text:
Citation and commencement
1
These Regulations may be cited as the School Organisation Proposals by the Learning and Skills Council for England Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000;
“city academy” shall be construed in accordance with section 482(3)(c) of the Education Act 1996 ;
“ the Council ” means the Learning and Skills Council for England;
“further education college” means an institution within the further education sector (within the meaning of section 91(3) of the Further and Higher Education Act 1992) ;
“16 to 19 institution” means a maintained school which —
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age;
“mainstream school” means a maintained school other than a special school;
“proposals to discontinue a sixth form” means proposals such as are mentioned in paragraph 16(1) of Schedule 7;
“the school organisation committee” means the school organisation committee for the area of the local education authority who maintain the school the subject of the proposals;
“special school” means a community or foundation special school;
“statement of special educational needs” means a statement of special educational needs maintained under Part IV of the Education Act 1996.
2
Any reference to Schedule 7 is a reference to Schedule 7 to the 2000 Act.
3
For the purposes of these Regulations the date of publication of proposals is —
a
the date on which the requirements of regulation 4 are satisfied; and
b
where different requirements are satisfied on different days, on the last of such days.
Information to be contained in published proposals
3
1
This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7, the information which proposals published under paragraph 16 or 24 of Schedule 7 must contain.
2
Such proposals must contain the information specified in Schedule 1 to these Regulations.
Manner of publication of proposals
4
1
This regulation prescribes for the purposes of paragraphs 16(2) and 24(2) of Schedule 7 the manner of publication of proposals required to be published under paragraph 16 or 24 of Schedule 7.
2
Where the school is mainstream school, such proposals shall be published —
a
by being posted in a conspicuous place in the area served by the school;
b
in at least one newspaper circulating in that area; and
c
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
3
Where the school is a special school, such proposals shall be published —
a
in at least one newspaper circulating in the area of the local education authority who maintain the school; and
b
by being posted at or near the main entrance to the school or, if there is more than one main entrance, all of them.
Information to be sent to the school organisation committee
5
1
This regulation prescribes for the purposes of paragraphs 17(1)(b) and 25(1)(b) of Schedule 7 the information which the Council must send to the school organisation committee.
2
The Council shall send to the school organisation committee the information specified in Part II of Schedule 2 to these Regulations, where the school is a mainstream school, or Part III of that Schedule, where the school is a special school, together with —
a
the information specified in Part IV of that Schedule, where the proposals are to discontinue a sixth form; or
b
the information specified in Part V of that Schedule, where the proposals are to discontinue a 16–19 institution.
Other bodies to whom information should be sent — special schools
6
1
This regulation prescribes for the purposes of paragraphs 17(2) and 25(2) of Schedule 7 the bodies or persons to whom, in the case of a special school, the Council shall also send a copy of the published proposals and the information referred to in regulation 5.
2
The Council shall send a copy of the published proposals to —
a
the local education authority who maintain the school;
b
each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
c
the parents of each registered pupil at the school;
d
any Health Authority who acts for any area which includes any part of the area of the local education authority who maintain or who it is proposed should maintain the school; and
e
any National Health Service Trust who have responsibility for the ownership or management of any hospital or other establishment or facilities in the area of the local education authority who maintain the school.
3
The Council shall send a copy of the information referred to in regulation 5 to the local education authority who maintain the school.
Objections to proposals
7
1
This regulation prescribes for the purposes of paragraph 34 of Schedule 7 the period within which objections to the proposals may be sent to the school organisation committee.
2
Objections to proposals published under paragraph 16 or 24 of Schedule 7 shall be sent to the school organisation committee within one month after the date of publication of the proposals.
Approval of proposals subject to modifications after consultation
8
1
This regulation prescribes, for the purpose of paragraph 35(3) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 35(7) of that Schedule the bodies with whom the school organisation committee or, as the case may be, the adjudicator, must consult before approving proposals subject to modifications.
2
The bodies prescribed are —
a
the Council;
b
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
c
the local education authority who maintain the school; and
d
the governing body of the school.
Conditional approvals
9
1
This regulation prescribes kinds of events for the purposes of paragraph 35(4) of Schedule 7 (which provides that approvals given under paragraph 35(1)(b) or (c) of Schedule 7 may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind).
2
The kinds of events are —
a
the making of an agreement under section 482(1) of the Education Act 1996 for the establishment of a school to be known as a city academy, where the proposals provide for some or all of the pupils currently at the school the subject of the proposals to transfer to such a school;
b
any of the following events relating to any other school or proposed school in respect of which proposals have been published under sections 28 or 31 of the 1998 Act —
i
the grant of planning permission under Part III of the Town and Country Planning Act 1990 ;
ii
the acquisition of a site on which the new school, a proposed enlargement of the premises of the school or other alteration of the premises of the school is to be constructed;
iii
the acquisition of playing fields to be provided for the school;
iv
the securing of any necessary access to a site or playing fields referred to in paragraphs (ii) and (iii) respectively of this sub-paragraph;
v
the entering into of a private finance transaction within the meaning of regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 ;
vi
the making of any scheme relating to any charity connected with the school or proposed school.
Period after the expiry of which proposals must be referred to the adjudicator if requested
10
1
This regulation prescribes periods for the purposes of paragraphs 35(6) and 37(1) of Schedule 7, (which provide that, if by the end of a prescribed period a school organisation committee has not determined what action to take and if the Council so requests, the committee shall refer the proposals or question to the adjudicator, and such reference is made in accordance with regulation 14).
2
For the purposes of paragraph 35(6) of Schedule 7 the period, subject to paragraph (4), is the period ending two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 34 of Schedule 7 and regulation 7(2), or (if later) two months from the date on which the committee receive the information referred to in regulation 5.
3
For the purposes of paragraph 37(1) of Schedule 7 the period, subject to paragraph (4), is the period ending —
a
where the question relates to a request for modification of proposals, one month from the date which the committee notify bodies whom they consult (pursuant to paragraph 36(2)(a) of Schedule 7 and regulation 11(2)) is to be the date by which responses to the consultation must be received;
b
where the question relates to a request to substitute a later time, one month from the date of the request (pursuant to paragraph 36(2)(b) of Schedule 7); and
c
where the question relates to a proposal for the committee to make a determination under paragraph 36(2)(c) of Schedule 7, two months from the end of the period within which objections may be sent to the committee in accordance with paragraph 7 of Schedule 3 to these regulations, or (if later) two months from the date on which the committee receive the information specified in paragraph 5 of that Schedule.
4
Where in the opinion of the committee proposals or a question such as are referred to in paragraphs (2) or (3) (“proposal A”) are related to proposals published under section 28, 29 or 31 of the 1998 Act, or to a matter such as is mentioned in paragraph 5 of Schedule 6 to that Act (“proposal B”) and the period relating to proposal A prescribed under paragraph (2) or (3) would end earlier than the period prescribed in relation to proposal B in regulations made under paragraph 3(5) or 5(5) or Schedule 6 to the 1998 Act, the period relating to proposal A shall expire at the same time as the period relating to proposal B.
Modification of approved proposals
11
1
This regulation prescribes, for the purposes of paragraph 36(2) of Schedule 7 or, as the case may be, that sub-paragraph as applied by paragraph 37(3) of that Schedule the bodies whom a school organisation committee or, as the case may be, the adjudicator must consult before modifying approved proposals.
2
Before modifying approved proposals a school organisation committee or the adjudicator shall consult —
a
the local education authority who maintain the school,
b
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school, and
c
the governing body of the school.
