text:
PART I
Preliminary
Title and commencement
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) Rules 2001 and shall come into force on 1st April 2001.
Application
2
Subject to the provisions of these Rules, the Court of Protection Rules 2001 shall apply to the proceedings under the Enduring Powers of Attorney Act 1985 .
Interpretation
3
1
In these Rules, unless the context otherwise requires —
expressions used in the Supreme Court Act 1981 shall have the same meanings as they have in that Act;
“ the Act ” means the Enduring Powers of Attorney Act 1985;
“the 1983 Act ” means the Mental Health Act 1983;
“the 2001 Rules ” means the Court of Protection Rules 2001;
“applicant” includes an objector;
“application” includes an objection;
“attended hearing” means a hearing where one or more of the parties to the proceedings have been invited to attend the court for the determination of the application;
“the court” means the Court of Protection;
“direction” means a direction or authority given under the seal of the court;
“enduring power of attorney” shall be construed in accordance with section 2 of the Act;
“entered” means entered in the register of enduring powers of attorney kept by the court;
“filed” means filed in the court office;
“hearing” means an attended or unattended hearing;
“judge” means the Lord Chancellor or a judge nominated under section 93(1) of the 1983 Act;
“ Master ” means the Master of the Court of Protection;
“nominated officer” means an officer of the court nominated under section 93(4) of the 1983 Act;
“order” means an order of the court under seal and includes a certificate, direction or authority of the court under seal;
“relative” means one of the persons referred to as relatives and entitled to receive notice under the provisions of paragraphs 1 and 2 of Schedule 1 to the Act;
“seal” means an official seal of the court and “sealed” shall be construed accordingly.
2
In these Rules —
a
any reference to a numbered rule or to a numbered Schedule is a reference to the rule of, or the Schedule to, these Rules so numbered in these Rules;
b
any reference in a rule to a numbered paragraph is a reference to the paragraph so numbered in the rule in which the reference occurs; and
c
a form referred to by a letter alone means the form so designated in Schedule 1 or a form to the same effect with such variations as the circumstances may require and the court may approve and in both cases shall include a Welsh translation of the form.
Exercise of court’s functions
4
Where any discretion, power or function is (in whatever words) expressed by these Rules to be exercisable by the court then, subject to the provisions of the Act, that discretion, power or other function may be exercised —
a
by a judge;
b
by the Master;
c
to the extent to which he is authorised to exercise it under section 94 of the 1983 Act, by a nominated officer.
Computation of time
5
1
Where a period of time fixed by the Act or by these Rules or by a judgment, order or direction for doing any act expires on a day on which the court office is closed and for that reason cannot be done on that day, the act shall be done in time if done on the next day on which the office is open.
2
Where the act is required to be done within a specified period after or from a specified date, the period begins immediately after that date.
3
Where any period of time, fixed as mentioned in paragraph (1), is three days or less, any day on which the court office is closed shall not be included in the computation of that period.
PART II
Applications
Notice of intention to register
6
1
Notice of the attorney’s intention to apply to register an enduring power of attorney shall be given in Form EP1 to the donor and to those relatives entitled to receive such notice and to any co-attorney, all such notices to be served within fourteen days of each other.
2
An application to dispense with such notice shall be made in Form EP3 before any application for registration is made and shall be accompanied by the original power of attorney.
Time limits
7
An application to register an enduring power of attorney shall be made in Form EP2 and shall be lodged with the court office not later than 10 days after the date on which —
a
notice has been given to the donor and every relative entitled to receive notice and every co-attorney; or
b
leave has been given to dispense with notice
whichever may be the later.
Form of application
8
1
Subject to the provisions of rules 6 and 7 and to the following provisions of this rule, an application may be made by letter unless the court directs that it should be formal, in which case it shall be made in Form EP3.
2
Any application made by letter to the court, other than an objection to registration, shall include the name and address of the applicant, the name of the donor if he is not the applicant, the form of relief or determination required and the grounds for the application.
Objections to registration
9
1
Any objection to registration shall be made in writing and shall set out —
a
the name and address of the objector;
b
the name and address of the donor if he is not the objector;
c
any relationship of the objector to the donor;
d
the name and address of the attorney; and
e
the grounds for objecting to registration of the enduring power of attorney.
2
Any objection to registration received by the court on or after the date of registration shall be treated by the court as an application to cancel the registration.
Exercise of the court’s powers and functions under the provisions of the 1985 Act
10
1
This rule shall apply to applications made to the court —
a
for relief or for determination of any question under sections 1(1)(b), 4(5), 5, 6(3), 6(4), 8(2), 8(3), 8(4) or 11(5)(c) of the Act; or
b
under paragraphs 2(1), 3(2), 4(2) or 7(1) of Schedule 1 to the Act,
which are not made simultaneously with an application for registration of an enduring power of attorney.
