type: legislation

jurisdiction: UK

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


text:
Citation and interpretation
1
1
This Order may be cited as the Social Security Act 1998 (Commencement No. 13) Order 2001.
2
In this Order the “ 1998 Act ” means the Social Security Act 1998.
Appointed day
2
The appointed day is 2nd July 2001 for the coming into force of —
a
paragraphs 79(2) and 80 of Schedule 7 to, and in so far as it relates to those paragraphs, section 86(1) of the 1998 Act;
b
in so far as it relates to housing benefit, paragraph 79(1)(b) of Schedule 7 to the 1998 Act and section 86(1) of that Act in so far as it relates to that paragraph; and
c
Schedule 8 to, and section 86(2) of the 1998 Act in respect of the repeal of —
i
section 6(1)(n) and (o) (council tax benefit) and
ii
section 5(1)(n) and (o) and (4) (housing benefit)
of the Social Security Administration Act 1992 .
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th June 2001


text:
Title and commencement
1
These Regulations may be cited as the Sheep Annual Premium (Amendment) Regulations 2001 and shall come into force on 1st March 2001.
Interpretation
2
In these Regulations —
“holding” means all the production units managed by a producer situated within the United Kingdom;
“the IACS Regulations ” means the Integrated Administration and Control System Regulations 1993 ;
“ the Minister ” means the Minister of Agriculture, Fisheries and Food;
“the principal Regulations ” means the Sheep Annual Premium Regulations 1992 ; and
“producer” means a producer as defined in Article 1 of Council Regulation ( EEC ) No. 3493/90 (laying down general rules for the grant of premium to sheepmeat and goatmeat producers) .
Amendment of the principal Regulations
3
1
In so far as they relate to a producer to a relevant extent, the principal Regulations shall be amended in accordance with the provisions of paragraphs (3) to (8) of this regulation.
2
In paragraph (1) above, “to a relevant extent” means to the extent that the Minister is the relevant competent authority for the purposes of the IACS Regulations in relation to the holding of the producer in question.
3
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “the Commission Regulation”, the words “as last amended by Commission Regulation ( EC ) No. 2721/2000 ” shall be substituted for the words “as last amended by Commission Regulation (EC) No. 1648/95 ”;
b
the following definition shall be substituted for the definition of “ the Council Regulation” —
“the Council Regulation” means Council Regulation (EC) No. 2467/98 on the common organisation of the market in sheepmeat and goatmeat , as amended by Council Regulation (EC) No. 1669/2000 ;
;
c
the following definition shall be inserted after the definition of “ the Council Regulation” —
“holding” means all the production units managed by a producer situated within the United Kingdom;
; and
d
in the definition of “marketing year”, the words “Article 3” shall be substituted for the words “Article 3(3)”.
4
In paragraph (3) of regulation 3 (application for premium), the words “ the Commission Regulation” shall be substituted for the words “Commission Regulation 3887/92”.
5
In paragraph (4) of regulation 3 —
a
sub-paragraph (a) shall be deleted;
b
in sub-paragraph (b), the words “as last amended by Commission Regulation (EC) No. 1410/1999 ” shall be substituted for the words “ as last amended by Commission Regulation (EC) No. 1526/96 ”;
c
in sub-paragraph (c), the words “as last amended by Council Regulation (EC) No. 193/98 ” shall be substituted for the words “ as last amended by Commission Regulation (EC) No. 40/96 ”; and
d
in sub-paragraph (d), the words “as last amended by Council Regulation (EC) No. 1593/2000 ” shall be substituted for the words “ as last amended by Council Regulation (EC) No. 2466/96 ”.
6
In regulation 5 (powers of authorised officers), the following paragraph shall be substituted for the existing paragraph (5)(a) —
a
require any producer or any employee, servant or agent of a producer to produce any record that producer is required to keep pursuant to regulation 8 and to supply such additional information in that person’s possession or under his control relating to an application for premium as the authorised officer may reasonably request;
.
7
After regulation 7, the following regulation shall be inserted —
Record keeping
8
1
Where at any time during a marketing year a producer fails to comply with the record keeping requirements of paragraphs (2) to (4) of this regulation, the Minister of Agriculture, Fisheries and Food may withhold or recover on demand the whole or any part of any premium payable or paid to the producer in respect of that marketing year.
2
On or before 31st January each year, the producer shall record the total number of female sheep on the holding on 1st January of that year which either were over 12 months old or had given birth, and the date the entry was made.
3
Without prejudice to the requirements of paragraph (2), within 14 days of any of the following events —
a
the intentional movement on or off the holding of female sheep which either were over 12 months old or had given birth;
b
a female sheep which has not given birth reaching the age of 12 months;
c
a sheep under 12 months old giving birth;
d
the discovery that a female sheep which either was over 12 months old or had given birth has been lost from the holding, either because it has died or because it is missing from the holding,
the producer shall record the total number of female sheep on the holding which have given birth or are over 12 months old, the date of the entry and the reasons that the total number of such sheep on the holding has changed.
4
All records under this regulation shall be retained by the producer for a period of four years.
.
8
Regulation 8A shall be deleted.
Amendment of the Sheep and Goats Identification (England) Order 2000
4
1
The Sheep and Goats Identification (England) Order 2000 shall be amended in accordance with the provisions of this regulation.
2
Article 5 shall be deleted.
3
In article 19 (Enforcement), the words “(other than article 5, which shall be enforced by the Minister)” shall be deleted.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
5th February 2001


text:
1
This Order may be cited as the Fur Farming (Prohibition) Act 2000 (Commencement) Order 2001.
2
Sections 1 to 4 of the Fur Farming (Prohibition) Act 2000 shall come into force on 1st January 2003.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
3rd December 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Day Care and Child Minding (Functions of Local Authorities: Information, Advice and Training) (England) Regulations 2001 and shall come into force on 1st September 2001.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations:
“ the Act ” means the Children Act 1989;
“child minder’s pre-registration briefing session” means an information session designed to enable any person who has expressed an interest in acting as a child minder to obtain a greater understanding of:
the requirements of the national standards;
the substance of the supporting criteria which relate to child minding;
the requirements of the Act which relate to child minding; and
the process by which application for registration for child minding under Part XA of the Act may be made;
“child minder’s pre-registration course” means a course designed to enable any child minder and any person who intends to act as a child minder to meet the requirements of the national standards and to have regard to the supporting criteria which relate to child minding;
“day care pre-registration briefing session” means an information session designed to enable any person who has expressed an interest in providing day care to obtain a greater understanding of:
the requirements of the national standards;
the substance of the supporting criteria which relate to the provision of day care;
the requirements of the Act which relate to the provision of day care; and
the process by which application for registration for the provision of day care under Part XA of the Act may be made;
“day care pre-registration course” means a course designed to enable any person who provides day care or intends to do so to meet the requirements of the national standards and to have regard to the supporting criteria applicable to the child care category into which that person falls and for the purposes of this paragraph “child care category” means each one of the five categories of day care and child minding set out in the documents listed in the Schedule to these Regulations;
“national standards” means the standards numbered 1 to 14 set out in each document listed in the Schedule to these Regulations;
“supporting criteria” means the criteria set out in respect of each national standard in each document listed in the Schedule to these Regulations.
Information and Advice
3
1
Each local authority shall secure the provision of information and advice about child minding and day care to persons who provide or assist in providing child minding or day care and to such other persons who in the opinion of the local authority have an interest in the provision of child minding or day care.
2
The provision of information and advice shall include:
a
information and advice concerning the application and extent of the national standards and supporting criteria;
b
the provision of child minder’s pre-registration briefing sessions;
c
the provision of child minder’s pre-registration courses;
d
such other information and advice as a local authority considers is necessary to enable a person to meet the requirements of the Act.
3
The provision of information and advice may include the provision of day care pre-registration briefing sessions and day care pre-registration courses.
4
Unless these Regulations specify that the information and advice must be provided by means of a course or information session, the information and advice may be provided in such manner as the local authority sees fit.
Training
4
1
Each local authority shall secure the provision of training for persons who provide or assist in providing child minding or day care.
2
The provision of training shall be designed so as to take account of the requirements of the national standards and contents of the supporting criteria.
General
5
Each local authority shall publish information about the information, advice and training provided in accordance with these Regulations and shall take such steps as are reasonably practicable to ensure that those who might benefit from such information, advice and training receive the information relevant to them.
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
27th July 2001


