text:
Citation and commencement
1
1
This Order may be cited as the Fowey Harbour Revision Order 2001 and shall come into force on 18th June 2001.
2
The Fowey Harbour Orders 1937 to 1980 and this Order may be cited together as the Fowey Harbour Orders 1937 to 2001.
Incorporation of provisions of the Commissioners Clauses Act 1847
2
Sections 15, 48, 53, 56, 58 to 60, 62 to 65, 67, 69 to 83, 85 to 88 and 96 to 111 of the Commissioners Clauses Act 1847 (so far as applicable and not inconsistent with the Fowey Harbour Orders 1937 to 2001) shall be incorporated with this Order.
Interpretation
3
In this Order —
“appointing body” means the Commissioners or the Restormel Borough Council;
“the Commissioners” means the Fowey Harbour Commissioners;
“the new constitution date” means 1st September 2001.
Constitution of Commissioners
4
1
On and after the new constitution date, the Commissioners shall consist of —
a
six appointed by the Commissioners;
b
three appointed by Restormel Borough Council after consulting with Cornwall County Council, Caradon District Council, Fowey Town Council, Lanteglos Parish Council, Lostwithiel Town Council, St. Sampson Parish Council, St. Veep Parish Council and St. Winnow Parish Council; and
c
the Chief Executive for the time being of the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) and (b) above shall be a person who appears to the Commissioners or the Restormel Borough Council to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
commerce;
b
maritime activities;
c
health and safety;
d
management;
e
public relations and community issues;
f
industrial relations;
g
shipping, fishing or cargo handling;
h
accountancy or financial management;
i
boating and other water related leisure activities;
j
environmental matters affecting harbours; and
k
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and each appointing body shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) or (b) above or article 8 below, each appointing body shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) or (b) above shall be made on, or as soon as reasonably practicable after, 18th June 2001.
2
The Commissioners shall appoint the persons who are, at the date when they make the first appointments under paragraph (1) above, the chairman and vice-chairman of the Commissioners to be two of the first of such appointed Commissioners and they shall hold office as Commissioners from the new constitution date until 30th April 2004; and on and after the new constitution date shall be the chairman and vice-chairman respectively of the Commissioners.
3
Of the remaining first such Commissioners appointed by the Commissioners —
a
two shall hold office from the new constitution date until 30th April 2002;
b
two shall hold office from the new constitution date until 30th April 2003;
as the Commissioners shall specify when they make each of those appointments.
4
Of the Commissioners appointed by Restormel Borough Council —
a
one shall hold office from the new constitution date until 30th April 2002;
b
one shall hold office from the new constitution date until 30th April 2003;
c
one shall hold office from the new constitution date until 30th April 2004;
as the Council shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) or (b) above (other than a Commissioner appointed under article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st May next following his appointment.
Declaration to be made by Commissioners
7
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
8
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners or the Restormel Borough Council shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners or the Council (as the case may be) in accordance with article 4(2) and (3) above and, in the case of an appointment by the Council, after consulting in accordance with article 4(1)(b) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
9
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from the meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months,
whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
10
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
11
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
12
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
b
send a copy of the statement to the Restormel Borough Council.
Borrowing powers
13
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding two million pounds (or that sum as adjusted in accordance with article 15 below); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
14
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed two hundred and fifty thousand pounds (or that sum as adjusted in accordance with article 15 below).
RPI adjustment of borrowing limits
15
1
On each anniversary of the new constitution date the sums mentioned in articles 13(1)(a) and 14 above shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Consultative bodies
16
1
The Commissioners shall establish one or more consultative body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall make arrangements for every such consultative body to meet not less than twice a year.
3
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such a consultative body whether or not that consultative body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
4
The consultative body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate.
5
Appointments to a consultative body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
6
Any such consultative body may determine its own quorum and procedure and shall appoint a chairman.
7
An individual member of any such consultative body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
8
A member of such a consultative body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
9
A member of such a consultative body may resign his office at any time by notice in writing given to the chairman of the Commissioners.
10
In this article “the harbour” has the meaning given in section 3 of the Fowey Harbour Order 1937 .
Repeals
17
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division
Department for Transport, Local Government and the Regions
14th June 2001


type: legislation

jurisdiction: UK

text:
PART I
GENERAL PROVISIONS
Citation and commencement
1
These rules may be cited as the Proscribed Organisations Appeal Commission (Procedure) Rules 2001 and shall come into force on 19th February 2001.
Interpretation
2
1
In these Rules —
“the 2000 Act ” means the Terrorism Act 2000;
“ the chairman ” means the chairman of the Commission ;
“the Commission” means the Proscribed Organisations Appeal Commission;
“designated person” means the person designated by the Commission under rule 9(1)(a); and
“the special advocate” means a person appointed under paragraph 7 of Schedule 3 to the 2000 Act to represent the interests of the appellant.
2
Except in rules 8, 10(1) and 20 and except in relation to the first reference to it in rule 10(4), “appellant” includes the designated person.
