text:
PART I
CITATION, COMMENCEMENT AND INTERPRETATION
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions, Repeals and Savings) (Financial Services Compensation Scheme) Order 2001.
2
This Order comes into force on the day on which section 19 of the Act comes into force.
Interpretation
2
1
In this Order, “former scheme” means —
a
the Policyholders Protection Scheme established by the Policyholders Protection Act (“the PPS”);
b
the Deposit Protection Scheme established by Part II of the Banking Act (“the DPS”);
c
the Building Societies Investor Protection Scheme established by Part IV of the Building Societies Act (“the BSIPS”);
d
the scheme established under section 54 of the Financial Services Act and known as the Investor Compensation Scheme (“the ICS”);
e
the scheme known as the section 43 Compensation Scheme established under section 22j of the Grey Paper (“the Section 43 scheme”);
f
the scheme known as the Friendly Societies Protection Scheme established in accordance with section 141 of the Financial Services Act (“the FSPS”);
g
the scheme known as the Personal Investment Authority indemnity scheme established by Chapter II of Part L:VIII of the PIA Rule Book (“the PIA indemnity scheme”); or
h
the arrangements described in the ABI/ICS agreement (“the ABI scheme”).
2
In this Order —
“ABI/ICS agreement” means the agreement dated 1st February 1999 between the Association of British Insurers and the Investor Compensation Scheme Ltd for the making of payments by way of compensation to widows, widowers and dependants of persons (since deceased), in connection with advice given to such persons in relation to pensions, or the arranging of pensions for such persons;
“the Act” means the Financial Services and Markets Act 2000;
“article 9 default” means a default referred to in (a), (b), (c), (d), (e), (h) or (i) of the definition of “default”;
“authorised insurance company” means a person who was, at any time before commencement, authorised under section 3 or 4 of the Insurance Companies Act to carry on insurance business of any class in the United Kingdom;
“the Banking Act” means the Banking Act 1987 ;
“the Building Societies Act” means the Building Societies Act 1986 ;
“commencement” means the beginning of the day on which section 19 of the Act comes into force;
“default” means —
the passing of a resolution for the voluntary winding up of an authorised insurance company within the meaning of section 3 of the Policyholders Protection Act in circumstances falling within section 5(1)(a) of that Act ;
the making by the court of an order for the winding up of such a company in circumstances falling within section 5(1)(b) of that Act;
the appointment of a provisional liquidator in circumstances falling within section 15 of that Act in respect of such a company;
such a company becoming a company in financial difficulties within the meaning of section 16 of that Act;
a participating deposit-taker becoming insolvent for the purposes of Part II of the Banking Act;
the making of a determination that a participant firm is in default in accordance with rule 3.02 of the Financial Services (Compensation of Investors) Rules 1988 , rule 2.01 of the Financial Services (Compensation of Investors) Rules 1990 , or rule 2.01 or 2.01A of the Financial Services (Compensation of Investors) Rules 1994 ;
the making of a determination that a participant firm is in default in accordance with rule 2.01 of the Section 43 Compensation Scheme Rules ;
a participating institution becoming insolvent for the purposes of section 25A of the Building Societies Act ;
the beginning of a dissolution or transfer of engagements of a member society in accordance with rule 9(2) of the Rules of the Friendly Societies Protection Scheme ;
a member becoming unable to meet its liabilities in the circumstances referred to in rule L8.3 of the PIA Rule Book ; or
the making of a determination pursuant to the ABI/ICS agreement that a firm is in default (or would have been so had the investor not died) for the purposes of the ABI scheme;
“the Financial Services Act” means the Financial Services Act 1986 ;
“former manager” means, in relation to —
the PPS, the Policyholders Protection Board;
the DPS, the Deposit Protection Board;
the BSIPS, the Building Societies Investor Protection Board;
the ICS, the Investors Compensation Scheme Limited;
the Section 43 scheme, the Authority;
the FSPS, the Friendly Societies Protection Scheme Board;
the PIA indemnity scheme, the Board of the Personal Investment Authority;
the ABI scheme, the Investor Compensation Scheme Ltd;
“the Insurance Companies Act” means the Insurance Companies Act 1982 ;
“investment business compensation scheme” means the ICS, the Section 43 scheme, the PIA indemnity scheme or the ABI scheme;
“member society” means a person who, at any time before commencement, was a member society within the meaning of the Rules of the FSPS;
“new scheme” means the Financial Services Compensation Scheme established under Part XV of the Act;
“participating deposit-taker” means a person who was at any time before commencement —
a UK institution, participating institution, former UK institution or former participating institution as defined in section 52(6) of the Banking Act; or