text:
Title, extent, commencement and interpretation
1
1
These Regulations may be cited as the Milk Marketing Board (Residuary Functions) (Amendment) Regulations 2001, shall apply in England and Wales, and shall come into force on 30th November 2001.
2
In these Regulations —
“the principal Regulations ” means the Milk Marketing Board (Residuary Functions) Regulations 1994 ;
“the relevant period” means such period, being a period of not less than one year, as the Secretary of State shall determine after consulting the relevant persons or organisations;
“the relevant persons or organisations” means any such persons or organisations as appear to the Secretary of State to represent the interests of relevant producers;
“relevant producers” means any persons who on the date of the final distributions under regulation 28(2) of the principal Regulations were registered eligible producers;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs; and
“transferred assets” means any assets transferred to the Secretary of State by virtue of regulation 28A of the principal Regulations.
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 and 4 of these Regulations.
3
In regulation 28 —
a
after paragraph (1) there shall be inserted the following paragraph —
1A
Any liability to pay a sum which, following a distribution of that sum, for the time being remains unclaimed shall be disregarded for the purposes of paragraph (1)(b) above, and the Minister may by notice to the Board specify any asset or class of assets or any additional liability or class of liabilities, including any assets arising or liability incurred after the giving of the notice, which shall likewise be disregarded for those purposes, or for the purposes of determining whether any assets are “surplus assets of the Board remaining on the final liquidation” for the purposes of regulation 27(3).
;
b
after paragraph (3) there shall be inserted the following paragraph —
3A
Where, at the time that the account is made up under paragraph (3) above, any amounts distributed by way of final distribution in accordance with regulation 27(3) and paragraph (2) above remain unclaimed, the account made up under paragraph (3) above shall show the total such amount unclaimed.
.
4
After regulation 28 there shall be inserted the following regulation —
Transfer of property, rights and liabilities
28A
Where an order under section 14(5) of the Act has been made in relation to the Board, the property, rights and liabilities of the Board shall, by virtue of this regulation and with effect from the day after the date on which such order is made, be transferred to the Secretary of State for Environment, Food and Rural Affairs.
.
Supplementary and consequential provisions
5
The Secretary of State shall for the relevant period —
a
hold any transferred assets, being any sums distributed under an interim distribution, or under the final distributions made under regulation 28(2) of the principal Regulations, and remaining unclaimed, for the purpose of paying such sums to the persons entitled to claim them under the terms of the distribution in question; and
b
hold any other transferred assets for the purpose of discharging any liability of the Board which was transferred to her by virtue of regulation 28A of the principal Regulations.
6
Subject to regulation 8, upon the expiry of the relevant period, the Secretary of State shall hold any transferred assets for the purpose of disposing of them in such manner as she may determine, provided that the disposal is for one of the purposes specified in regulation 7, or in part for one of those purposes and in part for the other.
7
The purposes referred to in regulation 6 are —
a
making such distribution of the transferred assets to relevant producers as would have been required of the Board had the assets fallen to be distributed on the final distributions under regulation 28(2) of the principal Regulations; and
b
transferring them to such body corporate or other organisation as the Secretary of State may determine, being a body corporate or organisation appearing to her to be established for purposes —
i
connected with milk production in England and Wales; or
ii
beneficial to relevant producers or to persons engaged in the production of milk in England and Wales.
8
Before making any determination under regulation 6 or 7(b), the Secretary of State shall consult the relevant persons or organisations.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
28th October 2001
Signed on behalf of the National Assembly for Wales,
J. E. Randerson
Assembly Secretary
25 October 2001


text:
Title, extent and commencement
1
These Regulations may be cited as the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) (Amendment) (No. 5) Regulations 2001; they extend to the United Kingdom and shall come into force on 16th June 2001.
Amendment to the Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001
2
1
The Foot-and-Mouth Disease (Export of Vehicles) (Disinfection of Tyres) Regulations 2001 are amended in accordance with this regulation.
2
In regulation 1(2) of those Regulations, for “19th June 2001” substitute “20th July 2001”.
3
In regulation 2(1) of those Regulations, for the definition of “the Decision” substitute —
“the Decision” means Commission Decision 2001/356/ EC concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/172/EC , as last amended by Commission Decision 2001/430/EC and Commission Decision 2001/437/EC ;
.
Whitty,
Parliamentary Under Secretary of State,
Department of Environment, Food and Rural Affairs
15th June 2001


text:
Citation and commencement
1
These Rules may be cited as the Transport Tribunal (Amendment) Rules 2001 and shall come into force on 4th February 2002.
Interpretation
2
In these Rules, a reference to a rule by number alone means the rule so numbered in the Transport Tribunal Rules 2000 .
Amendments to the Transport Tribunal Rules 2000
3
The following shall be inserted after rule 11(1)(f):
and
g
the Goods Vehicles (Enforcement Powers) Regulations 2001, regulation 13 .
.
4
1
The following shall be substituted for rule 13(1):
13
1
The secretary shall acknowledge receipt of any notice served under rule 12(1), and shall serve a copy on:
a
the traffic commissioner; and
b
the appropriate national authority.
1A
Upon receipt of the details to be provided under rule 15(1)(d), the secretary shall serve a copy of any notice served under rule 12(1) on:
a
in the case of an appeal by an applicant for, or for the variation of, an operator’s licence, every person who made an objection to the application;
b
in the case of an appeal by a person who made an objection to an application for, or (in the case of a goods vehicles operator’s licence) for the variation of, an operator’s licence, the applicant and every other person who made an objection to the application; and
c
in the case of an appeal under section 37(5) of the 1995 Act, every representor.
.
2
In rule 13(2), “paragraphs (1)(b), (1A)(a) or (1A)(b)” shall be substituted for “paragraph (1)(b), (c) or (d)” each time it occurs.
3
In rule 13(3), “paragraph (1A)(c)” shall be substituted for “paragraph (1)(e)” each time it occurs.
5
In rule 14(2)(b), “rule 13(1)(b), (1A)(a) or (1A)(b)” shall be substituted for “rule 13(1)(b), (c) or (d)”.
Signed by the authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
18th December 2001


