text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Income Tax (Interest Payments) (Information Powers) (Amendment) Regulations 2001 and shall come into force on 9th March 2001.
2
These Regulations shall have effect in relation to payments of interest made, credited or received on or after 6th April 2001 including, so far as concerns regulation 7, dividends or other amounts treated as interest by section 18(3E) to (3G) of the Taxes Management Act 1970.
Amendments to the Income Tax (Interest Payments) (Information Powers) Regulations 1992
2
Amend the Income Tax (Interest Payments) (Information Powers) Regulations 1992 in accordance with the following provisions of these Regulations.
3
In regulation 2 —
a
after the definition of “the Board” insert the following definition —
“ Building Societies Regulations ” means the Income Tax (Building Societies) (Dividends and Interest) Regulations 1990 ;
;
b
in the definition of “payment” after the word “interest” insert “(including, in relation to a building society, a payment of a dividend in respect of a share in the building society)”.
4
For regulation 3 substitute the following regulation —
Disapplication of section 17(1) and section 18(1)
3
1
In the cases prescribed by paragraph (2), a notice under section 17(1) shall not require information.
2
The cases prescribed are —
a
a payment in respect of a certificate of deposit within the meaning given by section 56(5) of the Taxes Act;
b
a payment in respect of an investment held by a branch of a person to whom a notice under section 17(1) is issued, where the branch is situated in a territory other than the United Kingdom;
c
a payment falling within regulation 6(2)(ba) in respect of which the information that the notice under section 17(1) shall not require is the name and address of the person to whom the interest was paid or credited, if other than the person beneficially entitled to the interest;
d
a payment in respect of an account which is a tax exempt special savings account for the purposes of section 326A of the Taxes Act ;
e
a payment in respect of an investment under a plan provided for by regulations made under section 333 of the Taxes Act ;
f
any other payment not falling within any of sub-paragraphs (a) to (e) which is specified in the notice under section 17(1) as being a payment in respect of which information is not required.
3
In the cases prescribed by paragraph (4), a notice under section 18(1) shall not require information.
4
The cases prescribed are —
a
any amount to which a person holding a relevant discounted security is entitled on the redemption of that security, where the amount is paid or received on or before 5th April 2002;
b
a foreign dividend paid or received on or before 5th April 2002;
c
a payment to or a receipt for a person other than an individual (in whatever capacity the individual is acting), except where the case also falls within regulation 5 or regulation 6(2)(ba) or (3)(d);
d
a payment information on which is required by a notice under section 17(1) or which is excluded from a notice under section 17(1) by virtue of paragraph (2) above;
e
a payment made in respect of a deposit held at a branch of a person to whom a notice under section 18(1) is issued, where the branch is situated in a territory other than the United Kingdom;
f
a payment falling within regulation 6(2)(ba) or (3)(d) in respect of which the information that the notice under section 18(1) shall not require is the name and address of the person to whom the interest was paid or credited, if other than the person beneficially entitled to the interest;
g
a payment in respect of an account which is a tax exempt special savings account for the purposes of section 326A of the Taxes Act;
h
a payment in respect of an investment under a plan provided for by regulations made under section 333 of the Taxes Act;
i
any other payment not falling within any of sub-paragraphs (a) to (h) which is specified in the notice under section 18(1) as being a payment in respect of which information is not required.
5
In paragraph (4) —
a
“relevant discounted security” has the meaning given by paragraph 3 of Schedule 13 to the Finance Act 1996 ;
b
“foreign dividend” means a “foreign dividend” within the meaning given by section 18(3G) of the Management Act other than interest.
.
5
In regulation 4 —
a
in paragraph (1) after “6(2)”, in the second place where it occurs, add “and (3)”;
b
omit paragraphs (3) and (4).
6
In regulation 5(1) for the words “regulation 4” substitute “regulations 3 and 4”.
7
1
Amend regulation 6 as follows.
2
In paragraph (1) for the words “which, subject to regulation 4,” substitute “relating to payments in respect of deposits which, subject to regulations 3 and 4,”.
3
After paragraph (1) insert the following paragraph —
1A
Paragraph (3) prescribes the further information relating to payments and receipts of interest other than payments in respect of deposits which, subject to regulations 3 and 4, is to be furnished with section 18 information.
.
