type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Local Authorities (Armorial Bearings) Order 2001 and shall come into force on 12th April 2001.
2
The armorial bearings which, immediately before 1st April 1974, were lawfully borne and used by the council named in column (1) of the following Table may be borne and used by the corresponding council named in column (2) of the Table, provided they have first been exemplified according to the laws of arms and recorded in the College of Arms —
Table
(1) (2)
Pickering Urban District Council Pickering Town Council The corporation of the Borough of Sudbury Sudbury Town Council
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Ipswich (Electoral Changes) Order 2001.
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 the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Ipswich;
“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 for Transport, Local Government and the Regions marked “Map of the Borough of Ipswich (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Ipswich
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names Alexandra, Bixley, Bridge, Castle Hill, Gainsborough, Gipping, Holywells, Priory Heath, Rushmere, St John's, St Margaret's, Sprites, Stoke Park, Westgate, Whitehouse and Whitton.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be 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.
Elections of the council of Ipswich
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 for each ward one shall retire in 2003, one in 2004 and one in 2006.
5
Of the councillors elected in 2002 for each ward —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Ipswich (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001


text:
1
This Order may be cited as the Education (Chief Inspector of Schools in England) Order 2001 and shall come into force on 30th November 2001.
2
Michael John Tomlinson is hereby re-appointed Her Majesty’s Chief Inspector of Schools in England for the period from 1st December 2001 until 30th April 2002.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 4) Order 2001 and shall come into force on 25th October 2001.
2
This Order extends to England only .
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State for Transport, Local Government and the Regions to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England:
Liverpool Direct Limited ;
Schools PBS Limited ; and
Tynedale Housing Limited .
Restrictions on agreements — Liverpool Direct Limited
3
Agreements which may be entered into by Liverpool Direct Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services to it by Liverpool City Council; and
b
that any such agreements are made in connection with the provision of business services including telecommunication and information communication technology, in the area of Liverpool City Council.
Restriction on agreements — Schools PBS Limited
4
Agreements which may be entered into by Schools PBS Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services to it by Kirklees Metropolitan Borough Council; and
b
that any such agreements are made in connection with the provision of facilities management services for local education authority maintained schools , in the area of Kirklees Metropolitan Borough Council.
Restriction on agreements — Tynedale Housing Limited
5
Agreements which may be entered into by Tynedale Housing Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the provision of administrative, professional or technical services to it by Tynedale District Council; and
b
that any such agreements are made in connection with the provision of housing management services, in the area of Tynedale District Council.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001


text:
1
This Order may be cited as the Education (Funding for Teacher Training) Designation Order 2001 and shall come into force on 11th October 2001.
2
The institutions and bodies referred to in the Schedule are hereby designated as institutions eligible for funding under Part I of the Education Act 1994.
Stephen Timms
Minister of State,
Department for Education and Skills
20th September 2001


text:
PART I
GENERAL
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security (Breach of Community Order) Regulations 2001 and shall come into force on 15th October 2001.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Child Support, Pensions and Social Security Act 2000;
“the Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the Jobseekers Act ” means the Jobseekers Act 1995 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 ;
“offender” means the person in respect of whom a court has made a determination in accordance with section 62(1)(a) of the Act;
“prescribed period” means the period in respect of which the restrictions on payment of a relevant benefit apply in accordance with sections 62 and 63 of the Act and shall be interpreted in accordance with regulation 3.
3
Expressions used in these Regulations which are defined either for the purposes of the Jobseekers Act or for the purposes of the Jobseeker’s Allowance Regulations shall, except where the context otherwise requires, have the same meaning as for the purposes of that Act or, as the case may be, those Regulations.
4
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Description of a prescribed payment for the purposes of section 62(8) of the Act and the extent to which it is payable in accordance with section 62(5) of the Act
2
1
A prescribed payment for the purposes of paragraph (d) of the definition of “relevant benefit” in section 62(8) of the Act is a payment of a training allowance made to an individual pursuant to arrangements under section 2 of the Employment and Training Act 1973 in respect of that individual’s participation in —
a
the programme known as Work-Based Learning for Adults;
b
one of the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations or the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
c
the Intensive Activity Period within the meaning of regulation 75(1)(a)(iv) of those Regulations ; or
d
the Intensive Activity Period for 50 plus as defined in regulation 1(3) of those Regulations .
2
In accordance with section 62(5) of the Act, where section 62(2) of the Act applies, the payment prescribed in paragraph (1) shall be payable for the prescribed period only to the extent of any part of that payment that is within the meaning of —
a
sub-paragraph (a), (b), (c) or (d) of paragraph 14 of Schedule 7 to the Jobseeker’s Allowance Regulations ; or
b
paragraph 60 of Schedule 7 to those Regulations .
Prescribed period
3
1
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(2) of the Act applying in respect of a jobseeker’s allowance, the prescribed period shall be —
a
where the offender was entitled to a jobseeker’s allowance on the examination day, the period of four weeks commencing on the operative day;
b
where the offender claims a jobseeker’s allowance after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the offender is entitled to a jobseeker’s allowance and ending on the last day of the benefit week which ends on, or immediately before, the final day.
2
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(2) of the Act applying in respect of a payment prescribed in regulation 2, the prescribed period shall be the period of four weeks commencing on the operative day.
3
Subject to paragraphs (5) and (6), in relation to a restriction under section 62(3) of the Act (income support), the prescribed period shall be —
a
where the offender was entitled to income support on the examination day, the period of four weeks commencing on the operative day;
b
where the offender claims income support after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the offender is entitled to income support and ending on the last day of the benefit week which ends on, or immediately before, the final day.
4
Subject to paragraphs (5) and (6), in relation to a restriction under section 63(1) of the Act (joint-claim jobseeker’s allowance), the prescribed period shall be —
a
where a joint-claim couple of which at least one member is an offender is entitled to a joint-claim jobseeker’s allowance on the examination day, the period of four weeks commencing on the operative day;
b
where an offender is a member of a joint-claim couple which claims a joint-claim jobseeker’s allowance after the examination day but before the final day, the period commencing on the first day of the first benefit week after the examination day on which the joint-claim couple is entitled to a joint-claim jobseeker’s allowance and ending on the last day of the benefit week which ends on, or immediately before, the final day.