text:
1
These Regulations may be cited as the Education (Teachers' Qualifications and Health Standards) (England) (Amendment No. 2) Regulations 2001 and shall come into force on 1st September 2001.
2
The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 shall be amended as follows.
3
In regulation 3(2) at the appropriate point in alphabetical order there shall be inserted the following definition:
“governing body” in relation to a further education institution has the same meaning as in section 90(1) of the Further and Higher Education Act 1992 ;
;
4
After paragraph 4 of Schedule 2 the following paragraph shall be inserted —
Teacher trainees who have yet to pass the skills tests
4A
1
This paragraph shall apply in the case of an unqualified teacher over the age of 18 years who —
a
is required to pass the teacher trainee skills tests in order to satisfy the specified standards in relation to qualifying as a teacher; and
b
is a person who would have been notified by the Secretary of State in accordance with paragraph 1(1)(b) of Schedule 3, as being a person mentioned in paragraphs 2, 7 and 9 of Schedule 3, save that he has not passed all the teacher trainee skills tests.
2
Such a person may be employed as a teacher at a school (other than a pupil referral unit) so that the aggregate period for which he is employed by virtue of this paragraph, by one or more than one authority or body, does not exceed 5 years or such longer period if any as may be approved in his case by the Secretary of State.
3
In this paragraph —
a
the “specified standards” means the standards applying from time to time as may be specified by the Secretary of State as standards required of a person who seeks to become a qualified teacher.
b
the “teacher trainee skills tests” means the literacy and numeracy teacher trainee skills tests and from 1st May 2002 includes the information and communications technology skills tests as administered by accredited institutions.
.
5
Schedule 3 shall be amended as follows:
a
in paragraph 1(1)(b) the words “in paragraphs 2 to 10” shall be substituted with the words “in paragraphs 2 to 10A”;
b
in paragraph 1(1)(b) the words “in paragraphs 7, 8 or 10” shall be substituted with the words “in paragraphs 7, 8, 10 or 10A”;
c
in paragraph 1(2) the words “in paragraphs 2 to 10” shall be substituted with the words “in paragraphs 2 to 10A”;
d
in paragraph 1(3) the words “in paragraphs 7, 9 or 10” shall be substituted with the words “in paragraphs 7, 9, 10 or 10A” each time they occur;
e
in paragraph 9, sub-paragraph 9(1)(b) shall be substituted with the following sub-paragraph —
b
has either —
i
satisfactorily completed a training programme, or
ii
successfully completed a programme of professional training for teachers in any country outside the United Kingdom and which is recognized as such by the competent authority in that country;
; and
f
after paragraph 10 the following paragraph shall be inserted —
10A
1
The recommending authority has submitted to the Secretary of State a recommendation that a person should be awarded qualified teacher status and a statement that —
a
on the date of the recommendation he is employed as —
i
a teacher in a further education institution; or
ii
an instructor in a school in accordance with paragraph 3 of Schedule 2;
b
he has been assessed by the recommending authority as meeting the specified standards;
c
i
before 1st January 1974 he obtained qualifications meeting the requirements of paragraph 11, 12, 13, 14, 15, 16 or 17 of Part II of this Schedule, or
ii
before 1st January 1974 he obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution; or
iii
before 1st September 1989 he obtained a degree granted by a United Kingdom university or by the Council for National Academic Awards or by a foreign institution in mathematics, physics, chemistry, biology, botany, zoology, physiology, biochemistry or geology;
d
he was employed as a teacher in a further education institution before 1st September 1989;
e
he holds a Certificate in Education or a Post-graduate Certificate in Education; and
f
in the opinion of the recommending authority, he has sufficient teaching experience to be able to teach pupils aged from 14 years to 19 years.
2
In this paragraph —
a
“recommending authority” means —
i
in the case of a teacher who is not a head teacher or principal, the head teacher or principal of the further education institution at which the person is employed to teach; and
ii
in the case of a head teacher or principal, the chairman of the governing body;
b
“foreign institution” has the same meaning as in paragraph 2(2)(b); and
c
“specified standards” has the same meaning as in paragraph 9(2)(b).
.
Stephen Timms
Minister of State,
Department for Education and Skills
10th August 2001


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 and comes into force on 1st September 2001.
2
Section 33A of the Value Added Tax Act 1994 applies to the bodies listed in column 1 of the Schedule to this Order.
3
The museums and galleries listed in column 2 of the Schedule are, for the purposes of section 33A of the Value Added Tax Act 1994, relevant museums and galleries in relation to the bodies listed opposite them in the Schedule.
4
Where column 3 of the Schedule indicates a particular date, in the case of the museum or gallery to be found opposite that date, section 33A of the Value Added Tax Act 1994 shall apply as if, in subsection (1)(c) of that section, that date were substituted for 1st April 2001.
John Heppell
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2001


text:
Citation and commencement
1
These Regulations may be cited as the Railway Safety (Miscellaneous Amendments) Regulations 2001 and shall come into force on 24th October 2001.
Amendment to the Railways (Safety Case) Regulations 2000
2
The Railways (Safety Case) Regulations 2000 shall be amended in accordance with regulations 3 to 11 of these Regulations and any reference in those provisions to any specified provision shall, unless the context requires otherwise, be taken to be a reference to the provision so specified of the Railways (Safety Case) Regulations 2000.
3
In regulation 2(1) —
a
in the definition of “audit report”, for the words “paragraph 5(b)” there shall be substituted the words “paragraph 5(d)”;
b
in the definition of “railway”, at paragraph (b), for the words “construction work” there shall be substituted the words “a building operation or work of engineering construction”.
4
In regulation 5(3)(b)(ii), after the words “with those described in any other safety case” there shall be inserted the words “or revision thereof”.
5
In regulation 5(7)(c), for the words “paragraph (3)(a)” there shall be substituted the words “paragraph (4)(a)”.
6
In regulation 7(3), after the words “Executive and” there shall be inserted the words “at the same time”.
7
In regulation 7(7)(a)(iii), for the words “paragraph (2)” there shall be substituted the words “paragraph (3)”.
8
In regulation 8(2), for the word “made” there shall be substituted the word “proposed”.
9
In regulation 9(1) —
a
after the word “intervals”, for the word “or” there shall be substituted the word “of”;
b
in sub-paragraph (a), the words “and stations” shall be deleted and after the words “railway infrastructure” there shall be inserted the words “and the operation of trains or stations”.
10
In regulation 16(3)(b), after the words “infrastructure controller and” there shall be inserted the words “at the same time”.
11
In Schedule 1 —
a
for paragraph 11 there shall be substituted —
11
Particulars of the arrangements the duty holder has established (with a view to ensuring the health and safety of persons) for managing work carried out by persons who are not his employees on or in relation to premises or plant which he owns or controls
;
b
in paragraph 15 —
i
the word “and” shall be deleted from the end of sub-paragraph (b);
ii
in sub-paragraph (c), for the word “holder.” there shall be substituted the words “holder; and”; and
iii
at the end of sub-paragraph (c) there shall be inserted the following sub-paragraph —
d
for the provision of equipment and arrangements for the escape of persons in an emergency from trains operated by the duty holder
;
c
in paragraph 17(a), after the words “paragraph 5”, the word “(d)” shall be omitted.
Transitional provisions
12
1
Where a railway operator who operates trains has had a safety case accepted by the Executive under regulation 5(1)(b) of the Railways (Safety Case) Regulations 2000 which does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, that operator shall —
a
prepare a revision to that safety case which shall include particulars of those arrangements; and
b
submit the revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the coming into force of these Regulations.
2
Subject to paragraph (3), where a railway operator who operates trains has submitted a safety case to the Executive pursuant to regulation 5(2) of the Railways (Safety Case) Regulations 2000, and that safety case has not been accepted under regulation 5(1)(b) of those Regulations, before these Regulations come into force, and that safety case does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, the Executive may nonetheless accept the safety case under the said regulation 5(1)(b).
3
Where a safety case has been accepted as described in paragraph (2), the railway operator shall —
a
prepare a revision to that safety case which shall include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to the Railways (Safety Case) Regulations 2000; and
b
submit the revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the date of acceptance.
4
Where a railway operator who operates trains has submitted a revision to a safety case pursuant to regulation 16(2)(b) or regulation 16(3)(b) of the Railways (Safety Case) Regulations 2000 which does not include particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations, that operator shall —
a
prepare a further revision to that safety case which shall include particulars of those arrangements; and
b
submit the further revision to the Executive and at the same time, unless he is the relevant infrastructure controller, to the relevant infrastructure controller not later than 3 months after the coming into force of these Regulations.
5
Where a railway operator who operates trains is required to submit a revision to a safety case pursuant to regulation 16(2)(b) or regulation (16)(3)(b) of the Railways (Safety Case) Regulations 2000, he shall submit that part of the revision which includes particulars of the arrangements specified in paragraph 15(d) of Schedule 1 to those Regulations by the later of either —
a
the date by which the revision is required; or
b
within 3 months of the coming into force of these Regulations.
6
In this regulation, “the Executive”, “railway operator”, “the relevant infrastructure controller” and “safety case” have the meanings assigned to them by regulation 2(1) of the Railways (Safety Case) Regulations 2000.
Amendment to the Railways Regulations 1998
13
The Railways Regulations 1998 shall be amended in accordance with regulations 14 to 16 of these Regulations and any reference in those provisions to any specified provision shall, unless the context otherwise requires, be taken to be a reference to the provision so specified of the Railways Regulations 1998.
14
For regulation 13(2)(a)(i), there shall be substituted the following —
i
the railway undertaking or international grouping has prepared a safety case under regulation 4 of the Railways (Safety Case) Regulations 1994, or under regulation 5 of the Railways (Safety Case) Regulations 2000, in respect of the operation of trains under the agreement;
.
15
At the end of regulation 13(2)(a)(ii), there shall be inserted the words “or by the Health and Safety Executive”.
16
In regulation 13(2)(b), after the words “regulation 4” there shall be inserted the words “or the said regulation 5”.
Amendment to the Railway Safety Regulations 1999
17
The Railway Safety Regulations 1999 shall be amended by the substitution of the words “40 kilometres per hour” for the words “25 miles per hour” in paragraph 1(e) of the Schedule to those Regulations.
Stephen Byers
Secretary of State for Transport, Local Government and the Regions
28th September 2001


