text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster West 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 Doncaster West 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 Doncaster West 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 Doncaster 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 Doncaster 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 Doncaster and South Humber Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
23rd January 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Solihull Primary Care Trust (Establishment) Order 2001 and shall come into force on 5th 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, Procedures and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5 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 Solihull 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 Solihull Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st 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 Solihull 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
liablity for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also member 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 Solihull 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 Solihull Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
26th January 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment No. 2) (England) Regulations 2001 and shall come into force on 27th July 2001.
2
These Regulations extend to England only.
Amendments
2
1
In the Form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 —
2
after question 3.34A insert —
3.34B
Please give details of any vCJD trust payment made to you, your partner or a member of your family or any payment made to you, your partner or a member of your family by another person or from another person’s estate which was made from a vCJD trust payment received by that other person. Note 90E
;
3
after note 90D, insert —
90E
A vCJD trust payment is a payment made, from trusts set up by the Department of Health, to those who contracted variant Creutzfeldt-Jakob disease (vCJD) and their immediate families.
For the purpose of deciding whether someone is a member of your family, “family” means:
a married or unmarried couple;
a married or unmarried couple and a member of the same household for whom one of them is or both are responsible and who is a child or a young person;
a person who is not a member of a married or unmarried couple and a member of the same household for whom that person is responsible and who is a child or young person.
A payment made to the victim of vCJD or the victim’s partner or surviving partner is disregarded for that person’s lifetime.
A payment made to the parent of a vCJD victim, regardless of the age of the victim, or to a person who is or was acting in the place of a parent of a dependent child victim, is disregarded for 2 years from the date the payment was made to them.
Payments made to dependent children or young persons are disregarded for the period from the date of payment until the day before they leave full time education or the day before their 19th birthday or for 2 years from the date of payment, whichever is the latest date.
Application
3
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Lord Falconer of Thoroton QC
Minister of State,
Department for Transport, Local Government and the Regions
4th July 2001


text:
Citation and commencement
1
This Order may be cited as the Aerodromes (Designation) (Chargeable Air Services) Order 2001 and shall come into force on 1st April 2001.
Designation
2
The aerodromes specified in the Schedule hereto are hereby designated for the purposes of section 77(3)(b) of the Transport Act 2000.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Bob Ainsworth
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Enforcement Powers) Regulations 2001 and shall come into force on 4th January 2002.
Interpretation
2
In these Regulations —
“the 1995 Act ” means the Goods Vehicles (Licensing of Operators) Act 1995;
“hiring agreement” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988 ;
“immobilisation notice” has the meaning given in regulation 5(3);
“licence” means an operator’s licence (whether standard or restricted) as defined in section 2(1) of the 1995 Act;
“owner” means, in relation to a vehicle or trailer which has been detained in accordance with regulation 3 —
in the case of a vehicle which at the time of its detention was not hired from a vehicle-hire firm under a hiring agreement but was registered under the Vehicle Excise and Registration Act 1994 , the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner (whether or not he was the person in whose name it was so registered);
in the case of a vehicle or trailer which at the time of its detention was hired from a vehicle-hire firm under a hiring agreement, the vehicle-hire firm; or
in the case of any other vehicle or trailer, the person who can show to the satisfaction of an authorised person that he was at the time of its detention the lawful owner.
“release” in relation to a vehicle means release from an immobilisation device;
“vehicle” has the same meaning as “goods vehicle” in section 58(1) of the 1995 Act but excludes a small goods vehicle as described in Schedule 1 to that Act; and
“vehicle-hire firm” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.
Detention of property
3
1
Where an authorised person has reason to believe that a vehicle is being, or has been, used on a road in contravention of section 2 of the 1995 Act, he may detain the vehicle and its contents.
2
Paragraph (1) shall not authorise a person other than a constable in uniform to stop a vehicle on any road.
Release of detained vehicles
4
A vehicle detained in accordance with regulation 3 shall be returned to the owner by or under the direction of an authorised person —
a
when at the time the vehicle was detained the person using the vehicle held a licence (whether or not authorising the use of the vehicle); or
b
when at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act.
Power to immobilise vehicles
5
1
This regulation applies where a vehicle has been detained in accordance with regulation 3.
2
Where this regulation applies, without prejudice to the institution of proceedings for any offence under the 1995 Act, the authorised person may —
a
fix an immobilisation device to the vehicle in the place where it has been detained; or
b
move the vehicle, or require it to be moved, to a more convenient place and fix an immobilisation device to the vehicle in that other place.
3
Where an immobilisation device is fixed to a vehicle in accordance with this regulation, the person fixing the device shall also fix to the vehicle a notice (an “immobilisation notice”) which indicates that —
a
the device has been fixed to the vehicle;
b
the vehicle may only be released from the device by or under the direction of an authorised person;
c
the notice shall not be removed or interfered with except by or on the authority of an authorised person; and
d
no attempt should be made to drive the vehicle or otherwise put it in motion.
Removal of, or interference with, an immobilisation notice or device
6
1
An immobilisation notice shall not be removed or interfered with except by or on the authority of an authorised person.
2
A person contravening paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
3
Any person who, without being authorised to do so in accordance with regulation 7, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Release of immobilised vehicles
7
A vehicle to which an immobilisation device has been fixed in accordance with regulation 5 —
a
may be released on the direction of an authorised person; and
b
subject to paragraph (a) above, shall be released —
i
when at the time the vehicle was detained the person using the vehicle held a licence (whether or not authorising the use of the vehicle); or
ii
when at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act.
Removal and delivery of property detained
8
1
An authorised person may direct in writing that any property detained in accordance with regulation 3 be removed and delivered into the custody of a person specified in the direction.
2
A vehicle may be driven, towed or removed by such means as are reasonable in the circumstances and any necessary steps may be taken in relation to the vehicle in order to facilitate its removal.
3
The contents of a vehicle may be removed separately in cases where —
a
it is reasonable to do so to facilitate removal of the vehicle;
b
there is good reason for storing them at a different place from the vehicle; or
c
their condition requires them to be disposed of without delay.
4
A person may be specified in a direction only if —
a
he is a person appointed by an authorised person; and
b
he has made arrangements with the Secretary of State and agreed to accept delivery of the property in accordance with those arrangements; and
c
he has agreed with the Secretary of State to take such steps as are necessary for the safe custody of such property.
5
The arrangements made by virtue of paragraph (4) may include the payment of a sum to a person into whose custody any property is delivered.
6
Where an authorised person has given a direction by virtue of paragraph (1) in respect of a vehicle, he may allow the driver of the vehicle to deliver its contents to their destination or some other suitable place before delivering the vehicle into the custody of the person specified in the direction.
7
Subject to the powers of a person specified in a direction by virtue of paragraph (1) to sell or destroy any property, it shall be the duty of that person while any property is in his custody to take such steps as are necessary for the safe custody of that property.