4
In paragraph (2) —
a
in sub-paragraph (b) omit “each of whom was beneficially entitled to the payment”;
b
after sub-paragraph (b) insert the following sub-paragraphs —
ba
where the payment was made without deduction of tax by virtue of a declaration made after 5th April 2001 under section 481(5)(k)(i) of the Taxes Act —
i
the name and principal residential address of the individual beneficially entitled to the payment or, if more than one, of each individual beneficially entitled to the payment; or
ii
where the person beneficially entitled to the payment is a Scottish partnership, all the partners in which are individuals, the name and principal residential address of each of the partners;
bb
in a case falling within sub-paragraph (ba), notification of the fact that the account in respect of which the payment was made was one in respect of which a declaration had been made as mentioned in that sub-paragraph;
.
5
After paragraph (2) add the following paragraphs —
3
The further information prescribed by this paragraph is —
a
identification of the security or investment in respect of which the payment was made or received;
b
where the payment or receipt was in a currency other than sterling and the amount of the payment or receipt is recorded in that currency as part of section 18 information, notification of the fact that the amount is so recorded and specification of the currency concerned;
c
where the payment was made to, or the receipt was for, two or more persons, notification of that fact and, if known, the number of such persons;
d
where the payment was made without deduction of tax by virtue of a declaration made under —
i
section 468O(1)(a) of the Taxes Act (interest distribution by authorised unit trust — residence condition of unit holder), or
ii
regulation 3 of the Open-ended Investment Companies (Tax) Regulations 1997 taken together with section 468O(1)(a) of the Taxes Act (interest distribution by open-ended investment company — residence condition of owner of share in open-ended investment company),
the name and principal residential address of the person beneficially entitled to the payment or, if more than one, of each person beneficially entitled to the payment;
e
in a case falling within sub-paragraph (d), notification of the fact that the unit holder or, as the case may be, the owner of a share was a person in respect of whom a declaration had been made as mentioned in that sub-paragraph.
4
In paragraph (1A) the reference to “interest” includes a reference to a dividend or other amount treated as interest by virtue of subsection (3E), read with subsections (3F) and (3G), of section 18 of the Management Act .
.
8
After regulation 6 insert the following regulation —
Further information — section 17 return — form of information
6A
Where a notice under section 17(1) —
a
requires a section 17 return to be made, or
b
specifies the further information prescribed by regulations 5(3) and 6(2) and requires it to be contained in the return, and
c
the notice specifies the form in which the return is to be made and delivered,
the return shall be made and delivered in that form.
.
9
In regulation 7 —
a
For the heading substitute —
Further information — section 18 information — form of information
;
b
after “6(2)” insert “and (3)”.
10
After regulation 7 add the following regulations —
Information to be provided to the Board — section 17 notice
8
The Board may by notice require a person to furnish them within such time, not being less than 14 days, as may be provided by the notice, such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purposes of determining whether information contained in a section 17 return by that person by virtue of a notice under section 17(1) was correct and complete.
Information to be provided to the Board — section 18 notice
9
The Board may by notice require a person to furnish them within such time, not being less than 14 days, as may be provided by the notice, such information (including copies of any relevant books, documents or other records) as they may reasonably require for the purposes of determining whether information furnished to the inspector by virtue of a notice under section 18(1) was correct and complete.
Inspection of records
10
A person required to make and deliver a section 17 return or to furnish information by virtue of a notice under section 18(1) shall, whenever required to do so within the period specified in regulation 11(2), make available for inspection by an officer of the Board authorised for that purpose, at such time as that officer may reasonably require, all such copies of books, documents or other records in his possession or under his control as may be required by the Board under regulation 8 or, as the case may be, regulation 9.
Retention of records
11
1
A person required to make and deliver a section 17 return or to furnish information by virtue of a notice under section 18(1) shall retain, for the period specified in paragraph (2), all such books, documents and other records copies of which he may be required to make available for inspection under regulation 10.
2
The period specified is the period of two years beginning immediately after the end of the year to which the notice under section 17(1) or 18(1) relates.
3
Paragraphs (1) and (2) are without prejudice to the following provisions —
a
regulations 11(7) and 15(2) of the Building Societies Regulations;
b
regulation 12(2) of the Deposit-takers Regulations ;
c
regulation 8 of the Income Tax (Deposit-takers) (Non-residents) Regulations 1992 ;
d
regulation 8 of the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 1994 .