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (Amendment) Order 2001 and shall come into force on 1st August 2001.
2
This Order shall have effect in relation to interviews of persons suspected of the commission of indictable offences which are held by police officers in any police area in England and Wales and which commence after midnight on 31st July 2001.
3
The Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 1) Order 1991 shall be amended as follows —
a
in article 3(2)(b), for “applies; or” substitute “applies.”; and
b
delete article 3(2)(c).
4
The Police and Criminal Evidence Act 1984 (Tape-recording of Interviews) (No. 2) Order 1992 shall be amended as follows —
a
in article 3(2)(b), for “applies; or” substitute “applies.”; and
b
delete article 3(2)(c).
John Denham
Minister of State
Home Office
6th July 2001


text:
1
These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2001 and shall come into force on 6th March 2001.
2
In these Regulations —
“agricultural product” means products of —
the soil;
dairy farming;
the breeding and keeping of livestock, and
poultry farming,
and products of first-stage processing directly relating to such products;
“agricultural purpose” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land and meadow land, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“farm” means land which is occupied for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land;
“feeding stuff” means —
a product of vegetable or animal origin in its natural state (whether fresh or preserved);
a product derived from the industrial processing of such a product; or
an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives); for oral feeding to animals which, or kinds of which, are in particular kept for the production of food, skins or fur or for the purpose of their use in the farming of land;
“fertiliser” means a fertiliser used for the cultivation of crops or plants of any description, including trees;
“fuel” includes any substance used as a source of heat or power;
“grain” includes wheat, maize, oats, rye, barley, rice, pulses, seeds and processed forms thereof;
“livestock” includes cattle, horses, asses, mules, hinnies, sheep, pigs, goats, poultry, deer and, while in captivity, pheasants, partridges and grouse;
“vehicle”, whether laden or not, has the same meaning as “vehicles” in the Council Regulation.
3
1
Pursuant to Article 13(2) of Council Regulation ( EEC ) No. 3820/85 of 20th December 1985 on the harmonisation of certain social legislation relating to road transport (“the Council Regulation”) until 4th April 2001, and in order to meet the exceptional circumstances occasioned by the outbreak of foot-and-mouth disease in Great Britain, or the effects or consequences of such exceptional circumstances, any time spent driving a vehicle for the purpose of —
a
the collection or delivery to or from a farm of agricultural products, fertiliser, fuel, disinfectants, herbicides and pesticides; or
b
the movement of livestock; or
c
the transport of feeding stuff and grain,
shall not be taken into account for the purposes of Article 6(2) of that Regulation.
2
In relation to the driving of a vehicle in the exceptional circumstances and for the purposes mentioned in paragraph (1) above, the said Council Regulation shall have effect as if: —
a
in Article 6, paragraph 1 first sentence, for the reference to “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted;
b
in Article 8, paragraph 3 first sentence, for the reference to “45 consecutive hours” there were substituted “24 consecutive hours” and the remainder of that paragraph were deleted.
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
5th March 2001


text:
Citation, commencement, interpretation and application
1
1
These regulations may be cited as the Education (Publication of Draft Proposals and Orders) (Further Education Corporations) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations —
“the Council” means the Learning and Skills Council for England;
“student” includes a pupil;
and a reference to a section is a reference to a section of the Further and Higher Education Act 1992.
3
These Regulations apply in relation to England.
Information to be contained in draft proposals referred to in section 51(1)(a) and (b)
2
Draft proposals referred to in section 51(1)(a) and (b) (draft proposals for the establishment by the Secretary of State of a body corporate under section 16(1) or (3)) which are required to be published under section 51(2) shall give the following information —
a
the name or proposed name of the institution concerned;
b
its address;
c
a general description of the education provided at the institution and of the education to be provided there when it is conducted by a further education corporation including, in both cases, the age range of students;
d
in the case of an existing institution, whether it is a community, foundation, voluntary aided or voluntary controlled school or, if none of these, a brief description of its status;
e
in the case of an existing institution, the name of the local education authority, if any, which maintains it and, in the case of a voluntary or foundation school which has a religious character for the purposes of Part II of the School Standards and Framework Act 1998 the name of the appropriate authority of any religious denomination concerned;
f
in the case of an existing institution other than a school —
i
the number of full-time students, the number of part-time students and the total number of students on 1st November in the year preceding the year in which the draft proposals are published, and
ii
the forecast number of full-time students, the forecast number of part-time students and the forecast total number of students on 1st November in the year in which the draft proposals are published (or, where the draft proposals are published on or after 1st November, in the year after that in which they were published);
g
in the case of an existing institution which is a school —
i
the number of full-time students, the number of part-time students and the total number of students on 17th January in the year in which the draft proposals are published (or, where the draft proposals are published before 17th January, in the year before that in which they were published), and
ii
the forecast number of full-time students, the forecast number of part-time students and the forecast total number of students on 17th January in the year after the year in which the draft proposals are published;
h
in the case of an institution which is to be established, the number of full-time students, the number of part-time students and the total number of students which are forecast for such time as the institution is fully operational;
i
the reason for proposing incorporation;
j
in the case of proposals for the establishment of a body corporate under section 16(1) —
i
whether the further education corporation is to establish an educational institution or to conduct an existing institution, and
ii
in the case of an existing institution, whether the governing body has consented to the establishment of a further education corporation to conduct the institution;
k
the date proposed for the establishment of the further education corporation and the date from when it is proposed that the corporation should conduct the institution;
l
the name proposed for the further education corporation which is to conduct the institution;
m
in the case of proposals for the establishment of a body corporate under section 16(3) —
i
a statement that the governing body of the institution and the local education authority who maintain the institution have consented to the publication of the proposals (unless section 51(3A) does not apply); or
ii
where, by virtue of section 110(5) of the Learning and Skills Act 2000, section 51(3A) does not apply, a statement to that effect.
Information to be contained in draft proposals referred to in section 51(1)(c)
3
Draft proposals referred to in section 51(1)(c) (draft proposals for the dissolution of any further education corporation by the Secretary of State under section 27) which are required to be published under section 51(2) shall give the following information —
a
the name of the further education corporation;
b
the name of the institution concerned (if different);
c
its address;
d
a general description of the education provided at the institution;
e
the number of full-time students, the number of part-time students and the total number of students at the institution;
f
the reason for proposing dissolution of the corporation;
g
the date proposed for the dissolution of the corporation; and
h
the educational provision to be made for those students who have not completed their courses on that date.
Time and manner of publication of proposals referred to in section 51(1)
4
1
Draft proposals referred to in section 51(1) (draft proposals for the establishment by the Secretary of State of a body corporate under section 16(1) or (3) or the dissolution of any further education corporation by the Secretary of State under section 27) which are required to be published by the Council under section 51(2) shall be published (in accordance with paragraphs (2) and (4)) at least 4 months before the date specified in the draft proposals for the establishment or dissolution of the further education corporation.
2
The Council shall publish a summary of the proposal —
a
in at least one newspaper circulating in the area served, or to be served, by the institution to which the draft proposal relates;
b
by posting it in at least one conspicuous place within that area; and
c
in the case of a draft proposal which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution.
3
The summary shall state that a copy of the draft proposal may be obtained free of charge from the Council and the Council shall send a copy of the draft proposal to any person who requests it.
4
The Council shall send a copy of the draft proposal to —
a
the local education authority in whose area the institution is situated or is proposed to be situated;
b
the governing body of any institution within the further education sector, or of any school maintained by a local education authority which provides full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, within the locality; and
c
any other person who appears to the Council to have an interest.
Period for making representations
5
The period referred to in section 51(2)(b), within which representations which have to be considered by the Council may be made, is a period of one month beginning on the day the last of the events described in regulation 4(2) or (4) above takes place.
Publication etc. of orders referred to in section 51(3)(a)
6
1
The following matters are prescribed for the purposes of section 51(3) in relation to orders referred to in section 51(3)(a) (orders under section 16(1) other than orders made for the purpose of giving effect to a proposal by the Council) —
a
the draft order shall be published (in accordance with sub-paragraph (b)) no later than two months before the date specified in it for the establishment of the body corporate;
b
a summary of the draft order shall be published —
i
in at least one newspaper circulating in the area served, or to be served, by the institution to which the draft order relates;
ii
by posting it in at least one conspicuous place within that area; and
iii
in the case of a draft order which relates to an existing institution, by posting it in a conspicuous place at or near the main entrance to that institution.
2
The summary shall state that a copy of the draft order may be obtained free of charge from the Secretary of State and the Secretary of State shall send a copy of the draft order to any person who requests it.
3
The Secretary of State shall send a copy of the draft order to —
a
the local education authority in whose area the institution is situated or is proposed to be situated; and
b
the governing body of any institution within the further education sector, or of any school maintained by a local education authority which provides education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, within the locality; and
c
any other person who appears to the Secretary of State to have an interest.
Publication etc. of orders referred to in section 51(3)(b)
7
The following matters are prescribed for the purposes of section 51(3) in relation to orders referred to in section 51(3)(b) (orders made under section 16(3) other than orders made for the purpose of giving effect to a proposal by the Council), namely, the draft order shall be published no later than two months before the date specified in it for the establishment of a body corporate by sending a copy to —
a
the governing body of the institution referred to therein;
b
the local education authority, if any, which maintains the institution and, in the case of a voluntary or foundation school which has a religious character for the purposes of Part II of the School Standards and Framework Act 1998, the appropriate authority of any religious denomination concerned, and
c
any other person who appears to the Secretary of State to have an interest.
Revocation and transitional provisions
8
1
The Education (Publication of Draft Proposals and Orders) Regulations 1992 (“the 1992 Regulations ”) are hereby revoked.
2
For the purposes of regulation 5 anything done pursuant to regulation 4 of the 1992 Regulations shall be treated as done under the corresponding provision of regulation 4 of these Regulations.
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Teddington, Twickenham and Hamptons Primary Care Trust (Establishment) Order 2001 and shall come into force on 12th 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 Teddington, Twickenham and Hamptons 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 Teddington, Twickenham and Hamptons 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 Kingston and Richmond 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 Kingston and Richmond Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Teddington Memorial Hospital and Community 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
John Denham
Minister of State,
Department of Health
1st February 2001


