text:
Citation, commencement, extent and revocation
1
1
These Regulations may be cited as the Education (School Teacher Appraisal) (England) Regulations 2000 and shall come into force on 1st September 2000.
2
These Regulations shall apply in relation to England.
3
The Education (School Teacher Appraisal) Regulations 1991 and the Education (School Teacher Appraisal) (Amendment) (England) Regulations 1999 are hereby revoked.
Interpretation
2
1
In these Regulations —
“appraisal statement” means an appraisal statement prepared under regulation 14 in respect of a school teacher;
“external adviser” means a person appointed as such by a school governing body being one of the persons on a list of advisers in relation to the appraisal of head teachers maintained by the Secretary of State;
“school” means a community, voluntary, foundation, community special, or foundation special school;
“school day”, in relation to a school, means any day on which at that school there is a school session;
“school teacher” means a teacher employed at one or two schools by a local education authority or by the governing body of a foundation, voluntary aided or foundation special school, but does not include a teacher employed under a fixed term contract of employment the term of which is less than one year; and
“school which has a religious character” means a foundation or voluntary school designated as a school having such a character under section 69(3) of the School Standards and Framework Act 1998 .
2
Any reference in these Regulations to —
a
a numbered regulation is a reference to the regulation bearing that number in these Regulations; and
b
a numbered paragraph is a reference to the paragraph bearing that number in the regulation in which the reference appears.
Breach of time limits
3
Failure by any person to discharge any duty within a time limit specified in these Regulations shall not relieve him of that duty.
Duty to appraise
4
It shall be the duty of the governing body of a school to secure that the performance in discharging their duties of school teachers at the school is regularly appraised in accordance with these Regulations.
Appointment of appraisers and external advisers for head teachers
5
1
The governing body of a school shall appoint two or three governors to be appraisers for the head teacher, and may appoint a new appraiser in place of an existing appraiser at any time.
2
No governor who is a teacher or other member of staff at the school shall be appointed as appraiser of the head teacher.
3
Subject to paragraph (4), one or more of the appraisers of the head teacher of —
a
a school which has a religious character; or
b
a voluntary aided school which does not have a religious character,
shall be foundation governors of the school.
4
Where the governing body of a voluntary aided school appoints three governors as appraisers of the head teacher under paragraph (1), not less than two of them shall be foundation governors of the school.
6
The governing body of a school shall appoint an external adviser in relation to the appraisal of the head teacher, and may appoint a new external adviser in place of an existing external adviser at any time.
Appointment of appraisers for other school teachers
7
1
The head teacher shall appoint as appraiser for every other school teacher at the school, a school teacher at the school who may be the head teacher.
2
The head teacher may appoint a new appraiser in place of an existing appraiser at any time.
The appraisal cycle
8
1
Subject to the following provisions of this regulation, and to regulations 9 and 10, the governing body of a school shall determine the timing of the appraisal cycle for the head teacher (including an acting head teacher) and the head teacher shall determine the timing of the appraisal cycle for every other teacher at the school.
2
Except as provided for in paragraph (3) and regulation 9(4) the length of an appraisal cycle shall be one year.
3
In the case of the first appraisal cycle under these Regulations of a school teacher other than a head teacher, the head teacher may determine that the length of the cycle shall be a period of not less than nine months and not exceeding 18 months.
4
Once begun, appraisal cycles for every school teacher shall be continuous.
9
1
If a school teacher moves to a post in another school or to a new post as a head teacher, the appraisal cycle shall begin again.
2
If a school teacher other than a head teacher moves to a new post in the same school the head teacher may determine that the appraisal cycle shall begin again.
3
If a school teacher becomes an acting head teacher the governing body may determine that —
a
the appraisal cycle shall begin again; and
b
the school teacher shall be appraised as a head teacher.
4
Where the head teacher or governing body determine that a school teacher’s appraisal cycle shall begin again under paragraph (1), (2) or (3)(a), they may also determine that the length of the teacher’s first appraisal cycle in his new post shall be a period of less than one year.
5
The appointment of a new appraiser or new external adviser shall not cause a school teacher’s appraisal cycle to begin again.
10
The governing body shall secure that —
a
on or before 31st December 2000 objectives have been agreed or set for the head teacher of a school in accordance with regulation 11; and
b
on or before 28th February 2001 objectives have been recorded in accordance with regulation 12(4) in relation to every school teacher who is not a head teacher.
Planning appraisal and setting of objectives
11
1
Before or at the start of the appraisal cycle, all the appraisers of a head teacher, the external adviser and the head teacher shall meet to plan and prepare for the appraisal and to seek to agree objectives which shall include objectives relating to —
a
school leadership and management; and
b
pupil progress.
2
If objectives are not agreed under paragraph (1), the appraisers shall set the objectives for the head teacher.
3
The objectives agreed or set under this regulation shall be recorded in a written statement of objectives and in the case of objectives set under paragraph (2) the head teacher may add to it comments in writing.
12
1
This regulation applies in relation to the appraisal of a school teacher who is not a head teacher.
2
Before or at the start of the appraisal cycle, the appraiser and the school teacher shall meet to plan and prepare for the appraisal and to seek to agree objectives which shall include objectives relating to —
a
developing and improving the school teacher’s professional practice; and
b
pupil progress.
3
If objectives are not agreed under paragraph (2), the appraiser shall record such objectives as he considers appropriate in writing, and the teacher may add comments in writing.
4
The objectives agreed under paragraph (2), or where objectives have not been agreed, the objectives recorded under paragraph (3) and the teacher’s written comments shall be recorded in a written statement of objectives.
Classroom observation etc.
13
1
In appraising a school teacher who is not a head teacher the appraiser shall observe the school teacher teaching on at least one occasion.
2
An appraiser may not without first consulting the school teacher obtain from any other person information, whether written or oral, relevant to the school teacher’s performance.
The appraisal interview and the appraisal statement
14
1
At or near the end of the appraisal cycle, the appraiser and the school teacher, and in the case of a head teacher, all the appraisers, the external adviser and the head teacher shall hold an appraisal interview, with the objects of —
a
reviewing the school teacher’s performance and identifying his achievements and aspects in which further development would be desirable;
b
assessing the extent to which the school teacher has met the objectives agreed or set under regulation 11 or recorded under regulation 12(4); and
c
identifying any training and developmental needs and ways of meeting such needs.
2
Not later than the end of the period of 10 school days beginning with each appraisal interview, the appraiser or appraisers shall prepare a written appraisal statement recording the main points made by the appraiser and the school teacher at the interview and the conclusions reached, and there shall be recorded in a separate annex to the appraisal statement (which shall form part of the statement) the training and developmental needs and ways of meeting such needs identified at the interview.
3
An appraisal interview under paragraph (1) may be combined with a meeting under regulation 11 or 12 in relation to the following appraisal cycle.
4
The appraiser shall give the school teacher a copy of the appraisal statement not later than the end of the period of 10 school days beginning with the date of the appraisal interview.
5
The school teacher may, not later than the end of the period of 10 school days beginning with the date on which he first had access to the appraisal statement, add to it comments in writing.
Appraisal procedures
15
Subject to regulations 11 to 14, the governing body of a school shall determine any ancillary or supplementary procedures for the appraisal of the school teachers at the school.
Head teacher’s report
16
At least once during each school year the head teacher shall make a written report to the governing body about the operation of school teachers' appraisal at the school, the effectiveness of the school’s appraisal procedures, and the training and developmental needs of the school teachers.
Review of appraisal
17
1
A school teacher shall be entitled to complain about an appraisal statement not later than the end of the period of 10 school days beginning with the day on which he first had access to it.
2
The review officer in relation to a complaint by a head teacher shall be the chairman of the governing body, but where the chairman of the governing body has participated in the appraisal complained of, the governing body shall appoint one or more governors who have not participated in the appraisal complained of as review officers in relation to such complaint.
3
The review officer in relation to a complaint by a school teacher who is not a head teacher shall be the head teacher, but where the appraiser is the head teacher, the review officer shall be the chairman of the governing body.
4
No governor who is a teacher or other staff member at the school shall be appointed as a review officer for a school teacher at the school.
5
The review officer shall not later than the end of the period of 10 school days beginning with the day on which he was provided with a copy of the appraisal statement conduct and conclude a review of the appraisal complained of, and shall take account of any representations made by the school teacher.
