text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Street Works (Sharing of Costs of Works) (England) Regulations 2000 and shall come into force on 15th January 2001.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations:
“ the Act ” means the New Roads and Street Works Act 1991;
“authority” means a highway, bridge or transport authority;
“the Code” means the Code of Practice entitled “Measures Necessary where Apparatus is affected by Major Works (Diversionary Works)” dated June 1992, and approved by the Secretary of State on 30th June 1992, as revised and re-issued from time to time;
“diversionary works” means measures needing to be taken in relation to an undertaker’s apparatus in a street in consequence of major works or in order to facilitate their execution;
“major works” means major highway works, major bridge works or major transport works;
“section 86(3) (a) to (g) works” means major transport works which are or would, if executed by a highway authority, be major highway works described in any of paragraphs (a) to (g) of section 86(3) of the Act.
2
For the purposes of these Regulations “allowable costs” means, in relation to diversionary works, the sum of all the reasonable costs incurred in executing them, except —
a
costs incurred in preparing the initial set of plans and estimates in relation to those diversionary works (but not in preparing any further plans and estimates which the authority may require);
b
costs disallowed under regulation 6(3).
Diversionary works executed by an undertaker because of an authority’s major works
3
1
Where, because of major works initiated by an authority, an undertaker executes diversionary works, the authority shall pay to the undertaker —
a
where the major works are major transport works (other than major bridge works or section 86(3) (a) to (g) works) and payment is made in accordance with regulation 8(1), a sum equal to 92.5 per cent. of the allowable costs of the diversionary works;
b
in other cases where payment is made in accordance with regulation 8(1), a sum equal to 82 per cent. of the allowable costs of the diversionary works;
c
in all other cases, the allowable costs of the diversionary works.
2
This regulation is subject to regulation 6.
Diversionary works executed by an authority because of the authority’s major works
4
1
Where, because of major works initiated by an authority, the authority executes diversionary works, the undertaker shall, subject to paragraph (2), pay to the authority —
a
where the major works are major transport works other than those which —
i
are also major bridge works, or
ii
are section 86(3) (a) to (g) works,
a sum equal to 7.5 per cent. of the allowable costs of the diversionary works;
b
in all other cases, a sum equal to 18 per cent. of the allowable costs of the diversionary works.
2
Where an undertaker’s apparatus is moved by the authority at the request of the undertaker and solely because of a change in the type of highway construction, not involving an alteration in the depth of cover to a depth of less or greater than the acceptable depth referred to in Appendix B to the Code, the undertaker shall pay to the authority the allowable costs incurred by the authority in moving the apparatus.
3
This regulation is subject to regulation 6.
Diversionary works executed by an authority or an undertaker in other cases
5
1
This regulation applies where major works are initiated —
a
by an authority on behalf of another person or by an authority other than in its capacity as such; or
b
by an undertaker for the purposes of any such person,
and diversionary works are executed by an authority or the undertaker.
2
Where the authority executes the diversionary works, the undertaker shall pay to the authority the sum which it would have had to pay under regulation 4 if the major works had been initiated by the authority.
3
Where the undertaker executes the diversionary works, the authority shall pay to the undertaker the sum which it would have had to pay under regulation 3 if the major works had been initiated by the authority.
4
In calculating the allowable costs for the purposes of regulations 3 and 4 as applied by this regulation there shall be taken into account in favour of the undertaker —
a
any sum recoverable from any person for whose purposes the diversionary works are executed, irrespective of whether or not such a sum is actually recovered from that person;
b
any sum which would have been recoverable from such a person were that person not the authority.
Allowable costs — further provisions
6
1
Subject to paragraph (2), where the major works consist of or include major bridge works, allowable costs shall be so calculated that the undertaker is not liable for costs in respect of the provision of —
a
adequate space in the structure of the bridge; or
b
sufficient strength in the bridge,
to accommodate the undertaker’s apparatus in the bridge.
2
Paragraph (1) does not apply to the costs of —
a
any ducts, pipe bays, hangers or other provision for housing or supporting the undertaker’s apparatus within the structure of the bridge;
b
the provision of adequate space or adequate strength to accommodate apparatus installed in the bridge after the execution of such major works other than the installation, replacement or modification (not involving enlargement) of apparatus previously installed in the bridge before the execution of those works.
3
In calculating an undertaker’s allowable costs there shall be disallowed costs incurred in respect of apparatus placed in the street after the authority has given to the undertaker —
a
in the case of major works consisting of major bridge works comprising a replacement of the bridge, not more than 10 years;
b
in the case of any other major works, not more than 5 years,
notice of their intention to execute the major works.
Betterment etc
7
1
In a case where, under these Regulations, an undertaker is liable to make a payment to an authority or an authority is liable to make a payment to an undertaker in relation to diversionary works there shall be taken into account in favour of the authority —
a
if those measures result in a betterment of the undertaker’s apparatus, a sum equal to the benefit which the undertaker gains as a result of the betterment, calculated in accordance with Appendix F to the Code;
b
if those measures result in a postponement of the need to renew the undertaker’s apparatus, a sum determined in accordance with Appendix E to the Code.
2
For the purposes of this regulation “betterment” shall be determined in accordance with Appendix F to the Code.
