text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 9) Regulations 2000 and shall come into force on 25th September 2000.
Amendment of the Social Security (Contributions) Regulations 1979
2
Amend the Social Security (Contributions) Regulations 1979 in accordance with the following provisions of these Regulations.
3
In regulation 1(2) after the definition of “earnings-related contributions” insert —
“electronic communications” includes any communications by means of a telecommunications system (within the meaning of the Telecommunications Act 1984 ), and a means of electronic communications, or a form of such communication, is approved if it is for the time being approved by the Inland Revenue;
.
4
1
Amend regulation 24 (application for certificates of exception etc. ) in accordance with the following provisions of this regulation.
2
In paragraph (1) for “the Secretary of State, who, if he grants” substitute “the Inland Revenue, who, +if they grant”.
3
In paragraph (2) for “the Secretary of State” substitute “the Inland Revenue”.
4
In paragraph (3) for “the Secretary of State” substitute “the Inland Revenue” (twice).
5
In paragraph (5) for “the Secretary of State” substitute “the Inland Revenue” (three times).
6
For paragraph (6) substitute —
6
The holder of a certificate of exception —
a
shall produce the certificate for inspection when called upon to do so by an officer of the Inland Revenue; and
b
shall, if he desires that the certificate be cancelled, give notice to the Inland Revenue either in writing or in such form and by such means of electronic communications as are approved, and the certificate shall then cease to have effect from such date as the Inland Revenue determine.
.
5
1
Amend regulation 32 (return of contributions) in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for “by the Secretary of State”, substitute “by the Inland Revenue”; and
b
for “in writing to the Secretary of State” substitute “to the Inland Revenue either in writing or in such form and by such means of electronic communications as are approved”.
3
In paragraph (2) for “the said regulation 17 and the Secretary of State has” substitute “regulation 17 of these Regulations and the Inland Revenue have”.
4
In paragraph (2A) for “the said regulation 17 and the Secretary of State has” substitute “regulation 17 of these Regulations and the Inland Revenue have”.
5
In paragraph (5) —
a
for “the Secretary of State”, in the first and third places where it occurs, substitute “the Inland Revenue”; and
b
for “the Secretary of State is” substitute “the Inland Revenue are”.
6
1
Amend regulation 33 (return of Class 1 contributions paid at the non-contracted-out rate instead of the contracted-out rate) in accordance with the following provisions of this regulation.
2
In paragraph (1) for “the Secretary of State” substitute “the Inland Revenue”.
3
In paragraph (2) —
a
for “the last preceding paragraph” substitute “paragraph (1) of this regulation”;
b
for “or with his consent in writing,” substitute
or with the earner’s consent given —
a
in writing; or
b
in such form, and by such means of electronic communications, as are approved,
.
4
In paragraph (3) —
a
for “the Secretary of State”, in the first and third places where it occurs, substitute “the Inland Revenue”; and
b
for “the Secretary of State is” substitute “the Inland Revenue are”.
7
1
Amend regulation 34 (return of precluded Class 3 contributions) as follows.
2
In paragraph (1) for “the Secretary of State” substitute “the Inland Revenue”.
3
For paragraph (2) substitute —
2
A contributor wishing to apply for the return of a contribution falling within paragraph (1) of this regulation shall make an application to the Inland Revenue either —
a
in writing; or
b
in such form, and by such means of electronic communications, as are approved.
.
8
In regulation 53A (notification of commencement or cessation of payment of Class 2 or Class 3 contributions) for paragraph (1) substitute —
1
A person to whom paragraph (2) of this regulation applies shall immediately notify the Inland Revenue in writing or by such means of electronic communications as is approved.
.
9
For regulation 53B (notification of change of address of contributor), and the heading preceding it, substitute —
Notification of change of address
53B
A person liable to pay Class 2 contributions, or paying Class 2 (although not liable to do so) or Class 3 contributions, shall immediately notify the Inland Revenue of any change of his address in writing or by such means of electronic communications as is approved.
.
10
In the heading of regulation 54A (arrangements approved by the Secretary of State for method of, and time for, payment of Class 2 and Class 3 contributions) for “the Secretary of State” substitute “the Inland Revenue”.
11
For paragraph (1) of regulation 54A substitute —
1
The Inland Revenue may from time to time approve arrangements under which contributions are paid at times or in a manner different from those prescribed by regulation 54 of these Regulations (method and timing of payment of Class 2 and Class 3 contributions).
This is subject to paragraphs (1A) to (1C) of this regulation.
1A
When granting approval under paragraph (1) the Inland Revenue may impose such conditions as they see fit.
1B
The Inland Revenue may, in particular, grant approval under paragraph (1) if, as respects any year in which a person is both an employed earner and a self-employed earner, the condition in paragraph (1C) is satisfied.
1C
The condition is that the Inland Revenue are satisfied that the total amount of primary Class 1 contributions likely to be paid by or in respect of that person will exceed the maximum amount prescribed in regulation 17 of these Regulations for that year.
.
12
1
Amend regulation 78 (return of special Class 4 contributions paid in error) in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
for “the Secretary of State to that person” substitute “the Inland Revenue to that person”; and
b
for “in writing to the Secretary of State” substitute “to the Inland Revenue in writing or in such other form and manner as the Inland Revenue may allow”.
3
In paragraph (3) —
a
omit “in such form and in such manner as the Secretary of State may from time to time determine, and”;
b
for “is satisfied” substitute “are satisfied”; and
c
for “the Secretary of State” (in the other two places where it occurs) substitute “the Inland Revenue”.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
31st August 2000
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
31st August 2000


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Labelling (Enforcement) (England) Regulations 2000; they shall apply to England and shall come into force on 1st January 2001.
Interpretation
2
1
In these Regulations —
“authorised officer” means any person (whether or not an officer of the Minister or of an enforcement authority) who is authorised for the purposes of these Regulations by the Minister or an enforcement authority;
“Commission Regulation 1141/97” means Commission Regulation ( EC ) No. 1141/97 laying down detailed rules for the application of Council Regulation (EC) No. 820/97 as regards the labelling of beef and beef products ;
“Commission Regulation 1825/2000” means Commission Regulation (EC) No. 1825/2000 laying down detailed rules for the application of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products ;
“Regulation 1760/2000” means Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97 .
2
For the purposes of these Regulations as they apply to Regulation 1760/2000, Commission Regulation 1141/97 and Commission Regulation 1825/2000, the term “marketing” shall be deemed to include the supply of beef, otherwise than on sale, in the course of a business.
Competent authority
3
The Minister shall be the competent authority for the purposes of Title II of Regulation 1760/2000, Commission Regulation 1141/97 and Commission Regulation 1825/2000.
Enforcement authorities
4
1
Subject to the following provisions of this regulation, the enforcement authorities for the purposes of the enforcement and execution of these Regulations shall be —
a
as respects each London borough, district or non-metropolitan county, the council of that borough, district or county;
b
as respects the City of London (including the Temples), the Common Council of the City of London;
c
as respects the Inner Temple, the Sub-Treasurer, and as respects the Middle Temple, the Under Treasurer;
d
as respects each port, in relation to imported beef, the port health authority of that port.