5
Where the offender is aged 17 on the examination day but attains the age of 18 before the last day of the period prescribed in paragraphs (1) to (4), the prescribed period shall be the period commencing on the first day of the benefit week commencing immediately after the day on which the offender attains the age of 18 and ending on the last day of the period prescribed in paragraphs (1) to (4).
6
Where the offender is aged 59 on the examination day but attains the age of 60 before the final day, the prescribed period shall be the period commencing on the first day of the period prescribed in paragraphs (1) to (4) and ending on the last day of the benefit week ending immediately before the day on which the offender attains the age of 60.
7
In this regulation —
“benefit week” —
in relation to income support, shall have the same meaning as in regulation 2(1) of the Income Support Regulations ;
in relation to a jobseeker’s allowance, shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations ;
in relation to a payment referred to in regulation 2, means —
where the offender is also entitled to income support on the examination day, the relevant benefit week under (a) above;
where the offender is also entitled to a jobseeker’s allowance on the examination day, the relevant benefit week under (b) above;
where the offender is in receipt of such a payment on the examination day but is not entitled to, or in receipt of, income support or jobseeker’s allowance on that day, the period of seven days ending on the day which corresponds with the day of the week which is the last day of the period in respect of which that payment is made;
“the examination day” means the day on which the Secretary of State, pursuant to a notification made to him that a determination has been made as mentioned in section 62(1)(a) of the Act, examines his records to ascertain whether the offender is, on that day, entitled to a relevant benefit or whether he is a member of a joint-claim couple who are, on that day, entitled to a joint-claim jobseeker’s allowance;
“the final day” means the day before the day which is four weeks after the examination day;
“the operative day” means the first day of the first benefit week following the date of the Secretary of State’s decision —
in relation to a relevant benefit, that that benefit shall not be payable or that it shall be reduced pursuant to section 62 of the Act;
in relation to a joint-claim jobseeker’s allowance, that that allowance shall not be payable or that it shall be reduced pursuant to section 63 of the Act.
PART II
REDUCED AMOUNTS
Reduction of income support
4
1
Subject to paragraphs (3) and (4), any payment of income support which falls to be made to an offender in respect of any week in the prescribed period shall be reduced —
a
where the offender or any other member of his family is pregnant or seriously ill, by a sum equal to 20%;
b
in any other case, by a sum equal to 40%,
of the relevant amount applicable on the first day of the prescribed period under paragraph 1(1) of Schedule 2 to the Income Support Regulations in respect of a single claimant for income support.
2
For the purposes of paragraph (1)(a), whether or not a person is a member of the offender’s family shall be determined in accordance with section 137(1) of the Benefits Act and Part III of the Income Support Regulations.
3
Payment shall not be reduced under paragraph (1) below 10 pence per week.
4
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
5
Where the rate of income support payable to an offender changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustment to the reduction shall take effect from the beginning of the first benefit week to commence for the offender following the change.
Reduction of joint-claim jobseeker’s allowance
5
1
In respect of any part of the prescribed period for which section 63(2) of the Act does not apply but subject to paragraph (2), the reduced rate of joint-claim jobseeker’s allowance payable to the member of that couple who is not the offender for the prescribed period shall be —
a
in any case in which the member of the couple who is not the offender satisfies the conditions set out in section 2 of the Jobseekers Act (contribution-based conditions), a rate equal to the amount calculated in accordance with section 4(1) of that Act;
b
in any case where the couple are a couple in hardship for the purposes of regulation 12, a rate equal to the amount calculated in accordance with regulation 17;
c
in any other case, a rate calculated in accordance with section 4(3A) of the Jobseekers Act save that the applicable amount shall be the amount determined by reference to paragraph 1(1) of Schedule 1 to the Jobseeker’s Allowance Regulations which would have been the applicable amount had the member of the couple who is not the offender been a single claimant.
2
Paragraph (1) shall only apply to the extent that the member of the joint-claim couple who is not the offender is not also subject to sanctions for the purposes of section 20A of the Jobseekers Act.
PART III
HARDSHIP
Meaning of “person in hardship”
6
1
In this Part of these Regulations, a “person in hardship” means, for the purposes of regulation 7, an offender, other than an offender to whom paragraph (3) or (4) applies where —
a
she is a single woman who is pregnant and in respect of whom the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;
b
he is a single person who is responsible for a young person, and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the young person will suffer hardship;
c
he is a member of a married or unmarried couple where —
i
the woman is pregnant; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;
d
he is a member of a polygamous marriage and —
i
one member of the marriage is pregnant; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, she will suffer hardship;
e
he is a member of a married or unmarried couple or of a polygamous marriage where —
i
one or both members of the couple, or one or more members of the polygamous marriage, are responsible for a child or young person; and
ii
the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the child or young person will suffer hardship;
f
he has an award of a jobseeker’s allowance which includes or would, if a claim for a jobseeker’s allowance from him were to succeed, have included in his applicable amount a disability premium and the Secretary of State is satisfied that, unless a jobseeker’s allowance is paid, the person who would satisfy the conditions of entitlement to that premium would suffer hardship;
g
he suffers, or his partner suffers, from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that —
i
the suffering has already lasted, or is likely to last, for not less than 26 weeks; and
ii
unless a jobseeker’s allowance is paid to the offender, the probability is that the health of the person suffering would, within 2 weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and that person would suffer hardship;
h
he does, or his partner does, or in the case of an offender who is married to more than one person under a law which permits polygamy, at least one of those persons does, devote a considerable portion of each week to caring for another person who —
i
is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act;
ii
has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or
iii
has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made, and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (5), in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a jobseeker’s allowance is paid to the offender;
i
he is a person or is the partner of a person to whom section 16 of the Jobseekers Act applies by virtue of a direction issued by the Secretary of State, except where the person to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;
j
he is a person —
i
to whom section 3(1)(f)(iii) of the Jobseekers Act (persons under the age of 18) applies, or is the partner of such a person; and
ii
in respect of whom the Secretary of State is satisfied that the person will, unless a jobseeker’s allowance is paid, suffer hardship; or
k
he is a person —
i
who, pursuant to the Children Act 1989 , was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice and assistance from a local authority,
but in respect of whom head (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which he complies with the requirements of regulation 9; and
iv
as at the date on which he complies with the requirements of regulation 9, is under the age of 21.
