text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Dual-Use Items (Export Control) Regulations 2000 and shall come into force on 28th September 2000.
2
Subject to regulation 14, the Regulations specified in Schedule 1 are revoked.
Interpretation
2
1
In these Regulations:
“the 1994 Order ” means the Export of Goods (Control) Order 1994 ;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“the Community General Export Authorisation” means the export authorisation constituted by Article 6(1) and Annex II ;
“Community Licence” means an authorisation granted (whether before or after commencement of these Regulations) under the Regulation or Council Regulation ( EC ) No. 3381/94 of 19th December 1994 by a competent authority for the export of dual-use items from the European Community;
“competent authority” means the Secretary of State or any authority empowered by another Member State to grant export authorisations for dual-use items under the Regulation;
“country” includes territory;
“export”, unless the context otherwise requires, means export from the United Kingdom, including —
export to a destination within the customs territory of the European Community, and
the transmission of software or technology by fax, telephone or other electronic media (except that oral transmission of technology by telephone is included only where the technology is contained in a document the relevant part of which is read out over the telephone, or is described over the telephone in such a way as to achieve substantially the same result as if it had been so read);
and “exporter” and other cognate expressions shall be construed accordingly (except that where the export is to a destination outside the customs territory of the European Community, “exporter” has the same meaning as in the definition in Article 2(c), to the extent that that definition applies);
“import” and “export” in relation to a vessel, submersible vehicle or aircraft includes the taking into or out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that the vessel, submersible vehicle or aircraft is conveying goods or passengers, and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“items” means both used and unused items;
“items in transit” means —
items which only pass through the territory of the Community within the meaning of Article 3(4), and
items being exported to another Member State which are not being transferred from the United Kingdom to that other Member State within the meaning of Article 21;
“normal commercial journey” means a journey providing transport services in the ordinary course of business;
“proper” has the same meaning as in the Customs and Excise Management Act 1979 ;
“the Regulation” means Council Regulation (EC) No. 1334/2000 of 22nd June 2000 setting up a Community regime for the control of exports of dual-use items and technology ; and any reference to a numbered Article or Annex is to the article in, or Annex to, the Regulation so numbered;
“scheduled journey” means one of a series of journeys which are undertaken between the same two places and which together amount to a systematic service operated in such manner that its benefits are available to members of the public from time to time seeking to take advantage of it;
“surface effect vehicle” means any air cushion vehicle (whether side wall or skirted) and any vehicle using the wing-in-ground effect for positive lift;
“vessel” includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil, and the hull or part of the hull of a vessel.
2
Any reference in these Regulations to time after an event is a reference to a period of that length of time beginning on the day after that event.
3
In these Regulations, except where the context otherwise requires, any reference to:
a
a numbered regulation or Schedule is to the regulation in or Schedule to these Regulations which is so numbered;
b
a numbered paragraph or sub-paragraph is to the paragraph or sub-paragraph which is so numbered in the regulation, Schedule or paragraph where the reference occurs.
4
Except where these Regulations otherwise provide, expressions used in the Regulation which are also used in these Regulations have the same meaning in these Regulations as they have in the Regulation.
Granting and revocation etc. of licences
3
1
The Secretary of State may grant licences and Community Licences.
2
Any licence or Community Licence granted by the Secretary of State in pursuance of these Regulations or having effect as if so granted may be:
a
either general or individual;
b
limited so as to expire on a specified date unless renewed;
c
subject to or without conditions, and any such condition may require or prohibit any act before or after the export of items under that licence or Community Licence;
d
varied or revoked by the Secretary of State.
Exports of dual-use items
4
1
Subject to Article 6(1), a Community Licence is the authorisation required by:
a
Article 3(1) for the export from the European Community of any item listed in Annex I; and
b
paragraphs 1, 2 and 3 of Article 4 for the export from the European Community, in the circumstances respectively described in those paragraphs, of dual-use items not listed in Annex I.
2
A licence granted by the Secretary of State is the authorisation required by Article 21(1) for the export to another Member State of items listed in Annex IV.
3
Subject to the provisions of these Regulations:
a
no person shall export any items specified in Schedule 2 contrary to a prohibition set out in that Schedule;
b
no person shall make to any destination any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology which are items in transit and which —
i
that person (or, if that person is not within the United Kingdom, any agent of that person within the United Kingdom concerned in the export or intended export) has been informed by a competent authority are or may be intended, in their entirety or in part, for use in connection with the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or other nuclear explosive devices, or the development, production, maintenance or storage of missiles capable of delivering such weapons, or
ii
that person is aware are intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), or
iii
that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used;
c
no person shall export to any destination not in a Member State any dual-use items which that person has grounds for suspecting are or may be intended, in their entirety or in part, for any of the uses referred to in sub-paragraph (b)(i), unless that person has made all reasonable enquiries as to their proposed use and is satisfied that they will not be so used; and
d
no person shall export to a destination in a Member State —
i
any items listed in Annex I but not in Annex IV ,
ii
any items specified in Schedule 2, or
iii
any dual-use items not listed in Annex I and not specified in Schedule 2 but for the export of which from the European Community an authorisation is required in accordance with Article 4(1), (2) or (3) or under Article 4(4),
if that person knows at the time of export that the final destination of those items is outside the European Community and no processing or working is to be performed on those items in any Member State to which they are to be exported.
4
Subject to the provisions of these Regulations, paragraph (3) does not prohibit the export of any items in relation to which a licence in writing has been granted by the Secretary of State, provided that all conditions attaching to the licence are complied with.
5
No person shall make any export consisting of the transmission by fax, telephone or other electronic media of dual-use items in the form of software or technology —
a
to any destination not in a Member State, if the export is contrary to the restriction imposed by Article 3(1);
b
to any destination in a Member State, if the export is contrary to the restriction imposed by Article 21(1).
6
Subject to the provisions of these Regulations:
a
paragraph (5)(a) does not prohibit the export of any items under the authority of the Community General Export Authorisation, or in relation to which a licence in writing has been granted by the Secretary of State or a Community Licence has been granted by any competent authority, provided that all conditions applying to that Authorisation or attaching to the licence or Community Licence are complied with; and
b
paragraph (5)(b) does not prohibit the export of any items in relation to which a licence in writing has been granted by the Secretary of State provided that all conditions attaching to the licence are complied with.
Exceptions
5
1
Nothing in these Regulations prohibits the export of:
a
any aircraft on a scheduled journey;
b
any aircraft the immediately preceding import of which was on a scheduled journey and which is intended for further scheduled journeys;
c
any vessel which is departing temporarily from the United Kingdom on trials;
d
any vessel proceeding on a normal commercial journey.
2
Paragraphs (a) and (d) of Regulation 4(3) do not apply in respect of items in transit.
Customs and Excise powers
6
1
Any dual-use items not listed in Annex I, in relation to which a Community Licence has not been granted and which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community, not being items which only pass through the territory of the Community within the meaning of Article 3(4), may be detained by the proper officer of Customs and Excise as if they were liable to forfeiture if and so long as that officer has reason to believe that a competent authority (after, if necessary, having had the impending export brought to its attention) might inform the exporter as provided in Article 4(1), (2) or (3).
2
Where —
a
a Community Licence has been granted by a competent authority in another Member State for the export of any items to any destination outside the European Community,
b
the export of any items is authorised by the Community General Export Authorisation, or
c
items, of which the exporter (within the meaning of the Regulation) is established in a Member State other than the United Kingdom but not in the United Kingdom, are or have been detained under paragraph (1),
the Secretary of State may give notice to the proper officer of Customs and Excise that he considers that export of the items would be contrary to the essential foreign policy or security interests, or to the fulfilment of the international obligations or commitments, of the United Kingdom; and in such a case the export is prohibited notwithstanding, in a case within sub-paragraph (a) the grant of the Community Licence, or in a case within sub-paragraph (b) the Community General Export Authorisation.
3
In the case of an export which includes the transmission of software or technology by fax, telephone or other electronic media, the Secretary of State shall send a copy of any notice given under paragraph (2) to the exporter (or, if the exporter is not within the United Kingdom, any agent of the exporter within the United Kingdom concerned in the export or intended export) at the address stated in the particulars given under regulation 9(1) or (2), or if no such particulars have been given:
a
if the exporter or agent is a body corporate, at the address of its registered or principal office in the United Kingdom; or
b
in any other case, at the usual or last known address in the United Kingdom of the exporter or agent (whether of the exporter’s or agent’s residence or a place where the exporter or agent carries on business).
4
Any items listed in Annex I in relation to which a Community Licence has been granted which are brought to any place in the United Kingdom for the purpose of being exported to a destination outside the European Community may be detained by the proper officer of Customs and Excise for a period of ten working days as if they were liable to forfeiture where that officer or the Secretary of State has grounds for suspicion that:
a
relevant information was not taken into account when the Community Licence was granted; or
b
circumstances have materially changed since the issue of the Community Licence,
provided that the period shall be extended to 30 working days where the Secretary of State certifies that a request for such an extension in accordance with Article 12.4 has been received from the Member State which granted the Licence.
5
Any exporter shall, if so required by the Commissioners, furnish within such time as they may allow proof to their satisfaction that the items exported have reached either —
a