2
These Regulations shall not be enforced and executed by the council of a district in a non-metropolitan county except where the county functions have been transferred to that council under a structural change.
3
These Regulations shall be enforced and executed as respects abattoirs, cutting plants and wholesalers by the relevant enforcement authority and by any authorised officer appointed for that purpose by the Minister.
Enforcement of compulsory and voluntary labelling requirements
5
1
Any person engaged in the marketing of beef who fails to comply —
a
in respect of beef derived from animals slaughtered on or after 1st September 2000, with the compulsory and voluntary labelling requirements applicable under Title II of Regulation 1760/2000 and Commission Regulation 1825/2000; or
b
in respect of beef derived from animals slaughtered before 1st September 2000, with the voluntary labelling requirements applicable under Commission Regulation 1141/97,
shall be guilty of an offence.
2
Where beef has been labelled and marketed in a manner which does not comply —
a
in respect of beef derived from animals slaughtered on or after 1st September 2000, with the compulsory and voluntary labelling requirements applicable under Title II of Regulation 1760/2000 and Commission Regulation 1825/2000; or
b
in respect of beef derived from animals slaughtered before 1st September 2000, with the voluntary labelling requirements applicable under Commission Regulation 1141/97,
an authorised officer may serve a notice on the person in possession of the beef requiring its removal from sale until the beef is re-labelled in accordance with those requirements.
3
In respect of beef derived from animals slaughtered on or after 1st September 2000, a notice served under paragraph (2) above may authorise the beef to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation 1760/2000.
4
Any person who fails to comply with the provisions of a notice served under paragraph (2) above shall be guilty of an offence.
Powers of entry
6
1
An authorised officer shall, on producing, if so required, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any premises (excluding premises used only as a dwelling) for the purpose of ascertaining whether —
a
there is or has been on the premises any contravention of any provisions of these Regulations; or
b
there is on the premises any evidence of any contravention of any provisions of these Regulations.
2
If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises (excluding premises used only as a dwelling) for any such purpose as is mentioned in paragraph (1) above and that either —
a
admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier; or
b
an application for admission, or the giving of such notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier temporarily absent,
the justice may by warrant signed by him authorise an authorised officer to enter the premises, if need be by reasonable force.
3
Every warrant granted under paragraph (2) above shall continue in force for a period of one month.
4
An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary; and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
5
Where any land or other property is damaged in the exercise of a power of entry conferred by this section, compensation in respect of that damage may be recovered by any person interested in the land or property from the Minister or the relevant enforcement authority as the case may be.
Powers of inspection, sampling and seizure
7
An authorised officer entering any premises by virtue of regulation 6 above, or of a warrant issued under it, may —
a
inspect any beef present on those premises;
b
take samples (and, if necessary, send the samples for laboratory testing) from any beef present on those premises;
c
inspect any labels and relevant business records (including electronic records) in whatever form they are held except in the case of material which is either excluded or special material under sections 11 and 14 of and Schedule 1 to the Police and Criminal Evidence Act 1984 ;
d
seize and detain any such labels and records (including electronic records) which he has reason to believe may be required as evidence in proceedings under any of the provisions of these Regulations.
Protection of officers acting in good faith
8
1
No authorised officer shall be personally liable in respect of any act done by him —
a
in the execution or purported execution of these Regulations; and
b
within the scope of his employment,
if he did that act in the honest belief that his duty under these Regulations required or entitled him to do it.
2
Nothing in paragraph (1) above shall be construed as relieving the Minister or the relevant enforcement authority from any liability in respect of the acts of authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him —
a
in the execution or purported execution of these Regulations; and
b
outside the scope of his employment,
the Minister or the relevant enforcement authority may indemnify him against the whole or part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
Obstruction
9
1
Any person who —
a
intentionally obstructs any person acting in the execution of these Regulations;
b
without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information which that person may reasonably require of him for the purpose of carrying out his functions under these Regulations; or
c
furnishes to any person acting in the execution of these Regulations any information which he knows to be false or misleading,
shall be guilty of an offence.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences due to fault of another person
10
Where the commission by any person of an offence under any of the provisions of these Regulations is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this paragraph of this regulation whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
11
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Defence of due diligence
12
1
In any proceedings for an offence under any provision of these Regulations it shall, subject to paragraph (2) below, be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
2
If in any case the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the person charged shall not, without leave of the court, be entitled to rely on that defence unless —
a
at least seven clear days before the hearing; and
b
where he has previously appeared before a court in connection with the alleged offence, within one month of his first such appearance;
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
3
In paragraph (2) above any reference to appearing before a court shall be construed as including a reference to being brought before a court.
Penalties
13
1
Subject to the following paragraphs of this regulation, a person guilty of an offence under any provision of these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person guilty of an offence under regulation 9(1)(a) or (b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of an offence under regulation 9(1)(c) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
Revocation of the Beef Labelling (Enforcement) Regulations 1998
14
The Beef Labelling (Enforcement) Regulations 1998 are revoked in so far as they apply in England.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
13th November 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford City Primary Care Trust (Establishment) Order 2001 and shall come into force on 22nd 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 Oxford City 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 Oxford City 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 and Performance 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 Oxfordshire 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 Oxfordshire Health Authority shall make officers of the authority available to the trust during the preparatory period.
4
The Oxfordshire Community Health 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.
5
The Oxfordshire Mental Healthcare National Health Service Trust shall make premises of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under-Secretary of State,
Department of Health
12th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2001 and comes into force on the day on which paragraphs 1 to 7 of Schedule 6 come into force.
2
In this Order —
“section 41” and “Schedule 6” mean (respectively) section 41 of, and Schedule 6 to, the Financial Services and Markets Act 2000;
“supervisory authority” means an authority responsible for supervising persons carrying on insurance business;
“Swiss general insurance company” means a person —
whose head office is in Switzerland;
who is authorised by the supervisory authority in Switzerland as mentioned in Article 7.1 of the Agreement between the European Economic Community and the Swiss Confederation on direct insurance other than life insurance, signed at Luxembourg on 10 October 1989 ;
who is seeking to carry on, or is carrying on, from a branch in the United Kingdom, a regulated activity consisting of the effecting or carrying out of contracts of insurance of a kind which is subject to that Agreement.
Limited liability partnerships
2
In paragraph 1(1) of Schedule 6 (legal status of insurers), after “body corporate” insert “(other than a limited liability partnership)”.