2
On receipt of an application, the court may decide either that no hearing shall be held, in which case the application shall be dealt with by written representations, or it may fix an appointment for directions or for the application to be heard.
3
The court may at any time, on application or of its own motion, give such direction as it thinks proper with regard to any matter arising in the course of an application.
4
Notification of an appointment for directions or a hearing shall be given by the applicant to the attorney (if he is not the applicant), to any objector and to any other person directed by the court to be notified.
5
The applicant, the attorney (if he is not the applicant) and any person given notice of the hearing may attend or be represented.
6
If it appears to the court that any order for relief should be made or any question determined, the court may make such order or give such directions as it thinks fit, of its own motion.
7
Where an attorney seeks to disclaim an enduring power of attorney pursuant to sections 4(6) or 7(1)(b) of the Act, the disclaimer shall not take effect earlier than the day on which the notice of disclaimer is received at the court.
Consolidation of proceedings
11
The court may consolidate any application for registration or relief or any objection to registration if it considers that the proceedings may be dealt with more conveniently together.
Registration of an enduring power of attorney
12
1
Where there is no objection to the registration of an enduring power of attorney or any objection has been withdrawn or dismissed, the enduring power of attorney shall be registered and sealed by the court.
2
The court shall retain a copy of the registered enduring power of attorney and shall return the original instrument to the applicant attorney.
3
Any alterations which appear on the face of the instrument when an application for registration is made shall be sealed.
4
Any qualification to registration imposed by reason of section 11(6) or (7) of the Act shall be noted on the register and on the instrument and sealed.
5
The date of registration shall be the date stamped by the court on the instrument at the time of its registration.
Searches of the register and copies of registered enduring powers of attorney
13
1
On payment of the appropriate fee, any person shall be entitled to request the court in Form EP4 to search the register and to state whether an enduring power of attorney has been registered and the court shall so state in Form EP5.
2
The court may supply a person with an office copy of a registered enduring power of attorney if it is satisfied that he has a good reason for requesting a copy and that it is not reasonably practicable to obtain a copy from the attorney.
3
For the purposes of this rule, an office copy is a photocopy or a facsimile copy of an enduring power of attorney, marked as an office copy and sealed.
4
An office copy of an enduring power of attorney need not contain the explanatory information endorsed on the original power.
PART III
Hearings
Notice of hearing
14
1
Except where these rules otherwise provide or the court otherwise directs, the following minimum periods of notice of a hearing shall be given by the applicant —
a
ten clear days in the case of —
i
an application to dispense with notice to the donor;
ii
an application to dispose of the donor’s property prior to registration; and
iii
an objection to registration of an enduring power of attorney; and
b
seven clear days in the case of any other application.
2
Unless the court otherwise directs, notice of a hearing shall be given to the attorney, the donor, every relative, any co-attorney and to such other persons who appear to the court to be interested as the court may specify.
3
The court may extend or abridge the time limited by these Rules or any order or direction for doing any act upon such terms and notwithstanding in the case of an extension that the time so limited has expired.
4
For the purpose of this rule, notice of a hearing is given if the applicant sends a copy of the application, endorsed by the court with the hearing date, to the person concerned.
Mode of giving documents
15
1
Any document required by these Rules to be given to the donor shall be given to him personally.
2
Except where these Rules otherwise provide, any document required by these Rules to be given to any person shall be given to him by —
a
sending it to him by first class post or through a document exchange; or
b
transmitting it to him by fax or other electronic means.
Giving documents to a solicitor
16
Where a solicitor acting for the person to be given any document, other than the donor, endorses on that document, or on a copy of it, a statement that he accepts the document on behalf of that person, the document shall be deemed to have been duly given to that person and to have been received on the date that the endorsement was made.
Alternative method of giving documents
17
Where it appears to the court that it is impracticable for any document to be given to a person in accordance with rule 15(2), the court may give such directions for the purpose of bringing the document to the notice of the person to whom it is addressed as it thinks fit.
Use of evidence in subsequent proceedings
18
Except where the court otherwise directs, evidence which has been used in any proceedings relating to a donor may be used at any subsequent stage of those proceedings or in any other proceedings before the court.
Copies of documents in court
19
1
Any person who has filed an affidavit or other document shall, unless the court otherwise directs, be entitled on request to be supplied with a copy of it.
2
An attorney or his solicitor may have a search made for and may inspect and request a copy of any document filed in proceedings relating to the enduring power of attorney under which the attorney has been appointed.