Provision of information
12
1
The school organisation committee shall, within two weeks of the date on which such proposals were sent to them, send to the Secretary of State a copy of all published proposals which are sent to them under paragraph 17 or 25 of Schedule 7 or paragraph 5 of Schedule 3 to these Regulations.
2
The school organisation committee shall notify the following persons of each decision taken under paragraph 35(1) or 36(2) of Schedule 7 —
a
the Council;
b
the local education authority who maintain the school;
c
where the school is a special school, each local education authority who maintain a statement of special educational needs in respect of a registered pupil at the school;
d
the governing body of the school to which the proposals relate;
e
subject to paragraph (6), each objector; and
f
the Secretary of State.
3
The school organisation committee shall notify the persons referred to in sub-paragraphs (a) to (d) and (f) of paragraph (2) if they refer any proposals or question to the adjudicator under paragraph 35(5) or (6), or 37(1) or (2) of Schedule 7.
4
The adjudicator shall notify the persons referred to in paragraph (2) of each decision taken under paragraph 35(7) or 37(3) of Schedule 7 other than any decision provision for the notification of which is made by regulation 15 of the Education (Adjudicators Inquiry Procedure etc. ) Regulations 1999 .
5
Where, pursuant to paragraph (2) the school organisation committee notify the persons referred to in that paragraph of a decision they shall also give reasons for that decision.
6
Where objections to a proposal take the form of a petition (that is to say a document containing the text of one objection signed by more than one objector) the school organisation committee or the adjudicator may comply with paragraph (2) or (4) by —
a
notifying the person (if any) who appears to them to have arranged for the petition to be sent to the school organisation committee; or
b
if there is no such person, notifying the objector whose name appears first on the petition.
7
Where proposals (“proposals A”) have been sent to the school organisation committee under paragraphs 17 or 25 of Schedule 7, and subsequently further proposals are sent to the committee under section 28(6), 29(5) or 31(5) of the 1998 Act which in the opinion of the committee are related to proposals A the school organisation committee shall notify the Council of that fact and of the effect of regulation 10(4).
Voting of committee on proposals
13
1
In this Regulation references to a group of members of a school organisation committee shall be construed in accordance with the Education (School Organisation Committees) (England) Regulations 1999 .
2
Each group of members shall collectively have a single vote in relation to any decision of the committee as to —
a
what action to take under paragraph 35 of Schedule 7 in relation to proposals;
b
whether to take any action under paragraph 36(2) of Schedule 7;
c
what recommendation to give in accordance with paragraph 35(1) of Schedule 7 where that sub-paragraph applies with the modifications specified in paragraph 3 of Schedule 4 to these Regulations; and
d
whether to defer consideration of whether to make any decision or recommendation on any of the matters referred to in sub-paragraphs (a) to (c) above.
3
All decisions or questions referred to in paragraph (2) shall be unanimous decisions of those voting.
Time within which reference must be made to the adjudicator
14
1
Where by virtue of paragraph 35(5) or 37(2) of Schedule 7, the committee are required to refer any proposals or question to the adjudicator they shall do so within two weeks of the date on which the committee voted but failed to reach a unanimous decision.
2
Where by virtue of paragraph 35(6) or 37(1) of Schedule 7, the committee are required to refer any proposals or question to the adjudicator they shall do so within two weeks of the receipt of the request under either of those paragraphs.
Proposals published under paragraph 36(4) of Schedule 7
15
Schedule 3 to these Regulations has effect in relation to proposals published under paragraph 36(4) of Schedule 7 (proposals previously published and approved under Schedule 7 not to be implemented).
Schools situated outside the area of the local education authority who maintain them
16
Schedule 4 to these Regulations shall have effect for specifying the modifications to which Parts II and III of Schedule 7 are to be subject in relation to a community, voluntary or foundation school in England which is situated in an area other than that of the local education authority who maintain it.
Change of category of school
17
Where, after proposals have been published under paragraph 16(2) or 24(2) of Schedule 7 but before they have been implemented, a school changes category under Schedule 8 to the 1998 Act from a community or community special school the proposals shall (to the extent that they have not been implemented) be implemented by the local education authority (despite paragraph 38 of Schedule 7).
Tessa Blackstone
Minister of State,
Department for Education and Employment
5th March 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Strategic Rail Authority (Capital Allowances) Order 2001 and shall come into force on 1st February 2001.
2
In this Order —
“ the Act ” means the Transport Act 2000, and
“the BTP Transfer” means the transfer of property, rights and liabilities effected by paragraph 11 of Schedule 18 to the Act.
Capital Allowances for plant and machinery on transfer to the Strategic Rail Authority from the Franchising Director
2
1
Paragraph (2) applies in relation to the property to which a transfer to the Authority by virtue of section 215 of the Act relates and which is plant and machinery of the type described in sub-paragraph (1)(b) of paragraph 5 of Schedule 26 to the Act.
2
For the purposes of the Capital Allowances Acts, the Authority shall be taken to have incurred, on the provision of the property described in column (1) of the table in the Schedule to this Order, capital expenditure of the amount specified against that property in column (2) of that table.
Capital Allowances for plant and machinery on transfer of property, rights and liabilities relating to the British Transport Police
3
1
The amounts to be allocated to the Strategic Rail Authority for the purposes of sub-paragraph (3) of paragraph 13 of Schedule 26 to the Act, in respect of expenditure by reference to which capital allowances may be made by virtue of sub-paragraph (2) of that paragraph, shall be such amounts as the Secretary of State shall determine to be equal to the amount or amounts which on the assumptions specified in paragraph (2) below would, but for the BTP Transfer, have represented the balance referred to in paragraph (3) below.
2
The assumptions referred to in paragraph (1) are that —
a
the activity of the Board comprising the discharge of the functions (including any matters undertaken for the purpose of discharging those functions) transferred by Schedule 18 to the Act had at all times been a separate trade from any other carried on by the Board, and
b
an accounting period of the Board had ended immediately prior to the time at which the transfer effected by the BTP Transfer comes into effect.
3
The balance referred to in paragraph (1) above is such a balance as, in calculating the qualifying expenditure of the Board for the purposes of computing the profits of the separate trade referred to in paragraph 2(a) above for the accounting period starting immediately after the accounting period referred to in paragraph 2(b) above, would have constituted the balance referred to in section 25(1)(b) of the Capital Allowances Act 1990 .
4
Any determination pursuant to paragraph 1 above may be modified by the Secretary of State on one or more occasions if it should appear to him that the total amounts of expenditure attributable to the Board, in relation to any particular category of property by reference to which capital allowances may be made, is different from that taken into account by the Secretary of State when the original determination in respect of the relevant matters, or (as the case may be) any modification previously made under this paragraph to such determination, was made.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
26th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Hart (Parishes and Electoral Changes) Order 2001.
2
This article and article 2 shall come into force on 1st April 2001.
3
Articles 3, 4, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
4
Articles 5 and 7 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Blackwater and Hawley, and Yateley, respectively, to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
5
Article 6 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Crookham Village to be held on 6th May 2004, on 10th October 2003;
b
for all other purposes, on 6th May 2004.
6
In this Order —
“district” means the district of Hart;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Hart (Parishes and Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Transfers between parishes
2
1
The area shaded in blue and designated by the letter “A” on sheet 1 shall cease to be part of the parish of Blackwater and Hawley and the Minley parish ward of that parish and shall become part of the parish of Hartley Wintney.
2
The area shaded in blue and designated by the letter “B” on sheet 1 shall become part of the parish of Blackwater and Hawley and the Minley parish ward of that parish.