Non-EEA insurers
3
1
If paragraph 8 of Schedule 6 (additional conditions applying to non-EEA insurers) applies to the person concerned, it must, for the purposes of section 41 and Schedule 6, satisfy the following additional conditions —
a
it must have a representative who is resident in the United Kingdom and who has authority to bind it in its relations with third parties and to represent it in its relations with the Authority and the courts in the United Kingdom;
b
subject to paragraph (2), if the person concerned is not a Swiss general insurance company —
i
it must be a body corporate entitled under the law of the place where its head office is situated to effect and carry out contracts of insurance;
ii
it must have in the United Kingdom assets of such value as may be specified;
iii
unless the regulated activity in question relates solely to reinsurance, it must have made a deposit (of money or securities, as may be specified) of such an amount and with such a person as may be specified, and on such terms and subject to such other provisions as may be specified.
2
Where the person concerned is seeking to carry on an activity relating to insurance business in one or more other EEA States (as well as in the United Kingdom), and the Authority and the supervisory authority in the other EEA State or States concerned so agree —
a
the reference in paragraph (1)(b)(ii) to the United Kingdom is to be read as a reference to the United Kingdom and the other EEA State or States concerned; and
b
the reference in paragraph (1)(b)(iii) to such a person as may be specified is to be read as a reference to such a person as may be agreed between the Authority and the other supervisory authority or authorities concerned.
3
The conditions set out in paragraphs 3 to 5 of Schedule 6 (close links; adequate resources; and suitability) are removed in relation to a Swiss general insurance company.
4
In this article, “specified” means specified in rules.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations:
“ the Act ” means the New Roads and Street Works Act 1991;
“bridleway” has the meaning given by section 329(1) of the Highways Act 1980 ;
“the Co-Ordination Code” means the Code of Practice for the Co-Ordination of Streetworks and Works for Road Purposes and Related Matters dated November 1992 and approved by the Secretary of State for Transport on 8th March 1993, as revised and re-issued from time to time;
“day” means a working day;
“footpath” has the meaning given by section 329(1) of the Highways Act 1980;
“minor works” means street works (not being emergency works or urgent works), whether in the footway, verge or carriageway, which are of a planned duration of not more than 3 days, do not form part of a rolling programme of works and do not involve at any one time more than 30 metres of works or leave less than 3 metres width of carriageway available for traffic or less than 2.5 metres where the traffic is expected to consist only of motor cars and light locomotives within the meaning of section 185(1) of the Road Traffic Act 1988 ;
“the National Street Gazetteer” means the national computer database of streets which is provided by the concessionaire for the time being appointed by the Local Government Information House Limited;
“pedestrian planning order” means an order made under section 249(2) or (2A) of the Town and Country Planning Act 1990 ;
“road category” means one of the road categories specified in the code of practice entitled “Specification for the Reinstatement of Openings in Highways” dated June 1992 and approved by the Secretary of State for Transport on 30th June 1992, as revised and re-issued from time to time;
“standard works” means all works which are not emergency works, urgent works or minor works;
“traffic order” means an order made under section 1, 6 or 9 of the Road Traffic Regulation Act 1984 ;
“urgent works” means street works (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required)
to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker,
to avoid substantial loss to the undertaker in relation to an existing service, or
to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the appropriate notice period,
and includes works which cannot reasonably be severed from such works.
Application of Regulations
3
These Regulations apply to every maintainable highway other than a footpath, a bridleway, a highway in relation to which a pedestrian planning order is in force, and a highway whose use by vehicular traffic is prohibited by a traffic order unless that prohibition is only at particular times.
Notices
4
1
An undertaker executing street works (other than minor works) in a highway to which these Regulations apply shall give the highway authority notice in writing of the beginning of those works specifying by reference to the National Street Gazetteer the street or streets in which the works are to be carried out (“actual start of works notice”) not later than the end of the day following the day on which the works begin.
2
An undertaker executing minor works in a highway to which these Regulations apply shall give the highway authority a daily notice in writing of those works in the form of the daily whereabouts for minor works notice in Appendix D or Appendix E to the Co-Ordination Code specifying by reference to the National Street Gazetteer the street or streets in which the works are being carried out (“daily whereabouts notice”), the first such notice to be given not later than the end of the day before the day on which the works begin.
3
When an undertaker has completed interim reinstatement of a highway and has removed all remaining spoil and unused materials together with all signing, lighting and guarding, and has returned the highway fully to public use he shall give the highway authority notice thereof in writing (“works clear notice”) not later than the end of the day following the day on which the highway was returned fully to public use.
4
When an undertaker has completed permanent reinstatement of a highway and has removed all remaining spoil and unused materials together with all signing, lighting and guarding, and has returned the highway fully to public use he shall give the highway authority notice thereof in writing (“works closed notice”) not later than the end of the day following the day on which the highway was returned fully to public use.
Prescribed charges and prescribed periods
5
1
A highway authority shall, subject to paragraph (8), require an undertaker to pay the prescribed charge where the duration of street works carried out by the undertaker in a maintainable highway to which these Regulations apply exceeds the prescribed period or a reasonable period, whichever is the longer.
2
Paragraph (1) does not apply to the following works —
a
works which do not require breaking up the street,
b
repairing, resetting or replacing manhole or chamber covers or frames,
c
replacing poles, lamps, columns or signs in the same location,
d
pole testing.
3
The duration of street works includes any period during which an undertaker is carrying out remedial works required by an authority pursuant to section 72(3) of the Act.
4
The prescribed charge shall be a charge as set out in this paragraph for each day (or part of a day) during which the street works in each and every street mentioned in the actual start of works notice, or, in the case of minor works, in the first daily whereabouts notice, continue beyond the prescribed period or a reasonable period, whichever is the longer:
a
for minor works, emergency works and urgent works in road category Types 3 and 4, £100;
b
for standard works in road category Types 3 and 4, £250;
c
for minor works, emergency works and urgent works in road category types other than Types 3 and 4, £500, and
d
for standard works in road category types other than Types 3 and 4, £2,000.
5
Works shall be treated as beginning, for the purposes of paragraphs (4) and (7), on the date given in the actual start of works notice or the first daily whereabouts notice, as the case may be.
6
Works shall be deemed to continue for the purposes of paragraph (3) until a works clear notice or a works closed notice (as the case may be) has been given in respect of those works.
7
The prescribed period shall be 3 days starting on the day on which the works begin.
8
A highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide, or in all cases other than a particular case or such class of case as they may decide.
9
Charges may only be made in respect of works of which notification has been given by notice pursuant to the Act relating to such works that they are to be executed in a street or streets identified as that street or those streets are identified in the National Street Gazetteer.
10
Charges are only payable in respect of street works where the highway authority have given the undertaker, not later than six months after receipt of a works clear notice or a works closed notice (whichever is the earlier), an account in writing setting out the charge payable.
Estimates of Duration of Works
6
1
If an undertaker has reason to believe that the duration of the works will exceed the prescribed period he shall give to the highway authority notice containing an estimate of their likely duration —
a
in the case of works in connection with the initial placing of apparatus in the street in pursuance of a street works licence, together with his application for the licence,
b
in the case of other works (not being emergency works) together with his notice under section 55 of the Act (notice of starting date), or
c
in the case of emergency works, as soon as reasonably practicable after the works are begun.