Payment
8
1
For the purposes of regulation 3(1)(a) and (b) (including those provisions as applied by regulation 5) the authority may pay to the undertaker a sum equal to 75 per cent. of the estimate of 82 per cent. or 92.5 per cent. (as appropriate) of the allowable costs —
a
in a single lump sum before the diversionary works begin; or
b
if the authority and the undertaker so agree in the case of diversionary works of an estimated duration of more than three months, by instalments of such amounts, payable at such times during the execution of the diversionary works, as the authority and the undertaker agree.
2
After the diversionary works have been completed, the person to whom any sum by way of allowable costs is due (the creditor) shall issue to the person from whom the sum is due (the debtor) an account of the sum owing and within 35 days of that account having been issued —
a
a debtor that is an authority which has paid a lump sum or instalments in accordance with paragraph (1) shall pay to the undertaker any balance of the estimate, together with any further sum equal to the amount by which the proportion of allowable costs to which the undertaker is entitled exceeds the estimate;
b
the debtor in any other case shall pay to the creditor the sum owing.
3
If payments made by an authority under paragraph (1) exceed the relevant proportion of allowable costs specified in regulation 3(1)(a) or (b), the undertaker shall, within 35 days of the issue of the account referred to in paragraph (2), refund to the authority the amount of the excess.
Exclusions
9
These Regulations shall not apply to works executed pursuant to —
a
a licence under section 50 of the Act;
b
a consent under section 61 of the Act;
c
an agreement to house apparatus in a bridge structure; or
d
a direction to remove or change the position of apparatus, pursuant to section 62 of the Act.
Revocation and transitional provision
10
1
Subject to paragraph (2) the Street Works (Sharing of Costs of Works) Regulations 1992 (“the 1992 Regulations ”) are revoked so far as they extend to England.
2
These Regulations apply where the formal notice of intention to proceed with major works pursuant to paragraph 5 of Appendix C to the Code is served on or after the date on which they come into force; and the 1992 Regulations shall continue to apply where such formal notice has been served before that date.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
18th December 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Rugby (Electoral Changes) (No. 2) Order 2000.
2
This article and article 7 shall come into force on 9th October 2001.
3
Articles 2, 3, and 6 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 4 and 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Dunchurch and Ryton-on-Dunsmore to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
5
In this Order —
“borough” means the borough of Rugby;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Rugby (Electoral Changes) (No. 2) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Rugby
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where no area is 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 Rugby
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
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 borough 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 terms 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 Dunchurch
4
The parish of Dunchurch shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough 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.
Number of parish councillors
5
The number of parish councillors for the parish of Ryton-on-Dunsmore shall be ten.
Parish elections
6
1
Elections of all parish councillors for the parishes of Clifton upon Dunsmore, Newton and Biggin, Long Lawford and Wolston shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
Elections of all parish councillors for the parishes listed in Schedule 4 shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
3
The term of office of any parish councillor to whom paragraph (1) or (2) 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.
Revocation
7
The Borough of Rugby (Electoral Changes) Order 2000 and the Borough of Rugby (Electoral Arrangements) Order 1978 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
21st December 2000


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 3) Order 2000.
2
In this Order “ the Act ” means the Adoption (Intercountry Aspects) Act 1999.
Appointed day
2
16th of October is the day appointed for the coming into force of section 16(2) (devolution) of the Act.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
14th October 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Supply of New Cars Order 2000 and shall come into force on 1st September 2000.
2
In this Order —
“contract hire company” means a person to whom new cars are supplied for hire or lease which are retained in his ownership for a period of at least 6 months;
“dealer” means a person engaged in retailing new cars pursuant to a dealer agreement;
“dealer agreement” means an agreement between a supplier and a dealer governing the terms and conditions of supply of new cars and related matters;
“discount” means (except in article 5):
the difference between the list price and the price paid by a dealer or fleet customer for the supply of a new car expressed as a percentage of the list price; or
where a supplier agrees to supply a new car to a fleet customer indirectly through a dealer the sum of —
the difference between the list price and the price paid by the dealer; and
any pecuniary inducement given to the fleet customer by the supplier in respect of the supply of the new car less a reasonable allowance in respect of the dealer’s gross margin,
expressed as a percentage of the list price;
“fleet” means 25 or more cars registered as being used by the same person;
“fleet customer” means a person to whom new cars are supplied for a fleet pursuant to a fleet supply agreement but shall not include a dealer or a person carrying on the activities described at paragraphs 14 and 15 of Group 12 of Schedule 8 to the Value Added Tax Act 1994 ;
“fleet supply agreement” means an agreement between a supplier and a fleet customer relating to the supply of new cars to a fleet customer either directly or indirectly and includes an agreement for a pecuniary inducement to be given to the fleet customer in respect of the indirect supply of new cars through a dealer;
“list price” means the price set and quoted by a supplier. The list price may be pre-tax or post-tax and may be the recommended retail price;
“Member State” means a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd May 1992 as adjusted by the protocol signed at Brussels on the 17th March 1993;
“new car” means a passenger car intended for use on public roads and having three or more road wheels which has not been registered;
“pre-registered car” means a new car which a supplier or dealer has caused to be registered before the terms and conditions of its supply to an end-user have been agreed, but does not include:
a car so registered because its certificate of conformity with a vehicle type approved under the EC Vehicle Type Approval Scheme is about to become invalid; and
a car retained for a period of at least three months; and
“supplier” means a person who manufactures cars for supply within, or imports new cars for supply into, the UK, who had a market share of 1% or more of the total supply of new cars in the UK in the preceding calendar year.