Notification of detention of a vehicle and its contents
9
1
Where a vehicle has been detained in accordance with regulation 3, an authorised person shall —
a
publish a notice in the London Gazette if the vehicle was detained in England or Wales or in the Edinburgh Gazette if the vehicle was detained in Scotland —
i
giving a brief description of the property detained and the vehicle’s registration mark (if any);
ii
indicating the time and place at which, and the powers under which, it was detained by the authorised person;
iii
stating that it may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the vehicle, the authorised person intends to dispose of it after the expiry of that period in accordance with regulation 15;
iv
stating that any contents which are not disposed of in accordance with regulation 17(1) may be claimed at the place and at the times specified in the notice and that, if no-one establishes within the period specified in the notice that he is entitled to the return of the contents, the authorised person intends to dispose of them after the expiry of that period in accordance with regulation 17(2); and
b
not less than 21 days before the expiry of the period given in the notice serve a copy of the notice on —
i
the owner of the vehicle;
ii
the traffic commissioner in whose area the vehicle was detained;
iii
the chief officer of the police force in whose area the property was detained;
iv
the Association of British Insurers; and
v
the British Vehicle Rental and Leasing Association.
2
The period specified in a notice under paragraph (1)(a)(iii) and (iv) shall be 21 days, beginning with the date on which the notice is published under regulation 9(1)(a) or, if later, a copy of the notice is served under regulation 9(1)(b).
Applications to a traffic commissioner
10
1
The owner of a vehicle detained in accordance with regulation 3 may, within the period specified in regulation 9(2), apply to the traffic commissioner for the area in which the vehicle was detained for the return of the vehicle.
2
An application under paragraph (1) shall be given in writing and shall be accompanied by —
a
a statement of one or more of the grounds specified in paragraph (4) on which the application is declared to be based; and
b
a statement indicating whether the applicant wishes the traffic commissioner to hold a hearing.
3
An application under paragraph (1) shall be served before the expiry of the period specified in regulation 9(2).
4
An application under paragraph (1) may be made on any of the following grounds -
a
that at the time the vehicle was detained the person using the vehicle held a licence (whether or not authorising the use of the vehicle);
b
that at the time the vehicle was detained the vehicle was not being, and had not been, used in contravention of section 2 of the 1995 Act; or
c
that, although at the time the vehicle was detained it was being, or had been, used in contravention of section 2 of the 1995 Act, the owner did not know that it was being, or had been, so used.
Hearings
11
1
If —
a
an application under regulation 10(1) is accompanied by a statement to the effect that the applicant wishes the traffic commissioner to hold a hearing; or
b
the traffic commissioners so decides,
the traffic commissioner shall hold a hearing.
2
A hearing shall take place at the time and place specified by the traffic commissioner in his notice of the hearing.
3
At a hearing the parties shall be entitled to give evidence, to call witnesses, to cross examine witnesses and to address the traffic commissioner both on the evidence and generally on the subject matter of the proceedings.
4
Subject to the following provisions of this regulation, a hearing shall be held in public.
5
The traffic commissioner may direct that the whole or any part of a hearing be held in private if he is satisfied that by reason of —
a
the likelihood of disclosure of intimate personal or financial circumstances;
b
the likelihood of disclosure of commercially sensitive information or information obtained in confidence; or
c
exceptional circumstances not falling within sub-paragraphs (a) or (b),
it is just and reasonable for him so to do.
6
Subject to paragraph (7), where the hearing is held in private the traffic commissioner may admit such persons as he considers appropriate.
7
A member of the Council on Tribunals or the Scottish Committee of that Council may be present in his capacity as such notwithstanding that the hearing, or part of a hearing is not in public.
Notification of determinations
12
The traffic commissioner shall notify the applicant in writing of his determination of an application —
a
where no hearing is held, within 21 days after receiving the application; and
b
where a hearing is held, following the hearing.
Appeals from a determination of a traffic commissioner to the Transport Tribunal
13
1
An appeal may be made to the Transport Tribunal against a determination of the traffic commissioner.
2
Notice of appeal in respect of an appeal to the Transport Tribunal shall be given before the expiry of 28 days beginning with the date of the determination of the traffic commissioner and a copy of the notice of appeal shall be sent to the authorised person and the traffic commissioner.
Return of a vehicle detained
14. If
a
an application is made to a traffic commissioner in accordance with regulation 10; or
b
an appeal is made to the Transport Tribunal in accordance with regulation 13,
and the traffic commissioner or the Transport Tribunal, as the case may be, determines that one or more of the grounds specified in regulation 10(4) is made out, the traffic commissioner or the Transport Tribunal shall order an authorised person to return the vehicle to the owner.
Disposal of vehicles
15
1
If —
a
no application for the return of a vehicle is made in accordance with regulation 10; or
b
such an application is made but the traffic commissioner, or the Transport Tribunal in the event of an appeal under regulation 13, determines that none of the grounds specified in regulation 10(4) is made out,
the authorised person may sell or destroy the vehicle as he thinks fit.
2
After disposing of a vehicle under paragraph (1), the authorised person shall serve notice of the disposal on the following persons —
a
the owner of the vehicle;
b
the traffic commissioner in whose area the vehicle was detained;
c
the chief officer of the police force in whose area it was detained;
d
the Association of British Insurers; and
e
the British Vehicle Rental and Leasing Association.
Return of contents
16
1
The person specified in a direction by virtue of regulation 8 may retain custody of the contents of a vehicle until they are disposed of in accordance with regulation 17, or returned to a person who establishes that he is entitled to them in accordance with the provisions of this regulation.
2
Unless the contents of a vehicle have already been disposed of in accordance with regulation 17, an authorised person shall return any contents detained under regulation 3 to a person who has given notice in writing of his claim to an authorised person within the period specified in the notice given under regulation 9(1)(a)(iv) and who —
a
produces satisfactory evidence of his entitlement to them and of his identity and address; or
b
where he seeks to recover the contents as the agent of another person, produces satisfactory evidence of his status as agent and of his principal’s identity, address and entitlement to the contents.
3
Where the person claiming to be entitled to a vehicle establishes his entitlement, he shall be treated for the purposes of this regulation as also entitled to its contents unless and to the extent that another person has claimed them.
4
Where there is more than one claim to the contents, an authorised person shall determine which person is entitled to them on the basis of the evidence provided to him.
Disposal of contents
17
1
Where the condition of the contents of a vehicle requires them to be disposed of without delay they may be disposed of without the authorised person complying with the requirements of regulation 9.
2
Where the contents of a vehicle are not disposed of in accordance with paragraph (1) and either —
a
one or more persons has given notice of a claim in respect of them in accordance with regulation 16(2) but no person establishes his entitlement to them in accordance with regulation 16; or
b
no notice of a claim has been given in respect of them in accordance with regulation 16(2),
the authorised person may sell or destroy those contents as he thinks fit.
Application of proceeds of sale
18
1
The proceeds of sale of any property sold by an authorised person under regulation 15 or 17 shall be applied towards meeting expenses incurred by the authorised person in exercising his functions under these Regulations and, in so far as they are not so applied, in meeting any claim to the proceeds of sale made and established in accordance with paragraph (2).