2
Except in a case to which paragraph (3) or (4) applies, an offender shall, for the purposes of regulation 8, be deemed to be a person in hardship where, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, the Secretary of State is satisfied that he or his partner will suffer hardship unless a jobseeker’s allowance is paid to him.
3
In paragraphs (1) and (2), the offender shall not be deemed to be a person in hardship —
a
where he is entitled, or his partner is entitled, to income support or where he or his partner fall within a category of persons prescribed for the purpose of section 124(1)(e) of the Benefits Act; or
b
during any period in respect of which it has been determined that a jobseeker’s allowance is not payable to him pursuant to section 19 of the Jobseekers Act (circumstances in which a jobseeker’s allowance is not payable).
4
Paragraph (1)(h) shall not apply in a case where the person being cared for resides in a residential care home or nursing home.
5
Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether the offender is a person in hardship are —
a
the presence in the offender’s family of a person who satisfies the requirements for a disability premium specified in paragraphs 13 and 14 of Schedule 1 to the Jobseeker’s Allowance Regulations or for a disabled child premium specified in paragraph 16 of that Schedule to those Regulations;
b
the resources which, without a jobseeker’s allowance, are likely to be available to the offender’s family, the amount by which these resources fall short of the amount applicable in his case in accordance with regulation 11 (applicable amount in hardship cases), the amount of any resources which may be available to members of the offender’s family from any person in the offender’s household who is not a member of his family, and the length of time for which those factors are likely to persist;
c
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the claimant or to a member of the offender’s family, or will be available at considerably reduced levels and the length of time those factors are likely to persist.
6
In determining the resources available to the offender’s family under paragraph (5)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 shall be disregarded.
Circumstances in which an income-based jobseeker’s allowance is payable to an offender who is a person in hardship
7
1
This regulation applies to a person in hardship within the meaning of regulation 6(1) and is subject to the provisions of regulations 9 and 10.
2
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 62(2) of the Act prevents payment of a jobseeker’s allowance to him but the allowance shall be payable only if and for so long as he satisfies the conditions for entitlement to an income-based jobseeker’s allowance.
Further circumstances in which an income-based jobseeker’s allowance is payable to an offender who is a person in hardship
8
1
This regulation applies to a person in hardship within the meaning of regulation 6(2) and is subject to the provisions of regulations 9 and 10.
2
An income-based jobseeker’s allowance shall be payable to a person in hardship even though section 62(2) of the Act prevents payment of a jobseeker’s allowance to him but the allowance —
a
shall not be payable under this paragraph in respect of the first 14 days of the prescribed period; and
b
shall be payable thereafter only if and for so long as he satisfies the conditions for entitlement to an income-based jobseeker’s allowance.
Conditions for payment of income-based jobseeker’s allowance
9
1
An income-based jobseeker’s allowance shall not be payable in accordance with regulation 7 or 8 except where the offender has —
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 6(1), or, as the case may be 6(2); and
b
signed the statement.
2
The completed and signed form shall be delivered by the offender to such office as the Secretary of State may specify.
Provision of information
10
For the purposes of section 62(4)(b) of the Act, the offender shall provide to the Secretary of State information as to the circumstances of the person alleged to be in hardship.
Applicable amount in hardship cases
11
1
The weekly applicable amount of a person to whom an income-based jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40% or, in a case where the offender or any other member of his family is either pregnant or seriously ill, 20% of the following amount —
a
where the offender is a single claimant aged not less than 18 but less than 25 or a member of a couple or polygamous marriage where one member is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage each other member, is a person under 18 who is not eligible for an income-based jobseeker’s allowance under section 3(1)(f)(iii) of the Jobseekers Act or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
where the offender is a single claimant aged not less than 25 or a member of a couple or a polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
PART IV
HARDSHIP FOR JOINT-CLAIM COUPLES
Meaning of “couple in hardship”
12
1
In this Part of these Regulations, a “couple in hardship” means, for the purposes of regulation 13, a joint-claim couple, other than a couple to whom paragraph (3) or (4) applies, who are claiming a joint-claim jobseeker’s allowance jointly where at least one member of that couple is an offender and where —
a
the woman member of the joint-claim couple is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;
b
one or both members of the couple are members of a polygamous marriage, one member of the marriage is pregnant and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, she will suffer hardship;
c
the award of a joint-claim jobseeker’s allowance includes, or would, if a claim for a jobseeker’s allowance from the couple were to succeed, have included in their applicable amount a disability premium and the Secretary of State is satisfied that, unless a joint-claim jobseeker’s allowance is paid, the member of the couple who would have caused the disability premium to be applicable to the couple would suffer hardship;
d
either member of the couple suffers from a chronic medical condition which results in functional capacity being limited or restricted by physical impairment and the Secretary of State is satisfied that —
i
the suffering has already lasted or is likely to last, for not less than 26 weeks; and
ii
unless a joint-claim jobseeker’s allowance is paid, the probability is that the health of the person suffering would, within two weeks of the Secretary of State making his decision, decline further than that of a normally healthy adult and the member of the couple who suffers from that condition would suffer hardship;
e
either member of the couple, or where a member of that couple is married to more than one person under a law which permits polygamy, one member of that marriage, devotes a considerable portion of each week to caring for another person who —
i
is in receipt of an attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act;
ii
has claimed either attendance allowance or disability living allowance, but only for so long as the claim has not been determined, or for 26 weeks from the date of claiming, whichever is the earlier; or
iii
has claimed either attendance allowance or disability living allowance and has an award of either attendance allowance or the care component of disability living allowance at one of the two higher rates prescribed under section 72(4) of the Benefits Act for a period commencing after the date on which that claim was made, and the Secretary of State is satisfied, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, that the person providing the care will not be able to continue doing so unless a joint-claim jobseeker’s allowance is paid; or
f
section 16 of the Jobseekers Act applies to either member of the couple by virtue of a direction issued by the Secretary of State, except where the member of the joint-claim couple to whom the direction applies does not satisfy the requirements of section 1(2)(a) to (c) of that Act;
g
section 3A(1)(e)(ii) of the Jobseekers Act (member of joint-claim couple under the age of 18) applies to either member of the couple and the Secretary of State is satisfied that unless a joint-claim jobseeker’s allowance is paid, the couple will suffer hardship; or
h
one or both members of the couple is a person —
i
who, pursuant to the Children Act 1989 , was being looked after by a local authority;
ii
with whom the local authority had a duty, pursuant to that Act, to take reasonable steps to keep in touch; or
iii
who, pursuant to that Act, qualified for advice or assistance from a local authority,
but in respect of whom head (i), (ii) or, as the case may be, (iii) above had not applied for a period of three years or less as at the date on which the requirements of regulation 16 are complied with; and
iv
as at the date on which the requirements of regulation 16 are complied with, that member is, or both of those members are, under the age of 21.