a destination to which they were authorised to be exported by the Community General Export Authorisation or by a Community Licence or by a licence granted for the purposes of these Regulations, or
b
a destination to which their export was not prohibited by these Regulations,
and an exporter who fails to do so shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale unless he proves that he did not consent to or connive at the items reaching any destination other than such a destination.
Misleading applications for licences etc.
7
For the purposes of obtaining any licence from the Secretary of State or any Community Licence from any competent authority no person shall —
a
make any statement or furnish any document or information which to that person’s knowledge is false in a material particular, or
b
recklessly make any statement or furnish any document or information which is false in a material particular;
and any licence or Community Licence which may have been granted by the Secretary of State in connection with an application for which a false statement was made or a false document or information was furnished shall be void as from the time it was granted.
Failure to comply with licence conditions
8
1
This paragraph applies to any person who:
a
has exported items from —
i
the United Kingdom under the authority of a licence granted by the Secretary of State or of the Community General Export Authorisation,
ii
the European Community under the authority of a Community Licence granted by the Secretary of State, or
iii
the European Community under the authority of a Community Licence sought by or on behalf of a person in, or established in, the United Kingdom; and
b
fails to comply with any condition attaching to that licence or Community Licence or applying on use of the Community General Export Authorisation, as the case may be.
2
Subject to paragraph (3), a person to whom paragraph (1) applies is guilty of an offence and liable:
a
on summary conviction to a fine not exceeding the statutory maximum, and
b
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both.
3
No person is guilty of an offence under paragraph (2) where:
a
as the case may be —
i
in the case of a licence the condition in question had been previously modified without that person’s consent by the Secretary of State,
ii
in the case of a Community Licence the condition in question had been previously modified without that person’s consent by the Secretary of State or other competent authority which granted that Community Licence, or
iii
in the case of the Community General Export Authorisation the condition in question had been previously modified;
b
the alleged failure to comply would not have been a failure had the licence, Community Licence or Community General Export Authorisation not been so modified; and
c
that person proves that the items in relation to which he has failed to comply with the condition had, at the time the condition was modified, been exported from the United Kingdom in the case of a licence or from the European Community in the case of a Community Licence or the Community General Export Authorisation.
Registration with the Secretary of State and provision of information
9
1
Not later than 30 days after —
a
any person first makes an export from the United Kingdom or from the European Community under the authority of any licence or Community Licence, as the case may be, granted by the Secretary of State that does not provide otherwise, or
b
any person established in the United Kingdom first makes an export from the United Kingdom under the authority of the Community General Export Authorisation,
that person shall give to the Secretary of State written notice of the following particulars:
i
the name of the person; and
ii
the address at which copies of the records referred to in regulation 10 may be inspected by any person authorised by the Secretary of State or the Commissioners under regulation 10.
2
A person who has given to the Secretary of State written notice of particulars under paragraph (1) shall, not later than 30 days after any change in those particulars, give to the Secretary of State written notice of the changed particulars.
3
Not later than 30 days after the first export of any item listed in Part 2 of category 5 in Annex I but not specified in Part I of Schedule 3 from the United Kingdom under the authority of the Community General Export Authorisation by any person, that person shall (in addition to any notice given under paragraph (1)), give to the Secretary of State in relation to that item written notice of such of the information specified in Part II of Schedule 3 as is in that person’s possession and such other of that information as that person can reasonably be expected to obtain within that time.
4
A person who has given to the Secretary of State written notice of information under paragraph (3) shall, not later than 30 days after any change in that information, give to the Secretary of State written notice of the changed information.
5
Any notice to be given by a person under this regulation may be given by the agent of that person; and shall be sent by post or delivered to the Secretary of State at the Applicant Services and Compliance Unit, Department of Trade and Industry, 4 Abbey Orchard Street, London SW1P 2HT.
Record keeping and inspection
10
1
Any person established in the United Kingdom who exports any items from the European Community under the authority of a Community Licence, and any such person who exports any items from the United Kingdom under the authority of the Community General Export Authorisation, shall maintain records in relation to each such export that contain the following information:
a
a description of the items;
b
the quantity of the items;
c
the person’s name and address;
d
the name and address of any consignee of the items;
e
in so far as it is known to that person, the end-use of the items and the name and address of the end-user; and
f
in the case of an export under the authority of a Community Licence, any further information required by the Community Licence to be kept.
2
The records referred to in paragraph (1) shall be kept for at least 3 years from the end of the calendar year in which the export took place, and the person concerned shall permit any such records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners.
3
Any person who has been granted a Community Licence under these Regulations in relation to the export from the European Community of any items shall, upon request in writing by the Secretary of State or the Commissioners, produce any documents or other records he may hold that relate to the application for that Community Licence; and any such documents or records shall be kept for at least 3 years from the end of the calendar year in which such application was made, and that person shall permit any such documents or records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners.
4
Any person authorised by the Secretary of State or the Commissioners may, on producing if required to do so a duly authenticated document showing his authority, at any reasonable hour enter:
a
for the purpose of paragraph (2), the premises of which the address has most recently been notified to the Secretary of State under regulation 9; or
b
for the purpose of paragraph (3), any premises of which the address has been notified for this purpose by the exporter to a competent authority when applying for a licence.
5
Where any documents or records referred to in paragraph (2) or (3) are kept in a form which is not legible the exporter shall at the request of the person authorised by the Secretary of State or the Commissioners, as the case may be, reproduce such documents or records in a legible form.
6
The documents and records to be kept in accordance with Article 21(5) shall be the records referred to in paragraph (1)(a) to (e). Paragraphs (4) and (5) and the provision in paragraph (2) relating to inspection and copying shall apply for the production of such documents and records to the competent authorities in accordance with Article 21(5) as they apply in respect of the records referred to in paragraph (2) or (as the case may be) in respect of entry into premises for the purpose of paragraph (2).
7
Any person who exports to another Member State any item listed in Part 2 of category 5 in Annex I but not listed in Annex IV shall maintain records in relation to each such export that contain such of the information specified in Part II of Schedule 3 as that person can reasonably be expected to obtain and such other of that information as comes into that person’s possession. These records shall be kept for at least 3 years from the end of the calendar year in which the export took place, and that person shall permit any such records to be inspected and copied by any person authorised by the Secretary of State or the Commissioners. Paragraphs (4) and (5) and the provision in paragraph (2) relating to inspection and copying shall apply for the production of such documents and records as they apply in respect of the records referred to in paragraph (2) or (as the case may be) in respect of entry into premises for the purpose of paragraph (2).
Penalties for failure to comply with these Regulations
11
1
Any person who contravenes:
a
regulation 4 (3),
b
regulation 4 (5)(a) with intent to evade the restriction imposed by Article 3(1),
c
regulation 4 (5)(b) with intent to evade the restriction imposed by Article 21(1), or
d
a prohibition in regulation 6 (2)
is guilty of an offence and may be arrested, and for these purposes section 68(2) of the Customs and Excise Management Act 1979 shall not apply.
2
A person guilty of an offence under paragraph (1) is liable:
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
3
Any person who fails to comply with regulation 7, 9 or 10, or Article 4(4), 9(1) or 21(5) or (7), is guilty of an offence and is liable:
a
on conviction on indictment to a fine or imprisonment for a term not exceeding 2 years, or to both; or
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person who contravenes regulation 4 (5) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
5
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act 1984 applies to the offence in paragraph (1) (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it were mentioned in that subsection; and accordingly that offence is an arrestable offence within the meaning of that Act.
6
In Northern Ireland, paragraph (2) of Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 applies to the offence in paragraph (1) (which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of it) as if it were mentioned in that paragraph; and accordingly that offence is an arrestable offence within the meaning of that Order.
Application of the Customs and Excise Management Act 1979
12
1
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) applies to the arrest of any person for any offence under regulation 11(1) as it applies to the arrest of any person for any offence under the customs and excise Acts.
2
Sections 145 to 148 and 150 to 155 of that Act (proceedings for offences, mitigation of penalties, proof and other matters) apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
3
Nothing in subsections (1) to (4) of section 145 of that Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) prevents the institution of proceedings by the Secretary of State for an offence of failing to comply with regulation 7, 8, 9 or 10.
4
Where the Commissioners investigate, or propose to investigate, any matter with a view to determining —
a
whether there are grounds for believing that an offence under regulation 11(1)(a) for contravention of regulation 4(3)(b), 11(1)(b) or (c) or 11(4) has been committed; or
b
whether a person should be prosecuted for that offence,
the matter shall be treated as an assigned matter within the meaning of that Act.
5
In this regulation, “customs and excise Acts” has the same meaning as in section 1 of that Act.
Exclusion, modification and amendment of the Export of Goods (Control) Order 1994
13
The 1994 Order does not apply in respect of the export of dual-use items or items specified in Schedule 2, other than the export of goods which are items in transit; and in respect of goods which are items in transit has effect as if Part III of Schedule 1 to that Order included Annex I and Schedule 2.
Transitional
14
1
Notwithstanding the revocation by regulation 1 (2) of the Regulations specified in Schedule 1:
a
those Regulations shall continue to apply in relation to any export which has occured before 28th September 2000; and