3
Subject to paragraphs (1) and (2), no documents filed in the court shall be open to inspection without the leave of the court and no copy of any such document or an extract from it shall be taken by or issued to any person without such leave.
Summoning of witnesses
20
Any witness summons required to be issued in any proceedings under these Rules shall be in Form EP6.
Leave to bring an application
21
Any person other than a person who has been served with a notice of intention to register an enduring power of attorney shall apply to the court for leave to make an application for relief specified in the Act.
Notification of decision
22
All persons to whom notice is to be given under rule 10(4) shall be notified by the applicant of the court’s decision and shall also be sent by the applicant a copy of any order made or direction given.
PART IV
Reviews and Appeals
Review of decision not made on an attended hearing
23
1
Any person who is aggrieved by a decision of the court that was made without an attended hearing may apply to the court within fourteen days of the date on which the decision was given to have the decision reviewed by the court.
2
On considering an application for review, the court may either confirm or revoke the previous decision or give any other order or decision which it thinks fit.
3
Any person aggrieved by any order or decision of the court made on considering an application for review may apply to the court for an attended hearing.
Appeal from decision made on an attended hearing
24
1
Any person aggrieved by an order or decision of the court made on an attended hearing, may, within fourteen days from the date of entry of the order or as the case may be, from the date of the decision, appeal to a nominated judge.
2
The appellant shall within fourteen days —
a
serve notice of appeal in form EP7 on every person who is directly affected by the decision and on any other person whom the court may direct; and
b
lodge a copy of the notice at the court.
3
The court shall fix a time and place at which the appeal is to be heard and shall cause notice of the time and place to be sent to the appellant, who shall immediately send notice of it to every person who has been served with notice of the appeal.
4
No evidence further to that given at the hearing shall be filed in support of, or in opposition to, the appeal without leave of the court.
PART V
Cancellation of Registration
Cancellation of a registered power of attorney
25
1
Where the court is satisfied that one of the circumstances listed in section 8(4) of the Act applies, it shall cancel the registration of the enduring power of attorney in question and send a notice to the attorney requiring him to deliver the original instrument to the court.
2
Where the court —
a
receives a notice of disclaimer under section 7(1)(b) of the Act;
b
is satisfied that the enduring power of attorney has been revoked by the death or bankruptcy of the donor; or
c
is satisfied that the enduring power of attorney has been revoked by the death or bankruptcy of the attorney or, if the attorney is a body corporate, its winding up or dissolution;
it shall cancel the registration of the enduring power of attorney and send notice to the attorney, or, (where appropriate) to his personal representative or to the liquidator or receiver of a body corporate, requiring him or them to deliver the original instrument to the court.
3
Where the instrument creating an enduring power of attorney has been lost or destroyed, the attorney shall give to the court written details of that date of such loss or destruction and of the circumstances in which the loss or destruction occurred.
4
Where registration has been cancelled for any reason other than that set out in section 8(4)(c) of the Act, the court shall mark the power of attorney as cancelled.
5
Any notices issued by the court under this rule may contain a warning that failure to comply with the notice may lead to punishment for contempt of court.
PART VI
Fees
Schedule of fees
26
1
Fees shall be payable in accordance with the provisions of Schedule 2.
2
The fees specified in column 2 of Schedule 2 shall apply in respect of the corresponding event referred to in column 1.
3
The person liable to pay the fee for the registration of a power of attorney shall, unless the court otherwise directs, make the payment out of the assets of the donor.
PART VII
Transitional Provisions
27
1
Where any matter is pending before the Public Trustee before the coming into force of these Rules which by virtue of these Rules relates to a function to be exercised by the court, the court shall deal with the matter in accordance with these Rules.
2
Where any review or appeal is pending before the Court or the Public Trustee before the coming into force of these Rules, it shall be dealt with in accordance with the provisions of these Rules.
PART VIII
Revocation
Revocation of previous Rules
28
The Court of Protection (Enduring Powers of Attorney) Rules 1994 and the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 1999 are hereby revoked.
Irvine of Lairg, C
Dated 1st March 2001
We consent,
Jim Dowd
Greg Pope
Two of the Lord Commissioners of Her Majesty’s Treasury
Dated 6th March 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (Borough of Barrow-in-Furness) Order 2001 and shall come into force on 3rd September 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Barrow-in-Furness with the exception of the A590 trunk road from the Park Road roundabout to the Melton Brow roundabout.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
3rd August 2001


text:
1
1
This Order may be cited as the A614 Nottingham to Bawtry Trunk Road (Longdale Lane Junction Improvement) Order 2001 and shall come into force on 1st March 2001.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date when this order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/248, marked “The A614 Nottingham to Bawtry Trunk Road (Longdale Lane Junction Improvement) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at Department of Environment, Transport and the Regions, Room F13 Ashdown House, Sedlescombe Road North, St. Leonards-on-Sea, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Robert Bannon
Divisional Director, Highways Agency
12th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Information About Individual Pupils) (England) Regulations 2001 and shall come into force on 16th January 2002.
