) for “regulations 6 and 7” there shall be substituted “ regulations 6, 6A and 7”.
4
After regulation 6, there shall be inserted the following regulation —
Payments by the Teacher Training Agency and eligible institutions
6A
1
It shall be lawful for the Teacher Training Agency established under section 1 of the Education Act 1994 to adopt rules of eligibility for awards (however described) in respect of a student’s training as a teacher by an institution to which it makes grants, loans or other payments for that purpose under section 5 of the Education Act 1994 which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
2
It shall be lawful for an eligible institution within the meaning of section 4(2) of the Education Act 1994 to which grants, loans or other payments are made by the Teacher Training Agency for the purpose described in paragraph (1) above to adopt rules of eligibility for awards (however described) which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
3
For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
9th August 2000


text:
Citation, commencement and extent
1
These regulations, which extend to England only, may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2000 and shall come into force–
a
for the purposes of regulation 4, on 31st January 2000, and
b
for all other purposes, on 3rd July 2000.
Amendment of principal regulations
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 are amended as provided below.
Supply of information by Greater London Authority
3
Regulation 5 is amended by–
a
the insertion at the end of paragraph (1) of the following–
d
the Greater London Authority shall, subject to paragraphs (5) to (7), when it issues a precept as so mentioned, supply the billing authority with the information specified in paragraph (4A).
; and
b
the insertion after paragraph (4) of the following–
4A
The information is information, as regarding the Authority and the precept concerned, as to–
a
the estimates mentioned in paragraphs 1A, 8A and 10 of Part I of Schedule 3,
b
the matters mentioned in paragraphs 4, 5A, 6A and 9 of that Part, and
c
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and the information as to whether any of it was treated as special expenses of the Authority.
.
Matters to be contained in council tax demand notices
4
In paragraph 6 of Schedule 1, there is substituted for sub-paragraph (1)(c)(iii)–
iii
stated, in the case of each major precepting authority which has issued a precept to the billing authority in accordance with section 40 of the Act, as the amount calculated in accordance with section 47 of the Act, or, in the case of the Greater London Authority, in accordance with sections 88 and 89 of the Greater London Authority Act 1999
.
Information accompanying council tax demand notices
5
In Part I (information to be supplied) of Schedule 3–
a
in paragraph 1, after “relevant precepting authority” there is inserted “ except the Greater London Authority”;
b
the following is inserted after paragraph 1–
1A
In relation to a London billing authority, the estimate, for the relevant year and the preceding year, made by the Greater London Authority (“the Authority”) of the aggregate of gross expenditure of each constituent body, and–
a
the gross expenditure for each class of service administered by each constituent body; and
b
an estimate of the income of each constituent body in respect of each class of service administered by that body, being income arising from fees, charges or any source other than grants, council tax or non-domestic rates;
together with the consolidated gross expenditure of the Authority in respect of those years.
;
c
after paragraph 3(1) there is inserted–
1A
In the case of a demand notice issued in respect of a dwelling in Greater London, a statement to the effect that–
a
the amount of the Greater London Authority precept in respect of the City does not include any amount in respect of police services, and
b
the amount of that precept in respect of all other areas of Greater London includes amounts in respect both of police services and of other services.
d
after paragraph 4(a) there is added–
aa
(in relation to a London billing authority) the amounts calculated under section 85(3) and (8) (component and consolidated budget requirements of the Greater London Authority) of the 1999 Act ;
;
e
in paragraph 4(b), for the words from “and (iv) police grant” to the end there is substituted–
iv
police grant under section 46 of the Police Act 1996 , and in relation to a London billing authority–
v
general GLA grant under section 100 of the 1999 Act;
vi
GLA transport grant under section 101 of the 1999 Act;
vii
grants payable for the purposes of the London Development Agency under section 10 of the Regional Development Agencies Act 1998 .
;
f
for paragraph (ii) of paragraph 4(c) there is substituted–
ii
the amount calculated by it for that year as the amount–
a
for item P in section 33(1) of the Act;
b
for item P in section 44(1) of the Act, or
c
the aggregate of items P1 and P2 in sections 88 and 89 of the 1999 Act,
as the case may be.
;
g
in paragraph 5, after “relevant major precepting authority” there is inserted “except the Greater London Authority”; and after that paragraph there is inserted–
5A
In relation to each London billing authority, a statement by the Greater London Authority of each amount calculated under section 85(3) and (8) of the 1999 Act in respect of the preceding year.