Use of information
12
1
Subject to paragraph (2), information obtained by the Board under regulations 8 to 10 —
a
shall not be used for the purpose of ascertaining the tax liability (if any) of any person other than —
i
a person beneficially entitled to a payment to whom the information obtained relates, and
ii
the person by whom the payment was made or received; and
b
shall otherwise be used only for the purposes of —
i
section 17 or 18 of the Management Act and these Regulations,
ii
the provisions of Chapter IV of Part XII of the Taxes Act relating to the deduction of tax from payments by building societies and deposit-takers,
iii
the Building Societies Regulations,
iv
the Deposit-takers Regulations, and
v
the Income Tax (Authorised Unit Trusts) (Interest Distributions) Regulations 1994.
2
Paragraph (1) shall not be construed as preventing any disclosure of information within section 182(5) of the Finance Act 1989 .
.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
15th February 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Colchester (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any elections of the parish councillors for the parishes of Myland, Stanway, Tiptree and Wivenhoe on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Colchester;
“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 Borough of Colchester (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Colchester
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-seven 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 the borough of Colchester
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, 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 Myland
4
The parish of Myland shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough 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 Stanway
5
The parish of Stanway shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough 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 Tiptree
6
1
The existing wards of the parish of Tiptree shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Church, Grove, Heath and Maypole; 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 each of the Church and Grove parish wards shall be three, for the Heath parish ward shall be four, and the Maypole parish ward shall be five.
Wards of the parish of Wivenhoe
7
The parish of Wivenhoe shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough 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.
Parish Elections
8
1
The ordinary election of parish councillors for the parish of Copford with Easthorpe in 2002 shall not take place; and any such parish councillor holding office immediately before 6th May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
2
The ordinary election of parish councillors for the parish of Langham in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date, shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
3
Elections of all parish councillors for the parishes of Abberton, Birch, East Mersea, Fingringhoe, Great Wigborough, Langenhoe, Layer-de-la-Haye, Little Wigborough, Messing-cum-Inworth, Peldon, Salcott and Virley shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
4
Elections of all parish councillors for the parishes of Aldham, Boxted, Copford with Easthorpe, Fordham, West Bergholt and Wormingford shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
5
Elections of all parish councillors for the parishes of Dedham, East Donyland, Langham and Marks Tey shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
6
The term of office of any parish councillor to whom paragraphs (3) to (5) of this article applies shall be four years; and those parish 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.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occuring before 3rd May 2003 in the office of a parish councillor for the parish of Copford with Easthorpe as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 3rd May 2003.
8
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2004 in the office of a parish councillor for the parish of Langham as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004.
Revocation
9
The Borough of Colchester (Electoral Arrangements) Order 1975 and the Borough of Colchester (Electoral Arrangements) Order 1989 are 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 Governmentand the Regions
4th July 2001


text:
Citation and commencement
1
This Order may be cited as the Isles of Scilly (Primary Care) Order 2001 and shall come into force on 2nd March 2001.
Application of the National Health Service (Primary Care) Act 1997 to the Isles of Scilly
2
The National Health Service (Primary Care) Act 1997 shall extend to the Isles of Scilly.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
17th February 2001


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001.
2
This regulation, regulations 2 and 14 shall come into force on 4th June 2001, except that regulation 2(1)(b) shall not have effect until the date of the coming into force of the Decision by the EEA Joint Committee by which the application of the Directive is extended to the EEA.
3
The remaining regulations shall come into force on 3rd July 2001.
4
The Construction Plant and Equipment (Harmonization of Noise Emission Standards) Regulations 1985 , the Construction Plant and Equipment (Harmonisation of Noise Emission Standards) Regulations 1988 , the Lawnmowers (Harmonization of Noise Emission Standards) Regulations 1992 and the Construction Plant and Equipment (Noise Emission) Regulations (Northern Ireland) 1987 are revoked with effect from 3rd January 2002.
Interpretation
2
1
In these Regulations —
a
“the Directive” means Directive 2000/14/ EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors ;
b
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA, and a reference to a member State includes a reference to an EEA State: for this purpose —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; and
c
unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference —
i
to a paragraph in a regulation is a reference to a paragraph in that regulation;
ii
to an Annex is a reference to an Annex of the Directive: for the purposes of these Regulations, Annexes I, II , III , IV , V, VI , VII and VIII are respectively set out in Schedules 4, 5, 6, 7, 8, 9, 10 and 11;
iii
to a paragraph in an Annex is a reference to a paragraph in that Annex as set out in the relevant Schedule;
iv
to an Article is a reference to an Article of the Directive.