2
Except in a case to which paragraph (3) or (4) applies, a joint-claim couple shall, for the purposes of regulation 14, be deemed to be a couple in hardship where the Secretary of State is satisfied, after taking account of the factors set out in paragraph (5) in so far as they are appropriate to the particular circumstances of the case, that the couple will suffer hardship unless a joint-claim jobseeker’s allowance is paid.
3
In paragraph (1) and (2), a joint-claim couple shall not be deemed to be a couple in hardship —
a
where one member of the couple is entitled to income support or falls within a category of persons prescribed for the purposes of section 124(1)(e) of the Benefits Act; or
b
during a period in respect of which it has been determined that both members of the couple are subject to sanctions for the purposes of section 20A of the Jobseekers Act (denial or reduction of joint-claim jobseeker’s allowance).
4
Paragraph (1)(e) shall not apply in a case where the person being cared for resides in a residential care or nursing home.
5
Factors which, for the purposes of paragraphs (1) and (2), the Secretary of State is to take into account in determining whether a joint-claim couple will suffer hardship are —
a
the presence in the joint-claim couple of a person who satisfies the requirements for a disability premium specified in paragraphs 20H and 20I of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
the resources which, without a joint-claim jobseeker’s allowance, are likely to be available to the joint-claim couple, the amount by which these resources fall short of the amount applicable in their case in accordance with regulation 17 (applicable amount in hardship cases for joint-claim couples), the amount of any resources which may be available to the joint-claim couple from any person in the couple’s household who is not a member of the family and the length of time for which those factors are likely to persist;
c
whether there is a substantial risk that essential items, including food, clothing, heating and accommodation, will cease to be available to the joint-claim couple, or will be available at considerably reduced levels, the hardship that will result and the length of time those factors are likely to persist.
6
In determining the resources available to the offender’s family under paragraph (5)(b), any training premium or top-up payment paid pursuant to the Employment and Training Act 1973 shall be disregarded.
Circumstances in which a joint-claim jobseeker’s allowance is payable where a joint-claim couple is a couple in hardship
13
1
This regulation applies where a joint-claim couple is a couple in hardship within the meaning of regulation 12(1) and is subject to the provisions of regulations 15 and 16.
2
A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 63(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to the couple or section 63(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to the couple but the allowance shall be payable only if and for so long as —
a
the joint-claim couple satisfy the other conditions of entitlement to a joint-claim jobseeker’s allowance; or
b
one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).
Further circumstances in which a joint-claim jobseeker’s allowance is payable to a couple in hardship
14
1
This regulation applies to a couple in hardship falling within regulation 12(2) and is subject to the provisions of regulations 15 and 16.
2
A joint-claim jobseeker’s allowance shall be payable to a couple in hardship even though section 63(2) of the Act prevents payment of a joint-claim jobseeker’s allowance to them or section 63(3) of the Act reduces the amount of a joint-claim jobseeker’s allowance payable to them but the allowance —
a
shall not be payable under this paragraph in respect of the first 14 days of the prescribed period; and
b
shall be payable thereafter only if and for so long as the conditions of entitlement to a joint-claim jobseeker’s allowance are satisfied or where one member satisfies those conditions and the other member comes within any paragraph in Schedule A1 to the Jobseeker’s Allowance Regulations (categories of members not required to satisfy conditions in section 1(2B)(b) of the Jobseekers Act).
Conditions for payment of a joint-claim jobseeker’s allowance
15
1
A joint-claim jobseeker’s allowance shall not be payable in accordance with regulation 13 or 14 except where either member of the couple has —
a
furnished on a form approved for the purpose by the Secretary of State or in such other form as he may in any particular case approve, a statement of the circumstances he relies upon to establish entitlement under regulation 12(1) or, as the case may be 12(2); and
b
signed the statement.
2
The completed and signed form shall be delivered by a member of the couple to such office as the Secretary of State may specify.
Provision of information
16
For the purposes of section 63(4)(b) of the Act, a member of the couple shall provide to the Secretary of State information as to the circumstances of the alleged hardship of the couple.
Applicable amount of joint-claim couple in hardship cases
17
1
The weekly applicable amount of a couple to whom a joint-claim jobseeker’s allowance is payable in accordance with this Part shall be reduced by a sum equivalent to 40% or, in a case where a member of the joint-claim couple is either pregnant or seriously ill or where a member of the joint-claim couple is a member of a polygamous marriage and one of those members is either pregnant or seriously ill, 20% of the following amount —
a
where one member of the joint-claim couple or of the polygamous marriage is aged not less than 18 but less than 25 and the other member or, in the case of a polygamous marriage, each other member, is a person under 18 to whom section 3A(1)(e)(ii) of the Jobseekers Act appllies or is not subject to a direction under section 16 of that Act, the amount specified in paragraph 1(1)(d) of Schedule 1 to the Jobseeker’s Allowance Regulations;
b
where one member of the joint-claim couple or of the polygamous marriage (other than a member of a couple or polygamous marriage to whom sub-paragraph (a) applies) at least one of whom is aged not less than 18, the amount specified in paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations.
2
A reduction under paragraph (1) shall, if it is not a multiple of 5p, be rounded to the nearest such multiple or, if it is a multiple of 2.5p but not of 5p, to the next lower multiple of 5p.
PART V
INFORMATION
Notification at the time of the laying of the information
18
As soon as practicable after an information has been laid in England and Wales which could result in a determination the making of which would result in the imposition by or under one or both of sections 62 and 63 of the Act of any restrictions, the chief officer of the local probation board or other person acting on his behalf shall notify the Secretary of State in writing of —
a
the full name, address and date of birth of the person to whom the information relates;
b
the Probation Service Offender Reference Number relating to that person;
c
the date on which a court imposed the requirement to comply with the requirements of the relevant community order in respect of which the information was laid; and
d
the court at which it will be determined whether or not there has been a failure, without reasonable excuse, to comply with the requirements of a relevant community order.