;
h
in paragraph 6 after “relevant major precepting authority” there is inserted “(except the Greater London Authority)”, and after that paragraph there is inserted–
6A
In relation to a London billing authority, a statement of the extent which, in the opinion of the Greater London Authority, any difference in–
a
the amounts mentioned in paragraph 4(aa) (component budget requirements) in relation to the constituent bodies, and
b
the corresponding amount mentioned in paragraph 5A
is attributable to each of the matters mentioned in sub-paragraphs (a) to (d) of paragraph 6.
;
i
in paragraph 8, after “major precepting authority” there is inserted “ except the Greater London Authority”; and after that paragraph there is inserted–
8A
In the case of a London billing authority, a statement of the amount estimated in relation to each constituent body by the Greater London Authority as the amount equal to the liabilities of each such body immediately before the first day of the year preceding the relevant year, in respect of loans to or borrowing (or money borrowed) by that body.
;
j
for paragraph 9 there is substituted–
9
A general indication of–
a
the extent (if any) to which the amount estimated by the billing authority or the major precepting authority, as the case may be, pursuant to paragraph 8 or paragraph 8A is recoverable from any other billing authority or major precepting authority;
b
the amount (if any) payable by–
i
the billing authority,
ii
each relevant major precepting authority other than the Greater London Authority, and
iii
in the case of a London billing authority, by each constituent body of the Greater London Authority
to any other billing authority or other major precepting authority, in connection with any such liability of that other authority as is mentioned in paragraph 8 or, as the case may be, paragraph 8A.
;
k
in paragraph 10, after “employed by it” there is inserted “or, in the case of the Greater London Authority, by each constituent body”.
Interpretation of information requirements
6
In Part III (interpretation, etc. ) of Schedule 3–
a
in paragraph 1(b), after “that Part”, there is inserted “in relation to any authority or body except the Greater London Authority”;
b
at the end of paragraph 1 there is added–
c
the classes of services administered by each constituent body by reference to which estimates of gross expenditure are to be given under paragraph 1A of that Part are as follows–
i
in relation to the Greater London Authority–
a
planning;
b
all other services;
ii
in relation to Transport for London–
a
highways and road traffic;
b
railways other than the Docklands Light Railway;
c
the Docklands Light Railway;
d
bus services;
e
other services;
iii
in relation to the London Development Agency–
a
economic development and regeneration;
b
other services;
iv
in relation to the Metropolitan Police Authority, police;
v
in relation to the London Fire and Emergency Planning Authority–
a
fire;
b
other services;
c
in paragraph 2, for “paragraphs 1, 2, 6, 7 and 10” there is substituted “ paragraphs 1, 1A, 2, 6, 6A, 7 and 10”;
d
in paragraph 2(b) and paragraph 5(1), at the end there is added “or section 85 of the 1999 Act”;
e
in paragraph 8, before the definition of “relevant levying body” there is inserted–
“the 1999 Act” means the Greater London Authority Act 1999;
“constituent body” has the same meaning as in section 85(3) of the 1999 Act;
“functional body” has the meaning given by section 424 of the 1999 Act;
“London billing authority” means the council of a London borough and the Common Council;
.
Signed by 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
6th January 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Benefit (General) Amendment Regulations 2000 and shall come into force —
a
for the purposes of regulations 6 and 7(c), on 6th April 2001;
b
for all other purposes, on 20th November 2000.
2
In these Regulations, “the principal Regulations ” means the Child Benefit (General) Regulations 1976 .
Amendment of regulation 1(2) of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definitions —
“the Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the 1989 Act ” means the Children Act 1989 ;
“the 1995 Act ” means the Children (Scotland) Act 1995 ;
;
b
for the words ““youth training scheme”” there shall be substituted the words ““relevant training scheme”” and that definition shall be inserted after the definition of “full-time education”.
Substitution of regulation 3 of the principal Regulations
3
For regulation 3 of the principal Regulations there shall be substituted the following regulation —
Child in residential accommodation in prescribed circumstances
3
1
The prescribed circumstances for the purposes of section 143(3)(c) of the Benefits Act (absence of child disregarded if in residential accommodation pursuant to certain provisions) are any circumstances in which a child is in residential accommodation pursuant to arrangements made under —
a
where the child has attained the age of 18, section 21 of the National Assistance Act 1948 or under section 12 of the Social Work (Scotland) Act 1968 ; or
b
the provisions specified in paragraph (2),
and such accommodation has been provided solely on account of that child’s disability or because his health would be likely to be significantly impaired, or further impaired, unless such accommodation was provided.
2
The provisions specified for the purposes of paragraph (1)(b) are —
a
the National Health Service (Scotland) Act 1978 ;
b
the Education (Scotland) Act 1980 ;
c
the Mental Health (Scotland) Act 1984 ;
d
the 1989 Act;
e
the 1995 Act.
.