2
These Regulations apply only in relation to schools in England.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“ GCE ‘A’ level examination” means the General Certificate of Education advanced level examination or the General Certificate of Education advanced subsidiary examination;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means General National Vocational Qualification;
“GNVQ precursor” means any of —
the National Certificate or National Diploma of the EDEXCEL Foundation;
the Diploma of Vocational Education of the City and Guilds of London Institute at national level;
the First Certificate or First Diploma of the EDEXCEL Foundation; or
the Diploma of Vocational Education of the City and Guilds of London Institute at intermediate level;
“non-maintained special school” means a special school which is not maintained by a local education authority;
“ NVQ ” means National Vocational Qualification;
“permanently excluded” in relation to a pupil means a pupil who has been permanently excluded from a school on disciplinary grounds;
“permanent exclusion date” means the date on which the name of a permanently excluded pupil is deleted from the Register;
“post advanced level course” means a course of study being undertaken by a pupil who has completed a course leading to any of —
a GCE ‘A’ level examination,
a General Certificate of Education advanced supplementary examination,
a GNVQ at level 3,
a GNVQ precursor at level 3,
a NVQ at level 3,
a VCE , or
an International Baccalaureate Diploma,
and is no longer studying any of those courses;
“Register” means the register of pupils kept under section 434 of the 1996 Act and in accordance with the Education (Pupil Registration) Regulations 1995 ;
“special school” has the meaning given by section 337 of the 1996 Act ;
“unique pupil number” means a combination of numbers which together with a letter or letters are allocated to a pupil and are particular to him, by use of a formula determined by the Department for Education and Skills; and
“VCE” means the Vocational Certificate of Education.
Provision of information by schools maintained by local education authorities to their local education authorities
3
Within fourteen days of receiving a request from the local education authority by which a school is maintained, the governing body of that school shall provide to the authority such of the information referred to in the Schedule to these Regulations as is so requested.
Provision of information by non-maintained special schools, city technology colleges, city colleges for the technology of the arts and city academies to the Secretary of State
4
Within fourteen days of receiving a request from the Secretary of State —
a
in respect of a non-maintained special school, the governing body; or
b
in respect of a city technology college, a city college for the technology of the arts or a city academy, the proprietor,
shall provide to the Secretary of State such of the information referred to in the Schedule to these Regulations as is so requested.
Revocation
5
The Education (Information About Individual Pupils) (England) Regulations 2000 are hereby revoked.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
17th December 2001


text:
1
These Regulations may be cited as the Road Traffic (Owner Liability) (Amendment) (No. 2) Regulations 2001 and shall come into force on 1st April 2001.
2
In Forms FP1 and FP4 in Schedule 1 to the Road Traffic (Owner Liability) Regulations 2000 for the words “Clerk to the Justices” there shall be substituted the words “Chief Executive to the Justices”.
3
The Road Traffic (Owner Liability) (Amendment) Regulations 2001 are hereby revoked.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
27th March 2001


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 2001 and shall come into force on 17th April 2001.
2
This Order extends to England and Wales only.
3
In this Order “the principal Order ” means the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 .
2
Schedule 1 to the principal Order (designated countries and territories) shall be amended as follows —
a
by the insertion, at the appropriate places in alphabetical order, of the entries for the countries and territory specified in the Schedule to this Order;
b
by the insertion, opposite the entry for Ireland, of the following entry — “The Department of Justice, Equality and Law Reform”.
A. K. Galloway,
Clerk of the Privy Council


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) ( Amendment) Order 2001 and shall come into force on the day after the day on which it is laid before Parliament.
2
For the Schedule to the Immigration (Destination of Travel Bans) Order 2000 there shall be substituted the Schedule to this Order.
3
The Immigration (Designation of Travel Bans) (Amendment) Order 2000 is hereby revoked.
Jeff Rooker
Minister of State, Home Office
2nd July 2001


text:
1
1
This Order may be cited as the Regulation of Investigatory Powers Act 2000 (Commencement No. 2) Order 2001.
2
In this Order, “ the Act ” means the Regulation of Investigatory Powers Act 2000.