2
In these Regulations, unless the context otherwise requires —
“CE marking” means the CE marking referred to in regulation 11 consisting of the initials “CE” in the form shown in Schedule 7;
“the Commission” means the Commission of the European Communities;
“enforcement authority” shall be construed in accordance with paragraph 1(1) of Schedule 13;
“equipment” means equipment for use outdoors;
“equipment for use outdoors” means all machinery defined in Article 1(2) of Directive 98/37/EC of the European Parliament and of the Council of 22nd June 1998 on the approximation of the laws of the Member States relating to machinery , that is to say;
an assembly of linked parts or components, at least one of which moves, with the appropriate actuators, control and power circuits, and so on, joined together for a specific application, in particular for the processing, treatment, moving or packaging of a material, or
an assembly of machines which, in order to achieve the same end, are arranged and controlled so that they function as an integral whole, or
interchangeable equipment modifying the function of a machine, which is placed on the market for the purpose of being assembled with a machine or a series of different machines or with a tractor by the operator himself insofar as this equipment is not a spare part or a tool;
which is either self-propelled or can be moved and which, irrespective of the driving element(s), is intended to be used, according to its type, in the open air and which contributes to environmental noise exposure, including non-powered equipment for industrial or environmental applications which is intended, according to its type, to be used outdoors and which contributes to environmental noise exposure;
“indication of the guaranteed sound power level” means the indication referred to in regulation 11 in the form shown in Schedule 7;
“open air” includes the use of equipment in an ambience where the transmission of sound is not or not significantly affected (for instance, under tents, under roofs for protection against rain or in the shell of houses);
“responsible person” means
the manufacturer;
the manufacturer’s authorised representative established in the Community; or
where neither the manufacturer nor his authorised representative is established in the Community, the person placing the equipment on the market or putting it into service in the Community;
“guaranteed sound power level” means a sound power level determined in accordance with the requirements laid down in Schedule 6 which includes the uncertainties due to production variation and measurement procedures and where the responsible person confirms that according to the technical instruments applied and referred to in the technical documentation it is not exceeded;
“measured sound power level” means a sound power level as determined from measurements as laid down in Schedule 6; measured values may be determined either from a single machine representative for the type of equipment or from the average of a number of machines;
“notified body” shall be construed in accordance with regulation 13;
“sound power level L WA ” means the A-weighted sound power level in dB in relation to 1pW as defined in EN ISO 3744: 1995 and EN ISO 3746: 1995 .
Application
3
1
Subject to regulations 4, 5 and 6, these Regulations shall apply to equipment listed in Schedules 1 and 2, as further defined in Schedule 4.
2
These Regulations shall apply, and the provisions of paragraphs 1.5.8 and 1.7.4(f) of Schedule 3 to the Supply of Machinery (Safety) Regulations 1992 shall not apply, to any equipment listed in Schedules 1 and 2, as further defined in Schedule 4.
Excluded equipment
4
These Regulations shall not apply to —
a
non-powered attachments separately placed on the market or put into service except for hand-held concrete breakers and picks and those for hydraulic hammers;
b
all equipment primarily intended for the transport of goods or persons by road or rail or by air or on waterways; or
c
equipment specially designed and constructed for military and police purposes and for emergency services.
5
These Regulations shall not apply to equipment placed on the market before 3rd July 2001.
6
1
Subject to paragraph (2), these Regulations shall not apply to equipment placed on the market or put into service on or before 2nd January 2002 which comply with any provisions with which they would have been required to comply for them to be placed on the market in the United Kingdom on 2nd July 2001.
2
The exclusion provided in paragraph (1) shall not apply in the case of equipment which —
a
unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused with it; or
b
bears or is accompanied by any other indication, howsoever expressed, that it complies with the Directive.
General duty relating to placing on the market or putting into service
7
1
Subject to regulation 8, no person, who is a responsible person, shall place on the market or put into service any equipment listed in Schedules 1 and 2 and further defined in Schedule 4 unless the requirements of paragraph (2) have been complied with in relation to it.