General duty of Commission
3
1
When exercising its functions, the Commission shall secure that information is not disclosed contrary to the interests of national security, the international relations of the United Kingdom, the detection and prevention of crime, or in any other circumstances where disclosure is contrary to the public interest.
2
Where the Rules require information not to be disclosed contrary to the public interest, the requirement shall be construed in accordance with paragraph (1).
3
Subject to paragraphs (1) and (2), the Commission must satisfy itself that the material available to it enables it properly to review decisions.
Delegated powers
4
1
The powers of the Commission under the following provisions may be exercised by the chairman or by any other member of the Commission who falls within paragraph 4(3)(b) of Schedule 3 to the 2000 Act —
a
rule 13(2) and (4) (amendment and supplementary grounds);
b
rule 15 (directions);
c
rule 27 (application for permission to appeal).
2
Instead of exercising a power under paragraph (1), the chairman or member may remit the matter to be dealt with by the Commission.
3
Where the chairman or member exercises any power of the Commission, references to the Commission in the Rules shall as appropriate include references to him.
Notices etc.
5
1
Any notice or other document required or authorised by these Rules to be served on or sent to any party or the Commission may be sent by first class post, or by fax or be delivered by hand, and in the case of —
a
the Commission, shall be directed to the Secretary to the Commission; and
b
the Secretary of State, shall be directed to the Organised and International Crime Directorate of the Home Office.
2
The appellant must inform the Commission if an address given under rule 8(5) or (7) changes.
PART II
APPEALS
Application of Part II
6
1
This Part applies to appeals brought under section 5 of the 2000 Act and proceedings under section 7(1)(a) of the Human Rights Act 1998 , where rules within the meaning of section 7 of that Act provide for such proceedings to be brought before the Commission.
2
A reference in this Part to an appeal is a reference to an appeal under section 5 of the 2000 Act or proceedings under section 7(1)(a) of the Human Rights Act 1998 and where proceedings are brought under that Act a reference in this Part to a notice of appeal is a reference to a notice of proceedings.
Time limit for appealing
7
1
Subject to paragraph (3) a notice of appeal must be served on the Commission no later than 42 days from (but excluding) the day on which the Secretary of State refused to deproscribe an organisation.
2
The notice of appeal shall be taken to have been served on the day on which it is received by the Commission at the address or fax number specified in the notice of the decision against which the appeal is made.
3
The Commission may accept a notice of appeal served after the expiry of the period permitted by paragraph (1) if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
Notice of appeal
8
1
An appeal to the Commission is made by serving written notice of appeal on the Commission.
2
Where an organisation is the appellant, the notice must be given by a person who claims to be a member of the organisation or any legal representative of the organisation.
3
Where a person other than an organisation is the appellant, the notice must be given by him or by his representative.
4
The notice of appeal must set out the grounds for the appeal and where proceedings are brought under section 7(1)(a) of the Human Rights Act 1998, the notice of appeal must give details of the Convention right which is alleged has been infringed.
5
Where an organisation is the appellant, the notice of appeal must state the name of the organisation, the name and address of the person giving the notice and, where the organisation’s legal representative is not the person giving the notice, the name and address of any legal representative of the organisation.
6
Notice of appeal in a case within paragraph (5) must be signed by the person giving the notice or the organisation’s legal representative.
7
Where a person other than an organisation is the appellant, the notice of appeal must state his name and address and that of any representative of his.
8
Notice of appeal in a case within paragraph (7) must be signed by the appellant or his representative.
9
The person giving the notice must attach to the notice a copy of the document which informed the appellant of the decision being appealed.
10
As soon as practicable after it receives a notice of appeal, the Commission shall send —
a
an acknowledgement of service of the notice of appeal to the person giving the notice; and
b
a copy of the notice of appeal to the Secretary of State.
Designated persons
9
1
As soon as practicable after it has received a notice of appeal by an organisation, the Commission shall —
a
designate a person to conduct the proceedings on behalf of the organisation; and
b
send that person a copy of the notice of appeal.
2
The Commission shall give written notice to the Secretary of State of the name and address of the designated person.
The special advocate
10
1
On receiving a copy of the notice of appeal, the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
2
Paragraph (1) applies unless —
a
the Secretary of State does not intend to oppose the appeal, or
b
he does not intend to object to the disclosure of material to the appellant.
3
If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
4
The function of the special advocate is to represent the interests of the appellant by —
a
making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
b
cross-examining witnesses at any such proceedings;
c
making submissions to the Commission in any part of the proceedings from which the appellant and his representative are not excluded but only where exceptionally invited by the Commission to do so; and
d
making written submissions to the Commission.
5
The Commission shall not invite the special advocate to make submissions in any part of the proceedings from which the appellant and his representative are not excluded unless the submission relates to a part of the proceedings from which the appellant and his representative were excluded.
6
Except in accordance with paragraphs (7) to (10), the special advocate may not communicate directly or indirectly with the appellant or his representative on, or in relation to, any matter connected with the substance of the appeal before the Commission or the material made available by the Secretary of State in relation to that appeal.