Non-discrimination between fleet customers and dealers
2
1
It shall be unlawful for a supplier to discriminate unjustifiably between fleet customers and dealers who purchase new cars outright in respect of discounts given for the supply of the same or similar number of new cars supplied over the same or similar period of time.
2
In determining whether discrimination is justifiable in any particular case regard shall be had as to whether the value of the terms and conditions agreed with a dealer is broadly similar to the value of fleet supply agreements recently entered into by that supplier, taking into account the nature of the dealer agreement and fleet supply agreements in question and any additional benefits given or agreed which are financed by the supplier.
3
A supplier shall notify his dealers at intervals of not more than 3 months of the terms and conditions, including the discounts available, on which he is prepared to supply a range of volumes of new cars for purchase outright by the dealer.
4
If the Director General of Fair Trading notifies a supplier that he has received a complaint alleging a breach of article 2 or 3, the supplier shall provide him with details of his fleet supply agreements relevant to the complaint and a written statement of reasons explaining how the terms and conditions notified to dealers were determined.
Prohibition of discrimination in respect of contract hire companies
5
1
It shall be unlawful for a supplier to discriminate in respect of the discount given for the supply of a new car to a contract hire company on the basis of whether the contract hire company supplies that new car to a fleet customer or not.
2
In determining whether there is discrimination contrary to paragraph (1) no account shall be taken of a payment made by the supplier to the contract hire company in respect of the supply of a new car, where such payment is made at the request of a fleet customer as a result of an agreement entered into between the fleet customer and the supplier before the supply of the car to the contract hire company.
3
For the purpose of paragraph (1) discount means the difference between the price paid by a contract hire company for the supply of a new car and the list price, expressed as a percentage of the list price.
Prohibitions relating to restrictions on advertising
6
It shall be unlawful for a supplier to withhold, or to agree or threaten to withhold, supplies of new cars from any dealer who requests supply on grounds relating to the price at which the dealer has advertised or is likely to advertise he is willing to supply a new car.
7
It shall be unlawful for a supplier to make an agreement or carry out an agreement (whenever made), to the extent that it restricts, directly or indirectly, a dealer’s determination of the price at which he advertises he is willing to supply a new car.
8
1
It shall be unlawful for a supplier to give any preference to any dealer on grounds relating to the price at which he has advertised or is likely to advertise he is willing to supply a new car.
2
For the purposes of paragraph (1), a supplier shall be regarded as giving a preference to a dealer where he treats that dealer materially more favourably than he treats another dealer with regard to —
a
terms or conditions as to credit, discounts, bonuses or other matters; or
b
times or methods of delivery or other matters arising in the execution of the dealer agreement.
Prohibition of agreements concerning pre-registered cars
9
It shall be unlawful for a supplier to make an agreement or carry out an agreement (whenever made), to the extent that it provides for the payment of bonuses or other incentives to, the imposition of conditions on, or the agreement of targets with, a dealer which relate to or include pre-registered cars.
10
1
It shall be unlawful for a supplier to give any preference to any dealer on the ground of the number of new cars which are pre-registered by the dealer during a specified period.
2
For the purposes of paragraph (1), a supplier shall be regarded as giving a preference to a dealer where he treats that dealer materially more favourably than he treats another dealer with regard to —
a
terms or conditions as to credit, discounts, bonuses or other matters; or
b
times or methods of delivery or other matters arising in the execution of the dealer agreement.
Requirement to publish information about pre-registered cars
11
1
A supplier shall publish the following information concerning the cars which he has pre-registered and subsequently supplied, in relation to each model range:
a
the number of pre-registered cars supplied; and
b
the gross income received by the supplier from the supply of pre-registered cars.
2
The information referred to in paragraph (1) shall be published at monthly intervals, in respect of the preceding month, in such manner as to be readily ascertainable.
Prohibition of agreements which deter imports
12
It shall be unlawful for a supplier to make an agreement or carry out an agreement (whenever made) to the extent that it provides for the termination of a dealer agreement by reason of his not endeavouring to fulfil a target for the supply of new cars unless the supply of any new cars which he has obtained from a dealer in another Member State may count towards the fulfilment of that target.
13
1
It shall be unlawful for a supplier to give any preference to any dealer on the grounds that the dealer does not supply new cars supplied to him by a dealer in another Member State.
2
For the purposes of paragraph (1), a supplier shall be regarded as giving a preference to a dealer where he treats that dealer materially more favourably than he treats another dealer in respect of new cars supplied direct by the supplier with regard to —
a
terms or conditions as to credit, discounts, bonuses or other matters; or
b
times or methods of delivery or other matters arising in the execution of the dealer agreement.
Directions by the Secretary of State as to compliance
14
1
The Secretary of State may give directions to a person specified in the directions, or to the holder for the time being of an office so specified in any company or association —
a
to take such steps within his competence as may be specified or described in the directions for the purpose of carrying out, or securing compliance with, this Order; or
b
to do or refrain from doing anything so specified or described which he might be required by this Order to do or refrain from doing.
2
In paragraph (1) above “steps” includes steps to introduce and maintain arrangements to ensure that any director, employee or agent of the supplier carries out or secures compliance with this Order.