3
The area shaded in blue and designated by the letter “C” on sheet 1 shall become part of the parish of Hartley Wintney.
4
The area shaded in blue and designated by the letter “D” on sheet 1 shall cease to be part of the parish of Hartley Wintney.
Wards of the district of Hart
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into eighteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards, or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map 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 Hart
4
1
Subject to the following provisions of this article, elections of councillors for wards of the district shall be by thirds.
2
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the district immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Blackwater and Hawley
5
1
The wards of the parish of Blackwater and Hawley as they exist immediately before 10th October 2002 shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Ancells, Blackwater and Minley; and each parish ward shall comprise the area designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Blackwater and Minley parish wards shall be three, and for the Ancells parish ward shall be one.
Wards of the parish of Crookham Village
6
The parish of Crookham Village shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Yateley
7
1
The existing wards of the parish of Yateley shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Frogmore and Darby Green, Yateley East, Yateley North and Yateley West; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Yateley East, Yateley North and Yateley West parish wards shall be four, and for the Frogmore and Darby Green parish ward shall be five.
Parish Elections
8
1
Elections of all parish councillors for the parishes of Greywell, Long Sutton and South Warnborough shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parishes of Bramshill and Eversley shall be three years.
3
Elections of all parish councillors for the parishes of Bramshill and Eversley shall be held simultaneously on the ordinary day of elections of councillors in 2003 and every fourth year after 2003.
4
Elections of all parish councillors for the parishes of Crondall, Crookham Village and Dogmersfield, shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
5
The term of office of any parish councillor to whom paragraph (1) or paragraph (4) of this article applies shall be four years; and those parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement, and the newly-elected councillors shall come into office on the day on which their predecessors retire.
6
Where any provision of an order made before the making of this Order requires an election of parish councillors for the parish of Bramshill or the parish of Eversley to be held on a date other than that for which paragraph (3) provides, it shall cease to have effect to that extent.
Revocation
9
The District of Hart (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
14th March 2001


text:
Citation and commencement
1
These Regulations shall be cited as the Social Security (Claims and Information and Work-focused Interviews for Lone Parents) Amendment Regulations 2001 and shall come into force on 23rd April 2001.
Amendment of the Social Security (Claims and Information) Regulations 1999
2
In regulation 17 of the Social Security (Claims and Information) Regulations 1999 (partners of claimants) —
a
in paragraph (1), for the words “paragraph (3) is satisfied” there shall be substituted the words “one or more of the qualifying benefits has been payable to the claimant for at least six months”;
b
at the end of paragraph (2), there shall be added the following —
;
invalid care allowance
;
c
paragraph (3) shall be omitted.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
3
In regulation 5(1) of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 (deferment of requirement to take part in an interview), for the words “at that time” there shall be substituted the words “until that time”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
26th March 2001


text:
1
This Order may be cited as the A140 North of Ipswich to Norwich Trunk Road (A14 Coddenham to A47 Norwich Southern Bypass) Detrunking Order 2001 and shall come into force on 1st June 2001.
2
In this Order —
i
“the plan”
means the plan numbered L306GB/401/A140/1-6, marked The A140 North of Ipswich to Norwich Trunk Road (A14 Coddenham to A47 Norwich Southern Bypass) Detrunking Order 2001 signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, Room G44, St Christopher House, Southwark Street, London SE1 0TE;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A140 trunk road.
3
From the date when this Order comes into force the length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W S C Wadrup
A Divisional Director in The Highways Agency
20th March 2001


text:
Commencement and Citation
1
These Regulations may be cited as the Employment Zones (Amendment) ( No. 2) Regulations 2001 and shall come into force on 2nd July 2001.
Amendment of the Employment Zones Regulations 2000
2
The Schedule to the Employment Zones Regulations 2000 shall be amended as follows —
a
the entries in columns 1 and 2 relating to the Employment Zone of Merthyr Tydfil, Caerphilly and Blaenau Gwent shall be omitted and the following substituted —
i
in column 1, “Heads of the Valleys and Caerphilly”;
ii
in column 2, “The county borough of Blaenau Gwent, the county borough of Caerphilly, the county borough of Merthyr Tydfil and the county borough of Torfaen.”;
b
in relation to the employment zone of Doncaster, after “the metropolitan district of Rotherham” there shall be added “and the non-metropolitan district of Bassetlaw”.
Tessa Jowell
Minister of State,
Department for Education and Employment
10th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospital Birmingham National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
In this Order —
“the new trustees” means the trustees for the University Hospital Birmingham National Health Service Trust ;
“the NHS trust” means the University Hospital Birmingham National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 12th January 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 NHS trust 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.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
4th February 2001


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Health) Order 2001 and shall come into force on 14th March 2001.
Application of the Health Act 1999 to the Isles of Scilly
2
Part I and Part III of the Health Act 1999 shall apply to the Isles of Scilly with the modification that, in the application of those provisions to those Isles, any reference to a local authority is to be construed as a reference to the Council of the Isles of Scilly .
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
17th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Fylde (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 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of Fylde;
“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 Fylde (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 Fylde
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
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 Fylde
3
1
The ordinary elections of all councillors of the borough of Fylde shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Freckleton
4
1
The existing wards of the parish of Freckleton shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Freckleton East and Freckleton West; each parish ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Kirkham
5
1
The existing wards of the parish of Kirkham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Kirkham North and Kirkham South; and each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for the Kirkham North parish ward shall be six and for the Kirkham South parish ward shall be four.
Revocation
6
The Borough of Fylde (Electoral Arrangements) Order 1975 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
3rd July 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2001, and shall come into force on 31st January 2001.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of the Claims and Payments Regulations
2
In the Claims and Payments Regulations —
a
in regulation 35 at the end of paragraph (1) there shall be inserted the words “and Schedule 9B”; and
b
after Schedule 9A there shall be inserted the Schedule set out in the Schedule to these Regulations.
Transitional provision
3
No deduction shall be made under paragraph 7A or 7B of Schedule 9 to the Claims and Payments Regulations in respect of maintenance to which Schedule 9B applies.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
8th January 2001


text:
Citation and commencement
1
This Order shall be cited as the “Next Step” North East Lincolnshire Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“North East Lincolnshire Education Action Zone” means the Education Action Zone established by the “Next Step” North East Lincolnshire Education Action Zone Order 1998 .
Extension of the North East Lincolnshire Education Action Zone
3
The North East Lincolnshire Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Variation of the “Next Step” North East Lincolnshire Education Action Zone Order 1998
4
There shall be inserted after article 9 of the “Next Step” North East Lincolnshire 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 4(a) 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; and
d
in the case of a member appointed pursuant to article 5, if that person no longer appears to the Forum to represent the interests of either business, parents of compulsory school age children in the area served by the zone schools, or education in the area served by zone schools, as the case may be.