text:
Citation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 4) (England) Order 2001.
2
In this Order, any reference to a section is a reference to a section of the Care Standards Act 2000 and any reference to a Schedule is a reference to a Schedule to that Act.
3
This Order extends to England only.
Appointed days
2
1
16th March 2001 is the day appointed for the coming into force of —
a
paragraphs 1 and 6 of Schedule 1 (the Commission and the Councils), in so far as those paragraphs relate to the National Care Standards Commission;
b
section 6(3) (National Care Standards Commission), in so far as it relates to those paragraphs.
2
1st April 2001 is the day appointed for the coming into force of section 98 (individuals providing care funded by direct payments).
3
9th April 2001 is the day appointed for the coming into force of —
a
section 6, in so far as it is not already in force;
b
Schedule 1, in so far as it relates to the National Care Standards Commission and is not already in force.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
15th March 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No.9) Regulations 2001 and shall come into force on 13th November 2001.
2
These Regulations shall have effect in relation to award periods commencing on or after 13th November 2001.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Disability Working Allowance Regulations and the Family Credit Regulations
3
Amend the Disability Working Allowance Regulations and the Family Credit Regulations as follows.
Income treated as capital
4
In regulation 34(4) of the Disability Working Allowance Regulations and regulation 31(4) of the Family Credit Regulations after “paragraph 1,” insert “1A,”.
Capital to be disregarded
5
1
Amend Schedule 4 to the Disability Working Allowance Regulations (“Schedule 4”) and Schedule 3 to the Family Credit Regulations (“Schedule 3”) as follows.
2
Add as paragraph 68 of Schedule 4 and paragraph 69 of Schedule 3 the following paragraph —
1
Where a payment has been made to the claimant or his partner by, or on behalf of, a government of a country outside the United Kingdom, either from its own resources or with contributions from any other organisation, by way of compensation for a victim of National Socialism, the amount of that payment.
2
In sub-paragraph (1) the reference to a victim of National Socialism is a reference to a person who was required to work as a slave or forced labourer for National Socialists or their sympathisers during the Second World War, or suffered property loss, or suffered injury, or is the parent of a child who died, at the hands of National Socialists or their sympathisers during the Second World War.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd October 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Controls on Injurious Substances) (Amendment) Regulations 2001 and shall come into force on 11th October 2001.
2
In these Regulations, “the principal Regulations ” means the Environmental Protection (Controls on Injurious Substances) Regulations 1993 .
Amendment of the principal Regulations
2
For regulation 3 of the principal Regulations there shall be substituted the following:
Marketing PCP
3
1
Subject to paragraph (2), no person shall place on the market, other than for research and development or analysis purposes, any substance containing PCP in a concentration equal to or greater than 0.1 per cent by weight.
2
Until 31st December 2008, paragraph (1) shall not apply to the placing on the market of any substance containing PCP, which has a total H 6 CDD content below 2 parts per million and which —
a
is intended solely for use in industrial installations for the impregnation of fibres or heavy duty textiles not intended for clothing or for decorative furnishings;
b
is placed on the market in packages of 20 litres or more marked clearly and indelibly with the words “Reserved for industrial and professional use”;
c
is not for sale to the general public; and
d
is not waste to which Council Directive 75/442/ EEC or Council Directive 91/689/EEC applies.
3
Regulation 4 of the principal Regulations shall be amended by —
a
omitting “PCP, or” from paragraph (1); and
b
substituting the following for paragraph (2):
2
Until 31st December 2008, paragraph (1) shall not apply to the use of any substance containing PCP which has a total H 6 CDD content below 2 parts per million, in industrial installations for the impregnation of fibres or heavy duty textiles not intended for clothing or for decorative furnishings.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
13th September 2001