3
The Secretary of State may vary or revoke any directions given.
Stephen Byers,
Secretary of State for Trade and Industry
31st July 2000


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Government) (Terms of Reference) (England) Regulations 2000 and shall come into force on 1st September 2000.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“school teacher” means a teacher employed at one or two schools by a local education authority or by the governing body of a foundation, voluntary aided or foundation special school, but does not include a teacher employed under a fixed term contract of employment the term of which is less than one year;
“school year” means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July.
2
In these Regulations, unless the context otherwise requires, references to —
a
a governing body are references to the governing body of a community, foundation, or voluntary school or a community or foundation special school; and
b
a head teacher are references to the head teacher of a community, foundation, or voluntary school, or a community or foundation special school.
Terms of reference
3
1
In this regulation the term “governing body” includes the temporary governing body of a new school.
2
In exercising their functions, the governing body shall have as their terms of reference the principles that they shall —
a
act with integrity, objectivity and honesty in the best interests of the school; and
b
be open about the decisions they make and the actions they take and in particular shall be prepared to explain their decisions and actions to interested persons.
3
Nothing in paragraph (2)(b) shall require the governing body to disclose material relating to —
a
a named teacher or other person employed or engaged, or proposed to be employed or engaged, at the school;
b
a named pupil at, or candidate for admission to, the school; or
c
any matter which by reason of its nature, the governing body or a committee of the governing body are satisfied should remain confidential.
The role of the governing body
4
1
The governing body shall exercise their functions with a view to fulfilling a largely strategic role in the running of the school.
2
The governing body shall establish a strategic framework for the school by —
a
setting aims and objectives for the school;
b
setting policies for achieving those aims and objectives;
c
setting targets for achieving those aims and objectives.
3
The governing body shall monitor and evaluate progress in the school towards achievement of the aims and objectives set and regularly review the strategic framework for the school in the light of that progress.
4
In exercising the functions in paragraphs (2) and (3) above, the governing body shall —
a
(subject to any other statutory provision) comply with any trust deed relating to the school; and
b
consider any advice given by the head teacher under regulation 5(2) below.
5
The governing body shall act as “critical friend” to the head teacher, that is to say, they shall support the head teacher in the performance of his functions and give him constructive criticism.
The role of the head teacher
5
1
The head teacher shall be responsible for the internal organisation, management and control of the school, and the implementation of the strategic framework established by the governing body.
2
The head teacher shall advise the governing body in relation to the establishment and review of the strategic framework, and in particular the head teacher shall —
a
formulate aims and objectives for the school, for adoption, with or without modification, or rejection by the governing body;
b
formulate policies for the school for achieving those aims and objectives, for adoption, with or without modification, or rejection by the governing body; and
c
formulate targets for the achievement of those aims and objectives for adoption, with or without modification, or rejection by the governing body.
3
The head teacher shall report at least once every school year to the governing body on the progress made towards achieving the aims and objectives set and in particular towards meeting specific targets set.
Delegation of the governing body’s functions
6
Without prejudice to the generality of regulation 4(1) above, in deciding whether or how to exercise any power to delegate their functions, including the general power in regulation 41 of the Education (School Government) (England) Regulations 1999 the governing body shall have regard to —
a
the requirement in regulation 4 above that they should exercise their functions with a view to fulfilling a largely strategic role in the running of the school; and
b
the responsibility of the head teacher for the internal organisation, management and control of the school.
7
The head teacher shall comply with any reasonable direction of the governing body in performing any function delegated to him by the governing body.
The school curriculum policy
8
1
The head teacher shall formulate a policy for the secular curriculum of the school (“the curriculum policy”) for adoption by the governing body.
2
The head teacher shall review the curriculum policy every school year and shall formulate any necessary changes to the curriculum policy for adoption by the governing body.
3
The head teacher shall implement the curriculum policy adopted by the governing body.
4
The governing body shall —
a
consider the curriculum policy formulated by the head teacher and adopt it, with or without modifications, or remit it to the head teacher for reformulation;
b
monitor, evaluate and review the implementation of the curriculum policy; and
c
consider and adopt, with or without modifications, or reject any changes to the curriculum policy proposed by the head teacher.
The performance management policy
9
1
The governing body shall, no later than 31st December 2000, establish a written policy (“the performance management policy”) setting out how school teacher appraisal at the school is to be implemented.
2
In this regulation “school teacher appraisal” means the system of appraisal of head teachers and other school teachers governed by the Education (School Teacher Appraisal) (England) Regulations 2000 (“ the Appraisal Regulations”).
3
If directed to do so by the governing body, the head teacher shall formulate a performance management policy.
4
The governing body shall consider and adopt, with or without modifications, or reject a performance management policy formulated by the head teacher in pursuance of paragraph (3).
5
The governing body shall review the performance management policy every school year.
6
Following such review, the governing body shall, if they see fit, amend the performance management policy.
7
Before establishing the performance management policy in accordance with paragraph (1), or amending it in accordance with paragraph (6), the governing body shall secure that all school teachers at the school are consulted..
8
If directed to do so by the governing body, the head teacher shall consult all other school teachers at the school about the formulation of a performance management policy or the amendment of the performance management policy.
9
The head teacher and the governing body shall implement the policy.