b
subject to paragraph (2), any licence or Community Licence issued by the Secretary of State under those Regulations which has not ceased to have effect before 28th September 2000 shall continue to have effect until the same date as it would have had effect if those Regulations had not been revoked, but shall be deemed on and after 28th September 2000 to have been issued under these Regulations.
2
Any licence or Community Licence issued by the Secretary of State under the Regulations specified in Schedule 1 shall cease to have effect at the end of 27th September 2000 so far as, but for this paragraph, it would relate to an export for which an authorisation is not required by the Regulation and which:
a
occurs after that date; and
b
is not prohibited (other than under the authority of a licence or Community Licence or of the Community General Export Authorisation) by these Regulations.
3
Any licence or Community Licence which continues to have effect under paragraph (1)(b) and which authorises the export of goods comprising or including software or technology shall be deemed on and after 28th September 2000 to authorise, to the same extent, the transmission of that software or technology by fax, telephone or other electronic media.
Stephen Byers
Secretary of State for Trade and Industry
20th September 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greater London Authority (Elections and Acceptance of Office) Order 2000 and shall come into force on 7th March 2000.
2
In this Order “the 1999 Act ” means the Greater London Authority Act 1999.
Designation of returning officer
2
As respects the first ordinary election of the Authority, Robert Valentine Hughes CBE of 10th Floor, Riverwalk House, 157–161 Millbank, London SW1P 4RR is hereby designated as the returning officer at the election of the Mayor and the election of the London members, instead of the person specified in section 35(2C) of the Representation of the People Act 1983 .
Consequential modification
3
As respects the first ordinary election of the Authority, section 29 of the 1999 Act shall have effect as if for the definition of “Greater London returning officer” there were substituted–
“Greater London returning officer” means the person designated as the returning officer at the election of the Mayor and the election of the London members by the Greater London Authority (Elections and Acceptance of Office) Order 2000;
Form of declaration of acceptance of office
4
Subject to regulation 5(3), the declaration of acceptance of the office of–
a
Mayor;
b
Assembly member; and
c
acting Mayor by virtue of being Deputy Mayor,
shall be in the form in the Schedule to this Order or a form to the like effect.
Acceptance of office in relation to the first ordinary election
5
1
In this article–
“declarations” means declarations of acceptance of the office of Mayor and of Assembly member, and
“the specified person” means the person for the time being appointed under section 407 of the 1999 Act as head of the Authority’s paid service.
2
As respects the first ordinary election of the Authority–
a
declarations may be made before the specified person;
b
the specified person may take declarations;
c
declarations shall be delivered to the specified person instead of the proper officer of the Authority; and
d
declarations so delivered shall be transmitted by the specified person to the proper officer of the Authority when one has been appointed.
3
As respects the first ordinary election of the Authority, in the form of declaration of acceptance of office prescribed by article 4 for the words “ Proper officer of the Greater London Authority” there shall be substituted “ Authorised by the Greater London Authority (Elections and Acceptance of Office) Order 2000 to take this declaration”.
Returns and declarations as to election expenses
6
As respects the first ordinary election of the Authority, for the purposes of sections 81 and 82 of the Representation of the People Act 1983 the appropriate officer is–
a
in relation to the Mayor and to each London member, the person for the time being appointed under section 407 of the 1999 Act as head of the Authority’s paid service, and
b
in relation to each constituency member, the returning officer specified in relation to the constituency in question by the Greater London Authority (Assembly Constituencies and Returning Officers) Order 1999 .
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
9th February 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Temporary Compensation Payment Scheme) Regulations 2000 and shall come into force on 31st January 2001.
2
In these Regulations, unless the context otherwise requires —
“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000;
“the Child Support Act ” means the Child Support Act 1991 before its amendment by the 2000 Act ; and
“the Social Security Act ” means the Social Security Act 1998 .
Application of the Regulations
2
1
For the purposes of section 27(2) of the 2000 Act, section 27 shall have effect as if it were modified so as to apply to cases of arrears of child support maintenance which have become due under a fresh maintenance assessment made in the following circumstances:
a
where the Secretary of State has given a departure direction under section 28F of the Child Support Act and —
i
the revised amount is higher than the current amount; and
ii
the effective date of the fresh maintenance assessment is a date before 1st June 1999; or
b
following a review under section 18 of the Child Support Act (reviews of decisions of child support officers) or a review under section 19 of that Act (reviews at instigation of child support officers) (as those provisions had effect before their substitution by section 41 of the Social Security Act),
and the effective date of the assessment is earlier than the date on which the assessment was made; or
c
following an appeal to a child support appeal tribunal under section 20 of the Child Support Act (as it had effect before its substitution by section 42 of the Social Security Act) against a decision of a child support officer.
2
In this regulation —
“current amount” means the amount of child support maintenance fixed by the current assessment; and
“revised amount” means the amount of child support maintenance fixed by the fresh maintenance assessment as a result of the departure direction given by the Secretary of State.
Prescribed date
3
For the purposes of section 27(1)(a) of the 2000 Act, the prescribed date is 1st April 2002.
Prescribed circumstances
4
1
In relation to cases of arrears which have become due under a maintenance assessment falling within section 27(1)(a) of the 2000 Act or a fresh maintenance assessment falling within section 27(1)(b) of the 2000 Act or regulation 2(1), the prescribed circumstances for the purposes of section 27(3) of the 2000 Act are that —
a
more than 6 months of arrears of child support maintenance have become due under the maintenance assessment;
b
at least 3 months of those arrears are due to unreasonable delay due to an act or omission by the Secretary of State or a child support officer as the case may be;
c
the Secretary of State is authorised under section 29(1) of the Child Support Act to arrange for the collection of child support maintenance payable in accordance with the maintenance assessment;
d
the Secretary of State is satisfied that the absent parent is, at the time the agreement is made, making such payments as are required of him in accordance with regulations made under section 29(3)(b) or (c) of the Child Support Act;
e
where the absent parent is liable to make child support maintenance payments under a different maintenance assessment, there are no existing arrears in relation to any of them at the time the agreement is made, except for those arrears that the Secretary of State is satisfied have arisen through no fault of the absent parent; and
f
in relation to cases under section 27(1)(b) of the 2000 Act or regulation 2(1), the absent parent has paid any arrears which he has been required to pay in relation to the maintenance assessment, or has done so except in relation to —
i
arrears of at least 3 months which are due to unreasonable delay due to an act or omission of the Secretary of State or a child support officer as the case may be; or
ii
any other arrears that the Secretary of State is satisfied have arisen through no fault of the absent parent.
2
In this regulation “agreement” means an agreement under section 27 of the 2000 Act.
Terms of the agreement
5
1
For the purposes of section 27(4) of the 2000 Act, the terms which may be specified in the agreement are —
a
the period of the agreement;
b
payment of the child support maintenance payable in accordance with the maintenance assessment and, where relevant, the arrears, by whichever of the following methods the Secretary of State specifies as being appropriate in the circumstances —
i
by standing order;
ii
by any other method which requires one person to give his authority for payments to be made from an account of his to an account of another’s on specific dates during the period for which the authority is in force and without the need for further authority from him;
iii
by an arrangement whereby one person gives his authority for payments to be made from an account of his, or on his behalf, to another person or to an account of that other person;
iv
by cheque or postal order;
v
in cash;
vi
by debit card;
vii
where the Secretary of State has made a deduction from earnings order under section 31 of the Child Support Act —
aa
by cheque;
bb
by automated credit transfer; or
cc
by such other method as the Secretary of State may specify;
c
the amount of the arrears that the absent parent is required to pay (which shall include at least the last 6 months of the arrears due under the maintenance assessment);
d
the day and interval by reference to which payments of the arrears are to be made by the absent parent; and
e
the confirmation by the Secretary of State that he will not, while the agreement is complied with, take action to recover any of the arrears.
2
In this regulation “debit card” means a card, operating as a substitute for a cheque, that can be used to obtain cash or to make a payment at a point of sale whereby the card holder’s bank or building society account is debited without deferment of payment.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
30th November 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2000 and shall come into force on 19th May 2000.
Amendment of Schedule 1 to the Social Security (Contributions) Regulations 1979
2
For paragraph (3) of regulation 26A of Schedule 1 to the Social Security (Contributions) Regulations 1979 (level below which an employer may choose to make payments to the Collector quarterly rather than monthly) substitute —
3
The condition specified in this paragraph is that, for income tax months falling within the current year, the average monthly amount found by the formula —
N + P + L + S - T will be less than £1,500.
Here —
N is the amount which would be payable to the Collector under the Social Security Contributions and Benefits Act 1992 and the Main Regulations if any adjustment to that amount under regulation 7(3) of the Tax Credits (Payments by Employers) Regulations 1999 (funding of payment by relevant employer or relevant subsequent employer of tax credit) were disregarded;
P is the amount which would be payable to the Collector under regulation 40 of the Income Tax (Employments) Regulations 1993 (payment of tax monthly by employer) if any adjustment to that amount under regulation 7(1) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
L is the amount which would be payable to the Collector under regulation 39(1) of the Education (Student Loans) (Repayment) Regulations 2000 (payment of repayments deducted to the Inland Revenue) if the reduction of that amount which is referred to in paragraph (3) of that regulation and in regulation 7(2) of the Tax Credits (Payments by Employers) Regulations 1999 were disregarded;
S is the amount payable to the Collector under section 559 of the Taxes Act and the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 ; and
T is the amount which the employer is required to pay by way of tax credit in accordance with regulation 6(2) of the Tax Credits (Payment by Employers) Regulations 1999 (relevant employer’s or relevant subsequent employer’s obligation to pay tax credits).
.
Tim Flesher
Ann Chant
Two of the Commissioners of Inland Revenue
25th April 2000