7
The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 11(3).
8
At any time after the Secretary of State has made material available under rule 11(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
9
The Commission shall notify the Secretary of State of a request for directions under paragraph (8) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
10
Where the Secretary of State makes an objection under paragraph (9), rule 12 shall apply as appropriate.
Secretary of State’s reply
11
1
If the Secretary of State intends to oppose the appeal, he must within such time as the Commission may allow —
a
provide the Commission with a summary of the facts relating to the decision being appealed and the reasons for that decision;
b
inform the Commission of the grounds on which he opposes the appeal;
c
provide the Commission with a statement of the evidence which he relies upon in support of those grounds; and
d
identify to the Commission any such evidence or other material disclosure of which would be unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 .
2
Where the Secretary of State objects to material referred to in paragraph (1) being disclosed to the appellant or his representative, he must also —
a
state the reasons for his objection; and
b
if and to the extent it is possible to do so without making a disclosure which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest, provide a statement of that material in a form which can be shown to the appellant.
3
Where paragraph (2) applies, the Secretary of State must make available to the special advocate, as soon as it is practicable to do so, the material which he has provided to the Commission under paragraphs (1) and (2).
Consideration of Secretary of State’s objection
12
1
Proceedings under this rule shall take place in the absence of the appellant and his representative.
2
The Commission shall decide whether to uphold the Secretary of State’s objection and, where relevant, whether to require him to provide material in a different form from that in which he has provided it under rule 11(2)(b).
3
Before doing so, it must invite the special advocate to make written representations.
4
After considering representations made under paragraph (3), the Commission must invite the Secretary of State and the special advocate to make oral representations unless paragraph (5) applies.
5
This paragraph applies if the Commission decides, after considering representations under paragraph (3), to uphold the Secretary of State’s objection and where relevant not to require him to provide material in a different form from that in which he has provided it under rule 11(2)(b).
6
Where —
a
the Commission overrules the Secretary of State’s objection or requires him to provide material in a different form from that which he has provided under rule 11(2)(b), and
b
the Secretary of State wishes to continue to oppose the appeal,
he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely upon it in further opposing the appeal.
Amendment and supplementary grounds
13
1
Subject to paragraph (2) the appellant may amend the notice of appeal or deliver supplementary grounds of appeal.
2
Where the Secretary of State has provided material under rule 11, the appellant shall obtain the permission of the Commission before amending the notice of appeal or delivering supplementary grounds under paragraph (1).
3
Rule 8(10)(b) applies to an amended notice of appeal and to supplementary grounds of appeal delivered under paragraph (1).
4
With the permission of the Commission, the Secretary of State may amend or supplement the material which he has provided under rule 11.
5
Where the Secretary of State provides further objections under paragraph (4), the Commission shall consider them in accordance with rule 12.
Consolidation of appeals
14
1
Subject to paragraph (2) below, where in the case of two or more appeals to which these Rules apply it appears to the Commission —
a
that some common question of law or fact arises in both or all of them, or
b
that for some other reason it is desirable to proceed with the appeals under this rule,
the Commission may order that the appeals be consolidated or heard together.
2
The Commission shall not make an order under this rule without giving the parties an opportunity to make representations to the effect that such an order should not be made.
Directions
15
1
Subject to any decision which it makes under rule 12 and the need to secure that there is no disclosure of information which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest, the Commission may give directions for the conduct of proceedings.
2
Directions may in particular —
a
provide for a particular matter to be dealt with as a preliminary issue and for a pre-hearing review to be held;
b
limit the length of oral submissions and the time allowed for the examination and cross-examination of witnesses; and
c
require any party to the appeal to give to the Commission —
i
statements of facts and statements of the evidence which will be called at any hearing, including such statements provided in a modified or edited form;
ii
a skeleton argument which summarises the submissions which will be made and cites all the authorities which will be relied upon, identifying any particular passages to be relied upon;
iii
an estimate of the time which will be needed for any hearing;
iv
a list of the witnesses who will be called to give evidence;
v
a chronology of events;
vi
a statement of any interpretation requirements,
and to serve any such material on the other parties to the appeal.
3
The Commission may —
a
subject to any specific provision of the Rules, specify time limits for steps to be taken in the proceedings; and
b
extend any time limit.
4
The power to give directions may be exercised in the absence of the parties.
Failure to comply with directions
16
1
Where a party fails to comply with a direction, the Commission may send that party a notice which states —
a
the respect in which he has failed to comply with the relevant direction;
b
the time limit for complying with the direction; and
c
that the Commisson may proceed to determine the appeal on the material available to it if the party fails to comply with the relevant direction within the time specified.
2
Where the party in default fails to comply with the notice under paragraph (1), the Commisson may proceed in accordance with paragraph (1)(c).
Applications by Secretary of State
17
1
This rule applies to the notification to the appellant by the Commission of —
a
any order or direction made or given in the absence of the Secretary of State,
b
any summary prepared under rule 24, and
c
its determination under rule 25.