10
The governing body shall make a copy of the performance management policy available for inspection at the school at any reasonable time by —
a
any school teacher employed at the school;
b
any person involved in the inspection of the operation of the school teacher appraisal system;
c
any external adviser appointed in accordance with the Appraisal Regulations.
Jacqui Smith
Parliamentary Under Secretary of State,
Department for Education and Employment
27th July 2000


text:
Citation, commencement and transitional provisions
1
These Rules may be cited as the Transport Tribunal Rules 2000, and shall come into force on 1st January 2001.
2
These Rules shall not apply to proceedings in which an application or appeal is made before 1st January 2001 and those proceedings shall be subject to the Transport Tribunal Rules 1986 as if they had not been revoked.
PART I
Interpretation
3
In these Rules,
“the 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“the 1985 Act ” means the Transport Act 1985 ;
“the 1995 Act ” means the Goods Vehicles (Licensing of Operators) Act 1995 ;
“the appropriate national authority” means the Secretary of State or, where his function under the provision giving rise to the right of appeal has, in relation to an appeal, been transferred to the Scottish Ministers or the National Assembly for Wales, the Scottish Ministers or the National Assembly for Wales as appropriate;
“judicial member” means the President or a chairman of the Tribunal appointed in accordance with Schedule 4 to the 1985 Act;
“party” in Part III of these Rules, shall be construed in accordance with rule 14;
“President” means the person appointed as President in accordance with Schedule 4 to the 1985 Act;
“representor”, in Part III of these Rules, means a person who made representations under section 12(4) or 19(2) of the 1995 Act against the application for, or for the variation of, the operator’s licence in question;
“secretary”, in relation to a rule, means an officer or employee of the Tribunal designated by the President to perform the duties required under the rule;
“traffic commissioner” means a traffic commissioner within the meaning of the 1981 Act;
“the Tribunal” means the Transport Tribunal as reconstituted in accordance with the 1985 Act or any member of it acting alone in accordance with rule 20.
PART II
Applications for a stay
Application of Part II
4
1
Rules 5 to 10 apply to an application to the Tribunal for a stay under section 50(8) of the 1981 Act or section 29(3) of the 1995 Act.
2
Except for rules 29 and 35, Rules 20 to 38 apply to applications to the Tribunal under this Part of these Rules.
3
In this Part of these Rules, a stay means a direction under section 50(6) of the 1981 Act or section 29(2) of the 1995 Act.
Method of appyling
5
1
An application to which this Part applies shall be made by serving a notice in writing on the Tribunal.
2
At the same time as he serves notice on the Tribunal, the applicant shall serve a copy of the notice on the traffic commissioner.
Contents of notice
6
The applicant’s notice shall be signed and dated by or on behalf of the applicant and shall state:
a
the name and the address for the service of the applicant;
b
the name and address of the traffic commissioner;
c
details of the decision refusing or withdrawing a stay in respect of which the application is made; and
d
the grounds for the application.
Action on receipt of application
7
The secretary shall acknowledge receipt of any notice served under rule 5(1).
Traffic commissioner’s statement of reasons
8
1
Within 7 days of receipt of the applicant’s notice, the traffic commissioner shall send to the Tribunal a written statement of his reasons for refusing or withdrawing a stay.
2
At the same time as he sends the statement of reasons to the Tribunal, the traffic commissioner shall send a copy of it to the applicant, unless he has previously done so.
Appearance before the Tribunal
9
The Tribunal may, if it thinks fit, give the applicant an opportunity of being heard.
Decision of the Tribunal
10
1
The Tribunal shall give its decision within 14 days of receipt of the application.
2
The decision shall be given in writing signed and dated by the judicial member and shall contain a summary of its reasons.
3
A copy of the decision shall be sent to the applicant and the traffic commissioner.
PART III
Road Transport Appeals
Application of Part III
11
1
Rules 12 to 15 apply to appeals to the Tribunal under:
a
section 50 of the 1981 Act;
b
section 111 of the 1985 Act ;
c
section 37 of the 1995 Act;
d
the Goods Vehicles (Community Authorisations) Regulations 1992, regulation 6 ;
e
the Public Service Vehicles (Community Licenses) Regulations 1999, regulation 6 ; and
f
the Road Transport (Passenger Vehicles Cabotage) Regulations 1999, regulation 6 .
2
Rules 20 to 38 apply to appeals to the Tribunal under this Part of these Rules.
Method of appealing
12
1
An appeal to which this Part applies shall be made by serving a notice in writing on the Tribunal.
2
The notice of appeal shall be signed and dated by or on behalf of the appellant and shall state:
a
the name and address for service of the appellant;
b
the name and address of the traffic commissioner;
c
details of the decision against which the appeal is brought; and
d
the grounds for the appeal.
3
The notice of appeal shall be received by the Tribunal not later than 28 days after the date of notification in writing to the appellant of the matter giving rise to the appeal.
4
Where the appellant fails to serve the notice of appeal within the 28 day time limit in paragraph 3, such notice shall include:
a
a request to the Tribunal to extend the time limit in accordance with rule 24; and
b
details of the reasons for the delay.