6
The review officer may —
a
order the appraisal statement to stand with or without observations of his own; or
b
with the agreement of the appraiser, or in the case of a head teacher all the appraisers, amend the appraisal statement; or
c
order that the appraisal statement be expunged and order a new appraisal.
7
Where a new appraisal is ordered under paragraph (6)(c) —
a
in the case of a head teacher, all the appraisers shall be replaced by new appraisers appointed in accordance with regulation 5; and
b
in the case of a school teacher who is not a head teacher, a new appraiser shall be appointed in accordance with regulation 7, and where the head teacher was the appraiser the review officer shall appoint as appraiser the head teacher of another school or such other person of suitable seniority, expertise and experience as he considers fit,
and subject to paragraph (8) the review officer shall determine which appraisal procedures shall be repeated.
8
The review officer shall not —
a
determine that new objectives be agreed or set in accordance with regulation 11 or 12; or
b
determine that the objectives agreed or set under regulation 11 or 12 be revised.
9
All appraisal procedures determined to be repeated where a new appraisal is ordered under paragraph (6)(c) shall be completed by not later than the end of the period of 15 school days beginning with the date on which the review officer made his order.
Use and retention of appraisal statements
18
1
This regulation applies in the case of a head teacher.
2
The appraisers shall give the appraisal statement to the chairman of the governing body.
3
The chairman of the governing body shall provide a copy of the appraisal statement to —
a
the appraisers, upon request;
b
any review officer, who shall also be given access to the statement of objectives for the appraisal cycle to which the statement relates;
c
any governors responsible for advising about, or taking decisions in relation to, the use of any discretion in relation to the head teacher’s pay, upon request; and
d
in the case of the head teacher of a school which does not have a delegated budget the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the use of any discretion in relation to the head teacher’s pay, upon request.
4
The chairman of the governing body shall provide a summary of the conclusions recorded in the appraisal statement to the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the performance of head teachers pursuant to paragraph 23 of Schedule 16 and paragraph 22 of Schedule 17 to the School Standards and Framework Act 1998 , upon request.
5
The chairman of the governing body shall make a head teacher’s current statement of objectives available to a new appraiser appointed otherwise than at the beginning of an appraisal cycle.
6
The chairman of the governing body shall provide a copy of the annex to the appraisal statement referred to in regulation 14(2) to the person or persons responsible for planning the training and development of school teachers at the school.
7
A head teacher shall keep a copy of his appraisal statement until at least three years after his next appraisal statement has been finalised.
19
1
This regulation applies in the case of a school teacher who is not a head teacher.
2
The appraiser shall give the appraisal statement to the head teacher.
3
The head teacher shall make the appraisal statement available to —
a
the appraiser, upon request;
b
any review officer, who shall also be given access to the statement of objectives for the appraisal cycle to which the statement relates;
c
any governors responsible for advising about, or taking decisions in relation to, the promotion of the school teacher or the use of any discretion in relation to his pay, upon request; and
d
in the case of a school teacher employed at a school which does not have a delegated budget the Chief Education Officer or any officer or adviser specifically designated by the Chief Education Officer with responsibility for advising about, or taking decisions in relation to, the promotion of the school teacher or the use of any discretion in relation to his pay, upon request.
4
The head teacher shall make a school teacher’s current statement of objectives available to a new appraiser appointed otherwise than at the beginning of an appraisal cycle.
5
The head teacher shall provide a copy of the annex to the appraisal statement referred to in regulation 14(2) to the person or persons responsible for planning the training and development of school teachers at the school.
6
The head teacher shall keep a school teacher’s appraisal statement until at least three years after his next appraisal statement has been finalised.
20
1
Relevant information from appraisal statements may be taken into account by head teachers, school governing bodies (including committees of governing bodies), Chief Education Officers or any officers or advisers specifically designated by a Chief Education Officer under regulation 18(3)(d), 18(4) or 19(3)(d) in taking decisions, and in advising those responsible for taking decisions, about the performance, promotion, dismissal or discipline of school teachers or the use of any discretion in relation to pay.
2
Appraisal procedures shall not form part of any disciplinary or dismissal procedures.
Transitional provision
21
Regulations 18 to 20 shall apply in relation to appraisal records produced and maintained under the Education (School Teacher Appraisal) Regulations 1991 as they apply in relation to appraisal statements.
Estelle Morris
Minister of State,
Department for Education and Employment
19th June 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Contracting Out (Functions relating to Social Security) Order 2000 and shall come into force on 3rd April 2000.
2
In this Order–
“the Administration Act ” means the Social Security Administration Act 1992 ;
“work-focused interview” has the meaning it has in regulation 3 of the Social Security (Work-focused Interviews) Regulations 2000 .
Powers of the Secretary of State
Contracting out of certain functions relating to work-focused interviews
2
1
Any function of the Secretary of State specified in paragraph (2) may to such extent as is specified, be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.
2
The functions are those relating to–
a
work-focused interviews conferred by regulations made under section 2A of the Administration Act ;
b
the revision and supersession of decisions relating to work-focused interviews conferred by section 2B of the Administration Act ;
c
claims for housing benefit and council tax benefit conferred upon the Secretary of State by regulations under section 7A of the Administration Act .
Powers of Local Authorities
Contracting out of certain local authority functions
3
1
Any function of a local authority specified in paragraph (2) may to the extent specified be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the authority whose function it is.
2
The functions are those relating to–
a
work-focused interviews conferred by regulations made under section 2A of the Administration Act;
b
the revision and supersession of decisions relating to work-focused interviews conferred by section 2B of the Administration Act;
c
work-focused interviews requested or consented to in accordance with regulations made under section 2C of the Administration Act ;
d
claims for benefits other than housing benefit and council tax benefit conferred upon a local authority by regulations under section 7A of the Administration Act.
Signed by authority of the Secretary of State for Social Security
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Peterborough Primary Care Trust (Establishment) Amendment Order 2000 and shall come into force on 4th April 2000.
2
In this Order, unless the context otherwise requires —
“the principal Order ” means the North Peterborough Primary Care Trust (Establishment) Order .
Amendment of the Schedule to the principal Order
2
In the Schedule to the principal Order —
a
delete “Bretton” and insert “North Bretton, South Bretton”;
b
delete “Paton” and insert “Paston”; and
c
delete “Werrington” and insert “North Werrington, South Werrington”.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
25th March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Camden (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 Camden;
“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 Camden (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 Camden
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 Camden (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
30th June 2000


text:
1
These Regulations may be cited as the Merchant Shipping (Load Line) (Amendment) Regulations 2000 and shall come into force on 8th June 2000.
2
The Merchant Shipping (Load Line) Regulations 1998 shall be amended as follows.
3
In regulation 2(1) —
a
after the definition of “the 1966 Convention” there shall be inserted —
“the 1988 Protocol ” means the Protocol of 1988 relating to the 1966 Convention ;
;
b
after the definition of “amidships” there shall be inserted —
“anniversary date” in relation to a certificate means the day and the month of each year which corresponds to the date of expiry of the certificate;
;
c
in the definition of “appropriate load lines” —
i
for ““appropriate load lines” means the load lines” there shall be substituted ““appropriate load line” means the load line”, and
ii
before “an International” there shall be inserted “an International Load Line Certificate or”;
d
in the definition of “appropriate certificate”, for “International Load Certificate 1966,” there shall be substituted “International Load Line Certificate or an International Load Line Certificate (1966),”;
e
in the definition of “Category A, B, C or D waters”, for “ No. M. 1504” there shall be substituted “ MSN 1719 (M)”;
f
the definition of “column stabilised” shall be omitted;
g
before the definition of “Convention country” there shall be inserted —
“conditions of assignment” means the conditions relating to construction, arrangement and stability with which a ship must comply in order to be assigned freeboards;
;
h
in the definition of “Convention country”, for sub-paragraphs (a) and (b) there shall be substituted–
a
a country the Government of which is party to the 1966 Convention, or to the 1966 Convention as amended by the 1988 Protocol, or
b
a territory to which the 1966 Convention, or the 1966 Convention as amended by the 1988 Protocol, extends;
;
i
after the definition of “exclusive surveyor” there shall be inserted —
“Exemption Certificate” means an International Load Line Exemption Certificate or a United Kingdom Load Line Exemption Certificate;
;
j
in the definition of “freeboard deck” —
i
at the end of sub-paragraph (b) for “.” there shall be substituted “ ,”, and
ii
for the paragraph beginning “When this lower deck is stepped” there shall be substituted, indented in line with the full-out part of the definition —
a deck which is stepped being taken to consist for this purpose of the lowest line of the deck and the continuation of that line parallel to the upper part of the deck;
;
k
after the definition of “freeboard deck” there shall be inserted —
“International Load Line Certificate” means an International Load Line Certificate issued under the 1966 Convention as amended by the 1988 Protocol;
“International Load Line Certificate (1966)” means an International Load Line Certificate issued under the 1966 Convention before the relevant entry into force date (if any);
“International Load Line Exemption Certificate” means an International Load Line Exemption Certificate issued under the 1966 Convention as amended by the 1988 Protocol;
“International Load Line Exemption Certificate (1966)” means an International Load Line Exemption Certificate issued under the 1966 Convention before the relevant entry into force date (if any);
;
l
for the definition of “length” and “(L)” there shall be substituted —
“length” and “(L)” in relation to a ship means the greater of the following distances —
96% of the total length on a waterline at 85% of the least moulded depth measured from the top of the keel, or
the length from the fore-side of the stem to the axis of the rudder stock on that waterline.