2
A claim to the proceeds of sale of any property shall be established if the claimant provides the authorised person with satisfactory evidence that he would have been entitled to the return of the property under regulation 14 or 16 if the property had not been sold.
3
Where the conditions specified in paragraph (4) are fulfilled, there shall be payable to him by the authorised person a sum calculated in accordance with paragraph (5).
4
The conditions are that —
a
the person claiming satisfies the authorised person that he was the owner of the property at the time it was disposed of; and
b
the claim is made before the end of the period of one year beginning with the date on which the property was disposed of.
5
The sum payable under paragraph (2) shall be calculated by deducting from the proceeds of sale the expenses incurred by the authorised person in exercising his functions under these Regulations, including the detention, removal, storage and disposal of the property.
Disputes
19
1
This regulation applies to a dispute which has arisen in relation to the return or disposal of the contents of a vehicle, or the application of the proceeds of sale of a vehicle or its contents.
2
The claimant under a dispute to which this regulation applies may apply in writing to the Secretary of State on the grounds that the authorised person did not comply with the requirements of regulation 9, 16, 17 or 18.
3
The Secretary of State shall consider any representations duly made and any evidence provided in support of them and notify the claimant in writing whether or not he accepts that the grounds of the application have been established and —
a
if the Secretary of State notifies the claimant that the grounds have been established, the authorised person shall pay the claimant any amount due to him;
b
if the Secretary of State rejects the application he shall so inform the claimant in writing and at the same time notify him of his right to make an appeal under paragraph (4).
4
An appeal may be made from the Secretary of State’s determination to the appropriate court by a claimant whose —
a
application under paragraph (2) has been rejected under paragraph (3) and the subsequent appeal is made within 21 days of the claimant being served with notification to that effect under paragraph (3)(b); or
b
the Secretary of State has not notified the claimant of the outcome of the application in accordance with paragraph (3) and 56 days have elapsed since the application was made,
and, if the appropriate court finds that the grounds of the appeal have been established, the authorised person shall be ordered to pay the claimant the amount due to him.
5
In paragraph (4), “appropriate court” means —
a
the magistrates' court for the petty sessions area, or in Scotland, the sheriff court in the sheriffdom —
i
in which the claimant resides (in the case of an individual);
ii
where the principal or last known place of business of the claimant is situated (in the case of a partnership); or
iii
where the registered or principal office of the claimant is situated (in the case of an incorporated or unincorporated body).
Offences as to obstruction of an authorised person
20
Where a person intentionally obstructs an authorised person in the exercise of his powers under regulation 3 or 8, he is guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Offences as to securing possession of property
21
1
Where a person makes a declaration with a view to securing the return of a vehicle and the declaration is that the vehicle was not being, or had not been, used in contravention of section 2 of the 1995 Act, and the declaration is to the person’s knowledge either false or in any material respect misleading, he is guilty of an offence.
2
A person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum, and
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
Giving of notice
22
1
Any notice or application under these Regulations may be served by post (or in such other form as is agreed between the person to be served and the person serving the notice).
2
Subject to paragraph (1), any such document shall be regarded as having been served on that party if it is —
a
delivered to him;
b
left at his proper address;
c
sent by post to him at that address; or
d
transmitted to him by FAX or other means of electronic data transmission in accordance with paragraph (3).
3
A document may be transmitted by FAX or other means of electronic data transmission where the receiving party has indicated in writing to the sending party that he is willing to regard a document as having been duly sent to him if it is transmitted to him in a specified manner and the document is accordingly transmitted to him.
4
Where the proper address includes a numbered box number at a document exchange, delivery of a document may be effected by leaving the document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every business day to that exchange.
5
Any document which is left at a document exchange in accordance with paragraph (4) shall, unless the contrary is proved, be deemed to have been delivered on the second business day after the day on which it is left.
6
If no address for service has been specified, the proper address for the purposes of these Regulations and of section 7 of the Interpretation Act 1978 shall be —
a
in the case of an individual, his usual or last known address;
b
in the case of a partnership, the principal or last known place of business of the partnership within the United Kingdom; or
c
in the case of an incorporated or unincorporated body, the registered or principal office of the body.
7
A party may at any time by notice to another party change his proper address for service for the purposes of these Regulations and of section 7 of the Interpretation Act 1978.
8
A party may by notice in writing delivered to another party vary or revoke any indication given by him under paragraph (3).
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
John Spellar
Minister of State,
Department for Transport, Local Government and the Regions
11th December 2001


text:
1
This Order may be cited as the Criminal Justice (Specified Class A Drugs) Order 2001 and shall come into force on 2nd July 2001.
2
For the purposes of section 70(1) of the Criminal Justice and Court Services Act 2000 (and accordingly for the purposes of section 63C(6) of the Police and Criminal Evidence Act 1984 , section 65(10) of the Criminal Justice Act 1991 and section 163 of the Powers of Criminal Courts (Sentencing) Act 2000 ), the term “specified class A drugs” shall refer to the following drugs:
a
cocaine, its salts and any preparation or other product containing cocaine or its salts; and
b
diamorphine, its salts and any preparation or other product containing diamorphine or its salts.
Charles Clarke
Minister of State
Home Office
9th May 2001


text:
1
This Order may be cited as the A45 Trunk Road (Packington Crossroads Junction Improvement Slip Roads) Order 2001 and shall come into force on 17 May 2001.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the trunk road with other highways at the places stated in that Schedule;
ii
“the trunk road” means the A45 Trunk Road in the Metropolitan Borough of Solihull and the County of Warwickshire; and
iii
“the plan” means the plan numbered HA 10/PS/201 marked “The A45 Trunk Road (Packington Crossroads Junction Improvement Slip Roads) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at DETR Records Management Branch, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the slip roads is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Robert Bannon
Divisional Director Highways Agency
23 April 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Police Authorities (Model Code of Conduct) Order 2001 and shall come into force on 27th November 2001.
2
This Order applies in relation to police authorities in England and Wales and to the Metropolitan Police Authority, and references to “authority” shall be construed accordingly.
Model code of conduct–police authorities and the Metropolitan Police Authority
2
1
The Secretary of State hereby issues a model code as regards the conduct which is expected of members and co-opted members of authorities and that code is set out in the Schedule to this Order.
2
All the provisions of the model code in the Schedule to this Order are mandatory .
Transitional provision
3
1
On the day an authority’s code of conduct is adopted or applied to it, the following shall, where applicable to the authority, be disapplied as respects that authority until 27th July 2002 —
a
sections 94 to 98 and 105 of the Local Government Act 1972 ;
b
any regulations made under section 19 of the Local Government and Housing Act 1989 ;
c
in section 17 of the Audit Commission Act 1998, subsections (1)(b), (3), (5)(b), (7) and (8) and in subsection (2), the words “subject to subsection (3)” and paragraphs (a) and (b) ; and
d
section 18 of the Audit Commission Act 1998 .