2
The requirements in respect of equipment described in paragraph (1) are that:
a
it satisfies the relevant requirements set out in regulation 8;
b
the appropriate conformity assessment procedure referred to in regulation 10 has been completed in relation to it;
c
it bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 11; and
d
it is accompanied by an EC declaration of conformity the minimum content of which is set out in Schedule 5.
3
In respect of equipment to be placed on the market or put into service in the United Kingdom, the declaration of conformity shall be in English.
4
A specimen of the declaration of conformity shall be retained by the responsible person for 10 years from the date on which the type of equipment was last manufactured, together with the technical documentation as provided for in Schedule 8 point 3, Schedule 9 point 3, Schedule 10 point 2, and Schedule 11 points 3.1 and 3.3.
5
Type-examination certificates issued and measurements of equipment carried out under the Regulations listed in regulation 1(4) may be used in drawing up the technical documentation referred to in paragraph (4) above.
6
Paragraph (1) shall only apply to equipment that is placed on the market or put into service as an entire unit suitable for the intended use of that equipment.
Permissible sound power level of equipment
8
1
The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 1 and defined in Schedule 4 are that the guaranteed sound power level does not exceed the applicable permissible sound power level as laid down in the table set out in Schedule 3 and as calculated in accordance with the provisions in Schedule 6.
2
The sound power levels in the column headed “Stage I” of the table set out in Schedule 3 shall apply from 3rd January 2002 and those in the column headed “Stage II” of the said table shall apply from 3rd January 2006.
3
The requirements concerning noise emission in the environment in the case of equipment listed in Schedule 2 and defined in Schedule 4 are that the guaranteed sound power level shall be marked on the equipment.
Exceptions to placing on the market and putting into service of certain equipment
9
For the purposes of regulation 7, equipment shall not be regarded as being placed on the market or put into service —
a
where that equipment —
i
will be put into service in a country outside the Community; or
ii
is imported into the Community for re-export to a country outside the Community,
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto; or
b
by the showing at trade fairs, exhibitions, demonstrations and similar events, of that equipment in respect of which the provisions of these Regulations are not satisfied if —
i
a visible sign clearly indicates that —
aa
such equipment does not conform; and
bb
it is not placed on the market or put into service until it has been brought into conformity by the responsible person; and
ii
adequate safety measures are taken during demonstrations to ensure the protection of persons.
Conformity assessment procedures
10
For the purposes of regulation 7(2)(b), the appropriate conformity assessment procedure is:
a
for equipment listed in Schedule 1 and defined in Schedule 4, one of the procedures set out in Schedule 9, 10 or 11; or
b
for equipment listed in Schedule 2 and defined in Schedule 4, the procedure set out in Schedule 8.
CE marking and indication of the guaranteed sound power level
11
1
The CE marking shall be accompanied by the indication of the guaranteed sound power level.
2
The CE marking and the indication of the guaranteed sound power level shall be affixed in a visible, legible and indelible form to each item of equipment.
3
Subject to paragraph (4), where the equipment is subject to other directives covering other aspects which provide for the affixing of the CE marking, the latter shall indicate that the equipment in question is also presumed to conform to the provisions of those other directives.
4
Where one or more of the other directives referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements to apply, the CE marking shall indicate conformity only with the directives applied by the manufacturer, and in this case, particulars of the directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directives and accompanying the equipment.
5
The affixing of markings or inscriptions on equipment which are likely to be misleading as to the meaning or form of the CE marking or to the indication of the guaranteed sound power level is prohibited.
6
Any other marking may be affixed to equipment provided that the visibility and legibility of the CE marking and the indication of the guaranteed sound power level is not thereby reduced.
Provision of data
12
A copy of the declaration of conformity shall be sent by the responsible person to the Secretary of State at the Department of Trade and Industry at such address as he shall from time to time require and to the Commission within 28 days of placing the equipment on the market.
Notified Bodies
13
For the purposes of these Regulations, a notified body is a body which has been appointed to carry out one or more of the conformity assessment procedures mentioned or referred to in regulation 10 and which has been —
a
appointed as a notified body in the United Kingdom pursuant to regulation 14; or
b
appointed by a member State other than the United Kingdom, and has been notified by the member State concerned to the Commission and the other member States pursuant to Article 15 of the Directive.
14
1
The Secretary of State may from time to time appoint such persons as he thinks fit to be notified bodies for the purposes of these Regulations.