2
Before the Commission notifies the appellant as mentioned in paragraph (1), it must first notify the Secretary of State.
3
If the Secretary of State considers that compliance by him with an order or direction or notification to the appellant of any matter under paragraph (1) would result in a disclosure of information which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest, he may apply to the Commission to reconsider the order or direction or to review the proposed summary of determination.
4
At the same time as he makes his application, or as soon as practicable afterwards, the Secretary of State must send a copy of it to the special advocate.
5
An application by the Secretary of State must be made within 14 days of receipt of notification under paragraph (2), and the Commission shall not notify the appellant as mentioned in paragraph (1) before the time for applying has expired.
6
Rule 12 shall apply as appropriate to the Commission’s consideration of the Secretary of State’s application.
Notification of hearing
18
The Secretary to the Commission must send notice of the date, time and place fixed for any hearing to the special advocate and every party entitled to attend that hearing.
Parties
19
The parties to an appeal shall be the appellant and the Secretary of State.
Representation of parties
20
1
Where the appellant is not an organisation, he may act in person or be represented or appear by —
a
a person having a qualification referred to in paragraph 7(3) of Schedule 3 to the 2000 Act; or
b
with the permission of the Commission, any other person.
2
Where the appellant is an organisation, the designated person may act in person or be represented or appear by a person described in paragraph (1)(a).
3
The Secretary of State may be represented by any person appointed by him for that purpose.
Proceedings in private
21
1
Where the Commission considers it necessary for the appellant and his representative to be excluded from the proceedings or any part of them in order to secure that there is no disclosure of information which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest, it must —
a
direct accordingly, and
b
hear the proceedings, or that part of it from which the appellant and his representative are excluded, in private.
2
The Commission may hear the proceedings or part of them in private for any other good reason.
Evidence
22
1
In any proceedings on an appeal, the evidence of witnesses may be given either —
a
orally, before the Commission, or
b
in writing, in which case it shall be given in such a manner and at such time as the Commission has directed.
2
The Commission may also receive evidence in documentary or any other form.
3
The Commission may receive evidence that would not be admissible in a court of law.
4
No person shall be compelled to give evidence or produce a document which he could not be compelled to give or produce on the trial of an action in the part of the United Kingdom in which the proceedings before the Commission are taking place.
5
Every party shall be entitled to adduce evidence and to cross-examine witnesses during any part of the hearing of the appeal from which he and his representative are not excluded.
6
The Commission may require a witness to give evidence on oath.
Summoning of witnesses
23
1
Subject to rules 3 and 22(4) and paragraph (2) of this rule, the Commission may require any person in the United Kingdom to attend as a witness at any proceedings before the Commission and to answer any questions or produce any documents in his custody or under his control which relate to any matter in question in the appeal.
2
No person shall be required to travel more than 16 kilometres from his place of residence unless the necessary expenses of his attendance are paid or tendered to him.
3
Where a party requests the attendance of a witness, that party must pay or tender those expenses.
Notification to appellant before determination
24
1
Where the appellant or his representative have been excluded from the hearing of the appeal or any part of it, the Commission must, before it determines the appeal, give the appellant a summary of the submissions and evidence received in his absence if and to the extent it is possible to do so without making a disclosure which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest.
2
Where the Commission provides such a summary, it shall afford the special advocate and the parties an opportunity to make representations and adduce evidence or further evidence to the Commission in respect of the material contained in it.
Promulgation of determination
25
1
The Commission must record its determination and, if and to the extent it is possible to do so without making a disclosure which is unauthorised by virtue of section 18(2)(b) of the Regulation of Investigatory Powers Act 2000 or which is contrary to the public interest, the reasons for it.
2
The Commission shall publish its determination and send written notice of it to the special advocate and the parties.
PART III
PERMISSION TO APPEAL FROM COMMISSION
Application of Part III
26
This Part applies to applications for permission to appeal, on a question of law, to the Court of Appeal, the Court of Session or the Court of Appeal in Northern Ireland, as the case may be, from a determination of an appeal, brought under section 5 of the 2000 Act, or proceedings, brought under section 7(1)(a) of the Human Rights Act 1998, by the Commission.
Application of permission to appeal
27
1
Subject to paragraph (3), an application to the Commission for permission to appeal shall be served on the Commission no later than 10 days from (but excluding) the day on which the appellant or, as appropriate, the Secretary of State has received written notice of the determination.
2
The application shall be taken to have been served on the day on which it is received by the Commission at the address or fax number specified in the notice of the determination.
3
The Commission may accept an application served after the expiry of the period permitted by paragraph (1) if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
4
The Commission may decide an application for permission without a hearing unless it considers there are special circumstances which make a hearing necessary or desirable.
Irvine of Lairg, C.
Dated 16th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Benefits Up-rating Regulations 2001 and shall come into force on 9th April 2001.