2
Section 16(1) of the Interpretation Act 1978 shall apply to a disapplication under paragraph (1) above as if it were a repeal, by an Act, of an enactment.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
5th November 2001


text:
1
These Regulations may be cited as the Fees for Certificates of Arrest and Surrender of Deserters and Absentees (Army and Air Force) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In regulation 2 of the Fees for Certificates of Arrest and Surrender of Deserters and Absentees (Army) Regulations 1956 and the Fees for Certificates of Arrest and Surrender of Deserters and Absentees (Air Force) Regulations 1956 , for the word “clerk”, where it first occurs, there shall be substituted the words “proper officer”.
John Spellar
Minister of State, Ministry of Defence
20th March 2001


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Waddeton Fishery Order 2001 and shall come into force on 27th April 2001.
2
In this Order —
“the Committee” means the local fisheries committee for the Devon Sea Fisheries District established under section 1(1) of the Sea Fisheries Regulation Act 1996 ;
“the definitive map” means the map duly sealed in duplicate with the Minister’s seal and marked “Map referred to in the Waddeton Fisheries Order 2001” one copy of which is in the possession of the Committee and the other copy of which is in the possession of the Minister;
“exclusive licence” means a licence issued by the Committee under article 6 of this Order which grants exclusive authorisation to the person named in the licence to cultivate, dredge, fish for or take prescribed species from such part of the fishery as is specified in the licence;
“the fishery” means that part of the River Dart in the county of Devon which lies below the line of mean high water and is shown coloured pink on the definitive map;
“the prescribed species” are oysters, mussels, cockles, clams and crabs;
“vermin” means an organism injurious to any of the prescribed species.
Right of regulating a fishery
2
There is hereby conferred on the Committee for a period of 25 years the right of regulating a fishery for the prescribed species with respect to the fishery.
Marking of limits of the fishery
3
1
The Committee shall mark the limits of the fishery in such manner as the Minister may from time to time approve and the Committee shall maintain the marks in position and in good repair.
2
All persons granted an exclusive licence shall mark the limits of such part or parts of the fishery in respect of which the exclusive licence was granted in such manner as the Committee may from time to time approve and such persons shall maintain the marks in position and in good repair.
Taking of samples for the purpose of disease control
4
The Committee shall permit any person authorised in that behalf by the Minister to do the following things for any purpose connected with preventing the spread of disease —
a
at any reasonable time to obtain samples of any of the prescribed species found within the fishery and to take them away provided that they have been marked, labelled or otherwise made capable of identification; and
b
when the purpose for which any such sample was taken has been satisfied, to dispose of it as he may determine.
Power to impose restrictions and make regulations
5
1
The Committee may, with the consent of the Minister, from time to time impose restrictions on, and make regulations respecting, the dredging, fishing for and taking of any of the prescribed species within the whole or any specified part of the fishery.
2
Without prejudice to the generality of paragraph (1) above, regulations may be made under that paragraph for the purpose of —
a
determining the size below which or above which it shall be unlawful to take any of the prescribed species from the fishery or to remove them from one part of the fishery to another;
b
determining the size or description of vessels, dredges and fishing instruments to be used in dredging, fishing for or taking any of the prescribed species; and
c
regulating the disposal of such vermin as may be dredged or otherwise taken in dredging, fishing for or taking any of the prescribed species.
3
The production of a copy of any regulation purporting to be certified by any officer authorised by the Minister of Agriculture, Fisheries and Food shall be conclusive evidence of the existence of the regulation and of the due making of it.
Licensing of fishing
6
1
Subject to article 4 above and paragraph (2) below, no person shall dredge, fish for or take any of the prescribed species within the fishery except under the authority of a licence issued in that behalf, on application, by the Committee.
2
Paragraph (1) above shall not apply to persons taking up to 2 kilograms, in live weight, of cockles by hand in any period of 24 hours provided that such cockles are intended only for personal consumption.
3
No person shall use a vessel for dredging, fishing for or taking any of the prescribed species within the fishery except under the authority of a licence issued under paragraph (1) above in which the vessel is named.
4
Subject to paragraph (12) below, a licence for dredging, fishing for or taking any of the prescribed species from a vessel shall be issued jointly to the applicant, who shall be the owner of the vessel, and the skipper of the vessel and shall be used only by those persons.
5
Subject to paragraph (12) below, a licence for fishing for or taking any of the prescribed species by hand (which shall include the use of any hand-held fishing instruments or machines) shall be issued to the applicant and shall be used only by that person.
6
A licence shall be valid for the period not exceeding 12 months specified therein.
7
Subject to any directions given by the Minister and the provisions of this article, the Committee may issue licences under paragraph (1) above in such numbers and to such persons, and may authorise, exclusively or otherwise, the cultivation, dredging, fishing for or taking of the prescribed species at such times, in such manner and in such parts of the fishery as the Committee may determine.
8
Without the written consent of the Minister the Committee shall not grant to any person an exclusive licence if, were the licence granted, the total area in respect of which that person would be entitled to exclusive licences would exceed 20 hectares.
9
Except where the Minister has given his written consent to the contrary, all exclusive licences granted by the Committee shall forbid the making of an assignment thereof.
10
In determining whether a person is entitled to an exclusive licence for the purposes of paragraph (8) —
a
references to a person’s being so entitled include references to his being —
i
entitled by virtue of the assignment of an exclusive licence, or
ii
beneficially entitled under the terms of one or more trusts; and
b
the following shall be treated as one person —
i
any two or more persons carrying on a business of shellfish cultivation in partnership;
ii
a person having control of any company, within the meaning given in section 840 of the Income and Corporation Taxes Act 1988 , and all the companies controlled by that person.
11
The Committee may, after consultation with such organisations as appear to it to be representative of interests likely to be substantially affected by a limitation on the number of licences issued, and such other persons as the Committee thinks fit, place a limitation on the number of licences issued in any one year having particular regard to scientific advice on the desirability of limiting the level of exploitation.
12
Without limiting the generality of the Committee’s powers under this article, the Committee may refuse to grant a licence if any person to whom it would be issued in accordance with paragraph (4) or (5) above has been convicted of a relevant offence within the previous twelve months.
13
In this regulation “relevant offence” means either an offence under section 3(3) of the Sea Fisheries (Shellfish) Act 1967 or an offence under section 11(5) of the Sea Fisheries Regulation Act 1966 in so far as that offence relates to the contravention of a byelaw made under the powers contained in section 5(1)(a), (b) or (d) of that Act.
Tolls and fees payable for fishing
7
1
Any person to whom the Committee proposes to issue an exclusive licence under the provisions of article 6 of this Order shall pay to the Committee before or upon receipt of the licence a toll in respect of a combined licence which authorises the dredging, fishing for and taking of the prescribed species of £200 per annum for each area of 0.2 hectares in respect of which such licence is granted.