Where the stem contour is concave above the waterline at 85% of the least moulded depth, both the forward terminal of the total length and the fore-side of the stem respectively shall be taken at the vertical projection to that waterline of the aftermost point of the stem contour (above that waterline). In ships designed with a rake of keel the waterline on which this length is measured shall be parallel to the designed waterline;
;
m
the definitions of “mobile offshore drilling unit” and “mobile offshore support unit” shall be omitted;
n
after the definition of “rake of keel” there shall be inserted —
“relevant entry into force date” means the date when the 1988 Protocol enters into force in respect of the Government of the parent country of the ship in question;
;
o
after the definition of “surveyor” there shall be inserted —
“United Kingdom Load Line Certificate” means a certificate issued under regulation 9(1) other than an International Load Line Certificate;
“United Kingdom Load Line Exemption Certificate” means a certificate issued under regulation 12(2);
; and
p
for the definition of “valid Convention certificate” there shall be substituted:
“valid Convention certificate” means —
an International Load Line Certificate (1966) or an International Load Line Exemption Certificate (1966), which is in force, or
an International Load Line Certificate or an International Load Line Exemption Certificate, which is in force;
.
4
In regulation 4(1)(e), for “80 tons register” there shall be substituted “ 80 net tons”.
5
In regulation 4(2), sub-paragraph (e) shall be omitted.
6
In regulation 6(5), for “(i) an appropriate certificate;” to the end of paragraph (5) there shall be substituted —
a
in the case of a Convention-size ship, a valid Convention certificate, or
b
in the case of any other ship, a United Kingdom Load Line Certificate or a United Kingdom Load Line Exemption Certificate, which is in force in relation to the ship.
.
7
In the heading to regulation 8, for “Initial, periodical and annual surveys” there shall be substituted “Initial, renewal and annual surveys ”.
8
In regulation 8(1)(b), after “years” there shall be inserted —
(except where paragraph (2)(a), (5), (6) or (7) of regulation 10 is applicable)
.
9
For regulation 8(1)(c) there shall be substituted —
c
An annual survey within the period of three months before or after each anniversary date of the appropriate certificate to ensure that —
i
alterations have not been made to the hull or superstructures which would affect the calculations determining the position of the load line;
ii
the fittings and appliances for the protection of openings, guard rails, freeing ports and means of access to crew’s quarters are maintained in an effective condition;
iii
the appropriate marks are correctly and permanently indicated; and
iv
information is provided in accordance with regulations 32 and 33.
.
10
In regulation 8(3), before “the International” there shall be inserted “ the International Load Line Certificate,”.
11
In regulation 9(1), for “the appropriate certificate” there shall be substituted “an International Load Line Certificate in the case of a Convention-size ship, or a United Kingdom Load Line Certificate in the case of any other ship,”.
12
For regulation 9(2) there shall be substituted —
2
If the certificate is an International Load Line Certificate it shall be in the form prescribed by Annex III to the 1988 Protocol.
.
13
In regulation 9(3), for “MSN 1701 (M)” there shall be substituted “ MSN 1752 (M)”.
14
In regulation 9(5), for “to issue or authorise the issue” to the end of the paragraph there shall be substituted —
a
to issue or authorise the issue of, in respect of the ship, an International Load Line Certificate, or
b
in the case of an annual survey required under regulation 8(1)(c), to endorse or authorise the endorsement of the International Load Line Certificate, the International Load Line Certificate (1966) or, as the case may be, the United Kingdom Load Line Certificate accordingly;
and a certificate issued or an endorsement made in accordance with such a request, and containing a statement that it has been so issued or made, shall have the same effect as if it had been issued by the Secretary of State or made by a surveyor respectively.
.
15
In regulation 9(6) —
a
“(1966)” shall be omitted, and
b
for paragraph (a) there shall be substituted —
a
the ship has already been subjected to satisfactory initial, renewal and annual surveys, as appropriate;
.
16
For regulation 10 there shall be substituted —
1
Subject to paragraphs (2), (4), (5) and (6), the duration of any certificate issued under these Regulations shall not exceed a period of five years beginning with the date of completion of the initial or renewal survey referred to in regulation 8(1)(a) or (b) respectively.
2
a
When the renewal survey referred to in regulation 8(1)(b) is completed within three months before the expiry of the existing certificate, the new certificate shall be valid for a period beginning with the date of completion of the renewal survey and ending on a date which does not exceed five years from the expiry of the existing certificate.
b
When the renewal survey referred to in regulation 8(1)(b) is completed after the expiry of the existing certificate, the new certificate shall be valid for a period beginning with the date of completion of the renewal survey and ending on a date which does not exceed five years from the expiry of the previous certificate.
c
When the renewal survey referred to in regulation 8(1)(b) is completed more than three months before the expiry of the existing certificate, the new certificate shall be valid for a period beginning with the date of completion of the renewal survey and ending on a date which does not exceed five years from the date of completion of the renewal survey.
3
If a certificate is issued for a period of less than five years, the Assigning Authority may extend the validity of the certificate beyond the expiry date to the maximum period specified in paragraph (1), provided that the annual surveys applicable when a certificate is issued for a period of five years are carried out as appropriate.
4
If, after the renewal survey, a new certificate cannot be issued to the ship before the expiry of the existing certificate, the Assigning Authority may extend the validity of the existing certificate for a period which shall not exceed five months. This extension shall be endorsed on the certificate, and shall be granted only where there have been no alterations in the structure, equipment, arrangements, materials or scantlings which affect the ship’s freeboard.
5
If, at the time when a certificate expires, a ship is not in a port in which it is to be surveyed, the Assigning Authority may extend the validity of the certificate but this extension shall be granted only where it appears proper and reasonable to the Assigning Authority to do so for the purpose of allowing the ship to complete its voyage to the port in which it is to be surveyed. No certificate shall be extended for a period longer than three months beginning with the date of expiry, and a ship to which an extension is granted shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of such extension to leave that port without having a new certificate. When the renewal survey is completed, the new certificate shall be valid for a period ending on a date which does not exceed five years from the expiry of the previous certificate before the extension was granted.
6
A certificate issued to a ship engaged on short voyages which has not been extended under paragraph (3), (4) or (5) of this regulation may be extended by the Assigning Authority for a period of not more than one month beginning with the date of its expiry. When the renewal survey is completed the new certificate shall be valid for a period ending on a date which does not exceed five years from the expiry of the previous certificate before the extension was granted.
7
In special circumstances, as determined by the Assigning Authority, a new certificate need not be dated from the expiry of the previous certificate before the extension was granted, as required by paragraphs (2), (5) and (6). In these special circumstances, the new certificate shall be valid for a period ending on a date which is not more than five years from the date of completion of the renewal survey.