a former authorised institution as defined in section 106(1) of the Banking Act (other than a former UK institution or former participating institution as defined in section 52(6) of that Act), which was not a recognised bank or licensed institution excluded by an order under section 23(2) of the Banking Act 1979 ;
“participating institution” means a person who was at any time before commencement a participating institution within the meaning of section 24(4) of the Building Societies Act;
“pending application” has the meaning given by article 3(1);
“Policyholders Protection Act” means the Policyholders Protection Act 1975 ;
“post-commencement application” has the meaning given by article 3(5);
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“relevant default” means a default giving rise to a transitional application;
“relevant defaulter” means the insurance company, institution, firm, society or other person with respect to whom a relevant default or article 9 default occurred;
“relevant former scheme” —
in relation to a pending application, means the investment business compensation scheme under which the application was made;
in relation to an article 9 default, means the former scheme which applied in relation to the default before commencement;
“terminating event” —
in relation to an application for compensation made under an investment business compensation scheme, means —
the withdrawal, discontinuance or rejection of the application (other than in circumstances where it could be renewed or made again at a later date in accordance with that scheme, by reason of a change in circumstances), or
the making of a final payment of compensation to the applicant;
in relation to an article 9 default for which the DPS or the BSIPS is the relevant former scheme, means the relevant defaulter ceasing to be insolvent in the circumstances referred to in section 59(3) of the Banking Act or section 25A(3) of the Building Societies Act;
“transitional application” means a pending application or a post-commencement application.
2
A reference in this Order to a former scheme, or to a provision in a former scheme —
a
in the context of an event or circumstances occurring by virtue of, or in accordance with, that scheme or that provision, is a reference to that scheme or that provision as it had effect at the time the event or the circumstances in question occurred; and
b
in any other context, is a reference to the former scheme or provision as it had effect immediately before commencement.
PART 2
INVESTMENT BUSINESS COMPENSATION SCHEMES
Transitional applications
3
1
The following are pending applications —
a
an application for compensation made under an investment business compensation scheme before commencement, in relation to which —
i
a relevant default occurred, and
ii
a terminating event did not occur
before commencement; and
b
an application for compensation made in accordance with paragraph (2).
2
A person may, after commencement, make an application to the scheme manager under an investment business compensation scheme (as modified by rules made by the Authority under article 4(3)), but only if a relevant default occurred before commencement.
3
An application may be made under paragraph (2) even if the investment business compensation scheme in question has otherwise ceased to exist.
4
Except as provided for in paragraph (2), no application may be made under an investment business compensation scheme after commencement.
5
A post-commencement application means an application for compensation which may be made under paragraph (6).
6
Notwithstanding anything in Part XV of the Act, a person may after commencement make an application to the scheme manager for compensation under the new scheme as modified by rules made by the Authority under article 6(2), if —
a
the application —
i
is not a claim of the kind referred to in section 213(3)(a) of the Act; and
ii
could, had it been made before commencement, have been entertained under an investment business compensation scheme;
b
no relevant default occurred before commencement; and
c
the person making the application has not also made a pending application arising out of the same set of facts.
7
For the purposes of paragraph (6) —
a
an application is not to be regarded as falling outside paragraph (6)(a)(ii) merely because no relevant default occurred before commencement; and
b
the reference to an application that could have been entertained under an investment business compensation scheme is a reference to an application which, had it been made under such a scheme at any time before commencement, would have been an application of a kind in respect of which a payment of compensation could have been made in accordance with that scheme.
Pending applications
4
1
A pending application is to be assessed and determined after commencement by the scheme manager in accordance with the relevant former scheme as modified by rules made by the Authority under paragraph (3), even if that former scheme has otherwise ceased to exist.
2
Where the scheme manager exercises functions under paragraph (1) in relation to a pending application of the kind referred to in article 3(1)(a), the acts and omissions of the former manager before commencement in connection with the application are, for the purpose of the assessment and determination of the application by the scheme manager, deemed to be the acts and omissions of the scheme manager.