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Recovery of Benefits) (Miscellaneous Amendments) Regulations 2000 and shall come into force on 4th December 2000.
Amendment of the Social Security (Recovery of Benefits) Regulations 1997
2
In regulation 1(2) of the Social Security (Recovery of Benefits) Regulations 1997 (interpretation) for the words “Reyrolle Building, Hebburn, Tyne and Wear, NE31 1XB” there shall be substituted the words “Durham House, Washington, Tyne and Wear, NE38 7SF”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
In regulation 29(5) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (particulars required in respect of certificates of recoverable benefits) for the words “Reyrolle Building, Hebburn, Tyne and Wear, NE31 1XB” there shall be substituted the words “Durham House, Washington, Tyne and Wear, NE38 7SF”.
4
In regulation 33(2)(a) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of appeals and applications) for the words “Reyrolle Building, Hebburn, Tyne and Wear, NE31 1XB” there shall be substituted the words “Durham House, Washington, Tyne and Wear, NE38 7SF”.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
8th November 2000


text:
Citation and commencement
1
1
This Order may be cited as the Competition Act 1998 (Determination of Turnover for Penalties) Order 2000 and shall come into force on 1st March 2000.
Interpretation
2
1
In this Order:
“ the Act ” means the Competition Act 1998;
“applicable turnover” means the turnover of an undertaking for a business year determined in accordance with the Schedule to this Order; and where a business year does not equal 12 months the applicable turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to that period;
“business year” means a period of more than six months in respect of which an undertaking publishes accounts or, if no such accounts have been published for the period, prepares accounts;
“length of the infringement” means the period in a decision made under section 36 of the Act during which an undertaking is determined to have infringed the Chapter I or the Chapter II prohibition, and the “date when the infringement ended” means the end of that period.
Determination of turnover for the purposes of section 36(8)
3
The turnover of an undertaking for the purposes of section 36(8) is:
1
the applicable turnover for the business year preceding the date when the infringement ended;
2
where the length of the infringement is more than 12 months, in addition the amount of the applicable turnover for the business year preceding that identified under paragraph (1) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 12 months bears to 12 months; and
3
where the length of the infringement is more than 24 months, in addition the amount of the applicable turnover for the business year preceding that identified under paragraph (2) which bears the same proportion to the applicable turnover for that business year as the period by which the length of infringement exceeds 24 months bears to 12 months;
save that the amount added under paragraph (2) or (3) shall not exceed the amount of the applicable turnover for the preceding business year in question.
4
Where in the application of article 3 there is any period in respect of which there is no preceding business year then the applicable turnover shall be the turnover for that period.