8
If an annual survey is completed before the period specified in regulation 8(1)(c) then:
a
a new anniversary date shall be endorsed on the certificate which shall not be more than three months later than the date on which the annual survey was completed;
b
the subsequent annual survey required by regulation 8(1)(c) shall be completed at the intervals prescribed by that regulation using the new anniversary date;
c
the expiry date of the certificate may remain unchanged provided one or more annual surveys are carried out so that the maximum intervals between the surveys prescribed by regulation 8(1)(c) are not exceeded.
.
17
For regulation 11 there shall be substituted —
Certificates ceasing to be valid, and surrender and cancellation of certificates
11
1
An appropriate certificate issued in respect of a United Kingdom ship shall cease to be valid where —
a
material alterations have taken place in the hull or superstructures of the ship such as would necessitate the assignment of an increased freeboard;
b
the fittings and appliances mentioned in regulation 8(1)(c)(ii) are not maintained in an effective condition;
c
the certificate is not endorsed in accordance with regulation 8(3) to show the ship has been surveyed in accordance with regulation 8(1)(c);
d
the structural strength of the ship is lowered to such an extent that the ship is unsafe;
e
a new certificate is issued in respect of the ship; or
f
the ship ceases to be a United Kingdom ship.
2
The Secretary of State may cancel an appropriate certificate issued in respect of a United Kingdom ship if he is satisfied that —
a
the certificate was issued on false or erroneous information;
b
information on the basis of which freeboards were assigned to the ship was incorrect in a material particular; or
c
the ship ceases to comply with the conditions of assignment relating to it.
3
Where the Secretary of State proposes to cancel a certificate, he shall first notify the owner in writing, specifying the grounds for the proposed cancellation.
4
Subject to paragraph (5), the Secretary of State shall not cancel the certificate until the owner has been given a reasonable opportunity to make representations, and the Secretary of State has considered any such representations made.
5
Paragraph (4) shall not apply where the Secretary of State considers that urgent safety considerations so require.
6
The Secretary of State may require any certificate issued under these Regulations which has expired, ceased to be valid, or been cancelled, to be surrendered as he directs.
7
The requirement that the notification referred to in paragraph (3) should be in writing is satisfied where the text of the notification —
a
is transmitted by electronic means,
b
is received in legible form, and
c
is capable of being used for subsequent reference.
.
18
For regulation 12(1) there shall be substituted —
1
Where a ship is exempted under regulation 5(1) or (3), an International Load Line Exemption Certificate in the form prescribed by the 1966 Convention as amended by Annex III to the 1988 Protocol shall be issued in respect of the ship by the Secretary of State.
.
19
In regulation 12(2) —
a
the quotation marks around “United Kingdom Load Line Exemption Certificate ” shall be omitted; and
b
at the end there shall be added —
, and which shall be in the form prescribed in Schedule 8 of Merchant Shipping Notice MSN 1752 (M).
.
20
In regulation 12(3), for paragraph (c) there shall be substituted —
c
regulations 8 to 11 shall apply in relation to the Exemption Certificate as they apply in relation to an appropriate certificate,
.
21
In regulation 13(2), for “MSN 1701 (M)” there shall be substituted “ MSN 1752 (M)”.
22
In regulation 14(1) —
a
after “1966 Convention” in both places it occurs, there shall be inserted “as amended by the 1988 Protocol”; and
b
“(1966)” shall be omitted.
23
In regulation 15(1), before “on each side” there shall be inserted “ by the owner”.
24
In regulation 15(2), before “in accordance with” there shall be inserted “ by the owner”.
25
In regulation 19(1) —
a
for “regulation 18(2)” there shall be substituted “regulation 18(1) ”; and
b
in sub-paragraph (d), for “forward” there shall be substituted “ abaft”.
26
In regulation 19(2), before “shall be the depth” there shall be inserted “ line referred to in paragraph (1)”.
27
In regulation 20, for “MSN 1701 (M)” there shall be substituted “ MSN 1752 (M)”.
28
In regulation 22, for paragraph (4) there shall be substituted —
4
Where an Exemption Certificate is issued in association with the assignment of special freeboards which are less than those required by regulation 29, the load lines and the load line mark shall be marked on the ship by being painted in red on a contrasting background and shall comply with paragraph (2) above.
.
29
For regulation 25 there shall be substituted —
25
1
Subject to paragraph (2), every ship to which freeboards are assigned under these Regulations shall comply with the conditions of assignment applicable to that ship and set out in Schedule 2 of Merchant Shipping Notice MSN 1752 (M).
2
An existing ship may, instead of complying with the conditions of assignment referred to in paragraph (1), comply with such of the requirements relevant to the assignment of freeboards to ships as were applicable to her under the law in force immediately before 21st July 1968.
.
30
In regulation 27(1), for “MSN 1701 (M)” there shall be substituted “ MSN 1752 (M)”.
31
In regulation 29(1) for “Schedule 3 in Merchant Shipping Notice. MSN 1701 (M)” there shall be substituted “Schedule 4 of Merchant Shipping Notice MSN 1752 (M)”.
32
In regulation 29(2), for “the requirements of Schedule 2 of MSN 1701 (M)” there shall be substituted “the conditions of assignment set out in Schedule 2 of Merchant Shipping Notice MSN 1752 (M)”.
33
In regulation 31, for “load line certificate issued to the ship” there shall be substituted “appropriate certificate issued in respect of the ship”.
34
In regulation 32(2), for “Schedule 6 in Merchant Shipping Notice MSN 1701 (M)” there shall be substituted “Schedule 6 of Merchant Shipping Notice MSN 1752 (M)”.
35
In regulation 32(3), for “, for ships listed in paragraph (5),” there shall be substituted —
, in the case of a ship listed in Part II of Schedule 6 of Merchant Shipping Notice MSN 1752 (M),
.
36
In regulation 32(4)(a), for “it is known that” there shall be substituted —
the Secretary of State or, in the case of a ship listed in Part II of Schedule 6 of Merchant Shipping Notice MSN 1752 (M), the Assigning Authority is satisfied that
.
37
In regulation 32(5)(a), for paragraphs (i) to (vii) there shall be substituted —
listed in Part II of Schedule 6 of Merchant Shipping Notice MSN 1752 (M),
.
38
In regulation 35(2), “, being an offence corresponding to the offence under paragraphs 4(2) and (3) and 14 of Schedule 3 to the Merchant Shipping Act 1995,” shall be omitted.
39
In regulation 35(6) —
a
in sub-paragraph (a), for “23(1)” there shall be substituted “ 23(a)”; and
b
in sub-paragraph (b), for “23(2)” there shall be substituted “ 23(b)”.
40
In regulation 36(1), for sub-paragraph (e) there shall be substituted —
e
fail to surrender as directed a certificate required to be surrendered under regulation 11(6); or
.
41
In regulation 37(3), for “33” there shall be substituted “35”.
42
In regulation 37(4), for “Lines)” there shall be substituted “ Line)”.
43
In regulation 37(5), for “section 96(5)” there shall be substituted “ section 96(5))”.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
16th May 2000


text:
1
1
This Order may be cited as the Inheritance Tax (Settled Property Income Yield) Order 2000 and shall come into force on 18th February 2000.
2
This Order shall have effect in relation to transfers of value made on or after 18th February 2000.
2
In this Order references to “indices” are to the indices which are published in the Financial Times and produced in conjunction with the Institute of Actuaries and the Faculty of Actuaries.
3
The rate prescribed as the higher rate for the purposes of section 50 of the Inheritance Tax Act 1984 is the rate that is equal to the rate of the Irredeemables' yield shown in the indices which are known as the “ FTSE Actuaries Government Securities UK Indices” and which are produced either —
a
for the date on which the value in question is to be determined, or, if those indices are not produced for that date,
b
for the latest date preceding that date for which those indices are produced.
4
The rate prescribed as the lower rate for the purposes of section 50 of the Inheritance Tax Act 1984 is the rate that is equal to the rate of the All-Share actual dividend yield shown in the indices which are known as the “FTSE Actuaries Share Indices” and which are produced either —
a
for the date on which the value in question is to be determined, or, if those indices are not produced for that date,
b
for the latest date preceding that date for which those indices are produced.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
27th January 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (North Western Trains Class 175/0 and Class 175/1 Vehicles) Exemption Order 2000 and shall come into force on 22nd March 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 50701 to 50711 and 79701 to 79711 and which form the diesel multiple-units numbered 175001 to 175011 of the class known as “Class 175/0” and to the rail vehicles which are numbered 50751 to 50766, 56751 to 56766 and 79751 to 79766 and which form the diesel multiple-units numbered 175101 to 175116 of the class known as “Class 175/1” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by North Western Trains Company Limited.