Action on receipt of appeal
13
1
The secretary shall acknowledge receipt of any notice served under rule 12(1) and, upon receipt of the details to be provided under rule 15(1)(d), shall serve a copy on:
a
the traffic commissioner;
b
the appropriate national authority;
c
in the case of an appeal by an applicant for, or for the variation of, an operator’s licence, every person who made an objection to the application;
d
in the case of an appeal by a person who made an objection to an application for, or (in the case of a goods vehicles operator’s licence) for the variation of, an operator’s licence, the applicant and every other person who made an objection to the application; and
e
in the case of an appeal under section 37(5) of the 1995 Act, every representor.
2
The appropriate national authority, an objector and the applicant may, within 14 days of the date of a notice served in accordance with paragraph (1)(b), (c) or (d), reply in writing to the Tribunal that he wishes to become a party to the appeal, whereupon he shall become a party, and every copy notice served in accordance with paragraph (1)(b), (c) or (d) shall be endorsed with a statement to that effect.
3
A representor may, within 14 days of a notice served in accordance with paragraph (1)(e), apply in writing to the Tribunal for permission to become a party to the appeal and every copy notice served in accordance with paragraph (1)(e) shall be endorsed with a statement to that effect.
4
The secretary shall inform the relevant representor of the decision of the Tribunal on any application made under paragraph (3).
5
The secretary shall serve on every other party a copy of:
a
any reply served under paragraph (2); and
b
any application made under paragraph (3), and the decision of the Tribunal on the application.
Parties to an appeal
14
1
The Tribunal may at any stage of an appeal order any person (other than the traffic commissioner) to be added as a party to the appeal.
2
The parties to an appeal are:
a
the appellant;
b
every person who is entitled by rule 13(1)(b), (c) or (d) to receive a copy of the notice of appeal and who replies that he wishes to become a party in accordance with rule 13(2);
c
every representor who is given permission by the Tribunal to become a party to the appeal; and
d
every person who is added as a party by order of the Tribunal pursuant to this rule.
Supply of information and documents
15
1
Upon receipt of a copy of a notice of appeal the traffic commissioner shall send to the Tribunal a copy of:
a
the decision appealed against, whether given in writing by the traffic commissioner or transcribed, including reasons;
b
all documents produced to the traffic commissioner in connection with the decision appealed against;
c
if a public inquiry was held, the transcript of the inquiry or, if no such transcript was produced, the traffic commissioner’s note of the inquiry; and
d
in the case of an appeal under section 50 of the 1981 Act or section 37 of the 1995 Act, a list of the names and addresses of objectors and representors.
2
A party may request the secretary to send him specified documents received from the traffic commissioner in accordance with paragraph (1), and the secretary shall comply with such request unless the Tribunal considers it unreasonable, in which case the Tribunal shall give details of why it considers the request to be unreasonable.
3
The traffic commissioner shall, upon request, send to the Tribunal further copies of any of the documents mentioned in paragraph (1).
PART IV
Disputes under the Postal Services Act 2000
Application of Part IV
16
1
Rules 17 and 18 apply to any dispute to be determined by the Tribunal under section 94 of the Postal Services Act 2000.
2
Rules 20 to 38 apply to applications to the Tribunal under this Part of these Rules.
Commencement of proceedings
17
1
An application to which this Part applies shall be made by serving a notice in writing on the Tribunal.
2
The applicant’s notice shall be signed and dated by or on behalf of the applicant and shall state:
a
the name and address for service of the applicant;
b
the subject matter of the dispute;
c
the grounds for the application; and
d
the name and address of each other person who is a party to the dispute.
3
The secretary shall acknowledge receipt of any notice served under paragraph (1) and shall serve on each person named under paragraph (2)(d), a copy of the notice with a direction that:
a
any answer to the notice should be served on the Tribunal within 14 days of the service of the notice on the party; and
b
in default of any answer, the party will not be heard at any hearing except with the permission of the Tribunal.
Answer
18
1
Within 14 days from service of a notice in accordance with rule 17(3), the relevant party shall serve on the Tribunal an answer:
a
stating which facts are admitted and which are rejected; and
b
setting out any further facts on which he proposes to rely.
2
The secretary shall serve a copy of the answer on the applicant and on each other party.
PART V
General
Application of Part V
19
Rules 20 to 38 apply to all cases before the Tribunal under these Rules, except that rules 29 and 35 do not apply to applications under Part II (applications for a stay).
Constitution
20
1
Subject to paragraph (2), any act required or authorised by these Rules to be done by the Tribunal may be done by a judicial member sitting alone except the hearing of an appeal under Part III, which must be heard by three Tribunal members, including one judicial member.
2
If every party consents, the Tribunal may hear an appeal under Part III in the absence of any one member, other than the judicial member, and, if so, the judicial member shall have the decisive vote.
Service of notices and documents
21
1
Any notice, statement or other document required by these Rules to be served on, supplied or sent to the Tribunal, may be:
a
delivered;
b
sent by post; or
c
sent in such other manner as the Tribunal may accept.
2
Any statement or other document required by these Rules to be supplied or sent otherwise than to the Tribunal, may be:
a
delivered; or
b
sent by post to the address for service if applicable, or to the residence, place of business or registered office of the addressee.
Replies and statements
22
1
Any party may submit a written reply or statement of his case to the Tribunal.
2
The Tribunal may by notice in writing require any party to supply such written reply or other statement as it considers necessary, and the secretary shall serve a copy of any such reply or statement on each other party.
Amendment
23
1
The Tribunal may at any stage of the proceedings allow any notice, statement or reply to be amended upon such terms as it considers just.