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Children’s Homes Amendment Regulations 2000 and shall come into force on 1st January 2001.
2
In these Regulations, “ the Act ” means the Children Act 1989.
3
These Regulations extend to England only.
Amendment of the Children’s Homes Regulations 1991
2
1
The Children’s Homes Regulations 1991 shall be amended by inserting after regulation 3A, the following regulation —
Exemption from registration as a children’s home
3B
1
Subject to section 63(12) and Schedule 7 to the Act (Foster parents: limits on numbers of foster children), any home in which a child is cared for and accommodated by a person who —
a
is a local authority foster parent in relation to the child; or
b
is a foster parent with whom the child has been placed by a voluntary organisation; or
c
fosters the child privately,
is so far as the provision of care and accommodation for that child is concerned, exempt from the definition of “a children’s home” in section 63(3) of the Act.
Signed by authority of the Secretary of State.
John Hutton
Minister of State,
Department of Health
10th October 2000


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Charitable Deductions (Approved Schemes) (Amendment) Regulations 2000 and shall come into force on 6th April 2000.
2
Regulations 4 and 5 shall have effect in relation to sums withheld on or after 6th April 2000.
Interpretation
2
In these Regulations “the principal Regulations ” means the Charitable Deductions (Approved Schemes) Regulations 1986 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 3 after paragraph (j) there shall be inserted the following paragraph —
ja
that the approved agency will pay to the charities specified by the employees the sums paid to it by the employer pursuant to the scheme within a period which does not exceed the period set out in regulation 4A;
.
4
After regulation 4 there shall be inserted the following regulation —
Period for payment by agencies to charities
4A
1
An approved agency shall, notwithstanding anything in the provisions of an approved scheme or in a contract entered into with the employer to give effect to an approved scheme, pay to the charities specified by the employees the sums paid to it by the employer pursuant to the scheme not later than 60 days following either —
a
the date on which it receives the sums paid to it from the employer or, if later,
b
the date on which it receives notification of the charity or charities specified by an employee.
2
Where an employee has been provided with a voucher by which payment may be made to a charity, the date on which a charity presents that voucher to the approved agency for payment shall be treated for the purposes of paragraph (1)(b) as the date on which the approved agency receives notification of the specification of that charity by the employee.
5
In regulation 9 for paragraph (3) there shall be substituted the following paragraph —
3
Where an approved agency has not paid to the charities specified by the employees the sums paid to it by the employer pursuant to the scheme within the period set out in regulation 4A, the approved agency shall, not later than 7 days following the last day on which it should have paid those sums to the charities, inform the Board by furnishing a statement of those sums and the reasons why it has not been able to comply with regulation 4A.
Bob Ainsworth
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2000