text:
Citation and commencement
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) Regulations 2001 and shall come into force on 20th August 2001.
Interpretation
2
1
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“academic year” means the period from 1st September in one year to 31st August in the next year, except that where the first term of an institution to begin after July begins before 1st September, the academic year is the period beginning at the start of that term and ending immediately before the start of the first such term in the following year;
“advanced education” has the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976 ;
“education maintenance allowance learning agreement” has the meaning given in regulation 7;
“full-time education” has the same meaning as in regulation 1(2) of the Child Benefit (General) Regulations 1976;
“ GCSE ” means a General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“learning goal” means a standard of achievement, whether taking the form of a qualification or not;
“ NVQ ” means a National Vocational Qualification;
“parent” —
in regulation 5 and 6(1)(e) means the mother or father of the student (including the mother or father by adoption) but not any other person with parental responsibility for the student, and
elsewhere in these regulations has the same meaning as in section 576 of the Education Act 1996;
“period of eligibility” in relation to a student means the period beginning at the end of the student’s final school year and ending after —
4 academic years where the student is —
a student with assessed learning difficulties; or
a vulnerable student; or
3 academic years in any other case;
“relevant area” means —
the area of the relevant authorities except East Lancashire,
in East Lancashire the following wards: Burnley, Hyndburn, Pendle, Ribble Valley and Rossendale;
“relevant authority” means a local education authority specified in the Schedule;
“relevant educational establishment” means —
a school maintained by a local education authority,
an independent school within the meaning of section 463 of the Education Act 1996 other than one whose registration under section 465 of that Act is provisional only,
an institution within the further education sector, or
any other educational institution which the local education authority considers appropriate;
“relevant period” in relation to the payment of any allowance in respect of a student means the period starting on 30th June immediately before the start of the academic year in respect of which the allowance is paid and ending at the end of that academic year;
“student with assessed learning difficulties” means a student who had a statement of special educational needs made under section 324 of the Education Act 1996 during the school year in which he ceased to be of compulsory school age or a student in respect of whom an assessment has been made under section 140 of the Learning and Skills Act 2000 ;
“vulnerable student” means a student who was ordinarily resident on any date during the relevant period in Cornwall, Nottingham, Stoke on Trent or Walsall and,
is at any time during a relevant period in the opinion of the local authority estranged from his parents,
is pregnant at any time during a relevant period,
is a student with assessed learning difficulties or has a disability within the meaning of section 1 of the Disability Discrimination Act 1995 ,
has at any time been a looked after student since reaching the age of 11,
has at any time been permanently excluded from school while undergoing secondary education,
has at any time been identified by the youth offending team established under section 39 of the Crime and Disorder Act 1988 for the area as needing additional educational support,
has not, by the end of the student’s final school year, achieved NVQ level 1, GNVQ level 1 or any GCSE passes or obtained any qualifications of a higher standard,
is a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child,
has at any time been in receipt of invalid care allowance in accordance with section 70 of the 1992 Act, or
has at any time participated in the provision known as Life Skills forming part of the programme known as the Learning Gateway;
“week” means a period of 7 days beginning with a Monday.
2
For the purposes of these Regulations a student is a looked after student if he is looked after by a relevant authority and in this paragraph “looked after” shall be construed in accordance with section 22 of the Children Act 1989 .
3
For the purposes of these Regulations a student is an independent student if the student is —
a
in the opinion of the Local Education Authority estranged from his parents;
b
a parent to whom child benefit is paid under Part IX of the 1992 Act in respect of the person’s child; or
c
aged 19.
4
Any reference in these Regulations to a person responsible for a pupil shall be construed in accordance with section 143 of the 1992 Act.
5
Any reference in these Regulations to a student being educated otherwise than at an institution is a reference to a student being so educated under arrangements made by a relevant authority under section 19 of the Education Act 1996.
6
Any reference in these Regulations to the student’s final school year is a reference to —
a
the school year in which the student was in a class in which the majority of the students reached the age of 16, where the student attended school; or
b
the academic year in which the student reached the age of 16, where the student did not attend school.
Payment of education maintenance allowance
3
1
Subject to paragraph (2) and the provisions of these Regulations a relevant authority may, in respect of any academic year, pay any of the allowances specified in regulation 8, 9, 10 or 11 in respect of any student over compulsory school age if —
a
the condition specified in regulation 4 which is applicable to the student in question is satisfied;
b
the condition specified in regulation 5 is satisfied, unless the student is one in respect of whom the condition specified in regulation 4 is satisfied by virtue of the student being a looked after student; and
c
such of the conditions specified in regulation 6 as are applicable to the student in question are satisfied.
2
If a condition specified in regulation 4 which is applicable to the student in question is satisfied by reference to ordinary residence in one relevant area (“Area A”) and is subsequently also satisfied by reference to ordinary residence in another relevant area (“Area B”) the relevant authority for Area A shall not —
a
pay any allowance under regulation 8 in respect of any week in respect of which such an allowance is paid by the relevant authority for Area B;
b
pay any allowances under regulations 9 or 10 in respect of any term period or learning goal if an allowance in respect of the same term period or learning goal is paid by the relevant authority for Area B; or
c
pay any allowance under regulation 11 if an allowance in respect of the same pregnancy or confinement is paid by the relevant authority for Area B.
3
Nothing in regulation 4 of the Local Education Authority (Post-Compulsory Education Awards) Regulations 1999 shall apply in relation to the payment of any of the allowances specified in regulations 8, 9, 10 or 11.
Residence condition
4
The condition specified in this regulation is —
a
unless paragraph (b) or (c) applies, that a person responsible for the student was ordinarily resident in a relevant area on any date during the relevant period;
b
where the student was an independent student, that the student was ordinarily resident in a relevant area on any date during the relevant period; or
c
that the student was a looked after student at any time during the relevant period.
Income condition
5
1
The condition specified in this Regulation is —
a
where the student’s parents live together as husband and wife (whether or not they are married to each other) and the student is not an independent student, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
b
where the student’s parents do not live together as husband and wife and the student is not an independent student,
i
if paragraph (2) applies, that the aggregate of the incomes of the student’s parents did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
ii
if paragraph (3) applies, that the income of the student’s relevant parent did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount;
c
where the student is an independent student, that the income of the student did not, during the tax year ending before the start of the academic year in respect of which the allowance is paid, exceed the relevant amount.
2
This paragraph applies where the income of the relevant parent includes a maintenance payment other than one made under an arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 and where it is reasonably practicable for the relevant authority to ascertain the income of the other parent.
3
This paragraph applies where the income of the relevant parent —
a
does not include a maintenance payment; or
b
includes a maintenance payment made under an arrangement made by the Child Support Agency pursuant to the Child Support Act 1991; or
c
includes any maintenance payment not falling within sub-paragraph (b), but where it is not reasonably practicable for the relevant authority to ascertain the income of the other parent.
4
Where the condition contained in paragraph (1) is not satisfied but it appears to the local education authority (whether before or after the start of an academic year) that the income of the persons referred to in paragraph (1)(a), (b) or (c) (as appropriate to the student in question) is likely, during the tax year following that referred to in paragraph (1) —
a
not to exceed the relevant amount; and
b
to be not more than 85% of the person’s income during the tax year referred to in paragraph (1),
the authority may determine that the condition contained in paragraph (1) is to be treated as satisfied.
5
For the purposes of this Regulation the income of a person is the person’s total income within the meaning of section 835 of the Income and Corporation Taxes Act 1988 less the amount (if any) specified in paragraph (6) but —
a
where paragraph (2) applies —
i
the relevant parent’s total income shall be computed as though the maintenance payment was not part of the parent’s total income; and
ii
the other parent’s income shall be computed without any deduction for the maintenance payment;
b
where paragraph (3) applies the relevant parent’s total income shall be computed as though the maintenance payment was part of the parent’s total income,
whether or not, in either case, it would be so computed apart from the provisions of this Regulation.
6
The amount referred to in paragraph (5) is £1,000 multiplied by the number of applicable children and for the purpose of this paragraph an applicable child is —
a
a child (excluding the student in respect of whom the allowances are to be paid) in respect of whom either of the student’s parents (where the student’s parents live together as husband and wife) or the student’s relevant parent (where the student’s parents do not live together as husband and wife) is entitled to child benefit under Part IV of the 1992 Act for any week during the relevant period comprising the academic year in respect of which the allowance is paid; and
b
a child of one of the student’s parents (excluding the student in respect of whom the allowances are to be paid) who is entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for any day during the relevant period comprising the academic year in respect of which the allowance is paid.
7
In this regulation —
“maintenance payment” means a periodical payment (not including an instalment of a lump sum) which —
is made pursuant to an order made by a court (whether in the United Kingdom or elsewhere) or under any arrangement made by the Child Support Agency pursuant to the Child Support Act 1991 or under a separation agreement; and
is made by —
one of the parties to a marriage (including a marriage which has been dissolved or annulled) to or for the benefit and for the maintenance of the other party; or
one of the parents of the student to or for the benefit, and for the maintenance or education of the student.
is due at a time when —
as regards a maintenance payment of the nature described in sub-paragraph (b)(i), the parties are not living together as husband and wife; or
as regards a maintenance payment of the nature described in sub-paragraph (b)(ii) the parent making the payment does not reside in the same household as the student; and
“the relevant amount” means —
£20,000, where the relevant authority is Barking and Dagenham, Brent, Camden, Ealing, Greenwich, Hackney, Halton, Hammersmith and Fulham, Haringey, Hartlepool, Islington, Kingston-upon-Hull, Lambeth, Lewisham, Newham, Salford, Sandwell, Southwark, Tower Hamlets, Waltham Forest, or Wandsworth,
£25,000 where the relevant authority is St. Helens, Wirral, Bradford, or Barnsley,
£30,000 in any other case;
“the relevant parent” means (where the student’s parents do not live together as husband and wife), the parent with whom the student normally resides, or where the student is not an independent student but does not normally reside with either of his parents, whichever of the student’s parents as the authority determines.
Other Conditions
6
1
The conditions specified in this regulation are —
a
that —
i
where the relevant area is the area of an authority specified in Part I of the Schedule, the student’s final school year was the 1998–1999, 1999–2000 or 2000–2001 school year, if the student attended school, or the 1998–1999, 1999–2000 or 2000–2001 academic year if he did not attend school,
ii
where the relevant area is the area of an authority specified in Part II of the Schedule (or the wards in East Lancashire specified in paragraph (b) of the definition of “relevant area”), the student’s final school year was the 1999–2000 or 2000–2001 school year if the student attended school, or the 1999–2000 or 2000–2001 academic year if he did not attend school;
b
that regulation 6(1)(b) of the Education Maintenance Allowance (Pilot Areas) Regulations 2000 (signature of education maintenance allowance learning agreement) was complied with before 20th August 2001 or (subject to paragraphs (2) and (3)) that —
i
a parent of the student and the student have signed an education maintenance allowance learning agreement, unless the student is an independent student or a looked after student when he starts to attend the institution;
ii
a person nominated by the relevant authority and the student have signed an education maintenance allowance learning agreement, if the student is a looked after student when he starts to attend the institution; or
iii
the student has signed an education maintenance allowance learning agreement if the student is an independent student,
in each case relating to the student and to the institution which the student attends (or, if the student attends more than one institution, relating to each institution which the student attends) and that the education maintenance allowance learning agreement has in each case also been signed on behalf of the institution (or, as the case may be, each institution);
c
where the condition in regulation 4 is satisfied by virtue of regulation 4(a) that either —
i
the person responsible for the student was entitled to child benefit under Part IV of the 1992 Act for the week in which the date by reference to which the condition was satisfied falls; or
ii
the student was entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for the date by reference to which the condition was satisfied;
d
that neither the student nor either of his parents receive during the academic year in respect of which the allowance is paid any payment pursuant to regulations made under section 485 of the Education Act 1996 in respect of the student’s attendance on a dance or drama course; and
e
that the student and the student’s parents provide the relevant authority with such information and make such declarations as the authority may reasonably require.
2
Where a student is to be educated otherwise than at a relevant educational establishment paragraph (1)(b) shall have effect as if —
a
references to attending the institution had effect as references to being educated otherwise than at an institution;
b
the reference to the institution which the pupil attends had effect as a reference to the education which the student is to be provided with; and
c
the reference to the education maintenance allowance learning agreement being signed on behalf of the institution was a reference to such agreement being signed on behalf of the local education authority.
3
Paragraph (1)(b) shall not apply to the extent that the relevant authority consider that it would be impracticable by reason of any disability for the parent of the student or the student to sign the education maintenance allowance learning agreement.
Meaning of education maintenance allowance learning agreement
7
1
For the purposes of these Regulations an education maintenance allowance learning agreement is a document —
a
specifying responsibilities which the institution intends to discharge in connection with the education of the student in question;
b
specifying, unless the student is an independent student, the responsibilities which the parents of the student are expected to discharge in connection with the education of the student in question; and
c
specifying or providing for the specification of the institution’s expectations of the student, that is to say the expectations of the institution as regards —
i
attendance,
ii
the completion of tasks assigned to the student,
iii
the conduct of the student,
iv
any other appropriate matter;
d
specifying the learning goals for the student; and
e
which states the effect of such of regulations 8, 9, 10 and 11 as are appropriate to the student in question.
2
Where a student is to be educated other than at an institution paragraph (1) shall have effect as if for “the institution” there were substituted “the local education authority”.
Weekly allowance
8
1
Except as provided in paragraph (7) and subject to paragraphs (2) and (4) an allowance (“a weekly allowance”) may be paid in respect of each week during which the student —
a
is in full-time education at a relevant educational establishment for the purpose of being provided with education which is not advanced education;
b
is being educated otherwise than at such an establishment, is being provided with education which is not advanced education and, in the opinion of the relevant authority in question, is in full-time education; or
c
is undertaking unsupervised study for the purpose of preparation for an examination which he is entering in connection with the education referred to in sub-paragraph (a) or (b).
2
A weekly allowance shall only be paid in respect of a week any weekday of which falls outside the term of the institution which the student attends if the student has during that week spent at least 12 hours in connection with the course which he is pursuing —
a
receiving instruction or tuition,
b
undertaking unsupervised study or practical work; or
c
taking part in any exercise, experiment or project for which provision is made in the curriculum of the course which the student is pursuing, and for the purpose of this paragraph no account shall be taken of time occupied by meal breaks or time spent on unsupervised study whether undertaken on or off the premises of the institution.
3
In paragraph (2) above “weekday” means any day other than a Saturday or Sunday.
4
No weekly allowance shall be paid —
a
in respect of any week if the institution has notified the relevant authority that in their opinion the student has without good reason failed to do anything that is expected of him in accordance with the education maintenance allowance learning agreement and, where the relevant authority is Coventry or Kingston upon Hull, if the institution has notified the relevant authority to this effect on at least one previous occasion during the term in question;
b
in respect of any week which starts after the end of the period of eligibility;
c
in a case where regulation 5(4) applies and the relevant authority determines after the beginning of the academic year that the condition contained in regulation 5(1) is to be treated as satisfied, in respect of any week in a term before the term following the date on which the relevant authority so determine;
d
if payment of a weekly allowance (by any relevant authority) has already been made in respect of the relevant number of terms;
e
if payment of a weekly allowance (by any relevant authority) has already been made, or would have been made but for sub-paragraph (a), in respect of 38 weeks in the academic year in question;
f
in respect of any week in which the student is in receipt of a jobseekers allowance (payable under the Jobseekers Act 1995) or a training allowance; or
g
in respect of any week beginning before the first date by reference to which both the condition in regulation 4 which is applicable to the student in question and the condition in regulation 6(1)(c) if applicable is satisfied;
h
where the condition specified in regulation 5 is not satisfied at the beginning of the academic year but is, by virtue of regulation 5(6), satisfied during the academic year, in respect of any week beginning before the date on which that condition is satisfied.
5
For the purpose of paragraph (4)(d) —
a
a payment of a weekly allowance is made “in respect of” a term if a payment is made, or would have been made but for paragraph (4)(a), in respect of any week falling within that term;
b
the relevant number of terms is —
i
three times the number of terms in each academic year if the student is a student with assessed learning difficulties or is a vulnerable student,
ii
twice the number of terms in each academic year in any other case;
c
in a case where regulation 5(4) applies and the relevant authority determines, after the beginning of the academic year, that the condition contained in regulation 5(1) is to be treated as satisfied, payment of a weekly allowance shall be treated as having been made in respect of each term in the academic year in which the relevant authority so determines.
6
Where a student is educated otherwise than at a relevant educational establishment paragraph (2) shall not apply and paragraph (4) shall have effect as if —
a
for sub-paragraph (a) there were substituted —
a
in respect of any week if the relevant authority are of the opinion that the student has without good reason failed to do anything that is expected of him in accordance with the education maintenance allowance learning agreement and, where the relevant authority is Coventry or Kingston upon Hull, if the relevant authority has formed this opinion in respect of at least one previous week during the term in question
; and
b
paragraph (d) were omitted.
7
No weekly allowance may be paid where the relevant authority is Suffolk, Sunderland or East Lancashire.
8
In the regulation “training allowance” means a payment made by the Secretary of State to the student in connection with his use of facilities arranged by the Secretary of State pursuant to section 2 of the Employment and Training Act 1973 , or a payment made by the Learning and Skills Council for England to the student under section 5(1)(c) of the Learning and Skills Act 2000.
Termly bonus
9
1
Except as provided in paragraph (6) or where paragraph (2) or (3) applies, and subject to paragraph (4), an allowance (“a termly bonus”) may be paid in respect of any term period where the institution has notified the relevant authority that in its opinion the student has attended the institution for the apropriate percentage of the hours for which he is expected to attend in accordance with the education maintenance allowance learning agreement and has otherwise done everything else that is expected of him in accordance with the learning agreement or had good reason for failing to do so.
2
Except as provided in paragraph (6) where a student has attended more than one institution a termly bonus may, subject to paragraph (4), be paid in respect of any term period where —
a
the relevant authority determine (in the light of notifications from the institutions giving their opinion as to the number of hours for which the student has attended the institution and the number of hours for which he is expected to attend the institution in accordance with the education maintenance allowance learning agreement) that the student has attended the institutions taken together for the appropriate percentage of the aggregate of the hours which he is expected to attend in accordance with the learning agreements; and
b
each institution has notified the relevant authority that the pupil has otherwise done everything else that is expected of him in accordance with the learning agreement.
3
Where a student is educated otherwise than at a relevant educational establishment a termly bonus may, subject to paragraph (4), be paid in respect of any term period where the relevant authority are of the opinion that the student has done everything that is expected of him under the learning agreement.
4
No termly bonus shall be paid —
a
if a weekly allowance cannot be paid in respect of any week in that term period by reason of regulation 8(4)(d); or
b
in respect of any term period which starts after the end of the period of eligibility.
5
In this regulation —
a
“the appropriate percentage” is —
i
where the relevant authority is Suffolk, East Lancashire or Sunderland, 90 per cent., and
ii
in any other case, 95 per cent.; and
b
“term period” (in relation to a student educated at an institution) means —
i
where the relevant authority is Suffolk, East Lancashire, or Sunderland, such part of the institution’s term as may be determined by the authority provided that there shall be two term periods in each term of the institution, and
ii
in any other case, the institution’s term,
and in relation to a student educated other than at an institution means such period as the relevant authority may determine.
6
No termly bonus may be paid where the relevant authority is North East Lincolnshire or Worcestershire.
Achievement bonus
10
1
Except as provided in paragraph (5) and subject to paragraph (2) an allowance (“an achievement bonus”) may be paid in respect of any student who achieves any learning goal specified in the education maintenance allowance learning agreement arising from being in full-time education.
2
No achievement bonus shall be paid in respect of any such learning goal where the course which led to the achievement of the learning goal started after the end of the period of eligibility.
3
Except in the case of a vulnerable student no achievement bonus shall be paid —
a
if an achievement bonus has already been paid (by any relevant authority) —
i
three times, where the student is a student with assessed learning difficulties, or
ii
twice in any other case; or
b
if an achievement bonus has already been paid (by any relevant authority) in respect of another learning goal where the course which led to that learning goal ended in the same academic year as the course which led to the learning goal in question.
4
No achievement bonus may be paid where the relevant authority is North East Lincolnshire or Worcestershire.
Special allowance
11
1
Where the relevant authority is Cornwall, Nottingham, Stoke-on-Trent or Walsall an allowance may be paid in respect of any student —
a
who has not done everything that is expected of her in accordance with the education maintenance allowance learning agreement because of pregnancy or confinement, and
b
to whom (by reason of the pregnancy or confinement) a weekly allowance was not paid by reason of regulation 8(4)(a),
if the conditions in paragraph (2) are satisfied.
2
The conditions are that —
a
the period during which she did not do everything that was expected of her in accordance with the education maintenance allowance learning agreement does not exceed 18 weeks; and
b
after the expiry of the period referred to in sub-paragraph (a) above, she does everything that is expected of her in accordance with the learning agreement for a continuous period of 4 weeks unless in the opinion of the institution (or the relevant authority where the student is educated otherwise than at a relevant educational establishment), she has good reason for failing to do so.
Revocation
12
The Education Maintenance Allowance (Pilot Areas) Regulations 2000 are hereby revoked.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department for Education and Skills
31st July 2001