5
1
The “Next Step” North East Lincolnshire Education Action Zone Order 1998 is varied as follows:
2
The words in Schedule 1 after “the following persons are “partners” for the purposes of appointing additional members of the Forum:” shall be deleted and instead will be inserted:
North East Lincolnshire Council Cabinet Member with Portfolio for Learning and Childcare
The Chief Education Officer for North East Lincolnshire Council
World Challenge Expeditions Limited
Immage Studios Limited
OSN Limited
3
The words in Schedule 2 after “schools comprising for zone” shall be deleted and instead will be substituted:
Grange Infants and Nursery School/Grange Junior School, Cambridge Road, Grimsby, DN34 5TA
Havelock School, Holyoake Road, Grimsby, DN32 8JL
Hereford Technology School, Westward Ho, Grimsby, DN34 5AH
Littlecoates Primary School, Harlow Street, Grimsby, DN31 2XQ
Nunsthorpe Community School/Nunsthorpe Nursery School, Sutcliffe Avenue, Grimsby, DN33 1AN
Strand Infants School, Albion Street, Grimsby, DN32 7DL
Strand Junior School, Strand Street, Grimsby, DN32 7BE
Weelsby Primary School, Weelsby Street, Grimsby, DN32 7PF
Western Primary School, Broadway, Grimsby, DN34 5RS
Western Technology School, Cambridge Road, Grimsby, DN34 5TE
Woodlands Primary School, Pinewood Crescent, Grimsby, DN33 1RJ
Yarborough Primary School, Yarrow Road, Grimsby, DN34 4JU
.
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Scope of Permission Notices) Order 2001 and comes into force on 1st December 2001.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the Authorised Persons Order ” means the Financial Services and Markets Act 2000 (Transitional Provisions) (Authorised Persons etc. ) Order 2001 ;
“commencement” means the beginning of 1st December 2001;
“the Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Revision of scope of permission notices
2
1
This article applies where —
a
the Authority has given, before commencement, a scope of permission notice under article 55 of the Authorised Persons Order;
b
that notice falls within one of the cases specified in article 3;
c
the recipient of the notice has, before commencement, notified the Authority in accordance with article 56(1)(a) of the Authorised Persons Order that he agrees with the matters stated in the notice;
d
the Authority has, before commencement, given that recipient a notice (“the revision notice”) revising the scope of permission notice in a permitted manner.
2
If the recipient of the scope of permission notice does not, on or before 4 January 2002, notify the Authority that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if —
a
the reference to the scope of permission notice in that article were to the scope of permission notice as revised by the revision notice; and
b
the person has agreed to that notice as so revised.
3
If the recipient of the scope of permission notice notifies the Authority on or before 4 January 2002 that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if the revision notice had not been sent.
Cases in which scope of permission notices may be revised
3
The cases specified in this article are as follows:
CASE 1
Where —
a
the recipient of the scope of permission notice was, at the time the notice was sent, an authorised person within the meaning of the Financial Services Act 1986 ;
b
that person is to be treated, by virtue of Part II of the Authorised Persons Order, as having a Part IV permission to carry on a regulated activity of the kind specified by article 14 of the Regulated Activities Order (dealing in investments as principal) in so far as the activity consists of his entering into a transaction relating to contractually based investments;
c
the person is not subject, by virtue of Part III of the Authorised Persons Order, to a requirement imposed under section 43 of the Act preventing him from carrying on the regulated activity in paragraph (b); and
d
the scope of permission notice did not specify that the person had a Part IV permission to carry on the regulated activity in paragraph (b).
CASE 2
Where —
a
the recipient of the scope of permission notice was, at the time the notice was sent, a member of the Personal Investment Authority Limited;
b
the scope of permission notice specified that he had a Part IV permission to carry on a regulated activity of the kind specified by article 53 of the Regulated Activities Order (advising on investments) in relation to a particular specified kind of investment (“investment A”);
c
the person is to be treated, by virtue of Part II of the Authorised Persons Order, as having a Part IV permission to carry on that regulated activity also in relation to rights to or interests in (within the meaning of activity 89 of the Regulated Activities Order) investment A;
d
the person is not subject, by virtue of Part III of the Authorised Persons Order, to a requirement imposed under section 43 of the Act preventing him from carrying on that regulated activity in relation to rights to or interests in investment A; and
e
the scope of permission notice did not specify that he had a Part IV permission to carry on that regulated activity in relation to rights to or interests in investment A.
CASE 3
Where —
a
the scope of permission notice specified that the recipient of the notice has a Part IV permission to carry on a regulated activity in relation to a particular specified kind of investment (“investment B”); and
b
the scope of permission notice purported also to specify that he had permission to carry on that regulated activity in relation to rights to and interests in investments generally rather than only in relation to rights to or interests in investment B.
CASE 4
Where —
a
the recipient of the scope of permission notice was, at the time the notice was sent, a member of either the Investment Management Regulatory Organisation Limited or the Personal Investment Authority Limited;
b
the scope of permission notice specified that he had a Part IV permission to carry on a regulated activity of the kind specified by article 40 of the Regulated Activities Order (safeguarding and administering investments);
c
the scope of permission notice also specified that he was subject to a requirement under section 43 of the Act that he should not hold or control client money; and
d
the person is not subject, by virtue of Part III of the Authorised Persons Order, to that requirement.
CASE 5
Where —
a
the recipient of the scope of permission notice was, at the time the notice was sent, a member of either the Investment Management Regulatory Organisation Limited or the Personal Investment Authority Limited;
b
the scope of permission notice specified that he had a Part IV permission to carry on a regulated activity of the kind specified by either article 51 of the Regulated Activities Order (establishing etc. a collective investment scheme) or article 52 of that Order (establishing etc. a stakeholder pension scheme);
c
the scope of permission notice purported to limit that permission to carrying on the activity in relation to a specified kind of investment; and
d
the Part IV permission that the person is to be treated as having by virtue of Parts II and III of the Authorised Persons Order is not subject to that limitation.
CASE 6
Where —
a
the recipient of the scope of permission notice was, at the time the notice was sent, a member of the Investment Management Regulatory Organisation Limited;
b
the scope of permission notice specified that he had a Part IV permission to carry on a regulated activity of the kind specified by article 21 of the Regulated Activities Order (dealing in investments as agent) for the purpose of stock lending activities;
c
the scope of permission notice purported further to limit his permission so that he could not carry on that activity in relation to investments of the kind specified by article 78 of the Regulated Activities Order (government and public securities); and
d
the Part IV permission that the person is to be treated as having by virtue of Parts II and III of the Authorised Persons Order is not subject to that limitation.
Permitted revisions
4
For the purposes of article 2(1)(d), a revision notice revises the scope of permission notice in a permitted manner if —
a
in Case 1 in article 3, it results in the scope of permission notice specifying that the recipient has a Part IV permission to carry on the regulated activities described in paragraph (b) of that Case;
b
in Case 2 in article 3, it results in the scope of permission notice specifying that the recipient has a Part IV permission to carry on the regulated activity described in paragraph (c) of that Case;
c
in Case 3 in article 3, it results in the scope of permission notice specifying that his Part IV permission to carry on a particular regulated activity in relation to rights to or interests in investments is limited to rights to or interests in investment B (as defined in that Case);
d
in Case 4 in article 3, it results either in the lifting of the requirement that the recipient should not control client money or in the lifting of the requirement that he should not hold or control client money;
e
in Case 5 in article 3, it results in the removal of the limitation described in paragraph (c) of that Case;
f
in Case 6 in article 3, it results in the removal of the limitation described in paragraph (c) of that Case;
g
in any Case in article 3, it results in the scope of permission notice specifying that the recipient has a Part IV permission to carry on a regulated activity of the kind specified by article 64 of the Regulated Activities Order (agreeing to carry on specified kinds of activity) to the extent appropriate having regard to paragraphs (a) to (f) above.
Amendment of earlier provisions
5
1
The Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2001 is amended as follows.
2
In article 29 for paragraphs (2) and (3) substitute —
2
Where this article applies if the person does not, on or before 4 January 2002, notify the Authority that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if —
a
the reference to the scope of permission notice in that article were to the scope of permission notice as revised by the revision notice; and
b
the person had agreed to that notice as so revised.