2
The period of duration contained in a notice given under paragraph (1) shall be taken to be agreed by the authority to be a reasonable period unless they give notice in writing to the undertaker within 3 days of receipt of the notice containing the estimate that they object.
3
A notice by an authority under paragraph (2) shall contain their own estimate of a reasonable period for the duration of the works.
Further and revised estimates of duration of works
7
1
If it appears to an undertaker that, by reason of matters not previously foreseen or reasonably foreseeable, the duration of the works —
a
is likely to exceed the prescribed period,
b
is likely to exceed the period stated in his previous estimate, or
c
is likely to exceed the period previously agreed or determined under section 74(2) of the Act to be a reasonable period,
he shall give to the authority notice in writing containing an estimate or revised estimate.
2
Where a notice in writing containing an estimate or revised estimate is submitted under paragraph (1) any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the highway authority to be reasonable unless they give notice in writing to the undertaker within 3 days of receipt of the estimate or revised estimate that they object.
3
A notice by an authority under paragraph (2) shall contain their own estimate of the period of duration.
Application of charges and keeping of accounts
8
1
A local highway authority may deduct from prescribed charges received from an undertaker the reasonable costs of operating the scheme under which they are paid and shall apply the net proceeds for the purpose of developing policies for the promotion and encouragement of safe, integrated, efficient and economic transport facilities and services to, from and within their area.
2
A local highway authority shall keep accounts of sums paid by way of charges and the application thereof in a form approved by the Secretary of State.
Offences
9
An undertaker who without reasonable cause fails to give any notice required by these Regulations commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Prescribed manner of service of notices
10
Any notice given under these Regulations shall be given by delivering it to the person to whom it is addressed or leaving it at his proper address, or by sending it to such address by post, telefacsimile or electronic means, or by any other means agreed between the person giving it and the person to whom it is sent.
Transitional provision
11
These Regulations do not apply to street works in respect of which an undertaker has given a notice under section 54, 55 or 57 of the Act before the date on which they come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
30th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Variation of Stamp Duties Regulations 2001 and shall come into force on 28th November 2001.
Interpretation
2
In these Regulations —
“lease of land” has the same meaning as in Part 2 of Schedule 13 to the Finance Act 1999 ;
“qualifying premium”, in relation to a lease of land, means the consideration in respect of which, under paragraph 12(2) of Schedule 13 to the Finance Act 1999, the duty is the same as that on a conveyance on sale for the same consideration;
“section 92(1)” means section 92(1) of the Finance Act 2001 (exemption from stamp duty in a disadvantaged area) ;
“Schedule 30” means Schedule 30 to the Finance Act 2001 (stamp duty; exemption for land in disadvantaged areas).
Instruments to which regulation 4 applies
3
1
Regulation 4 applies to an instrument if it is —
a
a conveyance or transfer on sale of an estate or interest in land, or
b
a lease of land,
and the condition in paragraph (2) is satisfied in the case of the instrument.
2
The condition in this paragraph is satisfied in the case of an instrument if, apart from section 92(1) and paragraphs 1 and 3 of Schedule 30 —
a
the amount or value of the relevant consideration exceeds £150,000; or
b
the instrument could not be certified under paragraph 4 of Schedule 13 to the Finance Act 1999 at £150,000 or under if that threshold were specified in the Table in that paragraph.
3
In paragraph (2)(a) “the relevant consideration” means —
a
in the case of a conveyance or transfer on sale, the consideration for the sale; and
b
in the case of a lease of land, any qualifying premium.
4
In this regulation “conveyance on sale” has the same meaning as in Part 1 of Schedule 13 to the Finance Act 1999 (see paragraph 1(2) of that Schedule).
Variation of stamp duty on such instruments
4
1
Neither —
a
section 92(1), nor
b
paragraph 1 of Schedule 30 (duty where land partly in disadvantaged area),
shall apply to an instrument to which this regulation applies.
2
Paragraph 3 of Schedule 30 (exclusion of land in such an area for the purposes of certification at a value) shall not apply where the transaction mentioned in sub-paragraph (1) of that paragraph is one effected by an instrument to which this regulation applies.
Restriction of amount of relief in the case of leases of land
5
Where section 92(1) or paragraph 1 of Schedule 30 applies in relation to a lease of land, it shall have effect only in relation to duty in respect of the amount or value of any qualifying premium (and, accordingly, does not affect the amount of duty chargeable under paragraph 12(3) of Schedule 13 to the Finance Act 1999 in respect of rent).
No relief from fixed duties
6
Neither section 92(1) nor paragraph 1 of Schedule 30 shall have effect in relation to stamp duty chargeable under —
a
paragraph 1 of the Table in paragraph 11 of Part 2 of Schedule 13 to the Finance Act 1999 (lease of furnished dwelling etc for less than a year at a rent exceeding £5,000);
b
paragraph 13 of that Part of that Schedule (leases not within paragraph 11 or 12); or
c
paragraph 16 of Part 3 of that Schedule (conveyance or transfer of property otherwise than on sale).
Contracts for sale and agreements for leases
7
1
The following provisions of Schedule 13 to the Finance Act 1999, namely —
a
paragraphs 7 to 9 of Part 1 (contracts or agreements chargeable as conveyances on sale), and
b
paragraphs 14 and 15 of Part 2 (agreement for a lease and lease for a fixed term and then until determined),
have effect in accordance with the preceding provisions of these Regulations.
2
Any other provision for stamp duty to be determined by reference to provisions of Part 1 or Part 2, or paragraph 16 of Part 3, of Schedule 13 to the Finance Act 1999 also has effect in accordance with the preceding provisions of these Regulations.
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2001


text:
Citation and interpretation
1
This Order may be cited as the Transport Act 2000 (Commencement No. 5) Order 2001.
Provisions coming into force on 1st April 2001
2
The following provisions of the Transport Act 2000 shall come into force on 1st April 2001 —
save for section 3, Part I to the extent it is not already in force, and
section 274, in so far as it relates to the entries in Part I of Schedule 31.
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
8th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Broadland Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
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 Broadland Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Broadland Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Norfolk Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period, for the purpose of enabling it to carry out its funcions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
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; and
c
liability for the remuneration of officers of the trust.
2
The Authority shall make officers of the Authority available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation and commencement
1
These Regulations may be cited as the Energy Efficiency (Ballasts for Fluorescent Lighting) Regulations 2001 and shall come into force on 21st May 2002.