text:
Citation and commencement
1
1
This Order may be cited as the Harwich Haven Harbour Revision Order 2000 and shall come into force on 28th November 2000.
2
The Harwich Harbour Acts and Orders 1973 to 1993 and this Order may be cited together as the Harwich Harbour Acts and Orders 1973 to 2000.
Interpretation
2
1
In this Order —
“the 1973 Order ” means the Harwich Harbour Revision Order 1973 ;
“appointing authority” means any of the authorities mentioned in article 3(2) of the 1973 Order as substituted by article 3 of this Order;
“the appointed day” means the 56th day after the day on which this Order comes into force;
“ the Authority ” means the Harwich Haven Authority;
“ Board member ” means a member of the Authority;
“the Chief Executive ” means the chief executive of the Authority;
“the Harbour Master ” means the harbour master of the Authority;
“the Haven” means the area comprising —
Harwich Harbour as described in section 4(1)(a) of the Harwich Harbour Act 1974 ; and
the Harwich seaward area as described in section 4(1)(b) of that Act and extended by article 3 of the Harwich Harbour Revision Order 1979 , section 3 of the Harwich Harbour Act 1988 and article 3 of the Harwich Haven Harbour Revision Order 1993 .
Constitution of the Board
3
For article 3 (Constitution of the Board) of the 1973 Order there is substituted the following: —
3
1
On and after the appointed day the Authority shall consist of —
a
the Chairman and seven other Board members appointed by the appointing authorities;
b
the Chief Executive; and
c
the Harbour Master or another executive of the Authority appointed by the Chairman after consultation with the Chief Executive.
2
The appointing authorities and the number of Board members appointed by each are —
a
the Secretary of State:
the Chairman and four others; and
b
the Authority:
three.
.
Board members: selection and specialist skills
4
The following articles are inserted after article 3 of the 1973 Order: —
Selection of board members
3A
1
Each appointing authority shall make the appointments provided for by article 3 of this Order on merit and having had regard to equal opportunities.
2
Each Board member is independent and, accordingly, the appointing authorities shall not appoint any Board member to be a representative of any particular interest.
Board members' specialist skills
3B
1
The appointing authorities shall together take steps to secure that the appointments made by them provide an appropriate balance of skills, competencies and experience which shall include, but not be limited to, current knowledge and experience of the ports industry in the region, environmental matters affecting the Haven and commercial activities in, and recreational use of, the Haven.
2
Of the four Board members other than the Chairman appointed by the Secretary of State under article 3(2)(a) of this Order, one shall be a person who appears to the Secretary of State to have knowledge and experience of environmental matters affecting the area of the Haven.
3
Of the three Board members appointed by the Authority under article 3(2)(b) of this Order, one shall be a person who appears to the Authority to have relevant current maritime expertise, and the other two shall be persons who appear to the Authority to have relevant current knowledge and experience of the port industry in the region.
.
Appointment and terms of office
5
For article 4 (Appointment of Conservators) of the 1973 Order there is substituted the following: —
Appointment and terms of office
4
1
Each appointing authority shall make the appointments provided for by this Order —
a
in the case of appointments which are to have effect on the appointed day, by 1st November 2000 or the third day after this Order comes into force, whichever is later; and
b
in the case of subsequent appointments which fall to be made in any year, by not later than 1st November in that year.
2
The Chief Executive shall hold office as a Board member so long as he remains Chief Executive.
3
The Harbour Master or other executive appointed under article 3(1)(c) of this Order (“the appointed executive”) shall hold office for a term of 12 months unless he previously ceases to hold the executive position held by him at the time of his appointment.
4
Each of the appointed Board members shall (unless he previously resigns) hold office —
a
in the case of —
i
the Chairman, and
ii
two of the Board members appointed by the Authority,
whose appointment is to have effect on the appointed day, for a term of four years; and
b
in the case of all other appointments, for a term of three years.
5
Upon ceasing to hold office, each Board member shall be eligible for reappointment unless —
a
he has already held office for three terms, or in the case of the appointed executive, nine terms; or
b
he has already held office for two terms, or in the case of the appointed executive, six terms, and there are no exceptional reasons for his reappointment.
6
Notwithstanding paragraph (5) of this article, the Chairman may serve as a Board member for a total of four terms, but may not hold office as Chairman for more than three terms.
7
The appointments provided for by this Order shall be notified in writing to the Chief Executive.
.
Disqualification of Board members
6
Article 7 of the 1973 Order is amended as follows: —
a
in paragraph (1), for the words “If the Board are satisfied that” there are substituted the words “This article applies where”;
b
after paragraph (1)(a) there is inserted —
aa
has knowingly failed in a material respect to act in his capacity as a Board member independently of any particular interest;
aaa
appears to the Chairman to be unable or unwilling adequately to discharge his functions as a Board member;
;
c
after paragraph (1)(d), the words “the Board may” to the end of paragraph (1) are omitted; and
d
after paragraph (1) there is inserted —
1A
If —
a
the Chairman, or
b
the Authority,
is satisfied that this article applies to any Board member, and that the Board member should be disqualified from office in consequence, the Chairman or, as the case may be, the Authority may declare his office as a Board member to be vacant, and thereupon the office shall become vacant.
1B
Before satisfying himself as described in paragraph (1A) of this article the Chairman shall consult all Board members other than the member in respect of whom a declaration is being considered.
.
Publication of accounts
7
In the Harwich Harbour Act 1974 —
a
the following subsection is inserted after section 68(3): —
4
The Authority shall make the accounts, as approved at the meeting referred to in subsection (3) of this section, and the strategy plan required by section 68A (Strategy plans) of this Act, available at its principal office for inspection, and for the purchase of copies at a reasonable price.
;
b
the following section is inserted after section 68: —
Strategy plans.
68A
The Authority shall prepare, by way of supplement to the annual accounts, a strategy plan containing —
a
general information about the Authority and Board members;
b
statements of the Authority’s key policies, its strategic objectives, and its targets for a stated period not less than the coming financial year;
c
a statement outlining the Authority’s operations during the period covered by the accounts, its operational performance and future plans.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division
Department of the Environment, Transport and the Regions
27th November 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Camden) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Camden specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th May 2000


text:
1
These Regulations may be cited as the Education (Student Support) (European Institutions) (Amendment) Regulations 2000 and shall come into force on 21st April 2000.
2
The Education (Student Support) (European Institutions) Regulations 1999 shall be amended as follows.
3
In regulation 3(1)–
a
at the end of sub-paragraph (c) delete the word “and”;
b
at the end of sub-paragraph (d) substitute for the full stop a semicolon and after the semicolon insert the word “and”; and
c
after sub-paragraph (d) insert the following sub-paragraph:
e
before the first day of the first academic year of the course he has held some other statutory award in respect of his attendance at a post-graduate course for a period greater than two years, unless in the circumstances of his case, the Secretary of State otherwise directs.
4
In regulation 6(1)–
a
at the end of sub-paragraph (c) delete the word “and”;
b
in sub-paragraph (d) substitute for the full stop a semicolon and after the semicolon insert the word “and”;
c
after sub-paragraph (d) insert the following sub-paragraphs:
e
the reasonable cost of travel between the person’s residence while attending his course at the College and the College; and
f
the reasonable cost of travel incurred for authorised absences for the purpose of research carried out while attending his course at the College.
5
In regulation 7–
a
in sub-paragraph (a) for “of 10,777.422 euros” there shall be substituted “ at the rate of 20,868,000 Italian Lire per annum or 1,739,000 Italian Lire per month from 1st September 1999 to 31st December 1999 and at the rate of 21,300,000 Italian Lire per annum or 1,775,000 Italian Lire per month from 1st January 2000”;
b
in sub-paragraph (d) delete after the semicolon the word “and”;
c
at the end of sub-paragraph (e) substitute for the full stop a semicolon and after the semicolon insert the word “and”; and
d
after sub-paragraph (e) insert the following subparagraph:
f
the reasonable cost of travel incurred for authorised absences for the purpose of research carried out while attending his course at the Institute.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th March 2000


text:
Citation, commencement and effect
1
These Regulations may be cited as the Tax Credits Schemes (Miscellaneous Amendments No. 2) Regulations 2000, shall come into force on 6th June 2000 and shall have effect in relation to award periods of working families' tax credit or disabled person’s tax credit commencing on or after that date.
Amendment to the Family Credit (General) Regulations 1987
2
In Schedule 4 to the Family Credit (General) Regulations 1987 for paragraph 2 in column (1), and for the figures specified in column (2) against that paragraph, there shall be substituted the following paragraph and figure —
2
Person in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
£25.60.
Amendments to the Disability Working Allowance (General) Regulations 1991
3
In Schedule 5 to the Disability Working Allowance (General) Regulations 1991 —
a
for the heading “ Amount of allowance ” in column (2) there shall be substituted the heading “ Amount of credit ”;
b
for paragraph 3 in column (1), and for the figures specified in column (2) against that paragraph, there shall be substituted the following paragraph and figure —
3
Person in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Tuesday in September following that person’s sixteenth birthday.
£25.60.
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
16th May 2000