2
In these Regulations —
“the Administration Act ” means the Social Security Administration Act 1992; and
“the Up-rating Order ” means the Social Security Benefits Up-rating ( No. 2) Order 2000 .
Exceptions relating to payment of additional benefit under awards made before the commencing date
2
Section 155(3) of the Administration Act (effect of alteration of rates of benefit under Parts II to V of the Contributions and Benefits Act) shall not apply if a question arises as to either —
a
the weekly rate at which the benefit is payable by virtue of the Up-rating Order, or
b
whether the conditions for receipt of the benefit at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of the Administration Act.
Persons not ordinarily resident in Great Britain
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of the Up-rating Order.
Amendment of the Social Security (General Benefit) Regulations 1982
4
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level for the purpose of unemployability supplement) for the sum of “£3,094” substitute the sum of “£3,146”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
5
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum of “£59.50” substitute the sum of “£60.50”.
Amendment of the Social Security (Incapacity for Work) (General) Regulations 1995
6
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (weekly limit in relation to exempt work) for the sum of “£59.50” substitute the sum of “£60.50”.
Amendment of the Social Security Benefit (Dependency) Regulations 1977
7
In paragraph 2B of Schedule 2 to the Social Security Benefit (Dependency) Regulations 1977 (increase of invalid care allowance for child dependants) —
a
for the sum of “£145” in both places where it occurs, substitute the sum of “£150”; and
b
for the sum of “£19” substitute the sum of “£20”.
Revocations
8
The Social Security Benefits Up-rating Regulations 1999 (to the extent that they remain in force), the Social Security Benefits Up-rating Regulations 2000 , the Social Security Benefits Up-rating and Miscellaneous Increases Regulations 2000 and the Social Security (Therapeutic Earnings Limits) Amendments Regulations 2000 are hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
12th March 2001


text:
Citation, commencement, interpretation and extent
1
1
This Order may be cited as the National Health Service (Charges for Drugs and Appliances) (Electronic Communications) Order 2001 and shall come into force on 11th September 2001.
2
In this Order, “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
3
This Order extends to England only .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 (interpretation) of the principal Regulations is amended as follows.
2
In regulation 2(1) —
a
in the appropriate alphabetical position, insert —
“the 2000 Act ” means the Electronic Communications Act 2000;
,
“electronic communication” has the same meaning as in section 15 of the 2000 Act;
,
“electronic signature” has the same meaning as in section 7 of the 2000 Act;
;
b
in the definition of “prescription form”, after “means” insert “, subject to regulation 2A,”.
3
After regulation 2, insert —
2A
1
In these Regulations, where the conditions set out in paragraph (2) are met, the term “prescription form” includes data that —
a
are created in an electronic form and signed with an electronic signature and are transmitted as an electronic communication;
b
are created in an electronic form and signed with an electronic signature, where both the data and the signature are entered on the prescription form in a non-legible manner;
c
are created in writing and signed with an electronic signature which is entered on the prescription form in a non-legible manner; or
d
are created in an electronic form and entered on the prescription form in a non-legible manner, and signed in ink.
2
The conditions are: —
a
that the prescription is an order for a drug or appliance and is issued by a doctor in connection with the provision of general medical services or personal medical services;
b
that the order is not for an oxygen concentrator; and
c
that the Secretary of State is satisfied that —
i
the use of electronic means in order to create, sign and transmit prescriptions (or whichever of those purposes is applicable) is appropriate for the purposes of a pilot scheme on the use of electronic prescribing in relation to the doctor and, where relevant, the chemist and the premises at which the prescription is dispensed; and
ii
the particular electronic means used by the doctor and, where relevant, the chemist concerned are suitable for the purposes of such a pilot scheme.
.
Amendment of regulation 3 of the principal Regulations
3
In regulation 3 of the principal Regulations (supply of drugs and appliances by chemists): —
a
in paragraph (2) the following words shall be added at the end of the paragraph —
“or, in cases falling within regulation 2A above, provide such a declaration in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing.”; and
in paragraphs (3)(a) and (3)(b) the words “on the prescription form” shall be deleted and the following words added at the end of each paragraph —
“either on the prescription form or, in cases falling within regulation 2A above, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing;”.
Amendment of regulation 4 of the principal Regulations
4
In regulation 4 of the principal Regulations (supply of drugs and appliances by doctors): —
a
in paragraph (2) the following words shall be added at the end of the paragraph —
“or, in cases falling within regulation 2A above, provide such a declaration in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing.”; and
in paragraphs (3)(a) and (3)(b) the words “on the prescription form” shall be deleted and the following words added at the end of each paragraph —
“either on the prescription form or, in cases falling within regulation 2A above, in such other written or alternative form as the Secretary of State is satisfied is suitable for the purposes of a pilot scheme on the use of electronic prescribing;”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
20th August 2001


text:
Citation and commencement
1
This Order may be cited as the Transport Act 2000 (Consequential Amendments) Order 2001 and shall come into force on 21st December 2001.