text:
Citation and Commencement
1
This order shall be cited as the Halifax Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st January 2002.
Interpretation
2
In this order —
“Halifax Education Action Zone” means the Education Action Zone established by the Halifax Education Action Zone Order 1998 .
Extension of the Halifax Education Action Zone Order 1998
3
The Halifax Education Action Zone is extended for a further period of two years beginning with 1st January 2002.
Variation of the Halifax Education Action Zone Order 1998
4
There shall be inserted after article 9 of the Halifax Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4a or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist;
d
in the case of a member appointed pursuant to article 5(a), (b), (c) or (d), if that person no longer appears to the Forum to represent the interests of either head teachers, governors, or parents of pupils at zone schools, or business in the area served by the zone schools, as the case may be;
e
in the case of a member appointed pursuant to article 5(e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o), (p), or (q), if that person no longer appears to the Forum to represent either voluntary, community and charitable sectors in the area served by the zone schools: the Design Dimension Educational Trust; the health sector in the area served by the zone schools; the Social Services Department of the Council of the Metropolitan Borough of Calderdale, the West Yorkshire Police Force, the Calderdale Federation of Professional Teachers Association, the Calderdale Association for Parents; UNISON; the Diocese of Leeds School Commission, the Wakefield Diocesan Board of Education, the Calderdale and Kirklees Careers Service Partnership, the University of Huddersfield, or the Calderdale Childcare Partnership, as the case may be;
f
in the case of a member appointed pursuant to article 5(s), if that person no longer appears to the Forum to be able to further the objects of the zone.
5
1
The Halifax Education Action Zone Order 1998 is varied as follows:
2
In Schedule 1, the words “Calderdale and Kirklees TEC” are deleted.
3
In Schedule 2, the words “Queens Road Junior and Infant School” are deleted.
Stephen Timms
Minister of State,
Department for Education and Skills
28th November 2001