Notification at the time of making the determination
19
As soon as practicable after a court has determined that there has been a failure, without reasonable excuse, to comply with the requirements of a relevant community order, the chief officer of the local probation board or other person acting on his behalf shall notify the Secretary of State in writing of —
a
the full name, address and date of birth of the person to whom the determination relates;
b
the Probation Service Offender Reference Number relating to that person; and
c
the date on which, and the place at which, the court determined that there had been a failure, without reasonable excuse, to comply with the requirements of a relevant community order.
Notification where determination is set aside
20
As soon as practicable after a court has quashed or set aside a determination by that or any other court that there has been a failure, without reasonable excuse, to comply with the requirements of a relevant community order, the chief officer of the local probation board or other person acting on his behalf shall notify the Secretary of State in writing of —
a
the full name, address and date of birth of the person to whom the determination relates;
b
the date on which, and the place at which, a court had determined that there had been a failure, without reasonable excuse, to comply with the requirements of a relevant community order;
c
the Probation Service Offender Reference Number relating to that person; and
d
the date on which, and the place at which, that or any other court quashed or set aside the determination that there had been a failure, without reasonable excuse, to comply with the requirements of a relevant community order.
Use or supply of information for other purposes
21
Information relating to community orders or social security which is either held by the Secretary of State as at the date on which these Regulations come into force or which subsequently comes into existence, may be used or supplied by the Secretary of State, in so far as it relates to sections 62 to 65 of the Act, for the purposes of research, monitoring or evaluation or for the purpose of maintaining statistics.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
5th April 2001


text:
1
This Instrument may be cited as The Kingston upon Hull City Council (Millennium Bridge) Scheme 2000 Confirmation Instrument 2001 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Kingston upon Hull City Council (Millennium Bridge) Scheme 2000 (“the Scheme”) is hereby confirmed with modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plans) and copies of the Scheme with its accompanying plans as modified are deposited at the offices of the Department of the Environment, Transport and the Regions, Floor 13 (IMD), Ashdown House, St. Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of the Kingston upon Hull City Council, The Guildhall, Alfred Gelder Street, Kingston upon Hull, HU1 2AA.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Jim Darlington
Regional Director Government Office for the North East
23rd April 2001


text:
1
These Regulations may be cited as the Certificates of Arrest and Surrender (Royal Navy) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In regulation 3(2) of the Certificates of Arrest and Surrender (Royal Navy) Regulations 1972 , for the word “clerk”, where it first occurs, there shall be substituted the words “proper officer”.
John Spellar
Minister of State, Ministry of Defence
20th March 2001


text:
1
This Order may be cited as the Drug Abstinence Order (Responsible Officer) Order 2001 and shall come into force on 2nd July 2001.
2
Officers of local probation boards (within the meaning of section 4(4) of the Criminal Justice and Court Services Act 2000 ) are hereby specified for the purposes of section 58A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 as persons who may be made responsible for the supervision of offenders subject to drug abstinence orders.
Charles Clarke
Minister of State
Home Office
9th May 2001


text:
1
These Regulations may be cited as the Value Added Tax (Amendment) (No.3) Regulations 2001 and come into force on 1st January 2002.
2
The Value Added Tax Regulations 1995 are amended as follows.
3
In Schedule 1, for forms numbered 1 and 2 substitute respectively forms numbered 1 and 2 in the Schedule to these Regulations.
New King’s Beam House 22 Upper Ground London SE1 9PJ
Martin Brown
Commissioner of Customs and Excise
27th November 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
Amendment of the National Health Service (Dental Charges) Regulations 1989
2
In regulation 4 of the National Health Service (Dental Charges) Regulations 1989 (calculation of charges), in paragraph (5), for “£354” in both places where it occurs there shall be substituted “£360”.
Revocation
3
The National Health Service (Dental Charges) Amendment Regulations 2000 are hereby revoked.
Transitional provisions
4
Where, on or after 1st April 2001, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, regulation 4(5) of the National Health Service (Dental Charges) Regulations 1989 shall have effect in respect of that supply or other provision as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hunt
Department of Health
15th March 2001


text:
Citation and commencement
1
This Order may be cited as the Solihull Healthcare National Health Service Trust (Dissolution) Order 2000 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
The Solihull Healthcare National Health Service Trust established by the Solihull Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
26th January 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Amendment No. 2) (England) Regulations 2001 and shall come into force on 27th July 2001.
2
These Regulations extend to England only.
Amendments
2
1
In the Form set out in the Schedule to the Relocation Grants (Form of Application) Regulations 1996 —
2
after question 4.34A , insert —
4.34B
Please give details of any vCJD trust payment made to you, your partner or a member of your family or any payment made to you, your partner or a member of your family by another person or from another person’s estate which was made from a vCJD trust payment received by that other person. Note 50E
;
3
after note 50D, insert —
50E
A vCJD trust payment is a payment made, from trusts set up by the Department of Health, to those who contracted variant Creutzfeldt-Jakob disease (vCJD) and their immediate families.
For the purpose of deciding whether someone is a member of your family, “family” means:
a married or unmarried couple;
a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person;
a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or young person.
A payment made to the victim of vCJD or the victim’s partner or surviving partner is disregarded for that person’s lifetime.
A payment made to the parent of a vCJD victim, regardless of the age of the victim, or to a person who is or was acting in the place of a parent of a dependent child victim, is disregarded for 2 years from the date the payment was made to them.
Payments made to dependent children or young persons are disregarded for the period from the date of payment until the day before they leave full time education or the day before their 19th birthday or for 2 years from the date of payment, whichever is the latest date.
Application
3
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Lord Falconer of Thoroton QC
Minister of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation and commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Educational Institutions and Health Sector Bodies) Order 2001 and shall come into force on 30th April 2001.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Immigration and Asylum Act 1999; and
“students' union” means —
in England, Wales and Scotland, a students' union within the meaning of Part II of the Education Act 1994 , and
in Northern Ireland, a body listed in Schedule 1 to this Order.
Exemption of educational institutions
3
Section 84(1) of the Act (provision of immigration services) shall not apply to an educational institution described in Schedule 2 to this Order, or to a person employed by or on behalf of such an institution when acting as such, or to a students' union promoting the general interests of its members as students at such an institution or representing the generality of students at such an institution, or to a person employed by or on behalf of such a students' union when acting as such.