4
1
Subject to article 5 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are–
regulation 4(2), but only in so far as it relates to the emission of warning sounds outside an exempted vehicle;
regulation 4(3)(b);
regulation 6(1)(d);
regulation 18(3); and
regulation 20(1)(f)(ii), but only in so far as the handrail does not comply with regulation 11(2)(b).
5
1
The authorisation given by article 4(1) above shall cease forthwith in respect of an exempted vehicle which is operated by a person other than North Western Train Company Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
2
The authorisation given by article 4(1) above shall cease at the end of 31st December 2000.
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
1st March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hartlepool Water (Amendment of Local Enactments) Order 2000, and shall come into force on 21st September 2000.
2
In this Order —
“Anglian” means Anglian Water Services Limited; and
“Hartlepool” means Hartlepool Water plc.
Amendment of references in local statutory provisions
2
1
Any reference to, or to the undertaking of, Hartlepool in any local statutory provision and in any charges scheme made by Hartlepool under section 143 of the Water Industry Act 1991 shall have effect, subject to paragraph (2), as a reference to, or to the undertaking of, Anglian.
2
Paragraph (1) shall only apply to any local statutory provision or charges scheme in relation to the area, things or persons in relation to which or to whom that provision or scheme has effect before 1st April 2000.
Signed by authority of the Secretary of State
A. H. Davis
A Senior Civil Servant in the
Department of the Environment, Transport and the Regions
20th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the London Borough of Merton (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 Merton;
“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 Merton (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 Merton
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Revocation
3
The London Borough of Merton (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
10th February 2000


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Infant Formula and Follow-on Formula (Amendment) (England) Regulations 2000 and shall come into force on 1st July 2002.
2
These Regulations apply to England.
Amendment of previous Regulations
2
The Infant Formula and Follow-on Formula Regulations 1995 , in so far as they apply to England, shall be amended by the insertion —
a
in paragraph (2) of regulation 1 (title, commencement and interpretation) —
i
(after the definition of “advertisement”, “advertise” and “advertising”) of the following definition —
“the Directive” means Commission Directive 91/321/ EEC on infant formulae and follow-on formulae as amended by amendments up to and including those effected by Commission Directive 1999/50/ EC
; and
ii
(after the definition of “member State”) of the following definition —
“pesticide residue” has the meaning given by Article 1(2)(e) of the Directive
; and
b
at the end of paragraph (2) of each of regulations 8 and 9 (composition of infant formulae and follow-on formulae), of the words
and it shall not —
a
if it is manufactured as ready for consumption, contain, or
b
if it is not so manufactured, be such that it would, if reconstituted according to its manufacturer’s instructions, contain,
residues of any individual pesticide at a level exceeding 0.01 mg/ kg
.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
7th June 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Welfare Reform and Pensions Act 1999 (Commencement No. 9, and Transitional and Savings Provisions) Order 2000.
2
In this Order, “the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 .
3
In this Order, references to sections and Schedules are references to sections of, and Schedules to, the Welfare Reform and Pensions Act 1999.
Appointed days
2
1
The day appointed for the coming into force of section 9 (monitoring of employers' payments to personal pension schemes), in so far as it is not already in force, is 6th April 2001.
2
The day appointed for the coming into force of section 59 (couples to make joint claim for allowance) and Schedule 7 (joint claims for jobseeker’s allowance), in so far as those provisions are not in force, is 19th March 2001.
3
Subject to articles 3 and 4 of this Order, the days appointed for the coming into force of —
a
section 62 (incapacity benefit: restriction to recent contributors),
b
section 63 (incapacity benefit: reduction for pension payments),
c
section 64 (incapacity benefit: persons incapacitated in youth),
d
section 65 (abolition of severe disablement allowance),
e
section 70 (welfare benefits: miscellaneous amendments) so far as it relates to paragraphs 21 (contribution conditions) and 22 (incapacity benefit: rate) of Schedule 8 (welfare benefits: minor and consequential amendments),
f
section 70 so far as it relates to paragraph 26 (beneficiaries under sections 68 and 70 of the Contributions and Benefits Act) of Schedule 8 (welfare benefits: minor and consequential amendments), and
g
section 88 (repeals) so far as it relates to Part IV of Schedule 13 (abolition of severe disablement allowance),
are as provided in paragraphs (4) and (5).
4
For the purpose of authorising the making of regulations in respect of the provisions mentioned in paragraph (3), the appointed day is 3rd November 2000.
5
For all purposes other than that mentioned in paragraph (4) in respect of the provisions mentioned in paragraph (3), the appointed day is 6th April 2001.
6
The day appointed for the coming into force of section 70 (welfare benefits: miscellaneous amendments), so far as it relates to —
a
paragraphs 20 and 25 (parliamentary control) of Schedule 8, is 3rd November 2000;
b
paragraph 27 of Schedule 8 (recovery of fines under the Criminal Justice Act 1991), is 6th April 2001.
Transitional provision in relation to incapacity benefit
3
1
Notwithstanding the commencement of section 62 (incapacity benefit: restriction to recent contributors), where a person is entitled to incapacity benefit by virtue of paragraph 2 of Schedule 3 to the Contributions and Benefits Act (contribution conditions for short-term incapacity benefit) on any day of incapacity for work in a period of incapacity for work beginning before 6th April 2001 which continues, whether or not by virtue of section 30C of the Contributions and Benefits Act or regulations made thereunder, on or after that date, that paragraph of that Schedule shall have effect in relation to him, in that period of incapacity for work, as if section 62 had not been commenced.
2
Notwithstanding the commencement of section 63 (incapacity benefit: reduction for pension payments) and paragraph 22 of Schedule 8 (incapacity benefit: rate), where a person is entitled to incapacity benefit under sections 30A to 30E of the Contributions and Benefits Act on any day of incapacity for work in a period of incapacity for work beginning before 6th April 2001 which continues, whether or not by virtue of section 30C of that Act or regulations made under that section, on or after that date, sections 30A to 30E of that Act shall have effect in relation to him, in that period of incapacity for work, as if section 63 and paragraph 22 of Schedule 8 had not been commenced.
Saving for existing severe disablement allowance beneficiaries
4
Notwithstanding the commencement of the provisions referred to in article 2(3)(d), (f) and (g) and (6)(b) (“severe disablement allowance provisions”), the provisions referred to in paragraphs 26 and 27 of Schedule 8 and Part IV of Schedule 13 shall continue to have effect, in the period of incapacity for work beginning before 6th April 2001 which would have continued, whether or not by virtue of section 30C or 68(10) or (10A) of the Contributions and Benefits Act or regulations made thereunder, on or after that date but for the commencement of the severe disablement allowance provisions, as if those provisions had not been commenced —
a
in relation to a person, to whom paragraph (b) does not apply, who is entitled to severe disablement allowance under section 68 or 69 of the Contributions and Benefits Act on any day of incapacity for work in that period of incapacity for work; or
b
until the beginning of 6th April 2002, in relation to a person who —
i
was under the age of 20 years on 6th April 2001, and
ii
is entitled to severe disablement allowance under section 68(1) of the Contributions and Benefits Act on any day of incapacity for work in that period of incapacity for work.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
1st November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Warwick (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Warwick;
“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 District of Warwick (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of Warwick
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty wards, which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or parishes and parish wards or, where no area is so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Kenilworth
3
1
The existing wards of the parish of Kenilworth shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Abbey, Park Hill and St John's; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the parish ward of Abbey shall be five, and for each of the parish wards of Park Hill and St John’s shall be six.
Wards of the parish of Warwick
4
1
The existing wards of the parish of Warwick shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names North, South and West; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each parish ward shall be five.
Revocation
5
The District of Warwick (Electoral Arrangements) Order 1979 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
23rd June 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 and shall come into force on 8th February 2000.