2
The Tribunal may direct the secretary to send copies of such amended documents to:
a
the parties; and
b
in the case of appeals under Part III of these Rules, the traffic commissioner and the appropriate national authority.
Extension of time
24
The Tribunal may extend any time specified by these Rules upon such terms as it thinks fit, if it considers that the justice of the case requires it.
Disclosure of documents
25
1
The traffic commissioner and any party shall comply with any request in writing by the Tribunal to deliver to it any document within their power or control.
2
The secretary may supply copies of any documents obtained under paragraph (1) to the parties and any such copy document shall be used only for the purposes of the case.
Preliminary issues
26
1
The Tribunal may order any point which appears to be in issue in a case before it to be determined as a preliminary issue.
2
If, in the opinion of the Tribunal, the determination of that point substantially disposes of the whole case, subject to rule 20 the Tribunal may treat the hearing of the preliminary issue as the hearing of the case and may make such order by way of disposing of the case as it thinks fit.
Consolidation
27
1
The Tribunal may order two or more cases to be consolidated or heard together where it considers that:
a
a common question of law or fact arises in both or all of them; or
b
for some other reason it is desirable for them to be consolidated or heard together.
2
Before the Tribunal makes an order under paragraph (1), it shall give the parties to all the proceedings in question an opportunity to make representations.
Withdrawal of proceedings
28
1
Any applicant or appellant may withdraw his case by the service on the Tribunal of written notice to that effect.
2
The secretary shall send a copy of a notice served under paragraph (1) to every other party to the proceedings and, other than in the case of disputes to which Part IV of these Rules applies, to the traffic commissioner and the appropriate national authority.
Arrangements for hearings
29
1
The Tribunal may determine a case before it without an oral hearing if all the parties so agree in writing.
2
The Tribunal shall set a date, time and place for a hearing but, in cases to which rules 13(2) or (3) or rule 18 apply, it shall not do so until time has expired under those provisions.
3
The secretary shall send to:
a
the parties; and
b
in the case of appeals under Part III of these Rules, the traffic commissioner and the appropriate national authority
notice of the date, time and place fixed for the hearing.
4
Every notice sent under paragraph (3) shall contain a statement of the effect of rule 34.
5
The Tribunal may:
a
postpone the date or time of a hearing;
b
adjourn a hearing to such date or time as it may determine; or
c
alter the place of any hearing;
and, if any of the above take place, the secretary shall notify those persons notified under paragraph (3), of the revised arrangements.
Conduct of proceedings at hearings
30
1
The Tribunal may issue directions as to the conduct of hearings.
2
The Tribunal may adopt any method of proceeding at a hearing that it considers to be fair.
3
Hearings will be informal.
4
Every party to a case may appear at the hearing of it.
Representation at hearings
31
At any hearing, a party may conduct his case himself or may be represented by counsel, a solicitor, or, with the permission of the Tribunal, any other person whom he appoints for that purpose.
Limitation to grounds relied upon and evidence given
32
1
Subject to paragraph (2), a party shall be entitled to rely at any hearing only on those grounds stated in his notice of appeal (if he is the appellant), or in his written reply or statement under rule 22 (if he is any other party), and may give only such evidence as was given before the traffic commissioner.
2
Subject to paragraph 9(2) of Schedule 4 to the 1985 Act (tribunal not to consider new circumstances), the Tribunal may allow:
a
additional grounds to be put forward; and
b
evidence not given before the traffic commissioner to be admitted
and if so, details or copies of the same, as appropriate, shall be sent by the Tribunal to all parties prior to the hearing.
Hearings in public
33
1
Subject to the following paragraphs of this rule, all hearings by the Tribunal shall be in public unless it considers that there are exceptional reasons which make it desirable that a hearing, or any part of a hearing, should be in private.
2
Where any question relating to the financial standing of any person is to be considered during a hearing, the Tribunal may, if that person so requests, exclude the public from the part of the hearing during which that question is considered.
3
A member of the Council on Tribunals or of the Scottish Committee of the Council may be present in that capacity at any hearing by the Tribunal notwithstanding that the hearing, or part of the hearing, is not in public, and may remain present during the deliberations of the Tribunal but shall take no part in those deliberations.
Failure to attend
34
If any party fails to appear at a hearing, the Tribunal may, subject to rule 38, hear and determine the case in the party’s absence and, if the party is the applicant or appellant and the hearing is the final hearing of the case, it may dismiss the case.
Decision of the Tribunal
35
1
At the conclusion of any hearing the Tribunal may announce its decision orally.
2
A decision of the Tribunal which finally determines an appeal under Part III or a dispute under Part IV of these Rules shall be recorded in an order.
3
The Tribunal shall send a copy of the order referred to in paragraph (2), and a summary of the facts and reasons on which the decision is based, signed and dated by the judicial member, to each party and, other than in disputes to which Part IV of these Rules applies, to the traffic commissioner and the appropriate national authority.
4
A decision of the Tribunal to which paragraph (2) does not apply may be recorded in an order and may be given as set out in paragraph (3).
5
Except where the Tribunal provides for the decision to have effect on a specified date, the decision shall have effect on the date of the order or, if no order was made, on the date when it was notified to the applicant or appellant.