Interpretation
2
1
In these Regulations, unless the context otherwise requires, expressions used which are also used in the Directive have the same meaning as in the Directive and —
“ballast” means a ballast to which these Regulations apply by virtue of regulation 3 (application);
“the Directive” means European Parliament and Council Directive 2000/55/ EC on energy efficiency requirements for ballasts for fluorescent lighting ;
“EC mark” means a mark consisting of the symbol “CE” as described and shown in Schedule 2;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 of the Weights and Measures Act 1985 (local weights and measures authorities) ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“European Standard EN 50294” and “European Standard EN 60920” mean the Standards of those designations issued by the European Committee for Electromechanical Standardisation in December 1998 and August 1991 respectively, the latter as amended by amendment A11 issued by the Committee in February 2000;
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“supplier” means the manufacturer of a ballast or his authorised representative in the Community or the person who places a ballast, either as a single component or incorporated into luminaires, on the Community market.
2
For the purposes of these Regulations compliance with an equivalent requirement of the legislation of another Member State constitutes sufficient compliance with the relevant requirement of these Regulations.
Application
3
1
Subject to paragraph (2), these Regulations shall apply to electric mains-operated ballasts for fluorescent lighting sources as defined in paragraph 3.4 of European Standard EN 50294.
2
These Regulations shall not apply to —
a
ballasts integrated into lamps;
b
ballasts designed specifically for luminaires to be mounted in furniture and which form a non-replaceable part of the luminaire which cannot be tested separately from the luminaire (according to paragraph 2.1.3 of European Standard EN 60920); and
c
ballasts to be exported from the Community, either as a single component or incorporated in luminaires.
Suppliers' duties in respect of ballasts
4
1
A supplier shall not place a ballast on the Community market unless —
a
the electricity consumption of the ballast is less than or equal to the maximum input power consumption for the category of ballast according to Schedule 1;
b
the ballast and any packaging bears the EC mark affixed in a visible, legible and indelible manner; and
c
where a ballast is incorporated in a luminaire, the luminaire and any packaging bears the EC mark affixed in a visible, legible and indelible manner.
2
The manufacturer of an appliance, or his authorised representative established within the Community, shall be responsible for establishing the ballast’s conformity with the requirements of paragraph (1)(a).
3
Unless there is evidence to the contrary, a ballast or luminaire bearing the EC mark required under paragraph (1)(b) or (c) shall be deemed to comply with these Regulations.
The EC declaration of conformity
5
1
The manufacturer of a ballast or his authorised representative established within the Community shall draw up a written declaration of conformity relating to the ballast, which attests that it has been assessed in accordance with Schedule 1 and conforms with the requirement of regulation 4(1)(a) and that Schedule.
2
No person shall issue a declaration of conformity in respect of a ballast unless the ballast complies with the requirements of these Regulations.
3
The supplier of a ballast shall keep a copy of the declaration of conformity with the technical documentation required by regulation 6 (duties in respect of technical documentation etc. ).
Duties in respect of technical documentation etc.
6
1
The manufacturer of a ballast shall establish technical documentation sufficient to allow an assessment of whether it conforms with the requirements of these Regulations.
2
So far as relevant to the assessment, the technical documentation shall cover the design, manufacture and operation of the ballast and shall comprise:
a
the name and address of the manufacturer;
b
a general description of the ballast, sufficient for it to be identified unambiguously;
c
information (including drawings as relevant) on the main design features of the ballast and, in particular, items which appreciably affect its energy consumption;
d
the operating instructions, if any;
e
the results of electricity consumption measurements carried out according to the procedures specified in European Standard EN 50294 ; and
f
details of the conformity of these measurements as compared to the energy consumption requirements set out in Schedule 1.
3
Technical documentation established for other Community legislation may be used in so far as it meets the requirements of this regulation.
4
The supplier shall keep the technical documentation, together with a copy of the declaration of conformity relating to the ballast, available for inspection by enforcement authorities for a period of not less than three years from the date on which the last such ballast has been manufactured.
5
The supplier shall furnish to an enforcement authority such of the technical documentation and the copy declaration of conformity as the authority requires by a notice issued pursuant to paragraph 6 of Schedule 3 (power of enforcement authority to require technical documentation etc.) by the time specified in the notice.
Misleading markings
7
No person shall affix, or cause to be affixed, to a ballast or, where a ballast is incorporated in a luminaire, to a luminaire or to any packaging of a ballast or incorporating luminaire —
a
an EC mark, where the appliance does not comply with regulation 4(1)(a) (electricity consumption of ballast to be less than or equal to maximum allowable);
b
a marking which would be likely to mislead another as to the meaning and form of the EC mark; or
c
any marking, object or substance which reduces the visibility or legibility of the EC mark.
Suppliers' duties in respect of non-conforming ballasts
8
1
Where a ballast or luminaire incorporating a ballast —
a
carries the EC mark, and
b
fails to conform to the requirements of these Regulations,
the supplier shall take all necessary steps to bring the ballast or luminaire into conformity with those requirements as soon as practicable.
2
Where the ballast or luminaire continues not to conform to the requirements of these Regulations, the supplier shall take all necessary steps to ensure its withdrawal from the market as soon as practicable.
Manufacturers' duties in respect of the manufacturing process
9
The manufacturer of an appliance shall take all measures necessary in order that the manufacturing process ensures that the appliance conforms to the technical documentation referred to in regulation 6 (duties in respect of technical documentation etc.) and with the requirements of these Regulations.
Breach of regulation 8 or 9
10
Breach of regulation 8 (suppliers' duties in respect of non-conforming ballasts) or 9 (manufacturers' duties in respect of the manufacturing process) shall be actionable by civil proceedings.
Enforcement and offences
11
1
Subject to paragraph (3), it shall be the duty of every enforcement authority to enforce these Regulations within its area.
2
Schedule 3 shall have effect with regard to offences, enforcement of these Regulations, and other matters.
3
Nothing in these Regulations shall authorise a local weights and measures authority in Scotland to bring proceedings in Scotland for an offence.
4
Where an enforcement authority takes a decision to institute civil proceedings pursuant to these Regulations which may result in a restriction on the placing on the market of a ballast or luminaire, the authority shall without delay inform —
a
the party affected and the Secretary of State of the decision and the precise grounds on which it is based, and
b
the party affected of the possibility and the time limits regarding legal remedies available to it in respect of the decision.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
3rd October 2001


text:
Citation
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 10) Order 2001.
Commencement
2
Section 254 of, and Schedule 21 to, the Greater London Authority Act 1999 shall, so far as not already in force, come into force on 7th November 2001.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
5th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations 2001 and shall come into force on 1st October 2004.
Interpretation
2
In these Regulations —
“ the Act ” means the Disability Discrimination Act 1995;
“binding obligation” means a legally binding obligation (not contained in a lease) in relation to premises whether arising from an agreement or otherwise;
“building” means an erection or structure of any kind;
“relevant lessor” means a lessor who has received a written application by or on behalf of the occupier for consent to make an alteration to premises for the purposes of section 27 of, and Part II of Schedule 4 to, the Act.
Duty of providers of services to make adjustments: reasonable steps
3
1
This regulation prescribes particular circumstances, for the purposes of section 21 of the Act, in which it is reasonable, and in which it is not reasonable, for a provider of services to have to take the steps specified in this regulation.