2
Any person to whom the Committee proposes to issue any other type of licence under the provisions of article 6 of this Order shall pay to the Committee before or upon receipt of the licence a toll in respect of a combined licence which authorises the dredging, fishing for and taking of the prescribed species —
a
from a vessel, £250 per calendar month; or
b
by hand, £100 per calendar month.
3
The Committee may from time to time with the consent of the Minister vary the toll payable under paragraph (1) or (2) above and introduce separate tolls in respect of each of the prescribed species for which dredging, fishing for or taking is authorised.
Powers to create reserves
8
The Committee may from time to time designate and mark out as reserves such parts of the fishery as it thinks necessary for —
a
experimental, management or scientific purposes, including the control of pests or diseases of any of the prescribed species;
b
cleansing and subsequent restocking with any of the prescribed species and the protection of stock introduced;
c
the collection of spat of any of the prescribed species; or
d
the deposit or re-laying of any of the prescribed species for the purposes of cleansing before their removal from the fishery
and may use such reserves for their designated purposes and prohibit their use for any other purpose connected with or ancillary to the dredging, fishing for or taking of any of the prescribed species.
Restriction on removal of culch
9
1
Except with the prior consent in writing of the Committee, no person shall remove any culch or other material for the reception of spat from the fishery or from one part of the fishery to another.
2
Any person lifting any culch or other such material within the fishery, whether in the course of fishing or dredging or otherwise, shall replace it forthwith as nearly as possible in the place from which it was lifted.
3
Paragraphs (1) and (2) above shall not apply to a removal or lifting effected by raising an anchor or other mooring device for the purpose of navigation.
Power to remove brood of any of prescribed species
10
For the purpose of cultivating the fishery any person authorised by the Committee may remove any spat or small oysters, mussels, cockles or clams from the fishery or from one part of the fishery to any other part at such times and in such quantities as the Committee may direct.
Exemptions for scientific purposes
11
The Committee may, by authority given in writing, exempt any person who is dredging, fishing for or taking any of the prescribed species for scientific purposes from any provision of this Order or from any restriction imposed or regulation made under this Order.
Accounts of income and expenditure and other information
12
The Committee shall render to the Minister annual accounts of its income and expenditure under this Order; shall furnish to the Minister all other information required by him with reference to this Order and to the fishery in such form and at such times as he may require; shall allow any person authorised by the Minister in that behalf to inspect the fishery and all books of account and other documents in the possession of the Committee relating to this Order and to the fishery; and shall give to such person any information relating thereto as he may require.
Rights of the Crown
13
1
Nothing in this Order or in any restriction imposed or regulation made by the Committee shall affect prejudicially any estate, right, power, privilege, authority or exemption of the Crown, including (without prejudice to the general law concerning the applicability of statutes to the Duchy of Cornwall) the Duchy of Cornwall, and, in particular and without prejudice to the generality of the foregoing, nothing therein contained shall authorise the Committee to take, use, enter upon or in any manner interfere with, any land or hereditaments or any rights of whatsoever description (including any portion of the shore or bed of the sea or of any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners, without the consent in writing of those commissioners; or
b
belonging to or enjoyed by the Duchy of Cornwall or the possessor for the time being of the Duchy without the consent in writing of two or more of such of the regular officers of the said Duchy or of such other persons as may be duly authorised under section 39 of the Duchy of Cornwall Management Act 1863, or, as the case may be, the consent of such Duke testified in writing under the seal of the said Duchy; or
c
belonging to a Government department, or held in trust for Her Majesty for the purposes of a Government department, without the consent in writing of that Government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as shall be considered necessary or appropriate.
Rights of various persons and bodies
14
1
Nothing in this Order shall affect prejudicially the exercise of any statutory power or authority from time to time vested in or exercisable by any person carrying on an undertaking falling within paragraph (2) below.
2
The undertakings referred to in paragraph (1) above are —
a
the undertakings of any water undertaker or sewage undertaker;
b
any undertaking consisting in the running of a telecommunications code system, within the meaning of Schedule 4 to the Telecommunications Act 1984 ;
c
the undertaking of any public gas transporter or gas supplier within the meaning of Part I of the Gas Act 1986 ;
d
the undertaking of any person authorised by a licence under Part I of the Electricity Act 1989 to generate, transmit or supply electricity;
e
the undertaking of any navigation, harbour, general lighthouse or conservancy authority.
E. A. Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
4th April 2001


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 and comes into force on 1st December 2001.
Interpretation
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the 1923 Act ” means the Industrial Assurance Act 1923 ;
“the 1948 Act ” means the Industrial Assurance and Friendly Societies Act 1948 ;
“commencement” means the beginning of 1st December 2001;
“existing policy” means —
a policy effected before commencement in the course of industrial assurance business under which there is an existing liability already accrued or a liability may accrue, or
a policy effected after commencement pursuant to a proposal form completed before commencement for a policy of assurance to which the Industrial Assurance Acts or the Northern Ireland Order would, but for their repeal, have applied;
“the Industrial Assurance Acts” means the 1923 Act and the 1948 Act;
“industrial assurance business” means business which, immediately before commencement, fell within section 1(2) of the 1923 Act and which consists, after commencement, of carrying out existing policies;
“the Northern Ireland Order” means the Industrial Assurance (Northern Ireland) Order 1979 ; and
“policyholder” has the meaning given in article 3 of the Financial Services and Markets Act 2000 (Meaning of “Policy” and “Policyholder”) Order 2001 .
Savings
3
1
Part 1 of Schedule 1 to this Order makes savings in relation to the 1923 Act.
2
Part II of that Schedule makes savings in relation to the 1948 Act.
3
Part III of that Schedule excludes specified savings made by Parts I and II of that Schedule, and makes supplementary provision, in relation to the Channel Islands.
4
Part IV of that Schedule makes savings in relation to the Northern Ireland Order.
Transitional provisions
4
Schedule 2 to this Order contains transitional provisions.
Consequential amendments
5
Schedule 3 to this Order makes consequential amendments and savings.
Section 16 of the Interpretation Act 1978
6
Nothing in this Order prejudices the operation of section 16 of the Interpretation Act 1978 in the case of any right acquired, or liability or obligation incurred, before commencement under any provision of the Industrial Assurance Acts or the Northern Ireland Order.
John Heppel
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
9th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Public Offers of Securities (Exemptions) Regulations 2001 and come into force on the twenty first day after the Regulations are laid before Parliament.
Exemption for units in collective investment schemes
2
In Schedule 11 to the Financial Services and Markets Act 2000 —
a
in paragraph 2(1)(a), for “24” substitute “24A”, and
b
after paragraph 24 insert —
Units in a collective investment scheme
24A
The securities are units (as defined by section 237(2)) in a collective investment scheme.
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd August 2001


text:
1
This Order may be cited as the Amusement Machine Licence Duty (Medium-prize Machines) Order 2001 and comes into force on 14th January 2002.
2
In section 22(2)(b) of the Betting and Gaming Duties Act 1981 for “£15” substitute “£25”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House
17th December 2001


text:
1
This Order may be cited as the B1525 (Formerly A16) Trunk Road (Market Deeping/Deeping St. James) (Detrunking) Order 2001 and shall come into force on 1st September 2001.