Records
36
1
Subject to paragraph (2), all orders of the Tribunal and any summary referred to in rule 35(3) may be inspected by any person at the office of the Tribunal, or by such other method as the Tribunal may allow.
2
Paragraph (1) does not apply to the summary of any hearing or part of a hearing from which the public is excluded by virtue of rule 33(1) or (2).
Irregularities
37
1
Any irregularity resulting from failure to comply with any provision of these Rules before the Tribunal has reached its decision shall not of itself render the proceedings void.
2
In any such case the Tribunal shall, if it considers that any person may have been prejudiced, take such steps as it thinks fit to cure the irregularity before reaching its decision.
3
Clerical mistakes in any document recording a decision of the Tribunal, or errors arising in such a document from an accidental slip or omission, may be corrected by a judicial member.
Review of decisions
38
1
This rule applies where a party fails to appear at a hearing.
2
The party may apply to the Tribunal for a review within 7 days of a copy of the order being sent to him.
3
The Tribunal may revoke the decision and set a date for a new hearing if it is satisfied that the party had good reason for not appearing.
4
Notice of the decision sent to an absent party under rule 35(3) shall include notification of his right to apply to the Tribunal for a review of the decision.
PART VI
Costs
39
1
Subject to paragraph (2), in any proceedings before the Tribunal, including proceedings withdrawn in accordance with rule 28, the Tribunal may make an order awarding costs against one or more party or parties (“the paying party”) and in favour of such other party or parties as may be specified in the order.
2
An order under paragraph (1) may only be made if the Tribunal considers that the conduct of the paying party in making, pursuing or resisting an appeal or application has been frivolous, vexatious, improper or unreasonable.
3
Before the Tribunal makes an order under paragraph (1), it shall give the paying party an opportunity to make representations.
4
An order under paragraph (1) may require the paying party to pay to such other party or parties as may be specified in the order:
a
a specified sum in respect of the costs incurred by such other party or parties in connection with the proceedings; or
b
the whole or a part specified in the order of those costs as assessed (if not otherwise agreed).
5
Any costs required by an order under this rule to be assessed shall be subject to detailed assessment proceedings as ordered by the Tribunal.
PART VII
Revocation
40
The Transport Tribunal Rules 1986 are revoked.
Signed by the authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
7th December 2000


text:
1
These Regulations may be cited as the Measuring Instruments (EEC Requirements) (Fees) (Amendment) Regulations 2000 and shall come into force on 1st April 2000.
2
In paragraph 1(a) respectively in Schedules 2, 3, 5 and 6 to the Measuring Instruments (EEC Requirements) (Fees) Regulations 1998 for the words “£65 per hour” there shall be substituted “£70 per hour” in all places where those words occur.
Kim Howells,
Parliamentary Under Secretary of State for Consumers and Corporate Affairs,
Department of Trade and Industry
8th March 2000
We consent,
Greg Pope,
Clive Betts,
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scotland Act 1998 (Modifications of Schedule 4) Order 2000 and shall come into force on the day after it is made.
2
In this Order, “ the Act ” means the Scotland Act 1998.
Pension sharing arrangements
2
In Part I of Schedule 4 to the Act (enactments etc. protected from modification by the Parliament), in paragraph 2 (prohibition on modification of the law on reserved matters)–
a
in sub paragraph (3) there is inserted “or???”???
c
the obligations under an order made by virtue of section 12A(2) or (3) of the Family Law (Scotland) Act 1985 (orders relating to pensions lump sums) of the person responsible for a pension arrangement other than an occupational or personal pension scheme; or
d
the obligations under Chapter I of Part IV of the Welfare Reform and Pensions Act 1999 (sharing of rights under pension arrangements) of the person responsible for such a pension arrangement; or
e
the effect of Chapter II of Part IV of that Act of 1999 (sharing of rights in state pension schemes) as read with Part II of the Social Security Contributions and Benefits Act 1992 (contributory benefits).
; and
b
for sub paragraph (4) there is substituted–
4
In sub paragraph (3)(c) “pension arrangement” and “person responsible for a pension arrangement” have the same meaning as in section 27(1) of the Family Law (Scotland) Act 1985.
.
Scottish Consolidated Fund
3
In Part I of Schedule 4 to the Act, in paragraph 4 (protection of the Act), in sub paragraph (3), at the end of paragraph (b), leave out “or (c)” and insert–
c
requires any sum to be payable out of that Fund, or
d
.
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 2) Regulations 2000 and shall come into force on 3rd April 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 1979 .
Amendment of regulations 19 and 25 of the principal Regulations
3
In regulation 19(1) (payments to be disregarded) of the principal Regulations after sub-paragraph (zs) there shall be added the following sub-paragraph–
zt
a payment made to a person as a participant in a scheme such as is mentioned in section 60(1) of the Welfare Reform and Pensions Act 1999 .
4
In regulation 25(2) (earnings for the purposes of certificates of exception) of the principal Regulations sub-paragraph (b) –
a
the word “or” immediately after paragraph (i) shall be omitted;
b
in paragraph (ii) for the words “under that scheme” there shall be substituted the words
under that scheme, or–
iii
where the applicant, as a participant in a scheme such as is mentioned in section 60(1) of the Welfare Reform and Pensions Act 1999, has received payments under that scheme,
.
Bob Ainsworth
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2000
Alistair Darling
The Secretary of State for Social Security hereby concurs.
11th March 2000