3
The Authority must by rules make such modifications to investment business compensation schemes as it considers are required to enable pending applications to be made, received, assessed and determined by the scheme manager in accordance with this Order.
4
The Authority may make rules enabling the scheme manager, in respect of pending application made under the PIA indemnity scheme or the ABI scheme, to require, as a condition of making any payment of compensation, the assignment by the applicant for compensation to the scheme manager of such rights of the applicant in connection with his claim against the relevant defaulter as the scheme manager may determine.
The Investor Compensation Scheme Regulations 1998
5
Notwithstanding the revocation of the Investor Compensation Scheme Regulations 1998 by Part II of Schedule 2, regulation 2(2) of those Regulations continues to have effect in relation to the payment by the scheme manager of compensation in relation to a pending application made under the Section 43 scheme.
Post-commencement applications
6
1
A post-commencement application is to be assessed and determined by the scheme manager under the new scheme as modified by rules made by the Authority under paragraph (2).
2
The Authority must make rules modifying the new scheme to enable post-commencement applications to be made, received, assessed and determined by the scheme manager in accordance with this Order.
Power to require information — post-commencement applications
7
For the purposes of assessing and determining a post-commencement application —
a
section 219 of the Act applies as if the references to the relevant person included a reference to a relevant defaulter in respect of whom the post-commencement application was made; and
b
section 221 of the Act applies as if the reference to a requirement under section 219 included a reference to a requirement imposed under section 219 as it applies by virtue of this article.
Insolvency of relevant defaulter — post-commencement applications
8
For the purposes of assessing and determining a post-commencement application where the relevant defaulter is insolvent, sections 220, 221 and 224 of the Act apply as if —
a
references to a relevant person included references to the relevant defaulter in respect of whom the post-commencement application was made;
b
the reference in section 221 to a failure to permit documents to be inspected under section 220 included a reference to a failure to permit documents to be inspected under section 220 as it applies by virtue of this article; and
c
the reference in section 224(1)(a) to the compensation scheme includes a reference to that scheme as modified by rules made by the Authority under article 6(2).
PART 3
COMPENSATION SCHEMES IN RELATION TO INSURANCE BUSINESS AND DEPOSIT TAKING
Article 9 defaults occurring before commencement
9
1
If, before commencement, an article 9 default occurred and no terminating event occurred in relation to that default —
a
subject to article 10, where the relevant former scheme is the PPS, the Policyholders Protection Act continues to have effect in relation to the default, notwithstanding any repeal of that Act, but subject to the modifications set out in Part 1 of Schedule 1;
b
where the relevant former scheme is the DPS, Part II of the Banking Act continues to have effect in relation to the default, notwithstanding any repeal of that Part, but subject to the modifications set out in Part 1 of Schedule 1;
c
where the relevant former scheme is the BSIPS, sections 24 to 31 of, and Schedule 6 to, the Building Societies Act continue to have effect in relation to the default, notwithstanding the repeal of those sections and that Schedule by the Financial Services and Markets Act 2000 (Mutual Societies) Order 2001 but subject to the modifications set out in Part 1 of Schedule 1;
d
where the relevant former scheme is the FSPS, the scheme manager must comply with that scheme, as modified by rules made by the Authority under paragraph (3), in relation to the default, even if that scheme has otherwise ceased to exist.
2
Where the scheme manager exercises functions under paragraph (1) in relation to an article 9 default, the acts and omissions of the former manager before commencement in connection with that default are, for the purposes of the exercise by the scheme manager of those functions, deemed to be the acts and omissions of the scheme manager.
3
The Authority must by rules make such modifications to the FSPS as it considers are required to enable the scheme manager to comply with that scheme as provided in paragraph (1).
4
The Authority must secure by rules made under paragraph (3) that the functions conferred on the Friendly Societies Protection Scheme Board by the FSPS are exercisable by the scheme manager after commencement.
5
No provision of the FSPS has effect after commencement to the extent that it imposes a levy or equivalent kind of charge on any person.
6
Any term in any provision of a former scheme which continues to have effect by virtue of paragraph (1), and which was defined by any provision of the Policyholders Protection Act, the Banking Act or the Building Societies Act, continues to have the meaning given by that Act, notwithstanding any repeal of any provision of that Act.