2
Sections 71 and 72 of the Act (codes of practice), to the extent that they relate to Chapter II of Part I of the Act (acquisition and disclosure of communications data), shall come into force on 13th August 2001.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
26th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ealing Primary Care Trust (Establishment) Order 2001 and shall come into force on 10th December 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Ealing Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 10th December 2001 a Primary Care Trust to be called the Ealing Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Ealing, Hammersmith and Hounslow Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Ealing, Hammersmith and Hounslow Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Riverside Community Healthcare National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
5
The Hounslow and Spelthorne Community and Mental Health National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
30th November 2001


text:
1
These Rules may be cited as the Value Added Tax Tribunals (Amendment) Rules 2001 and shall come into force on 1st October 2001.
2
In these Rules, a rule referred to by number alone means the rule so numbered in the Value Added Tax Tribunals Rules 1986 .
3
In rule 2 —
a
after the definition of “the 1996 Act” insert —
“the 2000 Act ” means the Finance Act 2000 ;
;
b
at the end of the definition of “appellant” insert —
or paragraph 122 of Schedule 6 to the 2000 Act
;
c
in the definition of “evasion penalty appeal” after the words “the 1996 Act” insert —
or paragraph 98 of Schedule 6 to the 2000 Act
;
d
at the end of the definition of “mitigation appeal” insert —
or paragraph 104 of Schedule 6 to the 2000 Act
; and
e
at the end of the definition of “reasonable excuse appeal” insert —
or any of paragraphs 41(4), 55(5), 90(4), 100(4), 101(4), 114(4), 124(4), 125(7), 127(5) of Schedule 6 to the 2000 Act
.
4
In rule 16(2) after “the 1996 Act” insert —
or under paragraph 123(4) of Schedule 6 to the 2000 Act
.
5
In rule 19(3A) after “the 1996 Act” insert —
or paragraph 99 of Schedule 6 to the 2000 Act
.
6
In rule 20(1)(A) after “the 1996 Act” insert —
or paragraph 121 of Schedule 6 to the 2000 Act
.
Signed on behalf of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
Dated 8th September 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 7) Order 2001.
2
The following provisions of the Criminal Justice and Court Services Act 2000 shall come into force for the purpose of exercising any order-making powers conferred on the Secretary of State on 20th June 2001, and for all other purposes on 2nd July 2001 —
a
section 47 (drug abstinence orders);
b
section 48 (pre-sentence drug testing);
c
section 49 (community sentences: drug abstinence requirements);
d
section 50 (community sentences: curfew requirements);
e
section 52 (community sentences: electronic monitoring of requirements), except in so far as it relates to exclusion orders and exclusion requirements;
f
section 57 (testing persons in police detention) within the following police areas only:
i
Nottinghamshire;
ii
Staffordshire;
iii
the metropolitan police district;
g
section 58 (right to bail: relevance of drug misuse);
h
section 63 (supervision of young offenders after release), in so far as it inserts the following provisions into section 65 of the Criminal Justice Act 1991 :
i
subsection (5A)(c);
ii
subsection (5B);
iii
subsection (5C) in so far as it applies to subsection (5A)(c);
iv
subsection (5D);
v
subsection (9);
vi
subsection (10);
i
section 64 (release on licence etc : drug testing requirements);
j
section 70 (interpretation etc. );
k
section 74 in so far as it relates to the provisions of Schedule 7 commenced by sub-paragraph (m) below;
l
Schedule 6 (trigger offences);
m
in Schedule 7 (minor and consequential amendments) —
i
paragraph 78;
ii
paragraph 105;
iii
paragraph 161(b);
iv
paragraphs 162 and 163;
v
paragraph 164, except for the reference in sub-paragraph (b) to paragraphs 2A(4) and (5) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000 ;
vi
paragraph 196, except for the references to sections 40A(6), 40C(1) and 40(C)(2) of, paragraph 8 of Schedule 2 to, and paragraph 1(1A) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000;
vii
in paragraph 197, sub-paragraph (f) in so far as it relates to drug abstinence orders and sub-paragraph (g)(ii);
viii
in paragraph 199, sub-paragraph (2)(a) in so far as it relates to drug abstinence orders, sub-paragraphs (2)(b) and (5) in so far as they relate to drug abstinence, sub-paragraph (2)(c), sub-paragraph (6), sub-paragraph (11)(b)(i), sub-paragraph (13), sub-paragraph (21)(b) in so far as it inserts paragraph (aa) into paragraph 19(2) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, sub-paragraph (21)(c), sub-paragraph (21)(d) in so far as it inserts paragraph 19(6) into Schedule 3 of the Powers of the Criminal Courts (Sentencing) Act 2000; sub-paragraph (24) and sub-paragraph (25)(a);
ix
in paragraph 201, sub-paragraphs (1) and (2)(a);
x
in paragraph 202, sub-paragraph (1) and (2)(a); and
n
in Schedule 8 (repeals), the entries relating to sections 38 and 40(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.