2
An appointment —
a
may relate to all descriptions of equipment or such descriptions (which may be framed by reference to any circumstances whatsoever) of equipment as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, and such conditions may include conditions which are to apply upon or following termination of the appointment;
c
shall, without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the responsible person duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 90 days' notice in writing to the Secretary of State, at the request of the notified body; and
e
may be terminated if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
A notified body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if —
a
for any reason the documents submitted to it in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the person making the application has not submitted with his application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within three months of receiving the application.
5
If for any reason the appointment of a notified body is terminated under this regulation, the Secretary of State may —
a
give such directions (either to the body the subject of the termination or to another notified body) for the purpose of making such arrangements for the determination of outstanding applications as he considers appropriate; and
b
without prejudice to the generality of the foregoing, authorise another notified body to take over its functions in respect of such cases as he may specify.
6
Where a notified body is minded to refuse to issue a report or conformity certificate it shall —
a
give notice in writing to the applicant of the reasons why it is minded to do so; and
b
give the applicant the opportunity to make representations within a period of 28 days of the said notice being given and consider any representations made within that period by the applicant.
Fees
15
1
Without prejudice to the power of the Secretary of State, where he is appointed as a notified body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out its duties in relation to the functions referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Conditions for equipment being taken to conform
16
1
Subject to paragraph (2), any equipment which —
a
bears the CE marking and the indication of the guaranteed sound power level in accordance with regulation 7(2)(c); and
b
is accompanied by an EC declaration of conformity in accordance with regulation 7(2)(d),
shall be taken to conform with all the provisions of these Regulations which apply to it, including the appropriate conformity assessment procedure specified in regulation 10, unless there are reasonable grounds for suspecting that it does not so conform.
2
Paragraph (1) does not apply in relation to an enforcement authority where a person fails or refuses to make available to the enforcement authority the documentation which he is required, by the conformity assessment procedure which applies to that equipment, to retain a copy thereof.
Enforcement
17
1
Subject to paragraph (2), Schedule 13 shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
2
Where an enforcement authority has reasonable grounds for suspecting that the CE marking and the indication of the guaranteed sound power level has been affixed to equipment and in relation to which any provision of these Regulations except the requirements in regulation 8(1) has not been complied with it may serve notice in writing on —
a
the manufacturer of the equipment or his authorised representative established within the Community; or
b
in a case where neither the manufacturer of the equipment nor his authorised representative established within the Community has placed the equipment on the market, the person who places it on the market or puts it into service in the United Kingdom;
and subject to paragraph (3), no other action pursuant to Schedule 13 may be taken, and no proceedings may be brought pursuant to regulation 18, in respect of that equipment until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
A notice which is given under paragraph (2) shall —
a
state that the enforcement authority suspects that the CE marking and the indication of the guaranteed sound power level has not been correctly affixed to the equipment;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any equipment to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking and the indication of the guaranteed sound power level within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of the enforcement authority, that the CE marking and the indication of the guaranteed sound power level has been correctly affixed; and
d
warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that equipment or equipment of the same type placed on the market or put into service by that person.
Offences
18
Any person who —
a
contravenes or fails to comply with regulation 7(1);
b
fails to retain a copy of the declaration of conformity as required by regulation 7(4); or
c
fails to supply a copy of the declaration of conformity as required by regulation 12,
shall be guilty of an offence.
Penalties
19
1
A person guilty of an offence under regulation 18(a) shall be liable on summary conviction —
a
to imprisonment for a term not exceeding three months; or
b
to a fine not exceeding level 5 on the standard scale,
or to both.
2
A person guilty of an offence under regulation 18(b), (c) or paragraphs 9, 10, 11(1) or (2) of Schedule 13 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
20
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 18 above it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without the leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took, and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
21
1
Where the commission by any person of an offence under regulation 18 is due to the act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of a body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Consequential amendments
22
1
In the Provision and Use of Work Equipment Regulations 1998 in Schedule 1 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001” and at the end of column two the words “ S.I. 2001/1701 ”.
2
In the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 , in Schedule 2 there shall be added at the end of column one the words “The Noise Emission in the Environment by Equipment for use Outdoors Regulations 2001” and at the end of column two the words “S.I. 2001/1701 ”.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
3rd May 2001


text:
Title and commencement
1
1
This Order may be cited as the Swanage Harbour Revision Order 2001 and shall come into force on the expiry of the period of one month which begins on the day it is made.