2
Where —
a
under any binding obligation a provider of services is required to obtain the consent of any person to an alteration to premises which he occupies, and
b
that alteration is one which, but for that requirement, it would be reasonable for the provider of services to have to make in order to comply with a duty under section 21 of the Act,
it is reasonable for the provider of services to have to request that consent; but it is not reasonable for him to have to make that alteration before that consent is obtained.
3
It is not reasonable for a provider of services to have to remove or alter a physical feature where the feature concerned —
a
was provided in or in connection with a building for the purpose of assisting people to have access to the building or to use facilities provided in the building; and
b
satisfies the relevant design standard.
4
The Schedule explains —
a
the meaning of “relevant design standard” for the purpose of paragraph (3)(b); and
b
the circumstances in which a physical feature is to be regarded as satisfying that standard.
Definition of sub-lease and sub-tenancy
4
For the purposes of section 27 of the Act —
“sub-lease” means any sub-term created out of, or deriving from, a superior leasehold interest; and
“sub-tenancy” means any tenancy created out of, or deriving from, a superior tenancy.
Lessor withholding consent
5
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 27 of, and Part II of Schedule 4 to, the Act to have withheld his consent for alterations to premises.
2
Subject to paragraph (3), a relevant lessor is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which he receives the application for consent, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
3
A relevant lessor is not to be taken to have withheld his consent for the purposes of paragraph (2) where —
a
the applicant fails to submit with the application such plans and specifications as it is reasonable for him to require before consenting to the alteration, and
b
within the period of 21 days beginning with the date on which he receives the application, he replies requesting the applicant to submit such plans and specifications.
4
However, where such plans and specifications are submitted to a relevant lessor in response to a request made in accordance with paragraph (3)(b), he shall be taken to have withheld his consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
5
A relevant lessor, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld his consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, he fails to inform the applicant in writing that he has received it.
6
A relevant lessor who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld his consent until such time as he so complies.
7
For the purposes of this regulation —
a
a relevant lessor is to be treated as not having sought another person’s consent unless —
i
he has applied in writing to that person indicating that —
aa
the occupier has applied for consent to the alteration of the premises in order to comply with a section 21 duty; and
bb
the relevant lessor has given his consent conditionally upon obtaining the other person’s consent; and
ii
he submits to that other person any plans and specifications which have been submitted to him;
b
“to reply” means to reply in writing.
Lessor withholding consent unreasonably
6
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 27 of, and Part II of Schedule 4 to, the Act to have acted unreasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are that the lease provides that he shall give his consent to an alteration of the kind in question and he has withheld his consent to that alteration.
Lessor withholding consent reasonably
7
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 27 of, and Part II of Schedule 4 to, the Act to have acted reasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are where —
a
i
there is a binding obligation requiring the consent of any person to the alteration;
ii
the relevant lessor has taken steps to seek that consent; and
iii
that consent has not been given, or has been given subject to a condition making it reasonable for him to withhold his consent; or
b
the relevant lessor does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make in order to comply with a section 21 duty.
Lessor’s consent subject to conditions
8
1
This regulation prescribes particular circumstances in which a condition, subject to which a relevant lessor has given his consent to alterations to premises, is to be taken, for the purposes of section 27 of, and Part II of Schedule 4 to, the Act to be reasonable.
2
The circumstances so prescribed are where the condition is to the effect that —
a
the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
the work must be carried out in accordance with any plans or specifications approved by the lessor;
c
the lessor must be permitted a reasonable opportunity to inspect the work (whether before or after it is completed);
d
the consent of another person required under a superior lease or a binding agreement must be obtained;
e
the occupier must repay to the lessor the costs reasonably incurred in connection with the giving of his consent.
Modification of section 27 and paragraphs 5 to 7 of Schedule 4
9
1
In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 27 of, and Part II of Schedule 4 to, the Act shall have effect as if they contained the following modifications.
2
In section 27(2), for “the lessor” substitute “his immediate landlord” where it occurs in sub-paragraphs (a) and (b) and “the immediate landlord” where it occurs in sub-paragraphs (c) and (d).
3
After section 27(2), insert the following subsection —
2A
Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the lessor and lessee who are parties to that superior lease as if it provided —
a
for the lessee to be entitled to give his consent to the alteration with the written consent of the lessor;
b
for the lessee to have to make a written application to the lessor for consent if he wishes to give his consent to the alteration;
c
if such an application is made, for the lessor not to withhold his consent unreasonably; and
d
for the lessor to be entitled to make his consent subject to reasonable conditions.
.
4
In paragraphs 5 and 6(1) of Schedule 4, for “the lessor” substitute “his immediate landlord”.
5
After paragraph 6(1) of Schedule 4, insert the following paragraph —
1A
Where the lessee of any superior lease in relation to the premises has applied in writing to his lessor for consent to the alteration and —
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions,
the occupier, lessee or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
.
6
In paragraphs 6(3) and 6(4) of Schedule 4, for “lessor's” substitute “immediate landlord's”.
7
In paragraph 7 of Schedule 4 —
a
in sub-paragraph (1), for “the lessor”, substitute “any lessor (including any superior landlord)”;
b
for sub-paragraph (2), substitute —
2
Unless it appears to the court that another lessor should be joined or sisted as a party to the proceedings, the request shall be granted if it is made before the hearing of the claim begins.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State
Department for Work and Pensions
26th September 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (No. 3) Regulations 2001; they extend to England and Northern Ireland and come into force on 9th March 2001 at 6.15 p.m.
2
The Regulations shall apply until midnight on 27th March 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Decision” means Commission Decision 2001/190/ EC amending Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/145/EC ;
“export” means export outside the British Islands;
“inspector” means a person appointed to be an inspector for the purposes of these Regulations by the Minister (in England), or the Department of Agriculture and Rural Development (in Northern Ireland) or a local authority, and includes a veterinary inspector;
“ HACCP ” means Hazard Analysis at Critical Control Points, which is a system in which the critical points of manufacturing process have been identified, assessments have been made of the potential risks at those points, and necessary steps have been taken to minimise those risks;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
in any part of England where there is not a unitary authority;
in a metropolitan district, the council of that district;
in a non-metropolitan county, the council of that county;
in each London borough (except in relation to imported animals) the council of that borough; or
in the City of London, and for all London boroughs in relation to imported animals, the Common Council;
“meat products” means meat products as defined in Article 2 of Council Directive 77/99/ EEC on health problems affecting the production and marketing of meat products and certain other product of animal origin ;
“Minister” means the Minister of Agriculture, Fisheries and Food;
“milk” and “milk products” have the meaning given in Article 2 of Council Directive 92/46/EC (laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products ;
“veterinary inspector” means a person appointed as a veterinary inspector by the Minister (in England) or the Department of Agriculture and Rural Development (in Northern Ireland).
Import and export of live animals
3
1
No person shall export any live animal of the bovine, ovine, caprine or porcine species or any other biungulate.