Exemption of health sector bodies
4
Section 84(1) of the Act (provision of immigration services) shall not apply to a health sector body described in Schedule 3 to this Order, or to a person employed by or on behalf of such a body when acting as such.
Barbara Roche
Minister of State
Home Office
5th April 2001


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


text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Official Listing of Securities) Regulations 2001 and come into force on the day on which section 74(1) comes into force.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“competent authority” is to be construed in accordance with section 72;
“the Financial Promotion Order ” means the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 ;
“issuer” has the same meaning as is given, for the purposes of section 103(1), in regulation 4 below;
“non-listing prospectus” has the meaning given in section 87(2); and
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
2
Any reference in these Regulations to a section or Schedule is, unless otherwise stated or unless the context otherwise requires, a reference to that section of or Schedule to the Act.
PART 2
MISCELLANEOUS MATTERS PRESCRIBED FOR THE PURPOSES OF PART VI OF THE ACT
Bodies whose securities may not be listed
3
For the purposes of section 75(3) (which provides that no application for listing may be entertained in respect of securities issued by a body of a prescribed kind) there are prescribed the following kinds of body —
a
a private company within the meaning of section 1(3) of the Companies Act 1985 or article 12(3) of the Companies (Northern Ireland) Order 1986 ;
b
an old public company within the meaning of section 1 of the Companies Consolidation (Consequential Provisions) Act 1985 or article 3 of the Companies Consolidation (Consequential Provisions) (Northern Ireland) Order 1986 .
Meaning of “issuer”
4
1
For the purposes of section 103(1), “issuer” has the meaning given in this regulation.
2
In relation to certificates or other instruments falling within article 80 of the Regulated Activities Order (certificates representing certain securities), “issuer” means —
a
for the purposes of paragraph 16 of Schedule 11 (exemption from prospectus requirement for securities issued by a body corporate and offered to qualifying persons), the person by whom the certificates or instruments have been or are to be issued;
b
for all other purposes, the person who issued or is to issue the securities to which the certificates or instruments relate.
3
In relation to any other securities, “issuer” means the person by whom the securities have been or are to be issued.
Meaning of “approved exchange”
5
For the purposes of paragraph 9 of Schedule 10 , “approved exchange” means a recognised investment exchange approved by the Treasury for the purposes of the Public Offers of Securities Regulations 1995 (either generally or in relation to dealings in securities).
PART 3
PERSONS RESPONSIBLE FOR LISTING PARTICULARS, PROSPECTUSES AND NON-LISTING PROSPECTUSES
Responsibility for listing particulars
6
1
Subject to the following provisions of this Part, for the purposes of Part VI of the Act the persons responsible for listing particulars (including supplementary listing particulars) are —
a
the issuer of the securities to which the particulars relate;
b
where the issuer is a body corporate, each person who is a director of that body at the time when the particulars are submitted to the competent authority;
c
where the issuer is a body corporate, each person who has authorised himself to be named, and is named, in the particulars as a director or as having agreed to become a director of that body either immediately or at a future time;
d
each person who accepts, and is stated in the particulars as accepting, responsibility for the particulars;
e
each person not falling within any of the foregoing sub-paragraphs who has authorised the contents of the particulars.
2
A person is not to be treated as responsible for any particulars by virtue of paragraph (1)(b) above if they are published without his knowledge or consent and on becoming aware of their publication he forthwith gives reasonable public notice that they were published without his knowledge or consent.
3
When accepting responsibility for particulars under paragraph (1)(d) above or authorising their contents under paragraph (1)(e) above, a person may state that he does so only in relation to certain specified parts of the particulars, or only in certain specified respects, and in such a case he is responsible under paragraph (1)(d) or (e) above —
a
only to the extent specified; and
b
only if the material in question is included in (or substantially in) the form and context to which he has agreed.
4
Nothing in this regulation is to be construed as making a person responsible for any particulars by reason of giving advice as to their contents in a professional capacity.
5
Where by virtue of this regulation the issuer of any shares pays or is liable to pay compensation under section 90 for loss suffered in respect of shares for which a person has subscribed no account is to be taken of that liability or payment in determining any question as to the amount paid on subscription for those shares or as to the amount paid up or deemed to be paid up on them.
Securities issued in connection with takeovers and mergers
7
1
This regulation applies where —
a
listing particulars relate to securities which are to be issued in connection with —
i
an offer by the issuer (or by a wholly-owned subsidiary of the issuer) for securities issued by another person (“A”);
ii
an agreement for the acquisition by the issuer (or by a wholly-owned subsidiary of the issuer) of securities issued by another person (“A”); or
iii
any arrangement whereby the whole of the undertaking of another person (“A”) is to become the undertaking of the issuer (or of a wholly-owned subsidiary of the issuer, or of a body corporate which will become such a subsidiary by virtue of the arrangement); and
b
each of the specified persons is responsible by virtue of regulation 6(1)(d) above for any part (“the relevant part”) of the particulars relating to A or to the securities or undertaking to which the offer, agreement or arrangement relates.
2
In paragraph (1)(b) above the “specified persons” are —
a
A; and
b
where A is a body corporate —
i
each person who is a director of A at the time when the particulars are submitted to the competent authority; and
ii
each other person who has authorised himself to be named, and is named, in the particulars as a director of A.
3
Where this regulation applies, no person is to be treated as responsible for the relevant part of the particulars under regulation 6(1)(a), (b) or (c) above but without prejudice to his being responsible under regulation 6(1)(d).
4
In this regulation —
a
“listing particulars” includes supplementary listing particulars; and
b
“wholly-owned subsidiary” is to be construed in accordance with section 736 of the Companies Act 1985 (and, in relation to an issuer which is not a body corporate, means a body corporate which would be a wholly-owned subsidiary of the issuer within the meaning of that section if the issuer were a body corporate).
Successor companies under legislation relating to electricity
8
1
Where —
a
the same document contains listing particulars relating to the securities of —
i
two or more successor companies within the meaning of Part II of the Electricity Act 1989 , or
ii
two or more successor companies within the meaning of Part III of the Electricity (Northern Ireland) Order 1992 ; and
b
the responsibility of any person for any information included in the document (“the relevant information”) is stated in the document to be confined to its inclusion as part of the particulars relating to the securities of any one of those companies,
that person is not to be treated as responsible, by virtue of regulation 6 above, for the relevant information in so far as it is stated in the document to form part of the particulars relating to the securities of any other of those companies.