text:
Citation and commencement
1
This Order may be cited as the North Stockton Community Education Action Zone Order 2000 and shall come into force on 17th April 2000.
Interpretation
2
In this Order–
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the North Stockton Community Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the North Stockton Education Action Forum (“the Forum”), the membership of which shall include:–
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
5
The forum shall appoint additional members as follows–
a
two head teachers of zone primary schools, from nominations made by head teachers of those schools,
b
two head teachers of zone secondary schools, from nominations made by head teachers of those schools.
6
The Forum may at any time appoint additional members as follows–
a
up to two members from persons appearing to the Forum to represent the interests of local business in North Stockton;
b
up to four members from parents of children who are registered pupils at zone schools;
c
up to four members from persons who appear to the Forum to represent the local community of North Stockton;
d
one member who appears to the Forum to represent the interests of the teachers' professional associations;
e
one member from persons employed as teachers at zone schools;
f
one member from persons employed on the non-teaching staff at zone schools;
g
up to two members who appear to the Forum to represent the Further or Higher Education sectors or both;
h
up to four members who appear to the Forum to have expertise in, or represent the interests of, community based education projects for persons over compulsory school age;
i
one member from persons who appear to the Forum to have expertise in providing careers guidance or experience in providing training to young persons.
Disqualification for membership of the Forum
7
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
8
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease–
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification from membership of the Forum — criminal convictions
9
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if–
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
10
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Removal from office by Forum
11
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 at a zone school at the time he was appointed to the Forum pursuant to article 4(a), if that person ceases to be a governor at that zone school;
b
in the case of a member appointed pursuant to article 4(a), if the school in question closes or ceases to form part of the zone;
c
in the case of a member appointed pursuant to article 4(c) by a partner who is a company, if the company in question is dissolved;
d
in the case of a member appointed pursuant to article 5(a) or (b), if the person in question ceases to be a head teacher at a school within the zone;
e
in the case of a member appointed pursuant to article 6, if that member no longer meets the description set out in the paragraph under which he was appointed.
Chairman’s tenure of office
12
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his officer earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East and North Hertfordshire National Health Service Trust (Establishment) Order 2000 and shall come into force on 13th March 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which has a duty to provide under section 5(1) or (1A) of that Act .
“establishment date” means 13th March 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East and North Hertfordshire National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the East and North Hertfordshire National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods, hospital accommodation and services and community health services, for the purposes of the health service at or from the following hospitals, establishments or facilities —
a
Lister Hospital, Coreys Mill Lane, Stevenage, Hertfordshire SG1 4AB,
b
Queen Elizabeth II Hospital, Howlands, Welwyn Garden City, Hertfordshire AL7 4HQ,
and at or from any associated hospitals, establishments and facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2000.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment;
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
East and North Hertfordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State
Department of Health
1st March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Carrick Primary Care Trust (Establishment) Order 2000 and shall come into force on 14th August 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“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 Carrick 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 Carrick 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 October 2000.
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 Cornwall and Isles of Scilly 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 Cornwall and Isles of Scilly 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 Cornwall 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
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
3rd August 2000


text:
1
1
This Order may be cited as the Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 5) (Revocation) Order 2000 and shall come into force at 5.00 p.m. on 29th September 2000.
2
The Liquid and Gaseous Fuel (Designated Filling Stations and Fuel Depots) (No. 5) Order 2000 is hereby revoked.
Stephen Byers,
Secretary of State for Trade and Industry
29th September 2000


text:
Title and commencement
1
This Order may be cited as the Pension Sharing (Excepted Schemes) Order 2000.
Exception of public service pension schemes
2
The public service pension schemes relating to the following offices are excepted:
Prime Minister and First Lord of the Treasury;
Lord Chancellor; and
Speaker of the House of Commons.
Rt. Hon Margaret Beckett MP
President of the Council
20th November 2000


text:
Citation and commencement
1
This Order may be cited as the London Cab Order 1934 (Modification) Order 2000 and shall come into force on 3rd July 2000.
Modification of the London Cab Order 1934
2
The London Cab Order 1934 shall have effect in accordance with the following provisions of this Order.
References to the Assistant Commissioner, the Commissioner and the Secretary of State
3
1
In paragraph 2(1) the definition of “the Assistant Commissioner” shall be omitted.
2
Any reference to the Assistant Commissioner, the Commissioner of Police or the Secretary of State shall be treated as a reference to Transport for London.
Modification of forms in Schedules
4
A document which is required to be in the form contained in Schedule —
a
A (form of certificate to be given by public carriage examiner in relation to an application for a cab licence);
b
B (description of plates etc to be affixed to cabs);
c
C (form of cab licence); or
d
D (form of cab-driver’s licence),
may be modified so far as may be necessary in consequence of any provision of Schedule 20 (hackney carriages) to the Greater London Authority Act 1999 or of this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
22nd June 2000


text:
1
This Order may be cited as The Pencoed College (Dissolution) Order 2000 and shall come into force on 1st April 2000.
2
On 1st April 2000 the Transferor shall be dissolved and all of its property, rights and liabilities shall be transferred to the Transferee, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the Transferor immediately before 1st April 2000 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st April 2000;
c
to the transferor were to the Transferor; and
d
to the corporation were to the Transferee.
Signed on behalf of the National Assembly for Wales
T Middlehurst
Assembly Secretary for Post 16, Education and Training
27th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Lewisham (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the London borough of Lewisham;
“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 London Borough of Lewisham (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the London borough of Lewisham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the wards and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Lewisham (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
8th May 2000