2
By way of derogation from the preceding paragraph, the Minister (in England) or the Department of Agriculture and Rural Development (in Northern Ireland) may by licence in writing authorise the export of biungulate animals originating outside the United Kingdom if the animals travelled through the United Kingdom in direct and uninterrupted transit on main roads or by rail or sea.
3
No person shall import any live animal of species susceptible to foot-and-mouth disease into England or Northern Ireland from another member State.
Export of fresh meat
4
1
No person shall export any fresh meat of animals of the bovine, ovine, caprine or porcine species or other biungulate.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
fresh meat obtained before 1st February 2001 provided that the meat is clearly identified and since that date has been transported and stored separately from meat which is not destined for dispatch outside the United Kingdom; or
b
fresh meat obtained from cutting plants situated in the United Kingdom under the following conditions —
i
the only meat processed in the establishment is fresh meat described in sub-paragraph (a); fresh meat from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter; or fresh meat from animals reared and slaughtered outside the United Kingdom;
ii
all the meat must bear the health mark in accordance with Chapter XI of Annex I to Council Directive 64/433/EEC (on animal health problems affecting intra-Community trade in fresh meat );
iii
the plant is operated under strict veterinary control; and
iv
the meat is clearly identified and transported and stored separately from meat which is not destined for export.
3
Meat consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of meat products
5
1
No person shall export meat products of animals of the bovine, ovine, caprine or porcine species or any other biungulate coming from the United Kingdom.
2
The prohibition in paragraph (1) shall not apply to meat products which have undergone one of the treatment laid down in Article 4(1) of Council Directive 80/215/EEC (on animal health problems affecting intra-Community trade in meat products ), or to meat products as defined in Council Directive 77/99/EEC which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6.
3
The prohibition in paragraph (1) shall not apply to —
a
meat products prepared from meat derived from biungulate animals slaughtered before 1st February 2001 provided that the meat products are clearly identified and since that date have been transported and stored separately from meat products which are not destined for export; or
b
meat products prepared in establishments under the following conditions —
i
all fresh meat used in the establishment must be from animals reared outside the United Kingdom, transported directly and under official control in sealed means of transport to a slaughterhouse for immediate slaughter;
ii
all meat products used in the final product must conform to the conditions in sub-paragraph (a) or be made from fresh meat obtained from animals reared and slaughtered outside the United Kingdom;
iii
all meat products must bear the health mark in accordance with Chapter VII of Annex A to Directive 77/99/EEC ;
iv
the establishment must be operated under strict veterinary control; and
v
the meat products must be clearly identified and transported and stored separately from meat and other meat products which are not destined for export.
4
Meat products consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Meat products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to meat products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk
6
1
No person shall export milk.
2
The prohibition in paragraph (1) shall not apply to milk which has been subjected to at least —
a
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex 1 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 1989/662/EEC and, as regards pathogens, to Directive 1990/425/EEC followed by a second heat treatment by high temperature pasteurisation, UHT sterilisation or by a drying process which includes a heat treatment with an equivalent effect to one of the above; or
b
an initial pasteurisation in accordance with the norms defined in paragraph 3(b) of Chapter 1 in Annex I to Council Directive 92/118/EEC , combined with treatment by which the pH is lowered below 6 and held there for at least one hour.
3
The prohibition in paragraph (1) shall not apply in relation to milk prepared in establishments situated in the United Kingdom under the following conditions —
a
all milk used in the establishment must either conform to the conditions of paragraph (2) or be obtained from animals outside the United Kingdom;
b
the establishment must be operated under strict veterinary control;
c
the milk must be clearly identified and transported and stored separately from milk and milk products which are not destined for export; and
d
transport of raw milk from outside the United Kingdom to the establishment must be carried out in vehicles which were cleansed and disinfected prior to operation and had no subsequent contact with holdings in the United Kingdom keeping animals of species susceptible to foot-and-mouth disease.
4
Milk consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk which conforms to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12 and the milk either —
a
is consigned in hermetically sealed containers, or
b
has been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of milk products
7
1
No person shall export milk products.
2
The prohibition in paragraph (1) shall not apply in relation to —
a
milk products produced before 1st February 2001;
b
milk products prepared from milk which complies with paragraphs (2) or (3) of regulation 6; and
c
milk products subjected to heat treatment at a temperature of at least 70°C for 15 seconds or an equivalent treatment.
3
The prohibitions described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishments will either conform to the conditions of regulation 6(2) or be obtained from animals outside the United Kingdom;
b
all milk products used in the final product will either conform to the conditions of paragraph (2) or be made from milk obtained from animals outside the United Kingdom;
c
the establishment shall be under strict veterinary control; and
d
the milk products must be clearly identified and transported and stored separately from milk and milk products which are not destined for export.
4
Milk products consigned to another member State shall be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate which bears the following words —
Milk products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to milk products which conform to the requirements of paragraph (2) if such compliance is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12, and the milk products either —
a
are consigned in hermetically sealed containers, or
b
have been processed in an establishment operating HACCP and an auditable standard operating procedure which ensures that standards for treatment are met and recorded.
Export of semen, etc.
8
1
No person shall export semen, ova or embryos of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to frozen bovine semen and embryos produced before 1st February 2001.
3
The health certificate provided for in Council Directive 88/407/EEC (laying down the animal health requirements applicable to intra-Community trade in and imports of deep-frozen semen of domestic animals of the bovine species ) accompanying frozen bovine semen consigned to another member State shall bear the following words —
Frozen bovine semen conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
The health certificate provided for in Council Directive 89/556/EEC (on animal health conditions governing intra-Community trade in and importation from third countries of embryos of domestic animals of the bovine species accompanying bovine embryos consigned to another member State shall bear the following words —
Bovine embryos conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
Export of hides and skins
9
1
No person shall export hides and skins of animals of the bovine, ovine, caprine and porcine species and other biungulates.
2
The prohibition in paragraph (1) shall not apply in relation to hides and skins which were produced before 1st February 2001 or which conform to the requirements of paragraph 1(A) indents 2 to 5 or paragraph 1(B), indents 3 and 4 of Chapter 3 of Annex 1 to Directive 92/118/EEC if treated hides and skins are separated effectively from untreated hides and skins.
3
Hides and skins consigned to another member State must be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating —
Hides and skins conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
4
Paragraph (3) shall not apply to hides and skins which conform to the requirements of either
a
paragraph 1A indents 2 to 5 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC ; or
b
paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Council Directive 92/118/EEC ,
if compliance with those conditions is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 12.
Export of animal products
10
1
No person shall export animal products of the bovine, ovine, caprine and porcine species and other biungulates not otherwise mentioned in these Regulations produced after 1st February 2001.
2
No person shall export dung or manure.