3
If the person notifies the Authority on or before 4 January 2002 that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if the revision notice had not been sent.
.
3
In article 30 for paragraphs (2) and (3) substitute —
2
Where this article applies if the person does not, on or before 4 January 2002, notify the Authority that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if —
a
the reference to the scope of permission notice in that article were to the scope of permission notice as revised by the revision notice; and
b
the person had agreed to that notice as so revised.
3
If the person notifies the Authority on or before 4 January 2002 that he objects to the revision notice, then article 57(1) of the Authorised Persons Order applies as if the revision notice had not been sent
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 2001


text:
1
This Order may be cited as the Commission Areas (Sussex) Order 2001 and shall come into force on 1st January 2002.
2
In this Order, except where the context otherwise requires: —
“area” means a commission area including any part of the Sussex magistrates' courts committee area;
“abolished area” means one of the areas abolished by article 3(a) below;
“new area” means the area constituted by article 3(b) below;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part I of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 : —
a
the entries for East Sussex and West Sussex shall be omitted;
b
after the entry for Surrey there shall be substituted the following new entry:
Name of commission area Extent of commission area
Sussex The area of Sussex MCC
4
Every person who immediately before 1st January 2002 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the new area, and the commissions of the peace for the abolished areas shall accordingly have effect as commissions of the peace for the new area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Michael Wills
Parliamentary Secretary,
Lord Chancellor’s Department
12th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Race Relations Act 1976 (Statutory Duties) Order 2001 and shall come into force on 3rd December 2001.
2
In this Order —
“the Race Relations Act ” means the Race Relations Act 1976;
“staff” includes any person treated as an employee for the purposes of Part II of the Race Relations Act (Discrimination in the Employment Field); and
references to “150 full-time staff” are references to such number of staff as would, if the hours they work were aggregated, amount to 150 staff working on a full-time basis.
Race equality schemes
2
1
A body or other person specified in Schedule 1 to this Order shall, before 31st May 2002, publish a Race Equality Scheme, that is a scheme showing how it intends to fulfil its duties under section 71(1) of the Race Relations Act and this Order.
2
A Race Equality Scheme shall state, in particular —
a
those of its functions and policies, or proposed policies, which that person has assessed as relevant to its performance of the duty imposed by section 71(1) of the Race Relations Act; and
b
that person’s arrangements for —
i
assessing and consulting on the likely impact of its proposed policies on the promotion of race equality;
ii
monitoring its policies for any adverse impact on the promotion of race equality;
iii
publishing the results of such assessments and consultation as are mentioned in sub-paragraph (i) and of such monitoring as is mentioned in sub-paragraph (ii);
iv
ensuring public access to information and services which it provides; and
v
training staff in connection with the duties imposed by section 71(1) of the Race Relations Act and this Order.
3
Such a person shall, within a period of three years from 31st May 2002, and within each further period of three years, review the assessment referred to in paragraph (2)(a).
Educational bodies
3
1
A body specified in Part I or II of Schedule 2 to this Order shall, before 31st May 2002,
a
prepare a written statement of its policy for promoting race equality (referred to in this article as its “race equality policy”), and
b
have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (3) or (4), as the case may be.
2
Such a body shall,
a
maintain a copy of the statement, and
b
fulfil those duties in accordance with such arrangements.
3
It shall be the duty of a body specified in Part I of Schedule 2 to this Order to —
a
assess the impact of its policies, including its race equality policy, on pupils, staff and parents of different racial groups including, in particular, the impact on attainment levels of such pupils; and
b
monitor, by reference to their impact on such pupils, staff and parents, the operation of such policies including, in particular, their impact on the attainment levels of such pupils.
4
It shall be the duty of a body specified in Part II of Schedule 2 to this Order to —
a
assess the impact of its policies, including its race equality policy, on students and staff of different racial groups;
b
monitor, by reference to those racial groups, the admission and progress of students and the recruitment and career progress of staff; and
c
include in its written statement of its race equality policy an indication of its arrangements for publishing that statement and the results of its assessment and monitoring under sub-paragraphs (a) and (b).
5
Such a body shall take such steps as are reasonably practicable to publish annually the results of its monitoring under this article.
4
1
A body specified in Part III, IV or V of Schedule 2 to this Order shall, before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2), (3) or (4), as the case may be, and shall fulfil those duties in accordance with such arrangements.
2
It shall be the duty of a body specified in Part III of Schedule 2 to this Order to monitor, by reference to the racial groups to which they belong,
a
the numbers at all maintained schools in its area of —
i
staff in post, and
ii
applicants for employment, training and promotion, from each such group, and
b
in the case of all maintained schools in its area which have 150 or more full-time staff, the numbers of staff from each such group who —
i
receive training;
ii
benefit or suffer detriment as a result of its performance assessment procedures;
iii
are involved in grievance procedures;
iv
are the subject of disciplinary procedures; or
v
cease employment with such schools.
3
It shall be the duty of a body specified in Part IV of Schedule 2 to this Order to —
a
monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all maintained schools in respect of which it exercises its functions; and
b
take such steps as are reasonably practicable to use, for that purpose, data provided by Local Education Authorities.
4
It shall be the duty of a body specified in Part V of Schedule 2 to this Order to monitor, by reference to the racial groups to which they belong, the numbers of teaching staff from each such group at all educational establishments in respect of which it exercises its functions.
5
Such a body shall take such steps as are reasonably practicable to publish annually the results of its monitoring under this article.
6
In this article references to “maintained schools” are references to such schools within the meaning given by section 20(7) of the School Standards and Framework Act 1998 .
Monitoring by employers
5
1
A person to which this article applies shall,
a
before 31st May 2002, have in place arrangements for fulfilling, as soon as is reasonably practicable, its duties under paragraph (2); and
b
fulfil those duties in accordance with such arrangements.
2
It shall be the duty of such a person to monitor, by reference to the racial groups to which they belong,
a
the numbers of —
i
staff in post, and
ii
applicants for employment, training and promotion, from each such group, and
b
where that person has 150 or more full-time staff, the numbers of staff from each such group who —
i
receive training;
ii
benefit or suffer detriment as a result of its performance assessment procedures;
iii
are involved in grievance procedures;
iv
are the subject of disciplinary procedures; or
v
cease employment with that person.
3
Such a person shall publish annually the results of its monitoring under paragraph (2).
4
Subject to paragraph (5), this article applies to a body or other person specified in Schedule 1A to the Race Relations Act .
5
This article does not apply to —
a
a body specified in Part I, II or III of Schedule 2;
b
a person specified in Schedule 3;
c
a Scottish public authority with mixed functions or no reserved functions, as referred to in section L.2 of Part II of Schedule 5 to the Scotland Act 1998 ; or
d
a cross-border public authority in relation to the exercise of its Scottish functions within the meaning given by that section.
6
In paragraph (5) the reference to a “cross-border public authority” is a reference to such an authority within the meaning given by section 88(5) of the Scotland Act 1998.
Angela Eagle
Parliamentary Under Secretary of State
Home Office
23rd October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Lincolnshire 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 West Lincolnshire 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 West Lincolnshire 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 Lincolnshire 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 Lincolnshire Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The Lincoln District 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
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
31st January 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 10) Order 2001.
2
In this Order, unless the context otherwise requires, any reference to a numbered section is a reference to the section bearing that number in the Child Support, Pensions and Social Security Act 2000.