text:
Citation, commencement and revocation
1
1
These Rules may be cited as the Greater London Authority Elections (No. 2) Rules 2000 and shall come into force on 15th March 2000.
2
The Greater London Authority Election Rules 2000 are hereby revoked.
Interpretation
2
1
In these Rules —
“the 1983 Act ” means the Representation of the People Act 1983;
“the 1986 Rules ” means the Local Elections (Principal Areas) Rules 1986 ;
“the Constituency Members Election Rules ” means the Rules in Schedule 1;
“the London Members Election Rules ” means the Rules in Schedule 2;
“the Mayoral Election Rules ” means the Rules in Schedule 3;
“the Ordinary Elections Rules ” means the Rules in Schedule 4;
“ GLA election” means an election held under one or more of —
the Constituency Members Election Rules;
the London Members Election Rules;
the Mayoral Election Rules; and
the Ordinary Elections Rules.
2
Other expressions used both in any of rules 3 to 8 of these Rules and in Part I (the Greater London Authority) of the 1999 Act have the same meaning in those rules as they have in that Part .
Rules for Greater London Authority elections
3
1
The Constituency Members Election Rules shall have effect for the purposes of the election of constituency members of the London Assembly (whether at an ordinary election or in the circumstances mentioned in section 10 (filling a vacancy in an Assembly constituency) of the 1999 Act); but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.
2
The London Members Election Rules, with the exception of Part VII, shall have effect for the purposes of the allocation of seats for London members of the London Assembly at any ordinary election; and Part VII of those Rules shall have effect for the purposes of section 11 (filling a vacancy among the London members) of the 1999 Act; but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.
3
The Mayoral Election Rules shall have effect for the purposes of —
a
the election of the Mayor of London; and
b
any election under subsection (2) of section 16 (filling a vacancy in the office of Mayor of the 1999 Act,
but where the election is an ordinary election, those Rules shall have effect subject to the Ordinary Elections Rules.
Forms
4
Schedule 5 (forms) shall have effect for the purposes of the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules (including, where the election is an ordinary election, those Rules as read with the Ordinary Elections Rules).
Returning officers: duties at ordinary elections
5
1
At the first ordinary election it shall be the duty —
a
of the person, or person of the description, designated by order under subsection (4) of section 3 (ordinary elections) of the 1999 Act as the returning officer at the election of the Mayor and the election of the London members; and
b
constituency returning officers ,
to co-operate with each other in the discharge of their functions.
2
At any other ordinary election it shall be the duty of returning officers at that election to co-operate with each other in the discharge of their functions.
3
Where, at an ordinary election, a poll is to be taken —
a
for the return of the London members; or
b
for the return of the Mayor,
it shall be the duty of constituency returning officers to take, and verify the ballot papers at, the poll (or each poll if both are to be taken) and to count the votes cast in that poll (or each poll, if both are to be taken).
4
Without prejudice to paragraphs (1) and (2) —
a
at the first ordinary election, the person referred to in paragraph (1)(a) may give to constituency returning officers; and
b
at any other ordinary election, the Greater London returning officer may give to constituency returning officers,
directions relating to the discharge of their functions in respect of the verification of ballot papers and the counting of votes at that election.
5
It shall be the duty of each person to whom directions are given under paragraph (4) to discharge his functions at the election in accordance with the directions.
Electronic counting of votes
6
1
Where some or all of the votes cast at an ordinary election or an election under subsection (2) of section 16 (filling a vacancy in the office of Mayor) of the Act are to be counted by electronic means, the Constituency Members Election Rules, the London Members Election Rules and the Mayoral Election Rules shall have effect subject to the modifications set out in Schedule 6.
2
In any case to which paragraph (1) applies, rule 5 of these Rules shall have effect as if any reference to the counting of votes, in whatever terms, included a reference to counting by electronic means.
Amendment of the Local Elections (Principal Areas) Rules 1986
7
The 1986 Rules are amended, in paragraph 14 of Schedule 4, in the inserted paragraph (1A) of rule 37, by the insertion, after “as the case may be,”, of “an election under the Greater London Authority Elections Rules 2000,”.
Combination of polls
8
1
Where the poll at an election of a councillor of the council of a London borough is taken together with the poll at a GLA election, the 1986 Rules shall have effect subject to the modifications set out in Schedule 7 to these Rules.
2
Subject to paragraph (3), where the poll at a GLA election is taken together with the poll at a parliamentary or European Parliamentary election, or at an election of a councillor of the council of a London borough, Schedules 1, 2 and 3 shall have effect subject to the modifications specified in the Table in Schedule 8 (in addition to the modifications specified in Schedule 4, in any case where the election is an ordinary election, and the modifications specified in Schedule 6, in any case where votes are to be counted by electronic means).
3
The first modification in the Table in Schedule 8 applies only where the poll at a GLA election is taken together with the poll at a parliamentary or European Parliamentary election.
4
Where the poll at a GLA election is combined as mentioned in paragraph (1) or (2) —
a
the ballot papers to be used at each election shall be of a different colour; and
b
a separate ballot box shall be used for each election.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
L. Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
23rd February 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2000 and shall come into force on 17th April 2000.
2
These Regulations extend to England only.
Amendment of regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 in relation to England substitute–
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough. The council of an inner London borough. The Common Council of the City of London. £52.38 A London waste disposal authority which comprises outer London boroughs. The council of an outer London borough. £46.19 The Greater Manchester Waste Disposal Authority. The Merseyside Waste Disposal Authority. The council of a metropolitan district. £38.80 Any other waste disposal authority in England. £31.53 where the authority incurs any transport costs in disposing of similar waste, and £22.75 in other cases.
Revocation
3
The Environmental Protection (Waste Recycling Payments) (Amendment) Regulations 1999 (which last substituted a new Schedule to the 1992 Regulations) is hereby revoked in relation to England.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
20th March 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Richmond upon Thames) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Richmond upon Thames specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
18th May 2000


text:
1
This Order shall come into force on 25th October 2000 and may be cited as the A30 Trunk Road (Honiton to Exeter Improvement) (Detrunking) (No. 2) Order 2000.
2
Those lengths of trunk road described in the Schedule to this Order and shown by reference to the Letters “A” and “B” on the deposited plan shall cease to be trunk road and shall be classified as classified roads as from the date on which this Order comes into force.
3
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“classified road” as a classification for a highway, means that the highway is not a principal road for the purpose of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the deposited plan” means the plan numbered HA10/PS/238 marked “The A30 Trunk Road (Honiton to Exeter Improvement) (Detrunking) (No 2) Order 2000” signed by authority of the Secretary of State and deposited at the Highways Agency, Room 5/46A, St. Christopher House, London SE1 0TE
iii
“the new trunk roads” means the highways mentioned in Article 1 of the A30 Trunk Road (Honiton to Exeter Improvement and Slip Roads) Order 1994 ; and
iv
“the trunk road” means the A30 Trunk Road.
Signed by authority of The Secretary of State for The Environment, Transport and the Regions
David W. Ward
Divisional Director Highways Agency
21st September 2000


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Air Force) (Amendment) Rules 2000 and shall come into force on 2nd October 2000.
Amendments to Rules
2
1
The Courts-Martial (Royal Air Force) Rules 1997 shall be amended in accordance with following provisions of this rule.
2
In rule 2 (interpretation) the following definition shall be inserted after the definition of “the judge advocate” —
“preliminary charge” means the charge which would have been dealt with summarily had the accused not elected court-martial trial;
.
3
For rule 4 (referring a case to the prosecuting authority) there shall be substituted —
4
Where the higher authority refers a case in accordance with section 76A(1) of the Act, he shall forward to the prosecuting authority —
a
all documents and any other materials forwarded to him by the commanding officer in accordance with regulations made by the Defence Council under section 83 of the Act;
b
any other information in his possession which may be material to the prosecutor’s consideration of the institution of proceedings; and
c
where the accused has elected trial by court-martial, notification of that fact.
.
4
After rule 4 (referring a case to the prosecuting authority) there shall be inserted —
Withdrawal of election in a multiple charge case
4A
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
that election is withdrawn with the leave of the prosecuting authority,
section 83B(2) of the Act shall have effect as if it required the prosecuting authority to refer back to the appropriate superior authority or, as the case may be, the commanding officer of the accused each of the preliminary charges to be dealt with summarily.
.
5
After rule 6 (conduct of formal preliminary examination) there shall be inserted —
Referring back in a multiple charge case before charges are preferred
6A
1
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
the prosecutor considers that a charge or charges different from or additional to a preliminary charge should be preferred,
section 83BB(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer of the accused any additional preliminary charge as well as the charge or charges which he would otherwise be required to refer back under that section.
2
In paragraph (1), the reference to any additional preliminary charge is to any preliminary charge which is different from the preliminary charge referred to in paragraph (1)(b) above.
.
6
After rule 13 (description of the court-martial) there shall be inserted —
Referring back in a multiple charge case after charges already preferred
13A
Where —
a
an election for court-martial trial relates to two or more preliminary charges; and
b
the prosecutor considers that a charge which has already been preferred (“the original charge”) should be amended, or that a charge should be preferred in additional to or in substitution for the original charge,
section 83BB(1) of the Act shall have effect as if it required the prosecuting authority to refer back to the commanding officer any charge (other than the original charge) which has already been preferred, as well as the charge or charges which he would otherwise be required to refer back under that section.
.
7
In rule 76(2) (evidence before sentencing) —
a
at the end of sub-paragraph (g) the word “and” shall be omitted; and
b
after the word “unit” in sub-paragraph (h) there shall be inserted —
; and
i
whether the accused elected trial by court-martial
.
8
Rule 85 (periodic review of arrest) shall be revoked.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000