3
The prohibition in paragraph (1) shall not apply in relation to —
a
animal products which have been subjected to —
i
heat treatment in a hermetically sealed container with a Fo value of 3,000 or more; or
ii
heat treatment in which the centre temperature is raised to at least 70°C;
b
blood and blood products as defined in chapter 7 of Annex I to Council Directive 92/118/EEC which have been subjected to —
i
heat treatment at a temperature of 65°C for at least three hours followed by an effectiveness check;
ii
irradiation at 2.5 megarads or gamma rays followed by an effectiveness check; or
iii
change of pH to pH5 or lower for at least two hours, followed by an effectiveness check;
c
lard and rendered fats which have been subjected to the heat treatment prescribed in paragraph 2(A) of Chapter 9 of Annex I to Council Directive 92/118/EEC ;
d
animal casings to which the provisions of paragraph B Chapter 2 of Annex I to Council Directive 92/118/EEC apply adapted as necessary to suit the case;
e
sheep wool, ruminant hair and pigs' bristles which have undergone factory washing or have been obtained from tanning and unprocessed sheep wool, ruminant hair and pigs' bristles which are securely enclosed in packaging and dry;
f
semi-moist dried petfood conforming to requirements of paragraphs 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ;
g
composite products which are not subjected to further treatment containing products of animal origin on the understanding that the treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these Regulations; or
h
game trophies in accordance with paragraph 2(b) of Part B of Chapter 13 to Annex I to Council Directive 92/118/EEC .
4
The animal products must be accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating —
Animal products conforming to Commission Decision 2001/172/EC of 1st March 2001 concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom
.
5
Paragraph (4) shall not apply to products specified in sub-paragraphs (b), (c) or (d) of paragraph (3) which have a commercial document required under the Products of Animal Origin (Import and Export) Regulations 1996 endorsed in accordance with regulation 12 of these Regulations.
6
Paragraph (4) shall not apply to products specified in sub-paragraphs (e) of paragraph (3) which are accompanied by a commercial document stating compliance with the conditions laid down in paragraphs (2) and (4) of Chapter 15 of Annex I to Council Directive 92/118/EEC .
7
Paragraph (4) shall not apply to products specified in sub-paragraph (g) of paragraph (3) which have been produced in an establishment operating HACCP and an auditable standard operating procedure which ensures that pre-processed ingredients comply with the requirements of these Regulations and they have a commercial document endorsed in accordance with regulation 12.
Exemptions
11
The prohibitions in regulations 5, 6, 7 and 10 shall not apply in relation to —
a
products produced and packaged outside the United Kingdom if the packaging indicates the country of origin and they remain in their original packaging; or
b
products which are —
i
produced in an establishment approved by the Minister (or in Northern Ireland and Department of Agriculture and Rural Development) from pre-processed products originating outside the United Kingdom which, since introduction into the United Kingdom have been transported, stored and processed separately from products not destined for export; and
ii
accompanied by a commercial document or official certificate as required by these regulations.
Endorsement of commercial documents
12
1
Where reference is made to a commercial document being endorsed in accordance with this regulation, the document must have attached to it an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate stating that the production process has been audited and found to be in accordance with these Regulations and suitable to destroy the foot-and-mouth disease virus or that the products concerned have been produced from pre-processed materials which have been certified accordingly and that provisions are in place to avoid possible re-contamination with the foot-and-mouth disease virus after treatment.
2
The certificate shall bear a reference to the Decision, shall be valid for 30 days, shall state the expiry date and shall be renewable after inspection of the establishment.
Third country certificates
13
No person shall export anything to which these Regulations apply to a third country unless the consignment is accompanied by an official certificate prepared by the Minister (or in Northern Ireland the Department of Agriculture and Rural Development) and signed by a person appointed as an officer of the kind specified in the certificate certifying compliance with the Regulations.
Powers of inspectors
14
1
An inspector shall, on producing, if required to do so, some duly authenticated document showing his authority, have the right at all reasonable hours to enter any land or premises for the purposes of ascertaining whether there is or has been on the premises any contravention of these Regulations; and in this Regulation “premises” includes any place, installation, vehicle (including any container, trailer, semi-trailer, caravan or other thing which is designed or adapted to be towed by another vehicle), train, ship, vessel, boat, craft, hovercraft or aircraft.
2
An inspector shall have powers to carry out all checks and examinations necessary for the enforcement of the Decision, and in particular may —
a
carry out inspections of any processes used for the marking and identification of animals, any premises and any installation;
b
examine documentary or data processing material relevant to the checks carried out under these Regulations; and
c
take with him a representative of the European Commission acting for the purposes of the Decision.
Powers of customs officers
15
A customs officer may detain any vehicle or vessel for as long as is reasonably necessary to enable an inspector to exercise a power under these Regulations.
Illegal consignments
16
1
Where an inspector knows or suspects that animals or animal products are intended for export and do not comply with the requirements of these Regulations he may serve a notice on the person in charge of the consignment prohibiting the export of the animals or products in the consignment until he is satisfied that the animals or products comply with the Regulations.
2
No person shall export anything subject to a notice served under this regulation unless it has been revoked.
3
A notice under this section shall be in writing, may be subject to conditions and may be amended or revoked by further notice in writing at any time.
Obstruction
17
1
No person shall —
a
intentionally obstruct any person acting in the execution of these Regulations;
b
without reasonable cause, fail to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require for the purposes of his functions under these Regulations, or
c
furnish any person acting in the execution of these Regulations any information which he knows to be false or misleading.
2
Nothing in paragraph (1)(b) above shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences by bodies corporate
18
1
Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of —
a
any director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
he as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.
2
For the purposes of paragraph (1) above, “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Penalties
19
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 17(1)(a) or (b) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
3
A person guilty of any other offence under these Regulations shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Certificates, etc issued in Wales or Scotland
20
Where these Regulations require any certificate, licence or approval to be issued or granted by the Minister or the Department of Agriculture and Rural Development, an equivalent certificate, licence or approval issued in Wales or Scotland by the relevant competent authority is valid.
Enforcement
21
In England these Regulations shall be enforced by the Minister or the local authority, and in Northern Ireland they shall be enforced by the Department of Agriculture and Rural Development.
Revocation
22
The Import and Export Restrictions (Foot-and-Mouth Disease) (No. 2) Regulations 2001 are revoked.
Hayman
Minister of State Ministry of Agriculture, Fisheries and Food
9th March 2001 at 6.10 pm


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Braintree (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Braintree;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Braintree (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; andany reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Braintree
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Braintree
3
1
The ordinary elections of all councillors of the district of Braintree shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Feering
4
The parish of Feering shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Halstead
5
1
The existing wards of the parish of Halstead shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Holy Trinity North, Holy Trinity South, St Andrew’s North and St Andrew’s South; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Holy Trinity North parish ward shall be two, for the St Andrew’s North parish ward shall be four, and for each of the Holy Trinity South and the St Andrew’s South parish wards shall be three.
Wards of the parish of Witham
6
1
The existing wards of the parish of Witham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
7
The District of Braintree (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of Statefor Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport,Local Government and the Regions
4th July 2001


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