Appointed day
2
1
The day appointed for the coming into force —
a
of section 64(1) (explanation by court about the consequences of failure to comply with a relevant community order) for the purposes of its application in the case of any person of a description specified in paragraph (2)(a) below, and
b
of —
i
section 62 (loss of benefit for breach of community order), except for subsection (11),
ii
section 63 (loss of joint-claim jobseekers' allowance),
iii
subsections (2), (4)(a), (5), (6), (7)(a) to (c), (8) and (10) of section 64 (information provision),
iv
section 65 (loss of benefit regulations), except for subsection (7), and
v
section 66 (appeals relating to loss of benefit),
for the purposes of their application in the case of any person of a description specified in paragraph (2)(b) below, so far as not already brought into force, is 15th October 2001.
2
The persons referred to in paragraph (1) above are —
a
any person who, as a result of a relevant community order (as defined in section 62(8)) being made in relation to him, falls to be supervised by an officer of the local probation board for any of the probation areas of Derbyshire, Hertfordshire, Teesside and West Midlands;
b
any person to whom sub-paragraph (a) above applies and in relation to whom a relevant community order (as defined in section 62(8)) has been made in accordance with section 64(1).
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
18th July 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) (Amendment) Regulations 2001; they extend to England and come into force at 6 p.m. on 11th May 2001.
Amendments to the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) Regulations 2001
2
At the end of Regulation 4(3)(b)(ii) of the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 7) Regulations 2001 , insert “or, in the case of meat from biungulates to which that Directive does not apply, the health mark provided for in Chapter III of Annex I to Council Directive 91/495/ EEC (concerning public health and animal health problems affecting the production and placing on the market of rabbit meat and farmed game meat )”.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
Dated 3 p.m. on 11th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Hampshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 19th 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 East Hampshire 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 East Hampshire 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 Portsmouth and South East Hampshire 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 Portsmouth and South East Hampshire 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 Portsmouth Health Care 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
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
6th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Royal Marines Terms of Service (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
Amendments to Regulations
2
1
The Royal Marines Terms of Service Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 6(2) (change in terms of enlistment) there shall be omitted the words “or from the relevant date, whichever is the later”.
3
In regulation 7(2) (right to transfer to the reserve) there shall be omitted the words “ — (a) the relevant date or (b)” and “, whichever is the later”.
On behalf of the Defence Council
John Spellar
Lewis Moonie
Members of the Defence Council
19th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 3) Regulations 2001 and shall come into force on 3rd December 2001.
Interpretation
2
In these Regulations:
a
a regulation referred to by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 ; and
b
the same meaning applies to words and phrases defined in those Regulations.
Transitional provisions
3
1
Subject to article 7(2)(a) of the Access to Justice Act 1999 (Commencement No. 3, Transitional Provisions and Savings) Order 2000 and to paragraphs (2) and (3) of this regulation, these Regulations shall apply to applications for funded services made on or after 3rd December 2001 and applications made before that date shall be treated as if these Regulations had not been made.
2
The following regulations shall apply to all assessments carried out under regulation 15 on or after 3rd December 2001:
a
regulations 4 and 5 of these Regulations;
b
in regulation 6 of these Regulations, the substituted regulation 5(6) and the new regulation 5B; and
c
in regulation 19 of these Regulations, the first figure in the substituted regulation 38(2)(a), that is, £259.
3
Regulations 20 and 22 of these Regulations shall apply to all cases to which the statutory charge applies.
Amendments to the Community Legal Service (Financial) Regulations 2000
4
In regulation 2(1), after the definition of “supplier”, there shall be inserted the following definition:
“wider public interest” means the potential of proceedings to produce real benefits for individuals other than the client (other than any general benefits which normally flow from proceedings of the type in question).
.
5
For regulation 4 there shall be substituted:
4
1
Subject to regulation 3, the assessing authority to which an application is made shall determine the financial eligibility of the client in accordance with these Regulations.
2
Where the assessing authority is satisfied that the client is in receipt, directly or indirectly, of income support or income-based jobseeker’s allowance, it shall take his disposable income and, in relation to paragraphs (3)(b) and (c), disposable capital, as not exceeding the relevant sums specified in paragraph (3).
3
The relevant sums mentioned in paragraph (2) are as follows:
a
where eligibility is being assessed under regulation 5(2), the disposable income figure in that paragraph;
b
where eligibility is being assessed under regulation 5(3), the disposable income and capital figures in that paragraph;
c
where eligibility is being assessed under regulation 5(5) or 5(6), the disposable income figure in regulation 38(2)(a), that is, £259, and the disposable capital figure in regulation 38(2)(b).
.
6
For regulation 5 there shall be substituted:
5
1
This regulation has effect subject to regulations 3, 4 and 5A.
2
A client is eligible for Legal Help, Help at Court, and Legal Representation before the Immigration Appeal Tribunal and an adjudicator if his monthly disposable income does not exceed £601, and his disposable capital does not exceed £3,000.
3
A client is eligible for Family Mediation if his monthly disposable income does not exceed £683 and his disposable capital does not exceed £8,000.
4
A client who is eligible for Family Mediation under paragraph (3) shall also be eligible for Help with Mediation in relation to family mediation.
5
A client is eligible for Legal Representation in respect of family proceedings before a magistrates' court, other than proceedings under the Children Act 1989 or Part IV of the Family Law Act 1996 , if his disposable income does not exceed £683 per month, but a person may be refused such services where:
a
his disposable capital exceeds £8,000; and
b
it appears to the assessing authority that the probable cost of the funded services to which the application relates would not exceed the contribution payable by him under regulation 38.
6
A client is eligible for Legal Representation (other than as provided for in paragraphs (2) and (5)), General Family Help and Support Funding, and for such other services as are required or authorised by the Lord Chancellor to be funded under section 6(8) of the Act, if his disposable income does not exceed £683 per month, but a person may be refused such services where:
a
his disposable capital exceeds £8,000; and
b
it appears to the assessing authority that the probable cost of the funded services to which the application relates would not exceed the contribution payable to him under regulation 38.
5A
1
For the purposes of this regulation, “gross income” means total income from all sources, before any deductions are made.
2
This regulation does not apply to any applications to which regulation 4(2) applies.
3
In relation to the calculation of gross income:
a
regulations 6, 10, 11, 12 and 15 shall apply as if “gross income” were substituted for “disposable income” each time it appears; and
b
regulations 21 and 23 shall not apply.
4
Subject to regulation 3, where the gross monthly income of the person concerned exceeds £2,000, the assessing authority shall refuse any application for funded services.
Waiver of eligibility limit in Multi-Party Actions of wider public interest
5B
1
For the purposes of this regulation, a Multi-Party Action means any action or actions in which a number of clients have causes of action which involve common issues of fact or law arising out of the same cause or event.
2
Paragraph (3) applies where:
a
the Commission funds Legal Representation or Support Funding in a Multi-Party Action which it considers has a significant wider public interest; and
b
the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation.
3
Where this paragraph applies, the Commission may, if it considers it equitable to do so, disapply the eligibility limits in regulations 5(6) and 5A.
.
7
For regulation 7 there shall be substituted:
7
1
The assessing authority shall:
a
subject to regulation 4(2), calculate the disposable income and disposable capital of the person concerned in accordance with regulations 16 to 37;
b
calculate the gross income of the person concerned in accordance with regulation 5A; and
c
calculate any contribution payable in accordance with regulations 38 and 39.