2
In this Order —
i
“classified road”
as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads; and
ii
“the trunk road”
means the B1525 (Formerly A16) Trunk Road at Market Deeping/Deeping St. James, in the County of Lincolnshire; and
iii
“the plan”
means the plan, numbered HA 10/PS/282, marked “The B1525 (Formerly A16) Trunk Road (Market Deeping/Deeping St. James) (Detrunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at DETR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Carter
Divisional Director Highways Agency
13th July 2001


text:
1
1
This Order may be cited as the Holders of Hereditary Peerages (Overseas Electors) (Transitional Provisions) Order 2001 and shall come into force on 16th February 2001.
2
The Holders of Hereditary Peerages (Extension of the Franchise) (Transitional Provisions) Order 1999 is hereby revoked.
2
In the case of the holder of a hereditary peerage to whom section 3(1) of the House of Lords Act 1999 applies, any reference in section 1(3) or (4)(b) of the Representation of the People Act 1985 (conditions as to qualification as an overseas elector) to a register of parliamentary electors shall include —
a
any register of local government electors in Great Britain; and
b
any register of local electors in Northern Ireland,
which was required to be published on any date not later than 15th February 2000.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
15th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Gloucestershire Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th 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 South Gloucestershire 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 South Gloucestershire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st 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 Avon 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 Avon 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 North Bristol National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
20th February 2001


text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating (No. 2) Order 2000.
2
Subject to paragraphs (3) to (9) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 20 and 24 on 1st April 2001;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7 and 11 to 13, on 9th April 2001;
d
article 9, on 6th April 2001;
e
article 10, on 1st April 2001, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act , for which purpose it shall come into force on 9th April 2001;
f
articles 14 and 15, on 12th April 2001;
g
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 9th April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
article 19, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 2nd April 2001, and in relation to any other case, on 1st April 2001;
i
articles 21 to 23, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 9th April 2001, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 21(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
In so far as article 19(8) of this Order amends paragraph 15(1A) of Part IV of Schedule 2 to the Housing Benefit Regulations , it shall come into force on 9th April 2001, immediately after the coming into force of regulation 4 of the Social Security Amendment (Bereavement Benefits) Regulations 2000 .
5
In so far as article 20(7) of this Order amends paragraph 19(1A) of Part IV of Schedule 1 to the Council Tax Benefit Regulations , it shall come into force on 9th April 2001, immediately after the coming into force of regulation 5 of the Social Security Amendment (Bereavement Benefits) Regulations 2000.
6
Subject to paragraph (7) below, in so far as articles 16(5), 19(8), 20(7) and 22(5) and (6) of this Order amend the provisions specified in paragraph (8) below (which specify amounts of bereavement premium and enhanced disability premium), they shall come into force immediately after the coming into force of —
a
regulations 2 and 3 of the Social Security Amendment (Bereavement Benefits) Regulations 2000 ; and
b
regulations 2, 3, 4 and 5 of the Social Security Amendment (Enhanced Disability Premium) Regulations 2000 .
7
Where, in relation to a particular beneficiary —
a
both paragraph (6) and either of paragraphs (2)(g) or (i) above apply; and
b
the coming into force dates specified in relation to those provisions would not coincide,
then, in such a case, the coming into force date for the purpose of paragraph (6) shall instead be the first day of the first benefit week to commence for that beneficiary after 9th April 2001.
8
The provisions specified for the purposes of paragraph (6) are —
a
paragraph 15(1A) and (8) of Part IV of Schedule 2 to the Income Support Regulations ;
b
paragraph 15(9) of Part IV of Schedule 2 to the Housing Benefit Regulations ;
c
paragraph 19(9) of Part IV of Schedule 1 to the Council Tax Benefit Regulations ;
d
paragraph 20(1A) and (9) of Part IV of Schedule 1 to the Jobseeker’s Allowance Regulations ; and
e
paragraph 20M(6) of Part IVB of Schedule 1 to the Jobseeker’s Allowance Regulations .
9
In so far as article 3(1) of this Order relates to bereavement payment (as referred to in Part II of Schedule 4 to the Contributions and Benefits Act) and to the rate of widowed parent’s allowance (as referred to in Part IV of Schedule 4 to that Act), it shall come into force immediately after the coming into force of section 54(2) of, and paragraph 14 of Schedule 8 to, the Welfare Reform and Pensions Act 1999 .
Interpretation
2
In this Order, unless the context otherwise requires —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category, and otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2), (3), (4) and (5) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 3.3 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for the sum of £64.75 there shall be substituted the sum of £66.90; and
b
for the sum of £67.50 there shall be substituted the sum of £72.50.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2000–2001;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred); and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Social Security Administration Act 1992 ,
shall in each case be increased by 3.3 per cent. of their amount apart from this Order.
5
The sums which are shared additional pensions , and the sums which are increases in the rates of shared additional pensions under section 55C of the Contributions and Benefits Act , shall be increased by 3.3 per cent. of their amounts apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 3.3 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 9th April 2001.
3
In the case of a person over pensionable age whose entitlement to a Category A retirement pension is deferred and for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act , the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 12th April 2001.
4
The increases in the sums mentioned in articles 4(4)(c) and (5) and 5(2) shall take effect on 9th April 2001.
5
The increases in the sums specified for the rate of maternity allowance, widowed mother’s allowance, widow’s pension, Category C and Category D retirement pension, child’s special allowance , attendance allowance, invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), together with, in each case where appropriate, increases for dependants, and guardian’s allowance shall in all cases take effect on 9th April 2001.
6
The increases in the sums specified for the rate of invalid care allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday together with, where appropriate, increases for dependants, disablement benefit together with increases of disablement pension, maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act, industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children together with, where appropriate, increases for dependants, and the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act, shall in all cases take effect on 11th April 2001.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 9th April 2001.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 12th April 2001.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 11th April 2001.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
The increases in the sums specified in articles 3 and 21(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 9th April 2001;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2001,
and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
In Schedule 8 to the Contributions and Benefits Act the sum of £40.40 referred to in paragraph 2(6)(c) (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation) and paragraph 6(2)(b) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total) shall be increased; and from and including 11th April 2001 for that sum in paragraph 2(6)(c), and from and including 12th April 2001 for that sum in paragraph 6(2)(b), there shall be substituted the sum of £41.75.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for the sum of £145.00 in both places where it occurs there shall be substituted the sum of £150.00; and
b
for the sum of £19.00 there shall be substituted the sum of £20.00.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for the sum of £60.20 there shall be substituted the sum of £62.20.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for the sum of £60.20 there shall be substituted the sum of £62.20.