2
“Listing particulars” includes supplementary listing particulars.
Specialist securities
9
1
This regulation applies where listing particulars relate to securities of a kind specified by listing rules for the purposes of section 82(1)(c), other than securities which are to be issued in the circumstances mentioned in regulation 7(1)(a) above.
2
No person is to be treated as responsible for the particulars under regulation 6(1)(a), (b) or (c) above but without prejudice to his being responsible under regulation 6(1)(d).
3
“Listing particulars” includes supplementary listing particulars.
Responsibility for prospectuses and non-listing prospectuses
10
1
This part of these Regulations applies in relation to a prospectus required by listing rules in accordance with section 84(1), or to a non-listing prospectus, as it applies in relation to listing particulars, but as if —
a
any reference to listing particulars were a reference to a prospectus and any reference to supplementary listing particulars were a reference to a supplementary prospectus; and
b
notwithstanding the definition of “issuer” given in regulation 2(1) above, any reference in this Part (other than in regulation 6(1)(b) or (c) or in paragraph (2) below) to the issuer of securities included a reference to the person offering or proposing to offer them.
2
In the application of regulation 6 above to a prospectus or non-listing prospectus in accordance with this regulation, a person is not responsible under regulation 6(1)(a) where —
a
he is not the issuer, but is making the offer in association with the issuer; and
b
the prospectus or supplementary prospectus was drawn up primarily by the issuer, or by one or more persons acting on behalf of the issuer.
PART 4
MATTERS PRESCRIBED FOR THE PURPOSES OF SCHEDULE 11 (OFFERS NOT TO BE TREATED AS PUBLIC OFFERS OF SECURITIES)
Offers of securities to “qualifying persons”: definitions
11
1
For the purposes of paragraph 16(3) of Schedule 11 (offers of securities to “qualifying persons”) and for the purposes of paragraph (2) below, a body corporate is “connected with” another body corporate if —
a
they are in the same group; or
b
one is entitled, either alone or with any other body corporate in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other body corporate or its holding company.
2
For the purposes of paragraph 16(4) of Schedule 11, “relevant trustee” means a person holding shares in or debentures of a body corporate as trustee, in pursuance of arrangements made by that body corporate (or by another body corporate connected with it) for the purpose of enabling or facilitating the holding of such shares or debentures by or for the benefit of qualifying persons (within the meaning of paragraph 16(2) of Schedule 11), or enabling or facilitating transactions in such shares or debentures between or for the benefit of such persons.
3
In paragraph (2) above, “shares” and “debentures” include —
a
any investment of the kind specified by article 76 of the Regulated Activities Order (shares) or article 77 of that Order (instruments creating or acknowledging indebtedeness);
b
any investment of the kind specified by article 79 or 80 of that Order (instruments giving entitlements to investments, and certificates representing certain securities) so far as relevant to articles 76 and 77; and
c
any investment of the kind specified by article 89 of that Order (rights to or interests in investments) so far as relevant to investments of the kind mentioned in sub-paragraph (a) or (b) above.
4
For the purposes of paragraph 16(4) of Schedule 11 and for the purposes of paragraph (1) above, “group”, in relation to a body corporate, means that body corporate, any other body corporate which is its holding company or subsidiary, and any other body corporate which is a subsidiary of that holding company, together with any body corporate in which a member of the group holds a qualifying capital interest.
5
In this regulation —
a
“equity share capital” is to be construed in accordance with section 744 of the Companies Act 1985 (or, in relation to a company registered in Northern Ireland, in accordance with article 2(3) of the Companies (Northern Ireland) Order 1986 );
b
“holding company” and “subsidiary” are to be construed in accordance with section 736 of the Companies Act 1985 (or, in relation to a company registered in Northern Ireland, in accordance with article 4 of the Companies (Northern Ireland) Order 1986 );
c
“qualifying capital interest”, in relation to a body corporate, means an interest, in relevant shares of the body corporate, which is held on a long-term basis for the purpose of securing a contribution to the holder’s own activities by the exercise of control or influence arising from that interest, and a holding of 20 per cent. or more of the nominal value of the relevant shares of a body corporate is to be presumed to be a qualifying capital interest unless the contrary is shown; and
d
“relevant shares”, in relation to a body corporate, means shares, comprised in the equity share capital of the body corporate, of a class carrying rights to vote in all circumstances at general meetings of the body.
Euro-securities: permitted advertisements
12
1
For the purposes of paragraph 20(2) of Schedule 11 (advertisements which may be issued in relation to offers of Euro-securities), there is prescribed any advertisement which is issued only to persons who are on reasonable grounds believed, by the person issuing the advertisement or causing it to be issued, to be permitted recipients.
2
A person is a permitted recipient for the purposes of paragraph (1) above if he is —
a
an investment professional within the meaning of article 19 of the Financial Promotion Order;
b
a person to whom paragraph (2) of article 47 of that Order (communications to persons in the business of disseminating information) applies by virtue of sub-paragraph (a) or (b) of that paragraph;
c
a person to whom paragraph (2) of article 49 of that Order (communications to high net worth companies, unincorporated associations etc. ) applies by virtue of any of sub-paragraphs (a) to (d) of that paragraph (read with paragraphs (5) to (7) of that article); or
d
a person who is a certified sophisticated investor within the meaning of article 50 of that Order in relation to investments of a description which includes the securities which are the subject of the offer.
3
For the purposes of paragraph (2)(a) above, article 19(5) of the Financial Promotion Order is to be read as if —
a
in sub-paragraph (b) for the words from “where” to the end there were substituted “who is exempt in relation to regulated activities of a kind which are capable of being carried on in relation to the investments of the kind to which the offer relates”;
b
in sub-paragraph (c)(i) for the words “the controlled activity to which the communication relates” there were substituted “a controlled activity, in relation to investments of that kind,”;
c
in sub-paragraph (e) for the words “communication is made” there were substituted “advertisement is issued”; and
d
after sub-paragraph (e) there were added —
f
a person with or for whom any credit institution or other financial institution through which the Euro-securities may be acquired pursuant to the offer has effected or arranged for the effecting of a transaction within the period of twelve months ending with the date on which the offer is first made.