2
When calculating:
a
disposable income for the purposes of regulation 5(2), (3), (5) or (6); or
b
gross income for the purposes of regulation 5A
the period of calculation shall be one month.
3
For the purposes of this regulation and regulation 15, one month means the period of one calendar month which ends on the date on which the application is made, or such other equivalent period as the Commission considers appropriate.
4
Where the assessing authority calculates that a client has disposable income or disposable capital of an amount which makes him ineligible to receive funded services, it shall refuse the application.
.
8
1
In regulation 15(1)(a):
a
“normal” shall be inserted before “disposable”;
b
“£60” shall be substituted for “£750”; and
c
“£25” shall be substituted for “£300”.
2
In regulation 15(2), “one month” shall be substituted for “12 months” each time it occurs.
9
At the end of regulation 16, the following shall be inserted:
, but where the eligibility of the person concerned is being assessed under regulation 5(6), in calculating such income the Commission may have regard to his average income during such other period as it considers appropriate.
.
10
Regulation 18(3) shall be deleted.
11
In Regulation 19, the following shall be inserted:
a
after paragraph (a)(iv):
v
invalid care allowance;
vi
council tax benefit;
and
b
after paragraph (c):
d
severe disablement allowance paid under the Social Security (Severe Disablement Allowance) Regulations 1984 ;
e
exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983 ;
f
widow’s and widower’s pensions paid under the Naval, Military and Air Forces etc (Disability and Death) Service Pensions Order 1983 ; and
g
to the extent that it exceeds the relevant figure referred to in regulation 20(2)(b), any financial support paid under an agreement for the care of a foster child entered into in accordance with regulation 5(6) of the Foster Placement (Children) Regulations 1991 .
.
12
Regulation 22 shall be deleted.
13
For regulation 23 there shall be substituted:
23
Where the income of the person concerned consists, wholly or partly, of a wage or salary from employment, there shall be deducted:
a
the sum of £45 per month; and
b
where it would be reasonable to do so, an amount to provide for the care of any dependant child living with the person concerned during the time that person is absent from home by reason of his employment.
.
14
1
Regulation 24(1) shall be deleted.
2
In regulation 24(4):
a
“monthly” shall be substituted for “annual” each time it occurs;
b
in sub-paragraph (b) the words after “hereditable security” shall be deleted; and
c
sub-paragraph (c) shall be deleted.
3
After regulation 24(6) there shall be inserted:
7
If no deduction has been made under regulation 20(2), the maximum amount to be deducted under paragraph (3) or, as the case may be, (6) shall be £545.
.
15
Regulation 34 shall be deleted.
16
1
In regulation 35(1):
a
“aged 60 or over” shall be substituted for “of pensionable age”;
b
“first figure prescribed in regulation 38(2)(a), that is, 259” shall be substituted for “figure prescribed in regulation 38(2)(a)”; and
c
the following shall be substituted for the table:
monthly disposable income (excluding net income derived from capital amount of capital disregard
up to £25 £100,000 £26–50 £90,000 £51–75 £80,000 £76–100 £70,000 £101–125 £60,000 £126–150 £50,000 £151–175 £40,000 £176–200 £30,000 £201–225 £20,000 £226–250 £10,000
2
Regulation 35(2) shall be deleted.
17
For regulation 36 there shall be substituted:
36
Where eligibility is being assessed under regulation 5(5) or 5(6), in calculating the disposable capital of the person concerned, any interim payment made to him in any court proceedings may be disregarded.
.
18
For regulation 37 there shall be substituted:
37
Where eligibility is being assessed under regulation 5(5) or 5(6), in calculating the disposable capital of the person concerned, any capital resource may be disregarded where:
a
he is restrained from dealing with that resource by order of the court;
b
he has requested the court which made the order to release part or all of that resource for use in connection with the proceedings to which the application for funding relates; and
c
that request has been refused.
.
19
For regulation 38 there shall be substituted:
Contributions
38
1
Subject to regulation 15, all contributions shall be:
a
assessed at the beginning of the case; and
b
payable to the assessing authority.
2
A person whose eligibility is assessed under regulation 5(5) or 5(6) shall make the following contributions:
a
where his monthly disposable income exceeds £259:
i
one quarter of any such income between £255 and £380 inclusive;
ii
one third of any such income between £381 and £505 inclusive; and
iii
one half of his remaining disposable income; and
b
where his disposable capital exceeds £3,000, a contribution of the lesser of the excess and the sum which the assessing authority considers to be the likely maximum cost of the funded services.
3
All contributions under paragraph (2)(a) shall be payable monthly throughout the period the certificate is in force.
4
All contributions under paragraph (2)(b) shall be payable upon assessment.
5
Paragraph (6) applies where:
a
eligibility is being assessed under regulation 5(5) or 5(6); and
b
the Commission considers that:
i
there are other persons or bodies, including those who have the same or a similar interest to the client or who might benefit from any proceedings, who can reasonably be expected to contribute to the cost of the funded services; or
ii
some other source of funding exists which could be used to contribute to that cost.
6
Where this paragraph applies, the Commission may add a reasonable additional amount to the contribution (if any) due from the client.
7
The Commission may subsequently vary the amount of any additional contribution payable under paragraph (6).
8
Paragraph (9) applies where:
a
the Commission funds Legal Representation or Support Funding in proceedings which it considers to have a significant wider public interest; and
b
the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation.
9
Where this paragraph applies, the Commission may, if it considers it equitable to do so, waive part or all of the contributions payable under this regulation.
.
20
For regulation 44(1)(d) there shall be substituted:
d
other than for the purposes of registration under regulation 52(1)(c), the first £3,000 of any money or the value of any property recovered by virtue of an order made or deemed to be made under any of the enactments specified in paragraph (2), or an agreement which has the same effect as such an order, but where the enforcement of the charge is postponed under regulation 52 this exemption will apply when the amount of the charge is paid;
.
21
Regulation 47(1) shall be deleted.
22
For regulation 53(3) there shall be substituted:
3
Where interest is payable by the client under regulation 52:
a
it shall run from the date when the charge is first registered;
b
the applicable rate shall be:
i
8% per annum until 31st March 2002;
ii
thereafter, 1 percentage point above the Bank of England base rate current on 1st April 2002;
c
subject to sub-paragraph (d), the applicable rate shall be varied on 1st April of each subsequent year so that it remains at the rate of 1 percentage point above the Bank of England base rate then current;
d
the variation set out in sub-paragraph (c) shall take place only if the application of the new base rate has the effect of varying the base rate previously applicable by 1 percentage point or more; and
e
the capital on which it is calculated shall be the lesser of:
i
the amount of the statutory charge outstanding from time to time, less any interest accrued by virtue of regulation 52(3), or
ii
the value of the property recovered at the time of such recovery, less the amount of any exemption under regulation 44(1)(d) which would apply were the amount of the charge to be paid.
.
Signed by authority of the Lord Chancellor
Patricia Scotland
Parliamentary Secretary,
Lord Chancellor’s Department
30th October 2001


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) (Amendment) (England) Regulations 2001 and shall extend to England only.
2
These Regulations shall come into force on 1st February 2002, except for paragraphs (2), (3), (4) and (5) of regulation 2, which shall come into force on 1st December 2002.
Amendments to the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995
2
1
Insofar as they extend to England, the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) the following definitions shall be inserted in the appropriate alphabetical positions —
“farmer” means any person who is an agricultural producer and manages a holding;
; and
“holding” means an agricultural production unit situated in Great Britain managed by a farmer;
.