Consequential amendments
2
The enactments specified in the Schedule hereto are hereby amended as specified in that Schedule.
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
20th December 2001


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.8) Order 2001.
2
In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.
Appointed days
2
1
2nd April 2001 is the day appointed for the coming into force of —
a
section 67 and Schedule 6 (social security investigation powers), so far as not already in force;
b
sub-paragraphs (1) and (3) of paragraph 13 of Schedule 3 (by virtue of which section 24 of the Child Support Act 1995 , which is now spent, ceases to have effect), and section 26 so far as it relates to those sub-paragraphs;
c
paragraph 11 of Schedule 5 (conditions of payment of surplus out of funds of an occupational pension scheme to employer), and section 56 so far as it relates to that paragraph;
d
Part I of Schedule 9 (repeals and revocations — child support provisions) so far as it relates to —
i
the repeals in section 15(10) of the Child Support Act 1991 ,
ii
the repeal of section 40(1) and (2) of that Act, of section 24 of the Child Support Act 1995 and of paragraph 28 of Schedule 7 to the Social Security Act 1998 , and
iii
the revocation in the Social Security Act 1998 (Commencement No.2) Order 1998 ; and
e
Part VI of Schedule 9 (repeals — investigation powers).
2
2nd July 2001 is the day appointed for the coming into force of the following provisions so far as not already in force: —
a
in Schedule 7 (housing benefit and council tax benefit: revisions and appeals) —
i
paragraphs 1 to 16,
ii
paragraph 18, except for sub-paragraph (2)(b),
iii
paragraphs 19 to 21,
iv
except for the purposes specified in paragraph (3) below, paragraph 22(1), and
v
paragraphs 22(2) and (3) and 23,
and section 68 so far as it relates thereto;
b
section 69 (discretionary financial assistance with housing); and
c
except for the purposes specified in paragraph (3) below, Part VII of Schedule 9 (repeals — housing benefit and council tax benefit).
3
The purposes referred to in paragraph (2)(a)(iv) and (c) above are where, pursuant to a request for a further review of a determination under section 34 of the Social Security Act 1998 relating to housing benefit or council tax benefit —
a
an oral hearing by a Review Board constituted under the Housing Benefit (General) Regulations 1987 or, as the case may be, the Council Tax Benefit (General) Regulations 1992 has been held and completed before 2nd July 2001, the purpose of enabling the Review Board on or after that date to record its decision, or to give or send its decision to persons likely to be affected by it; or
b
a decision on the further review has been given by such a Review Board, whether before, on or after that date —
i
the purpose of enabling the Review Board to correct any accidental error in the record of its decision,
ii
where proceedings are brought by way of judicial review in connection with that decision, the purpose of enabling the Review Board to participate in those proceedings or in any appeal arising out of those proceedings, or
iii
the purpose of giving effect to the Review Board’s decision.
Amendment of earlier Order
3
In article 2(5) of the Child Support, Pensions and Social Security Act 2000 (Commencement No.4) Order 2000 sub-paragraph (b) (which brings Part II of Schedule 5 into force on 1st June 2001 for all purposes other than that of authorising the making of regulations and orders) shall be omitted.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
28th March 2001


text:
Citation and commencement
1
This Order shall be cited as the New Addington Education Action Zone (Extension and Variation) Order 2001 and shall come into force on 1st September 2001.
Interpretation
2
In this Order —
“New Addington Education Action Zone” means the Education Action Zone established by the New Addington Education Action Zone Order 1998 .
Extension of the New Addington Education Action Zone
3
The New Addington Education Action Zone is extended for a further period of two years beginning with 1st September 2001.
Amendment of the New Addington Education Action Zone Order 1998
4
There shall be inserted after article 9 of the New Addington Education Action Zone Order 1998 the following article —
Removal from office by Forum
9A
A member of the Forum may be removed from office by the Forum in the following circumstances —
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to either article 4(a) or article 5, if that person ceases to be a governor at that zone school, or a governor of the relevant category as the case may be;
b
in the case of a member appointed pursuant to either article 4(a) or 5, if the school whose governing body appointed him, or to which he was connected, is discontinued;
c
in the case of a member appointed pursuant to article 4(c), if the body in question is dissolved or otherwise ceases to exist; and
d
in the case of a member appointed pursuant to article 5(2), if that person no longer appears to the Forum to represent the interests of either business, parents of pupils at zone schools, local statutory services, voluntary organisations, or the local community, as the case may be.
Variation of the New Addington Education Action Zone Order 1998
5
1
The New Addington Education Action Zone Order 1998 is varied as follows:
2
The words “one person” in article 4(c) are deleted and substituted with, “either one or two persons”;
3
After article 4(c) the following words are inserted, “4(d) the chair of the EAZ strategy group.”;
4
Articles 5(c) and 5(d) are deleted and the following words are substituted —
5
c
either three or four additional members from persons appearing to them to represent the interests of local statutory services, voluntary organisations, or the local community.
.