2
In these Regulations, unless the context otherwise requires–
“ the Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“the Executive Committee” means the committee of a Primary Care Trust appointed under regulation 9(1);
“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 Act and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“health service body” means–
a Health Authority, Special Health Authority, Primary Care Trust, NHS trust or a pilot scheme health service body;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 , or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust respectively constituted under sections 4, 10 and 12A of that Act;
the Dental Practice Board constituted under section 37(1) of the Act;
the Public Health Laboratory Service Board continued in being by section 5(4) and (5) of, and Schedule 3 to, the Act;
the National Radiological Protection Board established by section 1 of the Radiological Protection Act 1970 ;
the Commission for Health Improvement established by section 19 of the Health Act 1999 ;
“medical practitioner” means a person providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act;
“member”, in relation to a Primary Care Trust, does not include its chairman, and “members” and “membership” shall be construed accordingly;
“nurse” means a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 1997 who–
is providing personal medical services or personal dental services under a pilot scheme under the 1997 Act;
in connection with the provision of personal medical services or personal dental services under a pilot scheme under the 1997 Act, is employed by a person providing or performing those services;
is employed by a medical practitioner to assist in the provision of general medical services;
is employed by a dental practitioner to assist in the provision of general dental services; or
is employed by a Health Authority, a Primary Care Trust or an NHS trust to provide or assist in the provision of community health services;
“non-officer member” means a member of a Primary Care Trust who is not an officer of the trust and is not to be treated as an officer by virtue of regulation 1(3);
“officer member” means a member of a Primary Care Trust who is either an officer of the trust or is to be treated as an officer by virtue of regulation 1(3);
“Part II services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under the Act;
“pilot scheme health service body” has the meaning given in section 16(6) of the 1997 Act;
“preparatory period” has the meaning given in paragraph 2(2) of Schedule 5A to the Act;
“Primary Care Group” means a committee appointed under regulation 14(1) of the Health Authorities (Membership and Procedure) Regulations 1996 , in accordance with the Secretary of State’s directions of 15th October 1998 and exercising functions in accordance with the Secretary of State’s directions of 25th March 1999 .
3
For the purposes of these Regulations, the chairman of a Primary Care Trust’s Executive Committee and any persons nominated by such a committee in accordance with regulation 2(4)(c), if they are not officers of the trust, shall be treated as if they were such officers.
Membership of Primary Care Trusts
2
1
A Primary Care Trust shall have not more than 14 members and not less than 8 members.
2
The number of officer members shall not exceed 7 and nor shall it exceed the number of non-officer members.
3
The non-officer members shall be appointed by the Secretary of State.
4
The officer members shall include–
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance;
b
the person who for the time being holds the post of chairman of the Executive Committee; and
c
at least one person, but not more than 4 persons, appointed by the chairman following nomination by the Executive Committee.
5
Where only one person is appointed under paragraph (4)(c), that person shall be a member of the Executive Committee; and where more than one person is appointed under that paragraph, at least two shall be members of that committee.
6
Of the persons who are the chairman or members of the Executive Committee and who are members of the trust by virtue of paragraph (4)(b) and (c)–
a
at least one shall be a medical practitioner; and
b
at least one shall be a nurse.
7
In addition to the persons referred to in paragraph (4), the officer members may include officers of the trust, other than the Chief Executive and the Director of Finance, appointed by the chairman and non-officer members of that trust.
8
Where more than one person is appointed jointly to a post mentioned in paragraph (4)(a) or in relation to which an officer member is to be appointed under paragraph (7), those persons shall become or be appointed as an officer member jointly, and shall count as one officer member for the purposes of paragraphs (1) and (2).
9
Subject to regulation 3, an officer member appointed under paragraphs (4)(c) or (7) shall be appointed for such period–
a
not exceeding 4 years; and
b
in the case of an officer member who is also a member of the Executive Committee, not exceeding the remainder of his term of office as a member of that committee,
as the chairman or the chairman and non-officer members, as the case may be, may specify on making the appointment and shall be eligible for reappointment.
10
Subject to regulation 4, the chairman or a non-officer member shall be appointed for such period, not exceeding 4 years, as the Secretary of State may specify on making the appointment and shall be eligible for reappointment.
11
During its preparatory period a Primary Care Trust shall be regarded as properly constituted if the chairman and at least one non-officer member have been appointed, notwithstanding that the other members have not yet been appointed.
Termination of tenure of office and suspension of officer members
3
1
A person who is an officer member under regulation 2(4)(a) or (b) or (7) shall cease to hold office as a member if he ceases to hold the post or office in the trust by virtue of which he became an officer member.
2
A person who is an officer member under regulation 2(4)(b) or (c) shall cease to hold office as a member if, being a member of the Executive Committee, he ceases to be such a member.
3
If the chairman and non-officer members are of the opinion that it is not in the interests of the trust that a person who is an officer member under regulation 2(4)(c) should continue to hold office as such a member, they may with the consent of the Secretary of State forthwith terminate his tenure of office.
4
If the Executive Committee of a Primary Care Trust notifies the chairman of the trust that they are of the opinion that a person who is an officer member under regulation 2(4)(c) should not continue to hold office as such a member, the chairman and non-officer members of the trust may terminate his tenure of office if they are of the opinion that it is not in the interests of the trust for him to continue to hold office.
5
Where under paragraph (4) the chairman and non-officer members terminate the tenure of office of an officer member or determine that such a member shall continue to hold office, they shall forthwith notify the Secretary of State in writing, stating the reasons for their decision.
6
If a person who is an officer member under regulation 2(4)(c) has failed to attend a meeting of the trust for a period of three months, the chairman and non-officer members shall forthwith terminate the tenure of office of that officer member unless they are satisfied that–
a
the absence was due to a reasonable cause; and
b
the member will be able to attend meetings of that trust within such period as the chairman and non-officer members consider reasonable.
7
If the chairman and non-officer members are of the opinion that it is not in the interests of the trust that a person who is an officer member under regulation 2(7) should continue to hold office as such a member, they may forthwith terminate his tenure of office.
8
If an officer member of a Primary Care Trust is suspended from his post in the trust or from his membership of the Executive Committee he shall be suspended from performing his functions as a member for the period of his suspension.
Termination of tenure of office: chairman and non-officer members
4
1
The chairman or a non-officer member of a Primary Care Trust may resign his office at any time during the period for which he was appointed by giving notice in writing to the Secretary of State
2
.The date on which a resignation by notice given pursuant to paragraph (1) shall take effect shall be–
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Secretary of State.
3
Where during his period of membership a non-officer member of a trust is appointed to be the chairman of the trust, his tenure of office as a member shall terminate when his appointment as chairman takes effect.
4
If the Secretary of State is of the opinion that–
a
it is not in the interests of the health service in the area for which a trust acts; or
b
it is not conducive to the good management of a trust,
for a person whom he has appointed as the chairman or a non-officer member of that trust to continue to hold that office, the Secretary of State may forthwith terminate his tenure of office.
5
If the chairman or a non-officer member of a trust has failed to attend a meeting of that trust for a period of three months, the Secretary of State shall forthwith terminate the tenure of office of the chairman or that member unless he is satisfied that–
a
the absence was due to a reasonable cause; and
b
the chairman or member will be able to attend meetings of that trust within such period as the Secretary of State considers reasonable.
6
Where a person has been appointed to be the chairman or a non-officer member of a trust–
a
if it comes to the notice of the Secretary of State that the person has become disqualified for appointment under regulation 5, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
if it comes to the notice of the Secretary of State that at the time of his appointment the person was so disqualified, the Secretary of State shall forthwith declare that he was not duly appointed and so notify him in writing,
and, upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
7
If it appears to the Secretary of State that the chairman or a non-officer member of a trust has failed to comply with regulation 11(1) he may forthwith terminate that person’s tenure of office.