Increase in rate of graduated retirement benefit
11
1
In the National Insurance Act 1965 the sum of 8.77 pence referred to in section 36(1) (graduated retirement benefit) shall be increased by 3.3 per cent.; and from and including 9th April 2001 the reference in that provision to that sum shall have effect as a reference to 9.06 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) (No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 3.3 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 3.3 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a), for the sum of £53.55 there shall be substituted the sum of £55.30;
b
in paragraph (1)(b), for the sum of £35.80 there shall be substituted the sum of £37.00;
c
in paragraph (1)(c), for the sum of £14.20 there shall be substituted the sum of £14.65;
d
in paragraph (2)(a), for the sum of £37.40 there shall be substituted the sum of £38.65; and
e
in paragraph (2)(b), for the sum of £14.20 there shall be substituted the sum of £14.65.
Sums specified for child benefit
13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a)(i), for the sum of £15.00 there shall be substituted the sum of £15.50;
b
in sub-paragraph (a)(ii), the sum of £17.55 remains unchanged; and
c
in sub-paragraph (b), for the sum of £10.00 there shall be substituted the sum of £10.35.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in regulation 10(2) —
a
in sub-paragraph (a), for the sum of £14.20 there shall be substituted the sum of £14.65; and
b
in sub-paragraph (b), for the sum of £7.10 there shall be substituted the sum of £7.35.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in regulation 18(2) —
a
in sub-paragraph (a), for the sum of £14.20 there shall be substituted the sum of £14.65;
b
in sub-paragraph (b), for the sum of £9.00 there shall be substituted the sum of £9.30; and
c
in sub-paragraph (c), for the sum of £4.50 there shall be substituted the sum of £4.65.
PART III
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 6 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
2
In regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2, and in paragraph 1(2) of Part I of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) the sum of £15.90 remains unchanged; and
b
in sub-paragraph (1)(b) for the sum of £14.25 there shall be substituted the sum of £14.50.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) the sum of £47.75 remains unchanged;
b
in sub-paragraph (1)(b) the sum of £7.40 remains unchanged;
c
in sub-paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;
d
in sub-paragraph (2)(b) —
i
for the sum of £81.00 there shall be substituted the sum of £84.00,
ii
for the sum of £120.00 there shall be substituted the sum of £125.00, and
iii
the sum of £17.00 remains unchanged;
e
in sub-paragraph (2)(c) —
i
for the sum of £120.00 there shall be substituted the sum of £125.00,
ii
for the sum of £157.00 there shall be substituted the sum of £163.00, and
iii
the sum of £23.35 remains unchanged;
f
in sub-paragraph (2)(d) —
i
for the sum of £157.00 there shall be substituted the sum of £163.00,
ii
for the sum of £207.00 there shall be substituted the sum of £215.00,
iii
the sum of £38.20 remains unchanged;
g
in sub-paragraph (2)(e) —
i
for the sum of £207.00 there shall be substituted the sum of £215.00,
ii
for the sum of £259.00 there shall be substituted the sum of £269.00,
iii
the sum of £43.50 remains unchanged.
7
In paragraph 6(2) of Schedule 4, for the sum of £256.00 there shall be substituted the sum of £261.00 and, subject to paragraph (2) of this article, those other sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 4 to this Order.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 5 to this Order.
9
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 6 to this Order are the sums set out in column (2) of that Schedule.
Income Support Transitional Protection
17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 1.6 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) the substituted sum is £28.50.
Housing Benefit
19
1
The sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 7 and 8 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In regulations 16(b), 17(c) and paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.90 there shall be substituted the sum of £18.15 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.50 there shall be substituted the sum of £14.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £33.80 there shall be substituted the sum of £36.30.
4
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a) the sum of £47.75 remains unchanged;
b
in paragraph (1)(b) the sum of £7.40 remains unchanged;
c
in paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;
d
in paragraph (2)(b) —
i
for the sum of £81.00 there shall be substituted the sum of £84.00,
ii
for the sum of £120.00 there shall be substituted the sum of £125.00,
iii
the sum of £17.00 remains unchanged;
e
in paragraph (2)(c) —
i
for the sum of £120.00 there shall be substituted the sum of £125.00,
ii
for the sum of £157.00 there shall be substituted the sum of £163.00,
iii
the sum of £23.35 remains unchanged;
f
in paragraph (2)(d) —
i
for the sum of £157.00 there shall be substituted the sum of £163.00,
ii
for the sum of £207.00 there shall be substituted the sum of £215.00,
iii
the sum of £38.20 remains unchanged; and
g
in paragraph (2)(e) —
i
for the sum of £207.00 there shall be substituted the sum of £215.00,
ii
for the sum of £259.00 there shall be substituted the sum of £269.00,
iii
the sum of £43.50 remains unchanged.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for the sums of £18.65, £18.65, £9.40, £12.40, £12.40, £6.25 and £2.25 there shall be substituted the sums of £18.95, £18.95, £9.55, £12.60, £12.60, £6.35 and £2.30 respectively.
6
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 7 to this Order.
7
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum of £22.20 remains unchanged; and
b
in sub-paragraph (b) for the sum of £14.25 there shall be substituted the sum of £14.50.
8
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 8 to this Order.
Council Tax Benefit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 9 and 10 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In regulations 8(b), 9(c) and paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts), the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii), for the sum of £16.90 there shall be substituted the sum of £18.15 in each case;
b
in sub-paragraphs (c)(i) and (d)(i), for the sum of £13.50 there shall be substituted the sum of £14.50 in each case; and
c
in sub-paragraph (c)(ii), for the sum of £33.80 there shall be substituted the sum of £36.30.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a) the sum of £6.95 remains unchanged;
b
in paragraph (1)(b) the sum of £2.30 remains unchanged;
c
in paragraph (2)(a) for the sum of £120.00 there shall be substituted the sum of £125.00;
d
in paragraph (2)(b) —
i
for the sum of £120.00 there shall be substituted the sum of £125.00,
ii
for the sum of £207.00 there shall be substituted the sum of £215.00,
iii
the sum of £4.60 remains unchanged; and
e
in paragraph (2)(c) —
i
for the sum of £207.00 there shall be substituted the sum of £215.00,
ii
for the sum of £259.00 there shall be substituted the sum of £269.00,
iii
the sum of £5.80 remains unchanged.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 9 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a) the sum of £22.20 remains unchanged; and
b
in sub-paragraph (b) for the sum of £14.25 there shall be substituted the sum of £14.50.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 10 to this Order.
8
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for the sum of £120.00 there shall be substituted the sum of £125.00;
b
in sub-paragraph (2)(b)(ii) for the sums of £120.00 and £157.00 there shall be substituted the sums of £125.00 and £163.00 respectively.
PART IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
21
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for the sum of £31.45 there shall be substituted the sum of £31.95;
b
in sub-paragraph (b) for the sum of £41.35 there shall be substituted the sum of £42.00; and
c
in sub-paragraph (c) for the sum of £52.20 there shall be substituted the sum of £53.05.