5
In Schedule 1 after “Croydon Education Business Partnership, 1 Wandle Way, Croydon, CR9 1HY” are added the following words:
Sainsburys, Registered No. 3261722 Allen & Overy Registered No. 2888048 Sodexho Registered No. 84846 Royal Mail Registered No. 3087786 HSBC Registered No. 14259 Promethean Registered No. 3140648 Mondial Assistance UK Registered No. 1710361 Philips Registered No. 446897 Weighhill Builders Registered No. 1490114 William M. Mercer Registered No. 984275 Posthouse Hotels Registered No. 3203484 RM Registered No. 1749877 American Life Insurance Registered No. FC002696 Abbey Life Registered No. 710383 Rohm and Haas Registered No. 312415 Marks and Spencer Registered No. 214436 Consignia Registered No. 4138203 Salisbury Print
Stephen Timms
Minister of State,
Department for Education and Skills
3rd August 2001


text:
Citation and commencement
1
This Order may be cited as the Criminal Defence Service (Funding) Order 2001 and shall come into force on 2nd April 2001.
Interpretation
2
In this Order:
“ the Act ” means the Access to Justice Act 1999;
“advocate” means a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society;
“appropriate category”, in relation to a Very High Cost Case, means the category to which the case is assigned in accordance with article 14;
“appropriate officer” means:
in the case of proceedings in the criminal division of the Court of Appeal, the registrar of criminal appeals (“the registrar”);
in the case of proceedings in the High Court, a Costs Judge;
in the case of proceedings in the Crown Court, an officer appointed by the Lord Chancellor;
in respect of advice or assistance as to an appeal from the Crown Court to the Court of Appeal, (except in the case of an appeal under section 9(11) of the Criminal Justice Act 1987 ) where, on the advice of any representative assigned, notice of appeal is given, or application for leave to appeal is made, whether or not such appeal is later abandoned, the registrar;
in respect of advice or assistance as to an appeal to the Courts-Martial Appeal Court, the registrar;
in respect of advice or assistance as to an appeal from the Court of Appeal to the House of Lords, where the appeal is not lodged with the House of Lords, the registrar; and
in any other case, the Commission
and, in any case, includes an officer designated by the appropriate officer to act on his behalf in that regard;
“ CDS Regulations ” means regulations made under Part I of the Act relating to the Criminal Defence Service;
“the Commission” means the Legal Services Commission established under section 1 of the Act;
“the Contract” means the General Criminal Contract, published by the Commission in February 2001;
“Costs Committee” means a committee appointed under arrangements made by the Commission to deal with, inter alia, applications for appeal against, or review of, assessments of costs;
“funded services” means services which are provided directly for a client and funded for that client as part of the Criminal Defence Service under sections 12 to 18 of the Act;
“a representation order” means a document granting a right to representation;
“a representative” means a solicitor or a barrister;
“ VAT ” means Value Added Tax; and
“a Very High Cost Case” is a case with regard to which:
if the case proceeds to trial, that trial would be likely to last for 25 days or longer; or
the defence costs with regard to any one defendant (or group of defendants represented by the same firm of solicitors) are likely to amount to £150,000 or greater (such sum to include the solicitor’s fees and disbursements, counsel’s fees, and VAT)
and any question as to whether a case fulfills the criteria in (a) or (b) above shall be decided by an officer appointed by the Lord Chancellor in a case which falls within article 6, and by the Commission in a case which falls within article 9.
Funding of services — Lord Chancellor
3
1
Except as provided in paragraph (2), the duty of the Commission under section 14(1) of the Act shall, until 4th April 2005, have effect as a duty of the Lord Chancellor in relation to representation in:
a
criminal proceedings in the House of Lords;
b
proceedings in the criminal division of the Court of Appeal; and
c
proceedings in the Crown Court.
2
Paragraph (1) does not apply to:
a
any proceedings in the Crown Court which are prescribed under section 12(2)(g) of the Act;
b
any Very High Cost Case which is the subject of an individual contract for the provision of funded services; or
c
any proceedings in which representation is provided by a person employed by the Commission for that purpose.
4
Other than where the case is remitted back to the magistrates' court, where a case is sent for trial to the Crown Court under section 51 of the Crime and Disorder Act 1998 , any fees in relation to work carried out in the magistrates' court shall be assessed and paid together with the Crown Court fees for that case.
5
Remuneration in respect of the proceedings mentioned in article 3(1) shall be in accordance with the provisions of Schedules 1 to 4.
6
Where representation is funded by the Lord Chancellor in a Very High Cost Case, remuneration shall be at rates no higher than those set out for the appropriate category and the appropriate level of fee earner in Schedule 5.
Funding of services — Legal Services Commission
7
The Commission may only fund services as part of the Criminal Defence Service under section 13(2)(b) or 14(2)(b) of the Act where representation is provided in proceedings referred to in section 12(2)(f) of the Act (proceedings for contempt in the face of a court).