text:
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2001 and shall come into force on 20th July 2001.
2
The Education (Grants for Disabled Postgraduate Students) Regulations 2000 shall be amended as follows.
3
In regulation 4(1)(a) delete the words “providing education the standard of which is higher than that of a first degree course and”.
4
In regulation 9(2) substitute for the amount “£5,000” the amount “£5,120”.
5
These Regulations shall not have effect in relation to an academic year (as defined in regulation 2(6) of the Education (Grants for Disabled Postgraduate Students) Regulations 2000) which begins before 1st September 2001.
Margaret Hodge,
Minister of State,
Department for Education and Skills
25th June 2001


text:
1
These Regulations may be cited as the Rules of the Air (Amendment) Regulations 2001, and shall come into force on 1st April 2001.
2
The First Schedule to the Rules of the Air Regulations 1996 shall be amended by substituting for rule 31(3)(a):
3
a
subject to sub-paragraph (b), the commander of the aircraft shall fly in conformity with:
i
the air traffic control clearance issued for the flight, as amended by any further instructions given by an air traffic control unit; and
ii
aa
the instrument departure procedures notified in relation to the aerodrome of departure, unless he is otherwise authorised by the appropriate air traffic control unit ; and
bb
the holding and instrument approach procedures notified in relation to the aerodrome of destination, unless he is otherwise authorised by the appropriate air traffic control unit.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
9th March 2001