Disqualification for appointment: chairman and non-officer members
5
1
Subject to regulation 6, a person shall be disqualified for appointment as the chairman or a non-officer member of a Primary Care Trust if–
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man 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
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated–
i
because it was not–
a
in the interests of the health service or of the body, or
b
conducive to the good management of the body,
that he should continue to hold office;
ii
for non-attendance at meetings of the body; or
iii
for non-disclosure of a pecuniary interest in a matter which is the subject of consideration at a meeting of the body, for taking part in the consideration or discussion of that matter or for voting on any question with respect to that matter;
e
he is a chairman or member of–
i
another Primary Care Trust or the Executive Committee of such a trust,
ii
a Primary Care Group; or
iii
a Health Authority or a Special Health Authority, other than one specified in Schedule 1;
f
he is a chairman or director of an NHS trust;
g
he is a health care professional–
i
providing, or assisting in the provision of, Part II services or community health services;
ii
performing, or assisting in the performance of, services in connection with a pilot scheme under the 1997 Act; or
iii
who has at any time in the previous 12 months provided or performed, or assisted in the provision or performance of, the services referred to in paragraphs (i) and (ii),
h
he is a person employed by a health care professional referred to in sub-paragraph (g) for the purpose of assisting in the provision or performance of the services referred to in that sub-paragraph;
i
he holds any paid appointment or office with another Primary Care Trust, a Health Authority, a Special Health Authority, an NHS trust or a pilot scheme health service body.
2
For the purposes of paragraph (1)(a) the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his chairmanship, membership or directorship of a health service body.
4
A person shall not be disqualified by paragraph (1)(e) or (f) from being the chairman or a non-officer member of a Primary Care Trust during the trust’s preparatory period by virtue of being–
a
the chairman or a non-officer member of another trust, another trust’s Executive Committee or a Health Authority;
b
the chairman or a member of a Primary Care Group;
c
the chairman or a non-executive director of an NHS trust.
5
In this regulation, “health care professional” means–
a
a medical or dental practitioner, as defined in section 128(1) of the Act;
b
a nurse, midwife or health visitor registered in accordance with the Nurses, Midwives and Health Visitors Act 1997;
c
a registered pharmacist;
d
an ophthalmic optician, other than a body corporate enrolled in the list kept under section 9 of the Opticians Act 1989 ;
e
a person who is registered as a member of a profession to which the Professions Supplementary to Medicine Act 1960 extends;
f
a registered osteopath as defined by section 41 of the Osteopaths Act 1993 ; or
g
a registered chiropractor as defined by section 43 of the Chiropractors Act 1994 .
Cessation of disqualification
6
1
Where a person is disqualified under regulation 5(1)(b) by reason of having been adjudged bankrupt–
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 5(1)(b) by reason of his having made a composition or arrangement with his creditors, if 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 expiry of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 5(1)(c) he may, after the expiry of the period of two years beginning with the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 5(1)(d), the disqualification shall cease on the expiry of the period of two years beginning with the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Appointment of vice-chairman
7
1
Subject to paragraph (2), the chairman and members of a Primary Care Trust may appoint one of their number, who is not an officer member of the trust, to be vice-chairman, for such period, not exceeding the remainder of his term as a member of the trust, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
The date on which a resignation by notice given pursuant to paragraph (2) shall take effect shall be–
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the chairman.
Powers of vice-chairman
8
Where–
a
a member of a Primary Care Trust is appointed to be vice-chairman under regulation 7, and
b
the chairman of the trust has died or has ceased to hold office, or is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause,
the vice-chairman shall act as chairman until a new chairman is appointed or the existing chairman resumes his duties, as the case may be; and references to the chairman in Schedule 2 shall, so long as there is no chairman able to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
9
1
Each Primary Care Trust shall, in accordance with directions given by the Secretary of State, appoint a committee to be known as its Executive Committee to exercise functions specified in directions given by the Secretary of State.
2
The membership of each Executive Committee shall be drawn up in accordance with directions given by the Secretary of State and shall include medical practitioners, nurses and other persons who are not members of the trust.
3
Members of the Executive Committee shall be appointed and their tenure of office terminated in accordance with directions given by the Secretary of State.
4
Subject to such directions as may be given by the Secretary of State, a trust may and, if directed by him, shall–
a
appoint other committees of the trust, or
b
together with one or more Health Authorities or other trusts, appoint joint committees,
consisting wholly or partly of the chairman and members of the trust or other health service bodies or wholly of persons who are not members of the trust or other health service bodies in question.
5
A committee or joint committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the trust or other health service bodies in question, appoint sub-committees consisting–
a
wholly or partly of members of the committee or joint committee (whether or not they are members of the trust or other health service bodies in question); or
b
wholly of persons who are not members of the trust or other health service bodies or the committee of the trust or other health service bodies in question.
Meetings and proceedings
10
1
The meetings and proceedings of a Primary Care Trust shall be conducted in accordance with the rules set out in Schedule 2 and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 11 and to such directions as may be given by the Secretary of State a trust shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business; and such Standing Orders may contain provision for their own suspension.
3
Subject to such directions as may be given by the Secretary of State, a trust may, on its own in the case of a committee or sub-committee of the trust or jointly with other trusts or Health Authorities in the case of a joint committee or sub-committee thereof, make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of such committee, joint committee or sub-committee but, subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
11
1
Subject to the following provisions of this regulation, if the chairman or a member of a Primary Care Trust has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at a meeting of the trust at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
A trust may, by Standing Orders made under regulation 10(2), provide for the exclusion of the chairman or a member from a meeting of the trust while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 11 of Schedule 5A to the Act shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purposes of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if–
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
The chairman or a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only–
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of or in voting on, any question with respect to that contract, proposed contract or matter.
7
Where the chairman or a member has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies in relation to a committee or sub-committee and to a joint committee or sub-committee as it applies in relation to a trust and applies to a member of any such committee or sub-committee (whether or not he is also a member of a trust) as it applies to a member of a trust.
9
In this regulation–
“public body” includes any body established for the purpose of carrying on, under national ownership, any industry or part of any industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means–
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Arrangements by Primary Care Trusts for the exercise of functions
12
1
Subject to paragraphs (5) and (6) and to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function exercisable by a Primary Care Trust under or by virtue of the Act, the National Health Service and Community Care Act 1990 or the Health Act 1999 may by arrangement with that trust, and subject to such restrictions and conditions as that trust may think fit, be exercised–
a
by another Primary Care Trust;
b
by a Special Health Authority;
c
jointly with any one or more of the following–
i
Health Authorities;
ii
NHS trusts, and
iii
other Primary Care Trusts, or
d
on behalf of the trust by a committee, sub-committee or officer of the trust.
2
Subject to paragraph (3) and to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function which, under paragraph (1)(b), is exercisable by a Special Health Authority may be exercised on behalf of that authority by a committee, sub-committee or officer of that authority.
3
Paragraph (2) does not apply in the case of the Mental Health Act Commission , the Prescription Pricing Authority, the Dental Vocational Training Authority , the Ashworth Hospital Authority , the Broadmoor Hospital Authority or the Rampton Hospital Authority .
4
Subject to any directions given by the Secretary of State or, subject to any such directions, the appropriate Health Authority with respect to its exercise, any function which, under paragraph (1)(c), is exercisable by a Primary Care Trust jointly with one or more Health Authorities or other Primary Care Trusts (but not with any NHS trusts) may by arrangement with those health service bodies be exercised on behalf of those bodies by a joint committee or a joint sub-committee.
5
Any function exercisable by a Primary Care Trust under or in relation to arrangements made under section 63(1) of the health Services and Public Health Act 1968 may by arrangement with that trust be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.
6
Any function which a Primary Care Trust may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that trust be exercised jointly with one or more Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
18th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 and shall come into force on 14th February 2000.
Interpretation
2
1
In these Regulations —
“branded health service medicine” means a health service medicine which —
is identifiable by and traded under a specific name given to it by the manufacturer, supplier or holder of a marketing authorisation relating to it; and
is a medicinal product in respect of which a marketing authorisation has been granted;
“initial price” in relation to a presentation of a medicine means —
the price of that presentation which was published on the internet at www.doh.gov.uk/pprsjuly.htm on 20th January 2000 by the Department of Health , or
if no price has been so published but the price is so published of another presentation which is only distinguished by —
type of packaging, that published price; or
pack size, the price calculated in direct proportion to that published price;
“maximum price” means the price under regulation 3 or, as the case may be, 4;
“marketing authorisation” means a marketing authorisation for a medicinal product for human use granted —
by the competent authorities of the United Kingdom in accordance with Council Directive 65/65/ EEC of 26th January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to medicinal products ; or
by the European Agency for the Evaluation of Medicinal Products in accordance with Council Regulation (EEC) No. 2309/93 of 22nd July 1993 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ;
“presentation” means a particular form of a medicine which may be distinguished from other forms of that medicine by reference to its active ingredients and excipients, pack size, type of packaging, clinical indications or indicated method of administration for use in clinical practice;
“supply” means supply by way of sale.