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2001


text:
Citation and commencement
1
This Order may be cited as the Human Rights Act 1998 (Designated Derogation) Order 2001 and shall come into force on 13th November 2001.
Designation of proposed derogation
2
The proposed derogation by the United Kingdom from Article 5(1) of the Convention, set out in the Schedule to this Order, is hereby designated for the purposes of the 1998 Act in anticipation of the making by the United Kingdom of the proposed derogation.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
11th November 2001


text:
1
These Regulations may be cited as the Measuring Equipment (Cold-water Meters) (Amendment) Regulations 2001 and shall come into force on 28th September 2001.
2
The Measuring Equipment (Cold-water Meters) Regulations 1988 (“the principal Regulations”) are hereby amended in accordance with the following provisions of these Regulations.
3
In regulation 2 of the principal Regulations, within the definition of “quality system”, for the words “ BS 5750: Part 1: 1987 or BS 5750: Part 2: 1987” there shall be substituted the words “BS EN ISO 9001: 2000” .
4
In regulation 3 of the principal Regulations, for paragraphs (1) and (2) there shall be substituted the following paragraphs —
3
1
These Regulations apply to measuring equipment installed —
a
in England and Wales —
i
on or after 1st August 1988, where the equipment is installed compulsorily by or at the behest of the supplier of the water; and
ii
on or after 1st April 1989 in other cases; and
b
in Scotland on or after 28th September 2001,
for use for trade for measuring any supply of water to domestic premises; and such equipment is hereby prescribed for the purposes of section 11(1) of the Act.
2
In paragraph (1) above, “domestic premises” means premises which are used for the purposes of living accommodation and such premises shall be “domestic premises” notwithstanding the fact that the premises are used for other purposes as well as living accommodation.
.
5
In regulation 7 of the principal Regulations —
a
in sub-paragraph 7(2)(d) for the words “clause 4.6 of BS 5750: Part 3: 1987” there shall be substituted the words “clause 7.6 of BS EN ISO 9001: 2000 ”; and
b
in paragraph 7(3) —
i
for the words “BS 6001: Part 1: 1972” there shall be substituted the words “BS 6001: Part 1: 1999 ”; and
ii
for the words “BS 6001: Part 2: 1984” there shall be substituted the words “BS 6001: Part 2: 1993 ”.
6
After regulation 7 of the principal Regulations there shall be inserted the following regulation —
Cold-water meters imported from another member State or an EEA State
7A
1
In relation to a cold-water meter imported into Great Britain from another member State or from an EEA State, subject to paragraph (4), below, an inspector shall not carry out any test in accordance with the foregoing provisions of these Regulations if, together with the cold-water meter being imported, he is presented with the requisite documentation.
2
In this regulation and in regulation 8(1A) below —
a
“requisite documentation” means —
i
the test report of an approved body that the cold-water meter which is the subject of that report has been tested on the same basis as that set out in these Regulations or on an equivalent basis and stating which tests have been applied to it; and
ii
the test results relating to those tests; and
b
“EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom; and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
3
A body is an “approved body” for the purposes of paragraph 2 if it is a body in a member State or in an EEA State which has the responsibility in that State for metrological control of cold-water meters or is a laboratory in a member State or in an EEA State which has been accredited in relation to cold-water meters as being a body which conforms with the criteria set out in EN 45001 or BS EN ISO 17025: 2000 .
4
Nothing in these Regulations shall prevent an inspector testing in accordance with the foregoing provisions of these Regulations where he is not satisfied —
a
as to the authenticity of the test report or the results presented to him; or
b
that the test results presented to him are results which in fact relate to the cold-water meter being imported; or
c
either —
i
that the cold-water meter being imported has not been dismantled after the tests to which the test report relates were carried out, or
ii
where the cold-water meter being imported has been dismantled after those tests were carried out, that any such dismantling is not likely to have affected its performance.
.
7
In regulation 8 of the principal Regulations —
a
at the beginning there shall be inserted the following heading —
“Passing as fit for use for trade”;
b
in paragraph (1), there shall be inserted at the beginning the words “Subject to paragraph (1A) below”; and
c
after paragraph (1), there shall be inserted the following paragraph —
1A
A cold-water meter imported from another member State or an EEA State shall not be passed as fit for use for trade unless —
a
where the requisite documentation is presented in accordance with regulation 7A above, the test report recites and the test data confirm to the satisfaction of the inspector that on testing in the relevant State it fell within the prescribed limits of error; and
b
it complies with all the relevant requirements of these Regulations.
.
8
In regulation 11(6) of the principal Regulations, for the words “or any day” to the end there shall be inserted the words
or, —
a
in England and Wales, any day which is a Bank Holiday in England and Wales under the Banking and Financial Dealings Act 1971 ; or
b
in Scotland, any day which is a Bank Holiday in Scotland under that Act.
.
Kim Howells,
Parliamentary Under-Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
27th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for St. Bartholomew’s Hospital (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the new trustees” means the trustees for the Barts and The London National Health Service Trust;
“the Special Trustees” means the Special Trustees for St. Bartholomew’s Hospital;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 27th February 2001.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Barts and The London National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th March 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the Highways Noise Payments and Movable Homes (England) (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
2
These Regulations extend to England only.
Definition of “specified level”
2
Regulation 2 of the Highways Noise Payments and Movable Homes (England) Regulations 2000 shall be amended by the addition in the appropriate place of the following words —
“specified level” means a noise level of L10 (18-hour) of 68 dB(A) .
Signed by 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
9th May 2001


text:
1
These Regulations may be cited as the Education Standards Fund (England) (Amendment) Regulations 2001 and shall come into force on 7th January 2002.
2
The Education Standards Fund (England) Regulations 2001 shall be amended as follows.
3
In regulation 5 for “5(a) and 6(a), (c) and (d)” there shall be substituted “ 5(a) and (c) and 6(a), (c) and (d)”.
4
In Schedule 1 the following sub-paragraph shall be inserted after sub-paragraph 5(b) —
c
Support for research projects aimed at investigating, developing and facilitating routes for teaching assistants to qualify as teachers.
.
Stephen Timms
Minister of State,
Department for Education and Skills
12th December 2001