3
This Order extends to England and Wales only.
Keith Bradley
Minister of State
Home Office
19th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Amber Valley Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd February 2001].
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Amber Valley Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the Amber Valley Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Southern Derbyshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Southern Derbyshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Community Health Services, Southern Derbyshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


text:
Citation and commencement
1
These Regulations may be cited as The Road Vehicles Lighting (Amendment) Regulations 2001 and shall come into force on 21st March 2001.
Amendment of regulation 11
2
In regulation 11 of the Road Vehicles Lighting Regulations 1989 , after paragraph (2)(s) there is inserted —
sa
reflected blue, yellow and white light from a retro reflective plate displaying a distinguishing sign in accordance with Council Regulation ( EC ) No. 2411/98 ;
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions.
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
26th February 2001


text:
Citation and commencement
1
This Order may be cited as the Kingston and District Community National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trust
2
The Kingston and District Community National Health Service Trust established by the Kingston and District Community National Health Service (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the High Peak and Dales Primary Care Trust (Establishment) Order 2001 and shall come into force on 16th November 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the High Peak and Dales Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 16th November 2001 a Primary Care Trust to be called the High Peak and Dales Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The North Derbyshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Derbyshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Chesterfield and North Derbyshire Royal Hospital National Health Service Trust shall make facilities and staff of the NHS trust available to the trust during the preparatory period.
5
The Community Health Care Service (North Derbyshire) National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
5th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Domestic Passenger Ships) (Safety Management Code) Regulations 2001 and shall come into force on 1st November 2001.
Interpretation
2
In these Regulations:
“audit” means a systematic and independent examination to determine whether a safety management system is suitable to meet the objectives set out in the Safety Management Code for Domestic Passenger Ships, and, so far as the system is being operated, that the system is being implemented effectively;
“authorised person” means a surveyor of ships or person authorised by the Secretary of State to carry out audits and inspections for the purpose of these Regulations;
“Category A, B, C or D waters” means the waters specified as such in Merchant Shipping Notice No. 1758(M), and cognate expressions shall be construed accordingly;
“company”, in relation to a ship, means the owner or any other organisation or person such as the operator, manager, or bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;
“Domestic Ship Safety Management Certificate” means a certificate issued by the Maritime and Coastguard Agency in accordance with these Regulations, and “valid Domestic Ship Safety Management Certificate” means such a certificate which has not expired, or ceased to be valid in accordance with regulation 6(3) (or which having so ceased to be valid has subsequently been endorsed as valid in accordance with regulation 6(4)), and which is not suspended in accordance with regulation 9(3);
“favourable weather” means fine, clear settled weather with a sea state such as to cause only moderate rolling and/or pitching;
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport, Local Government and the Regions;
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, and includes a reference to any such document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time;
“passenger” means any person carried in a ship except —
a person employed or engaged in any capacity on board the ship on the business of the ship,
a person on board the ship either in pursuance of the obligation laid upon the master to carry shipwrecked, distressed or other persons, or by reasons of any circumstances that neither the master nor the company could have prevented, and
a child under one year of age;
“passenger certificate” means a certificate issued pursuant to regulation 11 of the Merchant Shipping (Survey and Certification) Regulations 1995
“passenger ship” means a ship carrying more than 12 passengers and propelled by electricity or other mechanical power;
“restricted period” means a period falling wholly within the following limits;
from 1st April to 31st October, both dates inclusive, and
between one hour before sunrise and one hour after sunset in the case of ships fitted with navigation lights conforming to the Merchant Shipping (Distress Signals and Prevention of Collisions) Regulations 1996 and between sunrise and sunset in the case of any other ships;
“Safety Management Code for Domestic Passenger Ships” means the Safety Management Code for Small Vessels set out in Merchant Shipping Notice No. 1754(M);
“safety management system” means a structured and documented system enabling the company’s personnel effectively to implement the company’s safety and environmental protection policy;
“sea” does not include any waters of Category A, B, C or D;
“voyage” includes an excursion.