2
A health service medicine is supplied on the date on which a contract for its sale is concluded.
3
Any reference in these Regulations to a numbered regulation is a reference to a regulation which bears that number in these Regulations and any reference to a numbered paragraph in a regulation is a reference to the paragraph in that regulation which bears that number, unless the context otherwise requires.
Control of prices
3
Subject to regulation 4, the maximum price which may be charged for the supply for health service purposes of a branded health service medicine of a particular presentation shall not exceed —
a
95.5 per cent of the initial price where, in aggregate, the supplies of branded health service medicines made by a manufacturer or supplier to the health service in the year ending 30th September 1999 exceeded £1,000,000, determined by reference to the amounts reimbursed by the Prescription Pricing Authority in respect of that year; and
b
in any other case, the initial price of that presentation.
Increases
4
1
The Secretary of State may —
a
on his own motion; or
b
on application made in accordance with paragraph (2);
increase the maximum price by direction to a specific manufacturer or supplier.
2
An application by a specific manufacturer or supplier to the Secretary of State for an increase of that maximum price shall be made in writing and shall —
a
specify the health service medicine in respect of which the application is made,
b
state the reasons for the application, and
be accompanied by the information specified in Schedule 1 to these Regulations.
3
On an application under this regulation, the Secretary of State shall, subject to paragraphs (4) and (5), reply to the manufacturer or supplier within 90 days of his receipt of that application or, if the Secretary of State gives notice to the manufacturer or supplier that the information is inadequate, within 90 days of the Secretary of State’s receipt of such additional information as the Secretary of State may in the notice require.
4
Where the number of applications received by the Secretary of State make it impracticable for him to reply to all or any of the applications within the 90 day period, he shall so notify the applicant before the end of that period.
5
In a case where the Secretary of State has given notice under paragraph (4), he shall make a decision not later than 60 days after the expiry of the 90 day period, or if he has required additional information under paragraph (3), not later than 150 days after the receipt of such additional information.
Application of Regulations
5
These Regulations shall not apply —
a
at any time to a manufacturer or supplier to whom at the time a voluntary scheme applies;
b
to a supply of any medicine which is listed in Schedule 10 to the National Health Service (General Medical Services) Regulations 1992 .
Information
6
1
Any manufacturer or supplier who supplies branded health service medicines shall —
a
keep for a minimum period of 3 years from the date of the sale of a branded health service medicine a record of the sales of each presentation of it, including —
i
information on the number of units of each presentation which are sold for health service purposes, and
ii
the income derived from sales of that presentation;
for each period of 3 months beginning on 14th February 2000;
b
retain for a minimum period of 3 years from the date of the sale of a branded health service medicine any information which is in his possession of the kind mentioned above in respect of the period of 3 months starting on 14th February 1999 and each subsequent period of 3 months in that year; and
c
comply within 14 days, or such longer period as the Secretary of State may allow, with any direction made by the Secretary of State which requires the provision to him of information from that record.
2
If the Secretary of State is of the opinion that in order to implement these Regulations more information is required than that required under paragraph (1), he may direct the manufacturer or supplier in question to supply that additional information within 14 days or such longer period as he may allow.
3
Where the Secretary of State directs the supply of additional information under paragraph (2), he shall at the time of giving that direction also give written notice to the manufacturer or supplier (as the case may be) of the reason why the additional information is required.
Enforcement
7
1
Any person who supplies a branded health service medicine for health service purposes at a price in excess of that permitted under these Regulations shall be liable, on the demand of the Secretary of State, to pay to him a recoverable sum calculated under Schedule 2 to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice in writing addressed to the manufacturer or supplier in question and it shall state the amount of the recoverable sum calculated up to the date of the demand and the period within which it shall be paid.
3
The recoverable sum, or any part of it, which has not been paid to the Secretary of State within the period specified in the demand shall carry interest at 2.5 per cent above the rate announced from time to time by the Monetary Policy Committee of the Bank of England and for the time being in force as the official dealing rate, being the rate at which that Bank is willing to enter into transactions for providing short term liquidity in the money markets.
4
Where for a continuous period a product is sold at a price in excess of the maximum price, a contravention occurs —
a
on the date on which that period begins; and
b
on the completion of every second month during that period.
Penalties
8
1
A manufacturer or supplier who fails to comply with a direction made under regulation 6(1)(c) or (2) shall, on the demand of the Secretary of State, pay to him a penalty calculated under Schedule 3 to these Regulations.
2
A demand made under paragraph (1) shall be made by a notice in writing addressed to the manufacturer or supplier in question and it shall state the amount of the penalty calculated up to the date of the demand and the period within which it shall be paid.
Appeals
9
A manufacturer or supplier of branded health service medicines shall have a right of appeal in accordance with regulations made under section 37(5) of the Health Act 1999 against any decision made under these Regulations which relates to him.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
24th January 2000


text:
Citation and commencement
1
This Order may be cited as the Mid-Sussex National Health Service Trust (Establishment) Amendment Order 2000 and shall come into force on 26th May 2000.
Amendment of NHS trust Establishment Order
2
Article 3(2)(c) of the Mid-Sussex National Health Service Trust (Establishment) Order 1994 is amended by substituting for the entry “Stead Resource Centre” to the end the words “Stead Resource Centre, 50 Victoria Road, Burgess Hill, West Sussex RH15 9LW.”
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
15th May 2000


text:
Citation and commencement
1
This Order may be cited as the Road Traffic Regulation Act 1984 (GLA Side Roads Amendment) Order 2000 and shall come into force on 1st October 2000.
Amendment of Road Traffic Regulation Act 1984
2
1
The Road Traffic Regulations Act 1984 shall be amended as follows.
2
In section 124A(8) (which specifies the “appropriate authority” in relation to certain orders) for paragraph (b) there shall be substituted —
b
in relation to an order made under section 124B of this Act, the Mayor of London;
.
3
In section 124A(9) (which provides for references to GLA side roads to be construed by reference to orders of certain descriptions) for paragraph (b) there shall be substituted —
b
an order made by the Greater London Authority under section 124B of this Act.
4
After section 124A there shall be inserted the sections 124B and 124C set out in the Schedule to this Order (which make provision corresponding to sections 14B and 14C of the Highways Act 1980 as respects changing the status, and recording the status, of roads).
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
10th August 2000


text:
Citation and interpretation
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 8 and Transitional Provisions) Order 2000.
2
In this Order “the 1999 Act ” means the Immigration and Asylum Act 1999.
Commencement
3
The provisions of the 1999 Act specified in column 1 of the Schedule to this Order shall come into force on 11th December 2000, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision shall come into force on that date only for that purpose.
Amendment
4
With effect from 27th November 2000, the Immigration and Asylum Act 1999 (Commencement No. 7) Order 2000 is amended as follows —
a
in article 2, after “1st January 2001” insert “, subject to the transitional provision contained in article 3,”; and
b
after article 2 insert —
Transitional Provision
3
The provisions of the 1949 Act as they are in force on 31st December 2000 shall continue to apply in respect of any marriage, notice of which has been entered in the marriage notice book for —
a
the registration district referred to in section 27(1)(a) or (2) of the 1949 Act, or
b
each registration district referred to in section 27(1)(b) of the 1949 Act,
before 1st January 2001.
.
5
With effect from 27th November 2000, the limitations on the taking effect of a variation and on a requirement to leave the United Kingdom contained in section 14(1) of the Immigration Act 1971 and in paragraph 7 of Schedule 2 to the Asylum and Immigration Appeals Act 1993 (as continued in force by paragraphs 2(5) and 3(4) of Schedule 2 to the Immigration and Asylum Act 1999 (Commencement No. 6 and Consequential Provisions) Order 2000 ) are to be disregarded in calculating, for the purposes of section 61 or 69(2) of the 1999 Act, whether, as a result of a decision, a person may be required to leave the United Kingdom within 28 days.
Barbara Roche
Minister of State
Home Office
19th November 2000