Applicable amounts for Jobseeker’s Allowance
22
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 11 to 18 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (b)(ii) and (iii), (c)(ii) and (d)(i), in paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1, and in paragraph 1(2) of Schedule 4, the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 11 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) the sum of £15.90 remains unchanged; and
b
in sub-paragraph (1)(b) for the sum £14.25 there shall be substituted the sum of £14.50.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 12 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 13 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) the sum of £47.75 remains unchanged;
b
in sub-paragraph (1)(b) the sum of £7.40 remains unchanged;
c
in sub-paragraph (2)(a) for the sum of £81.00 there shall be substituted the sum of £84.00;
d
in sub-paragraph (2)(b) —
i
for the sum of £81.00 there shall be substituted the sum of £84.00,
ii
for the sum of £120.00 there shall be substituted the sum of £125.00,
iii
the sum of £17.00 remains unchanged;
e
in sub-paragraph (2)(c) —
i
for the sum of £120.00 there shall be substituted the sum of £125.00,
ii
for the sum of £157.00 there shall be substituted the sum of £163.00,
iii
the sum of £23.35 remains unchanged;
f
in sub-paragraph (2)(d) —
i
for the sum of £157.00 there shall be substituted the sum of £163.00,
ii
for the sum of £207.00 there shall be substituted the sum of £215.00,
iii
the sum of £38.20 remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for the sum of £207.00 there shall be substituted the sum of £215.00,
ii
for the sum of £259.00 there shall be substituted the sum of £269.00,
iii
the sum of £43.50 remains unchanged.
8
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4 (applicable amounts of persons in residential care and nursing homes) shall be as set out in Schedule 14 to this Order.
9
Subject to paragraph (2) of this article, those sums relevant to the calculation of an applicable amount which are specified in Schedule 4A (applicable amounts of a joint-claim couple where a member is in a residential care or nursing home) shall be as set out in Schedule 15 to this Order.
10
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 16 to this Order.
11
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 17 to this Order.
12
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 18 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
23
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) the substituted sum is £28.50.
PART V
REVOCATION
Revocation
24
The Social Security Benefits Up-rating Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
18th January 2001
We consent,
Bob Ainsworth
David Jamieson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th January 2001


text:
Citation, commencement and extent
1
These Regulations, which extend to England, may be cited as the Gelatine (Intra-Community Trade) (England) Regulations 2001 and shall come into force on 21st May 2001.
Interpretation
2
In these Regulations —
“the Agency” means the Food Standards Agency ;
“collection centre”, “tannery” and “raw material” shall be construed in accordance with Commission Decision 1999/724/ EC amending Annex II to Council Directive 92/118/ EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC or, as regards pathogens, to Directive 90/425/EEC ; and
“food authority” has the same meaning as in the Food Safety Act 1990 .
Amendment of the Products of Animal Origin (Import and Export) Regulations 1996
3
The Products of Animal Origin (Import and Export) Regulations 1996 shall be amended in relation to England by adding, in Schedule 3, at the end of paragraph 12, the following entry —
“Commission Decision 1999/724/EC ( OJ No. L290, 12.11.99, p. 32)”.
Authorisation of collection centres and tanneries
4
1
A food authority shall, on application under this regulation, authorise a collection centre or tannery if the food authority is satisfied that —
a
the collection centre or tannery has storage rooms with hard floors and smooth walls which are easy to clean and disinfect;
b
where appropriate, the collection centre or tannery is provided with refrigeration facilities;
c
the storage rooms of the collection centre or tannery are kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for the raw materials;
d
if any raw material which does not conform to any requirement imposed by virtue of the Products of Animal Origin (Import and Export) Regulations 1996 which is applicable to it is or will be stored or processed in the premises, it is or, as appropriate, will be segregated throughout the period of receipt, storage, processing and dispatch from raw material which does so conform;
e
the food authority has all the information it needs to notify the Agency of the authorisation under regulation 8(2)(a) of these Regulations.
2
When granting any authorisation under this regulation, the food authority shall allocate a distinctive number to the premises.
Suspension and withdrawal of authorisations
5
1
A food authority may suspend or withdraw an authorisation under regulation 4 of these Regulations if the food authority is satisfied that the premises in relation to which the authorisation was granted do not satisfy the requirements specified in regulation 4 of these Regulations.
2
A food authority shall not suspend or withdraw an authorisation under this regulation unless —
a
it has served a notice complying with paragraph (3) of this regulation on the proprietor of the business carried on at the premises; and
b
it is satisfied, after the time for compliance with the notice has expired, that the premises do not comply with the requirements specified in the notice.
3
A notice served under paragraph (2) of this regulation shall —
a
state that the food authority proposes to suspend or, as the case may be, withdraw the authorisation;
b
identify each requirement specified in regulation 4 of these Regulations which the food authority is satisfied has not been complied with in relation to the premises;
c
in relation to each requirement specified under subparagraph (b) above, give reasons why the food authority is satisfied that the requirement has not been complied with; and
d
state that unless the proprietor of the business complies with the requirements specified in the notice within such reasonable time as is stated in the notice, the authorisation may be suspended or, as the case may be, withdrawn.
Right of appeal
6
1
A person who is aggrieved by a decision of a food authority to refuse authorisation or to suspend or withdraw authorisation may appeal to a magistrates' court.
2
Section 37(3), (5) and (6) of the Food Safety Act 1990 shall have effect in relation to appeals under this regulation as they have effect in relation to an appeal under that section.
3
The withdrawal or suspension of an authorisation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of.
Cancellation of authorisation
7
A food authority shall cancel an authorisation under regulation 4 of these Regulations —
a
on the request of the proprietor of the business in relation to which the premises are authorised; or
b
if the food authority is satisfied that the business carried on at the premises in respect of which the authorisation was granted is no longer being carried on there.
Registration
8
1
The Agency shall maintain a register of premises authorised under regulation 4 of these Regulations.
2
Every food authority shall notify the Agency, by such means as is reasonably required by the Agency, of —
a
every authorisation issued by the food authority under regulation 4 of these Regulations;
b
every withdrawal, suspension or cancellation by the food authority of such an authorisation;
c
every notice issued by the food authority under regulation 5(2) of these Regulations;
d
any change of the proprietor of the business carried on at authorised premises;
e
any error or omission which comes to the attention of the food authority in the information in the register relating to any premises authorised by the food authority.
3
Every notification by a food authority to the Agency under paragraph (2) of this regulation shall contain the following information —
a
the address of the premises;
b
the name of the proprietor of the business carried on at the premises;
c
any trade name or other name (not being the name of the proprietor) by which the business carried on at the premises is known;
d
the identifying number assigned by the food authority under regulation 4(2) of these Regulations;
e
whether the premises are authorised as a collection centre or as a tannery;
f
the date from which authorisation has effect and the date any suspension, withdrawal or cancellation of authorisation took effect.
4
The Agency shall take reasonable measures to make the information on the register available to the public at reasonable times.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
23rd April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Brompton and Harefield National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the Trust” means the Royal Brompton and Harefield National Health Service Trust;
“the new trustees” means the trustees for the Barts and The London National Health Service Trust ;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the old trustees and the new trustees on 27th February 2001.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Barts and The London National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th March 2001