Application
3
1
These Regulations apply to passenger ships, other than ships engaged on international voyages, which are of the classes numbered in column 1 below which have the descriptions set out in column 2 below:
Class III Ships engaged only on voyages in the course of which they are at no time more than 70 miles by sea from their point of departure nor more than 18 miles from the coast of the United Kingdom, and which are at sea only in favourable weather and during restricted periods Class IV Ships engaged only on voyages in Category A, B, C or D waters Class V Ships engaged only on voyages in Category A, B or C waters Class VI Ships engaged only on voyages, carrying not more than 250 passengers, to sea or in Category A, B, C or D waters, in all cases in favourable weather and during restricted periods, in the course of which the ships are at no time more than 15 miles, exclusive of any Category A, B, C or D waters, from their point of departure nor more than 3 miles from land Class VI(A) Ships carrying not more than 50 passengers for a distance of not more than 6 miles on voyages to or from isolated communities on the islands or coast of the United Kingdom and which do not proceed for a distance of more than 3 miles from land
2
These Regulations do not apply to those companies and ships to which Council Regulation ( EC ) No. 3051/95 on the safety management of roll-on/roll-off passenger ferries (ro-ro ferries) applies.
Exemptions
4
1
The Secretary of State may grant exemptions from all or any of the provisions of these Regulations (as may be specified in the exemption) for individual cases or classes of case on such terms (if any) as he may specify, if he is satisfied that:
a
compliance with such provision is either impracticable or unreasonable in that case or cases, and
b
the exemption is subject to such conditions and limitations as will provide a level of safety equivalent to that provided by the provision or provisions from which exemption is being granted.
2
The Secretary of State may, on giving reasonable notice, alter or cancel any exemption granted under paragraph (1) above.
General duty to comply with Safety Management Code
5
A company shall comply with the requirements of the Safety Management Code for Domestic Passenger Ships as it applies to that company and to any ship owned by it or for which it has operational responsibility.
Domestic Ship Safety Management Certificate
6
1
From the first date on or after 1st November 2001 on which a passenger certificate is issued in relation to a ship, the company owning the ship or having operational responsibility for it shall hold in relation to that ship a valid Domestic Ship Safety Management Certificate.
2
Where an authorised person has audited the safety management system for a ship and is satisfied that the safety management system for the ship is suitable to meet the objectives set out in Merchant Shipping Notice 1754(M) and, so far as the system is being operated, is being implemented effectively, the Maritime and Coastguard Agency may issue a Domestic Ship Safety Management Certificate which, subject to paragraph (3) and to regulation 9(3), shall be valid until the expiry of the ship’s passenger certificate.
3
A Domestic Ship Safety Management Certificate shall cease to be valid:
a
if an authorised person has not, within the period between three and six months after the issuing of the ship’s Domestic Ship Safety Management Certificate, audited the safety management system of the ship, or
b
if an authorised person who audits the safety management system of the ship in accordance with paragraph (a) is not satisfied that it is being implemented effectively.
4
Where a Domestic Ship Safety Management Certificate has ceased to be valid in accordance with paragraph (3), the Maritime and Coastguard Agency may endorse it as valid until the expiry of the ship’s passenger certificate if an authorised person who audits the safety management system of the ship after the Certificate has ceased to be valid is satisfied that the safety management system is being implemented effectively.
5
A company shall ensure that a valid Domestic Ship Safety Management Certificate held in relation to the ship is carried on board each ship owned by it or for which it has operational responsibility.
Duties of the master
7
The master of a ship shall operate that ship in accordance with the safety management system on the basis of which the Domestic Ship Safety Management Certificate was issued in relation to the ship.
Designated person
8
1
A company shall in relation to each ship owned by it or for which it has operational responsibility designate a person who shall be responsible for monitoring the safe operation of the ship and, so far as it may affect safety, the efficient operation of the ship.
2
In particular, the designated person shall —
a
take such steps as are necessary to ensure compliance with the safety management system on the basis of which the Domestic Ship Safety Management Certificate was issued in relation to the ship, and
b
ensure that proper provision is made for the ship to be adequately manned, equipped and maintained, so that it is fit to operate in accordance with that safety management system and with any enactment relating to safety applicable to the ship.
3
The company shall ensure that a designated person —
a
is provided with sufficient authority and resources, and
b
has appropriate knowledge and sufficient experience of the operation of ships,
to enable him to comply with his responsibilities under paragraphs (1) and (2).
Enforcement
9
1
An authorised person:
a
may inspect a safety management system on the basis of which a Domestic Ship Safety Management Certificate has been issued,
b
may inspect a ship for the purpose of seeing that these Regulations are complied with.
2
An authorised person exercising functions under this regulation shall have the powers conferred on an inspector by section 259 of the Merchant Shipping Act 1995.
3
Where an authorised person considers that a ship, notwithstanding that a Domestic Ship Safety Management Certificate is in force in relation to that ship, is unable to operate without creating a risk of serious danger to safety of life, the Secretary of State may suspend the Domestic Ship Safety Management Certificate of that ship until such time as any risk is removed.