2
The Swanage Pier Act 1859 , the Swanage Pier Order 1895 confirmed by the Pier and Harbour Orders Confirmation ( No. 2) Act 1895 (which Order is hereinafter referred to as “the Swanage Pier Order 1895”), the Swanage Pier Order 1948 confirmed by the Pier and Harbour Order (Swanage) Confirmation Act 1948 , and this Order may be cited together as the Swanage Pier Act and Orders 1859 to 2001.
Interpretation
2
In this Order expressions to which meanings are assigned by the Harbours Act 1964 have the same respective meanings.
Amendment of the Swanage Pier Order 1895
3
The following amendments shall be made to the Swanage Pier Order 1895:
a
in article 10 (further powers as to buildings and other erections) —
i
after the words “erect and construct” in the first line thereof there shall be added the words “or permit to be erected and constructed with or without conditions”;
ii
after the words “and may let the same” in the sixth line thereof there shall be added the words “or any site for the erection and construction thereof”;
iii
the word “seven” in the seventh line thereof shall be deleted and replaced by the words “twenty-one”;
b
in article 16 (powers to demand rates etc , for the use of any warehouse, sheds, buildings etc. ) after the words “belonging to” in the third line thereof there shall be added the words “or permitted by”;
c
in article 17 (powers to lease tolls and rates) the word “seven” in the second line thereof shall be deleted and replaced by the words “twenty-one”.
Repeal
4
Article 21 of the Swanage Pier Order 1895 (copy of annual account to be sent to the Board of Trade) is repealed.
In witness whereof the official seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 31st August 2001.
Peter Boyling
Assistant Secretary


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 5) Regulations 2001 and shall come into force on 5th June 2001.
2
These Regulations shall have effect in relation to award periods of working families' tax credit or, as the case may be, disabled person’s tax credit commencing on or after 5th June 2001.
Amendments to the Family Credit (General) Regulations 1987
2
Amend the Family Credit (General) Regulations 1987 in accordance with the provisions of regulations 3 and 4.
Determination of appropriate maximum working families' tax credit
3
In regulation 46(1A) —
a
in sub-paragraph (a) for “£100” substitute “£135”;
b
in sub-paragraph (b) for “£150” substitute “£200”.
4
In the table in Schedule 4 in column (2) at paragraph 1 for “£54.00” substitute “£59.00”.
Amendments to the Disability Working Allowance (General) Regulations 1991
5
Amend the Disability Working Allowance (General) Regulations 1991 in accordance with the provisions of regulations 6 and 7.
Determination of appropriate maximum disabled person’s tax credit
6
In regulation 51(1AA) —
a
in sub-paragraph (a) for “£100” substitute “£135”;
b
in sub-paragraph (b) for “£150” substitute “£200”.
7
In the table in Schedule 5 in column (2) —
a
at paragraph 1 for “£56.05” substitute “£61.05”;
b
at paragraph 2 for “£86.25” substitute “£91.25”.
Dave Clelland
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd April 2001


text:
Title, commencement and extent
1
These Regulations may be cited as the Colours in Food (Amendment) (England) Regulations 2001, shall come into force on 15th January 2002 and shall extend to England only.
Amendment of the Colours in Food Regulations 1995
2
The Colours in Food Regulations 1995 shall be amended, in so far as they extend to England, in accordance with regulation 3.
3
In paragraph (1) of regulation 2 (interpretation), in the definition of “Directive 95/45/ EC ”, there shall be added at the end the words “and Directive 2001/50/EC ” .
Consequential amendments
4
1
Regulation 3 of the Colours in Food (Amendment) (England) Regulations 2000 shall be omitted.
2
In the provisions listed in paragraph (3), references to the Colours in Food Regulations 1995 shall, in so far as those provisions apply to England, be taken to be references to those Regulations as amended by the Colours in Food (Amendment) (England) Regulations 2000 and by these Regulations.
3
The provisions to which paragraph (2) refers are —
a
the definition of “permitted colour” in regulation 2(1) (interpretation) of the Jam and Similar Products Regulations 1981 ;
b
the definition of “additive” in regulation 2(1) (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984 ;
c
the definition of “colour” in Part II of Schedule 1 (categories of food additives) to the Food Additive Labelling Regulations 1992 ;
d
the definition of “colour” in regulation 2(1) (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
the definition of “the additives Regulations” in regulation 2(1) (interpretation) of the Food Labelling Regulations 1996 .