Amendment of regulation 6 of the principal Regulations
4
In regulation 6(2)(a) of the principal Regulations (interruption of full-time education), for the words “the youth training scheme” there shall be substituted the words “a relevant training scheme”.
Substitution of regulation 7B of the principal Regulations
5
For regulation 7B of the principal Regulations there shall be substituted the following regulation —
Child receiving training under a relevant training scheme
7B
Child benefit shall not be payable by virtue of section 142(1)(b) of the Benefits Act in respect of a child aged 16 or over for any week —
a
in which training for that child is being provided under a relevant training scheme; and
b
in respect of which an allowance may be paid under such a scheme to that child.
.
Substitution of regulation 7C of the principal Regulations
6
For regulation 7C of the principal Regulations there shall be substituted the following regulation —
Child receiving income support, income-based jobseeker’s allowance or incapacity benefit
7C
Child benefit shall not be payable in respect of a child by virtue of section 142(1)(c) of the Benefits Act for any week in respect of which that child receives —
a
income support;
b
an income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 ; or
c
incapacity benefit by virtue of being a person to whom section 30A(1)(b) of the Benefits Act applies.
.
Amendment of regulation 7D of the principal Regulations
7
In regulation 7D of the principal Regulations (circumstances in which a person who has ceased to receive full-time education is to be treated as a child) —
a
in both paragraphs (1)(a) and (3)(a), for the words “the youth training scheme” there shall be substituted the words “a relevant training scheme”;
b
in paragraph (1)(a), for heads (iii) and (iv) there shall be substituted the following heads —
iii
in England and Wales, a person with whom the Secretary of State or, as the case may be, the National Assembly for Wales, has made arrangements under section 10(1) of the Employment and Training Act 1973 , or a local education authority to whom a direction has been given by the Secretary of State or the National Assembly for Wales under section 10(2) of that Act;
iv
in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment and Training Act 1973, or an education authority to whom a direction has been given by the Scottish Ministers under section 10(2) of that Act;
;
c
at the end of paragraph (3)(b), there shall be inserted the words “or to incapacity benefit by virtue of being a person to whom section 30A(1)(b) of the Benefits Act applies”.
Amendment of regulation 16 of the principal Regulations
8
1
Regulation 16 of the principal Regulations (children in detention, care etc. ) shall be amended in accordance with the following paragraphs of this regulation.
2
For paragraph (5) there shall be substituted the following paragraphs —
5
Subject to paragraph (5A), for the purposes of paragraph 1(c) of Schedule 9 to the Benefits Act (child in care of a local authority in such circumstances as may be prescribed), the prescribed circumstances are that the child is provided with, or placed in, accommodation under Part III of the 1989 Act or under Part II of the 1995 Act and the cost of that child’s accommodation or maintenance is borne wholly or partly out of local authority funds or any other public funds.
5A
Paragraph (5) shall only apply to the extent that the child is not in residential accommodation in the circumstances prescribed in regulation 3.
.
3
For paragraphs (8) and (9) there shall be substituted the following paragraphs —
8
For any day in any week in which a child is placed by a local authority in the home of any person in accordance with the provisions of —
a
the Arrangements for Placement of Children (General) Regulations 1991 ;
b
the Arrangements to Look After Children (Scotland) Regulations 1996 ;
c
the Foster Placement (Children) Regulations 1991 ;
d
the Fostering of Children (Scotland) Regulations 1996 ,
and that local authority is making a payment in respect of either the child’s accommodation or maintenance or both under section 23 of the 1989 Act or under section 26 of the 1995 Act, paragraph (6) shall not apply to that person in relation to that child.
9
Paragraph (6) shall not apply in respect of any child who —
a
is being looked after by a local authority; and
b
has been placed for adoption by that authority in the home of a person proposing to adopt him,
provided that a local authority is making a payment in respect of either the child’s accommodation or maintenance or both under section 23 of the 1989 Act or under section 26 of the 1995 Act.
.
Amendment of regulation 17 of the principal Regulations
9
In regulation 17 of the principal Regulations (right to benefit of voluntary organisations) —
a
for paragraph (1)(b) there shall be substituted the following sub-paragraph —
b
placed by the voluntary organisation in the home of any person in accordance with the provisions of the Foster Placement (Children) Regulations 1991 or the Fostering of Children (Scotland) Regulations 1996.
;
b
for paragraph (4)(a) there shall be substituted the following sub-paragraph —
a
that child is in residential accommodation in the circumstances prescribed in regulation 3; or
.
Signed by authority of the Secretary of State for Social Security.
P. Hollis,
Parliamentary Under-Secretary of State,
Department of Social Security
23rd October 2000