7
Except as provided for in this article, the former schemes do not apply to any default referred to in (a), (b), (c), (d), (e), (h) or (i) of the definition of “default” that occurs after commencement.
Applications in respect of compulsory liability insurance
10
1
A person may make an application for compensation to the scheme manager under the new scheme (as modified by rules made by the Authority under paragraph (2)) if —
a
the relevant former scheme is the PPS;
b
the application arises from an article 9 default which occurred before commencement;
c
the application relates to a policy of insurance which at any time before commencement satisfied the requirements of any of the enactments referred to in section 6(1) of the Policyholders Protection Act; and
d
the extent of the liability of the authorised insurance company concerned to the person making the claim was not determined before commencement.
2
The Authority must make rules modifying the new scheme to enable the scheme manager to receive, assess, determine and make payments in respect of applications for compensation made under paragraph (1).
3
Article 9(1)(a) does not apply in relation to applications for compensation made under paragraph (1).
The Credit Institutions (Protection of Depositors) Regulations 1995
11
Where the DPS or the BSIPS continues to have effect after commencement in relation to an article 9 default by virtue of this Order, the Credit Institutions (Protection of Depositors) Regulations 1995 continue to have effect in relation to that default, notwithstanding the revocation of those Regulations by article 24 and Schedule 2, but subject to the modifications set out in Part 1 of Schedule 1.
Applications under the new scheme
12
1
Notwithstanding anything in Part XV of the Act, a person (“the applicant”) may after commencement make an application to the scheme manager for compensation under the new scheme as modified by rules made by the Authority under paragraph (3), if —
a
the application is made in respect of the inability (or likely inability) of —
i
a participating deposit-taker or participating institution to satisfy a claim made against him by the applicant in respect of a deposit within the meaning of the Banking Act, or a protected investment within the meaning of section 27 of the Building Societies Act;
ii
an authorised insurer to satisfy a claim made against him by the applicant in respect of liability under a policy of insurance; or
iii
a member society to satisfy a claim made against it by the applicant in respect of liability under a policy of insurance;
b
the circumstances giving rise to the applicant’s claim against the relevant body occurred before commencement, and were of a kind capable of giving rise to a duty to make a payment to the applicant in accordance with the PPS, the DPS, the BSIPS or the FSPS;
c
none of the former schemes referred to in sub-paragraph (b) has effect, by virtue of article 9, in relation to the circumstances giving rise to the applicant’s claim;
d
the applicant is not entitled to make an application for compensation in accordance with article 10; and
e
the applicant’s claim would not, apart from this article and any rules made under it, be capable of giving rise to an entitlement to compensation under the new scheme.
2
An application is not to be regarded as falling outside paragraph (1) by reference to sub-paragraph (b) merely because no article 9 default occurred before commencement.
3
The Authority must make rules modifying the new scheme to enable the scheme manager to receive, assess and determine applications for compensation made in accordance with this article.
4
For the purposes of assessing and determining applications for compensation made pursuant to paragraph (1) —
a
section 219 of the Act applies as if the references to the relevant person include a reference to a relevant body;
b
section 221 of the Act applies as if the reference to a requirement under section 219 includes a reference to a requirement imposed under section 219 as it applies by virtue of this article;
c
where a relevant body is insolvent, sections 220, 221 and 224 of the Act apply as if —
i
references to a relevant person include references to a relevant body;
ii
the reference in section 221 to a failure to permit documents to be inspected under section 220 includes a reference to a failure to permit documents to be inspected under section 220 as it applies by virtue of this article; and
iii
the reference in section 224(1)(a) to the compensation scheme includes a reference to the scheme as modified by rules made by the Authority under paragraph (3).
5
In this article, “relevant body” means a participating deposit-taker, participating institution, authorised insurer or member society against whom an applicant has a claim of a kind falling within paragraph (1)(a) and (b).
Repayment of recovered money
13
1
This article applies where the scheme manager receives money under section 62 of the Banking Act or section 28 of the Building Societies Act (“recovered money”).