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th October 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the Child Minding and Day Care (Registration and Annual Fees) Regulations 2001 and shall come into force on 2nd July 2001.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations “ the Act ” means the Children Act 1989.
Registration
3
1
The prescribed fee for the purposes of section 79F(1)(b) of the Act (child minding) is £14.00.
2
The prescribed fee for the purposes of section 79F(2)(b) of the Act (day care) is —
a
£121.00, where the applicant provides or is to provide day care for a continuous period of four hours or more in any day;
b
£14.00, where the applicant does not provide or is not to provide day care for a continuous period of four hours or more in any day.
Annual fees
4
1
The following fees are prescribed for the purposes of paragraph 7 of Schedule 9A to the Act (annual fee) —
a
£11.00, in the case of a child minder;
b
£94.00, in the case of a provider of day care for a continuous period of four hours or more in any day;
c
£11.00, in the case of a provider of day care who does not provide day care for a continuous period of four hours or more in any day.
2
The fee is payable annually on the anniversary of registration for child minding or providing day care.
Fee payable for issue of copy certificate where original has been lost or destroyed
5
The prescribed fee for the issue of a copy certificate of registration for child minding or providing day care under paragraph 6(4) of Schedule 9A to the Act is £5.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
14th May 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service Appointments Commission Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Commission” means the National Health Service Appointments Commission established by the Order ;
“the chairman” means the chairman of the Commission;
“Executive Committee” means a committee of a Primary Care Trust appointed under regulation 9(1) of the Primary Care Trusts (Membership and Procedure) Regulations 2000 ;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Commission other than the chairman;
“the Order” means the National Health Service Appointments Commission (Establishment and Constitution) Order 2001 ;
“Regional Commissioner” means a member appointed pursuant to article 4(b) of the Order.
4
In these Regulations, unless the context otherwise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Appointment and tenure of office of chairman and Regional Commissioners
2
1
The chairman and Regional Commissioners shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and Regional Commissioners shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any Regional Commissioner shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a Regional Commissioner if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland);
e
he is a chairman or a member of —
i
a Health Authority,
ii
another Special Health Authority, or
iii
a Primary Care Trust;
f
he is a chairman or a director of an NHS trust;
g
he is a chairman or a member of an Executive Committee;
h
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more,
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
i
he holds any paid appointment or office with a health service body;
j
he holds an appointment as —
i
a special trustee for a health service hospital,
ii
a trustee for an NHS trust, or
iii
a trustee for a Primary Care Trust.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(h), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office and suspension of chairman and members
5
1
The chairman or a Regional Commissioner may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Commission or of the health service that the chairman or a Regional Commissioner should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a Regional Commissioner fails to attend any meeting of the Commission for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meeting of the Commission within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be chairman or a Regional Commissioner, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or member.
5
If it appears to the Secretary of State that the chairman or a Regional Commissioner has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing that effect.
6
The chief officer of the Commission shall cease to hold office as a member of the Commission where he ceases to hold that post.
7
If the chief officer of the Commission is suspended from his post in the Commission he shall be suspended from performing his functions as a member for the period of his suspension.
Appointment of vice-chairman
6
1
Subject to paragraph (2), the chairman and Regional Commissioners may appoint one of the Commissioners to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence from England and Wales or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Commission may, and, if so directed by him, shall, appoint committees of the Commission consisting wholly or partly of members of the Commission or wholly of persons who are not members of the Commission.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Commission, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Commission) or wholly of persons who are not members of the Commission or the committee.
3
Regulations 3 (other than paragraph (1)(e) to (g), (i) and (j)) and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Commission.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Commission may make arrangements for the exercise, on behalf of the Commission, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Commission in each case subject to such restrictions and conditions as the Commission thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Commission shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Commission shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the Commission may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Commission, but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Commission at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matters or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The Commission may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Commission while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Commission and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Commission) as it applies to a member of the Commission.
9
In this regulation —
“public body” includes
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Commission
11
The Commission shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public meeting
12
If, in pursuance of regulation 11 of these Regulations, the Secretary of State directs the Commission to make an annual report to him for any particular year or for each year, the Commission shall present the report at a public meeting not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
9th March 2001