4
Where a Domestic Ship Safety Management Certificate is to be suspended in accordance with paragraph (3) the Secretary of State shall serve on the company a notice:
a
stating that the Certificate shall be suspended, and
b
containing the grounds for the suspension.
5
A notice under paragraph (4) shall not be given unless the company has been given the opportunity to make representations, except where the Secretary of State considers that urgent safety considerations require the notice to be given immediately.
6
If an authorised person is satisfied on inspecting a ship that there is a failure to comply with a requirement of regulation 5 or 6 in relation to that ship he may detain the ship.
7
In any case where a ship is liable to be detained, section 284 of the Merchant Shipping Act 1995 (which relates to the detention of the ship) shall have effect in relation to the ship subject to the modification that for the words “this Act”, wherever they appear, there shall be substituted the words “the Merchant Shipping (Domestic Passenger Vessels) (Safety Management Code) Regulations 2001”.
8
Where a ship is detained in relation to a failure to comply with a requirement of regulation 5 or 6, sections 96 and 97 of the Merchant Shipping Act 1995 shall apply to the notice of detention as they apply to a detention notice under section 95 of that Act, and as if for references to the ship being dangerously unsafe there were substituted references to there having been a failure to comply with either of those Regulations.
Offences and penalties
10
1
Any contravention of these regulations shall be an offence punishable on summary conviction by a fine not exceeding the statutory maximum, or on conviction on indictment by imprisonment for a term not exceeding 2 years, or a fine, or both.
2
A person who —
a
intentionally alters a Domestic Ship Safety Management Certificate,
b
in connection with any adult conducted in accordance with these Regulations knowingly or recklessly furnishes false information,
c
with intent to deceive uses, lends or allows to be used by another, a Domestic Ship Safety Management Certificate, or
d
in Scotland forges any Domestic Ship Safety Management Certificate,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum, or on conviction on indictment to imprisonment for a term not exceeding 2 years, or a fine or both.
3
It shall be a defence for a person charged with an offence under the Regulations to show that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
Amendments to 1997 Regulations
11
Regulation 5 of the Merchant Shipping (ISM Code) (Ro-Ro Passenger Ferries) Regulations 1997 shall be amended by the insertion after paragraph (1) of the following paragraphs:
1A
Any such notice shall contain grounds for the suspension or cancellation of the certificate.
1B
A notice shall not be given unless the holder has been given the opportunity to make representations, except where the Secretary of State considers that urgent safety or pollution prevention considerations require the notice to be given immediately.
Amendments to 1998 Regulations
12
1
The Merchant Shipping (International Safety Management (ISM) Code) Regulations 1998 shall be amended as follows.
2
In regulation 16(1)(b):
a
for the word “ships” where it first appears there shall be substituted the words “a ship, ships or deliver a service”, and
b
for the word “ships” where it next appears there shall be substituted the words “a ship, ships or service offered”.
3
In regulation 16(1)(c), before the word “service” each time it appears there shall be inserted the words “ship, ships or”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
19th September 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts) (Amendment No. 2) (England) Order 2001 and shall come into force on 21st January 2002.
2
This Order extends to England only.
Amendment of Order
2
In article 2(a) of the Disabled Facilities Grants and Home Repair Assistance (Maximum Amounts) Order 1996 for “£20,000” substitute “ £25,000”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Lord Falconer
Minister of State,
Department for Transport, Local Government and the Regions
19th December 2001


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Code of Practice for Authorised Officers) Order 2001 and shall come into force on 19th February 2001.
Code of practice
2
The code of practice in connection with the exercise of functions conferred on authorised officers (within the meaning given by section 24 of the Act) by virtue of the Act, which was laid before Parliament in draft on 15th January 2001, shall come into operation on 19th February 2001.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
15th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Dudley South Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st November 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Dudley South Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 21st November 2001 a Primary Care Trust to be called the Dudley South Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Dudley Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Dudley Priority National Health Service Trust shall make premises of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
11th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Meaning of “Policy” and “Policyholder”) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
2
In this Order, “contract of insurance” has the meaning given by article 3 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Meaning of “policy”
2
For the purposes of section 424(2) of the Act, “policy” means, as the context requires,
a
a contract of insurance, including one under which an existing liability has already accrued, or
b
any instrument evidencing such a contract.
Meaning of “policyholder”
3
For the purposes of section 424(2) of the Act, “policyholder” means the person who for the time being is the legal holder of the policy, and includes any person to whom, under the policy, a sum is due, a periodic payment is payable or any other benefit is to be provided or to whom such a sum, payment or benefit is contingently due, payable or to be provided.
Nick Ainger
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd July 2001