8
Except as provided in article 9, where the Commission funds services as part of the Criminal Defence Service under section 13(2)(a) or 14(2)(a) of the Act, remuneration shall be at rates no higher than those set out in Part E of the Specification to the Contract.
9
Where services are provided in a Very High Cost Case which is the subject of an individual contract for the provision of funded services, remuneration for that case shall be at rates no higher than those set out for the appropriate category.
Proceedings for contempt
10
1
Subject to article 11, remuneration in proceedings referred to in section 12(2)(f) of the Act shall be at the rate of £72.75 per day.
2
Where representation in such proceedings is provided by two legal representatives, remuneration shall be at the rate of £46.50 per day for the representative appearing as an advocate, and £26.25 per day for the other representative.
11
1
A representative may, when he claims remuneration for work done in respect of proceedings referred to in section 12(2)(f) of the Act, claim that there are exceptional circumstances which justify remuneration greater than the standard fee specified in article 10.
2
If the appropriate officer decides that there are such exceptional circumstances, he may allow the representative such fee as appears to him to be reasonable (having regard to the standard fee) for such work as appears to him to have been reasonably done.
3
If the appropriate officer decides that there are no such exceptional circumstances, the standard fee shall apply.
4
The fee allowed to a representative (other than an advocate) under this article shall not exceed the rates set out in Schedule 2 as appropriate to the type of work, the court in which the proceedings took place, the grade and the situation of the office of the fee-earner who did the work.
5
In the application of paragraph (4), the rates appropriate to the Crown Court shall apply to proceedings in all courts other than the magistrates' courts.
6
Where a court grants representation to a person for the purposes of proceedings for contempt, it may assign to him, for the purposes of those proceedings, any representative who is within the precincts of the court.
7
Where the fee-earner who did the work was not assigned by the court under sub-paragraph (6), the fee allowed for his work shall not exceed the rate set out in Schedule 2 as appropriate to the lowest grade of fee-earner which the appropriate officer considers would have been competent to do the work.
8
The total of the fees allowed to an advocate under this article in respect of proceedings covered by any one representation order shall not exceed the amounts set out in Schedule 3 as appropriate to a single junior counsel instructed in an appeal to the Crown Court against conviction.
12
The provisions of Schedule 1 shall apply with the necessary modifications to the remuneration payable to any representative under articles 10 and 11.
13
Where a representation order has been made in respect of any proceedings, the representative shall not receive or be a party to the making of any payment for work done in connection with those proceedings except such payments as may be made:
a
by the Lord Chancellor or the Commission; or
b
in respect of any expenses or fees incurred in:
i
preparing, obtaining or considering any report, opinion or further evidence, whether provided by an expert witness or otherwise; or
ii
obtaining any transcripts or recordings
where an application under CDS Regulations for an authority to incur such fees or expenses has been refused by the Costs Committee.
Very High Cost Cases — assignment of cases to categories and solicitors to levels
14
1
The Commission or, as the case may be, the appropriate officer shall assign each case which is a Very High Cost Case to one of the four categories referred to in Schedule 5, according to its complexity, importance and subject matter.
2
The Commission or, as the case may be, the appropriate officer shall assign each solicitor or other fee earner (other than a barrister acting as an advocate) providing funded services in relation to a case which is a Very High Cost Case to one of the three levels referred to in Schedule 5.
Irvine of Lairg, C.
Dated 8th March 2001


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Great Western Trains Company Class 180 Vehicles) Exemption Order 2001 and shall come into force on 1st June 2001.
2
1
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 , and expressions used in those Regulations shall have the same meaning in this Order as they have in those Regulations.
2
Any reference to a diagram is a reference to the diagram bearing that number in the Schedule to the Rail Vehicle Accessibility Regulations 1998.
3
This Order applies to rail vehicles numbered 50901 to 50914, 54901 to 54914, 55901 to 55914, 56901 to 56914 and 59901 to 59914 which form part of the diesel multiple-units numbered 180101 to 180114 of the class known as “Class 180” (“the exempted vehicles”) as manufactured by Alstom Transport Limited for use by Great Western Trains Company Limited.
4
1
Subject to articles 5, 6 and 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not comply 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 —
a
regulation 8(3), in so far as diagrams B2, B3 and B4 in the Schedule require a minimum clear headroom of 1250 millimetres for priority seats; and
b
regulation 20(2), in so far as it requires that the passageway between the wheelchair space and the toilet cubicle for disabled persons in wheelchairs shall not be less than 850 millimetres wide at any point.
5
1
The exemption given by article 4(2)(a) shall only apply to a priority seat which is immediately next to a window.
2
The exemption given by article 4(2)(b) —
a
shall only apply to vehicle numbers 50901 to 50914 and 54901 to 54914; and
b
only to a vehicle in which it is possible for a reference wheelchair to pass through the passageway referred to in article 4(2)(b) above.
6
The exemptions given by article 4 shall cease at the end of 30th April 2011.
7
The authorisation shall cease immediately in respect of an exempted vehicle which is operated by a person other than Great Western Trains Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
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
8th May 2001