3
In paragraph (1) of regulation 3 (exemptions and saving for existing licences) —
a
sub-paragraph (b) shall be replaced with the following sub-paragraphs —
b
subject to paragraphs (2), (3) and (4) below, in so far as a farmer who annually rears and slaughters on the aggregate of all his holdings under 10,000 birds or under 10,000 rabbits sells small quantities of fresh poultry meat, small quantities of fresh farmed game bird meat or small quantities of fresh rabbit meat derived from those birds or rabbits —
i
direct to the final consumer at the holding where the birds or the rabbits were reared and slaughtered,
ii
direct to the final consumer at the local market nearest to the holding where the birds or the rabbits were reared and slaughtered,
iii
direct to retailers for sale direct to the final consumer, provided the retailers make such sales in the same locality as, or in a neighbouring locality to, the holding where the birds or the rabbits were reared and slaughtered, or
iv
at a market (other than a local market) during the period of two weeks which immediately precede Christmas Day and Easter Sunday each year;
bA
in so far as a producer who annually rears and slaughters under 10,000 rabbits sells fresh rabbit meat derived from rabbits he has reared and slaughtered at premises under his control direct to a person who buys the meat for his own consumption;
; and
b
in sub-paragraph (g), “(bA),” shall be inserted before “(c)”.
4
In regulation 3, paragraph (2) shall be replaced with the following —
2
The exemptions in paragraph (1)(b) and (bA) above shall not apply in relation to any itinerant sale or sale by mail order or, as regards a sale by a retailer, any sale by the retailer at a market.
.
5
In regulation 3(3) and (4), for the word “slaughterhouse” there shall be substituted the word “holding”.
6
In regulation 13 (notice of operation of licensed premises), after paragraph (3) there shall be added the following paragraph —
4
No person shall operate any licensed low throughput slaughterhouse unless he has notified the Agency, in accordance with paragraph (1) above, of the number and origin of the birds or rabbits to be slaughtered there.
.
7
In each of paragraphs (1) and (2) of regulation 15 (transport documentation) the phrase “Subject to paragraph (3) below,” shall be revoked.
8
Paragraph (3) of regulation 15 shall be revoked.
9
In regulation 18(1)(a)(i) (duties of occupier), the words “and origin” shall be inserted after the word “species”.
10
In Part I of Schedule 5 (construction, layout and equipment of low throughput slaughterhouses and low throughput cutting premises), paragraph 5 shall be replaced with the following —
5
Refrigeration equipment which —
a
is adequate to keep the internal temperature of meat at the levels required by Schedule 12; and
b
has a drainage system linked to the waste water pipes which minimises the risk of contamination of meat;
.
11
In paragraph 11(j) of Schedule 8, for the word “producer” there shall be substituted the word “occupier”.
12
Paragraph 1(a) of Schedule 14 (transport) shall be replaced with the following —
a
fresh meat shall be transported —
i
from a licensed slaughterhouse or licensed cutting premises, other than any low throughput slaughterhouse or low throughput cutting premises, by a means of transport fitted with a hermetic closing system or, in the case of fresh meat imported from or intended to be transported through a third country, in a sealed means of transport, which in each case is designed and equipped in such a way that the temperatures specified in Schedule 12 are maintained throughout transportation, and
ii
from a slaughterhouse licensed as a low throughput slaughterhouse or from cutting premises licensed as low throughput cutting premises, by a means of transport designed and equipped in such a way that the temperatures specified in Schedule 12 are maintained throughout transportation;
.
Consequential amendment
3
Insofar as the Products of Animal Origin (Import and Export) Regulations 1996 extend to England, paragraph 7 of Schedule 2 thereto (regulations relevant to intra-Community trade) shall be amended by substituting the following references for the words “The Meat (Disease Control) (England) Regulations 2000;”:
S.I. 2000/2215 ;
The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) (Amendment) (England) Regulations 2001;
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
14th October 2001


text:
1
This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Code of Practice for Freight Shuttle Wagons) Order 2001, and shall come into force on 1st October 2001.
2
The code of practice entitled “Civil Penalty: Code of Practice for Channel Tunnel Freight Shuttle Wagons”, which was laid in draft before each House of Parliament on 25th September 2001 and concerns the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in freight shuttle wagons, shall come into operation on 1st October 2001.
Home Office
Jeff Rooker
Minister of State
27th September 2001


text:
1
These Regulations may be cited as the Partnerships (Unrestricted Size) No. 17 Regulations 2001, and shall come into force on 9th August 2001.
2
1
Section 716(1) of the Companies Act 1985 does not prohibit the formation of a partnership consisting of more than 20 persons for the purpose of carrying on practice as insolvency practitioners, and consisting of persons the majority of whom are —
a
authorised to act as insolvency practitioners under Part XIII of the Insolvency Act 1986 , or
b
authorised under the law of an EEA State to practice a regulated professional activity equivalent to that of an insolvency practitioner in the United Kingdom.
2
In paragraph (1)(b), “regulated professional activity” has the meaning ascribed to it by regulation 4(2) of the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 .
Melanie J. Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
5th July 2001


text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 2001 and shall come into force on 31st August 2001.
2
Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 shall be varied by inserting, after the word “Slovakia”, the word “Spain”.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Air Passenger Duty (Connected Flights) (Amendment) Order 2001 and shall come into force on 1st April 2001 and shall have effect in relation to any carriage of a passenger on an aircraft which begins on or after that date.
2
The Air Passenger Duty (Connected Flights) Order 1994 (“ the Order ”) shall be amended as follows.
3
In Note (3) (Notes of interpretation for the Case A Rule and those Notes) of paragraph 1 of the Schedule to the Order omit —
; and, for the purposes of this Note, an airport in the Isle of Man shall be treated as being in the United Kingdom where a duty equivalent to air passenger duty is charged in the Isle of Man by virtue of an Act of Tynwald
.
4
Omit Note (4) (Notes of interpretation for the Case B Rule and those Notes) of paragraph 2 of the Schedule to the Order.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 7) (England) Order 2001.
2
In this Order —
“ the Act ” means the Health and Social Care Act 2001.
3
This Order extends to England only .
Appointed days in respect of sections 45 and 47 of the Act
2
19th December 2001 is the appointed day for the coming into force of —
a
section 45 of the Act in so far as that section has not already been brought in force ;
b
subsections (5) and (6) of section 47 of the Act in so far as those subsections are not already in force .
Signed by authority of the Secretary of State for Health.
Jacqui Smith
Minister of State,
Department of Health
December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bedfordshire Heartlands Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Bedfordshire Heartlands 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 Bedfordshire Heartlands 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, 6 officer members and 6 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
3 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 Bedfordshire 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 Bedfordshire 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 Bedfordshire and Luton Community National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Limit on the Holding of Licences to Provide Television Multiplex Services) Order 2001 and shall come into force on the day after the day on which it is made.
Changes to the numerical limit on the holding of licences to provide television multiplex services
2
Paragraph 5 of Part III of Schedule 2 to the Broadcasting Act 1990 shall be amended as follows —
a
in sub-paragraph (1), for the word “three” shall be substituted the word “six”;
b
in sub-paragraph (3), for the word “five” shall be substituted the word “eight”;
c
in sub-paragraph (4)(a), for the word “three” shall be substituted the word “six” and for the word “two” shall be substituted the word “five”; and
d
in sub-paragraph (4)(b), for the word “five” shall be substituted the word “eight” and for the word “four” shall be substituted the word “seven”.
Chris Smtih
Secretary of State for Culture, Media and Sport
30th January 2001