2
Where this article applies, the scheme manager must prepare and carry out a scheme for the repayment of recovered money to such persons, and in such amounts, as the scheme manager considers fair and equitable in the circumstances, having regard to the payments made by such persons by way of contributions or levies payable to the scheme manager, the Deposit Protection Board or the Building Societies Investor Protection Board.
Use of certain funds
14
1
The scheme manager must, so far as practicable, ensure that —
a
funds held by it which originate from the payment of contributions levied under sections 53 to 55 of the Banking Act or section 26 of the Building Societies Act are used only to meet relevant liabilities attributable to deposit-taking;
b
funds held by it which originate from the payment of general business levies under the Policyholders Protection Act are used only to meet relevant liabilities attributable to general insurance business;
c
funds held by it which originate from the payment of long term business levies or levies on intermediaries under the Policyholders Protection Act are used only to meet relevant liabilities attributable to long-term insurance business.
2
In this article —
“deposit-taking” means —
deposit-taking business within the meaning of section 6 of the Banking Act;
deposit-taking, or the issue of shares to members, carried out by a building society within the meaning of the Building Societies Act; or
accepting deposits within the meaning of the Regulated Activities Order;
“general insurance business” means —
general business within the meaning of section 1 of the Insurance Companies Act; or
effecting and carrying out contracts of general insurance within the meaning of the Regulated Activities Order;
“long-term insurance business” means —
long term business within the meaning of section 1 of the Insurance Companies Act; or
effecting and carrying out contracts of long-term insurance within the meaning of the Regulated Activities Order;
“relevant liabilities” means liabilities of the scheme manager to pay compensation in respect of article 9 defaults or applications for compensation under the new scheme.
PART 4
GENERAL PROVISIONS
Interpretation
15
In this Part —
“Board” means the Policyholders Protection Board or the Deposit Protection Board;
“residual assets and liabilities” means any property, rights or liabilities retained by a Board in compliance with article 20(5).
Continuity of measures etc
16
1
Measures taken, arrangements made, terms and conditions imposed, indemnities given and all other things done before commencement by a former manager in the exercise of functions, powers or duties conferred on the former manager by a former scheme continue to have effect.
2
The scheme manager has all the functions, powers and duties of a former manager in relation to the measures and other things referred to in paragraph (1).
Levies
17
1
The reference to the expenses of the scheme manager in section 213(3)(b) of the Act is to be taken as including a reference to expenses (including administrative expenses) incurred by the scheme manager in —
a
receiving, assessing and determining transitional applications;
b
making payments in respect of article 9 defaults by virtue of this Order;
c
receiving, assessing and determining claims made pursuant to rules made under article 12(3); or
d
doing anything incidental to the performance of those functions.
2
No provision of an investment business compensation scheme has effect after commencement to the extent that it imposes a levy or equivalent kind of charge on any person.
Information
18
1
Any information held by a former manager in connection with the operation of a former scheme may be disclosed by that person to the scheme manager.
2
Any such disclosure is not to be treated as a contravention of any restriction on disclosure of the information (imposed by statute or otherwise) to which the former manager is subject; but thereafter the scheme manager is to be treated as subject to any such restriction as would have applied to the former manager (subject to any exceptions which would have so applied).
Annual report, statutory immunity and expenses
19
References to the scheme manger’s functions in each of the following provisions of the Act is to be taken to include functions exercisable by, or deemed to have been exercised by, the scheme manager by virtue of this Order —
a
section 218 (annual report);
b
section 222 (statutory immunity);
c
section 223 (management expenses).
Final reports and statements of account of existing Boards
20
1
As soon as practicable after commencement, and in any case no later than 1st March 2002, a Board must prepare and publish —
a
a report on the performance of its functions during the relevant period; and
b
an audited statement of accounts for the relevant period, showing the state of affairs and income and expenditure of the Board during that period.
2
The statements of accounts referred to in paragraph (1) must be audited by auditors appointed by the Board.
3
A person must not be appointed as auditor for the purposes of paragraph (2) unless he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989 .
4
In this article, “relevant period” means —
a
in relation to the Policyholders Protection Board, the period from 1st April 2001 until commencement;
b
in relation to the Deposit Protection Board, the period from the end of its last financial year (as determined by the Board in accordance with paragraph 5(1) of Schedule 4 to the Banking Act) until commencement.
5
At commencement, a board must retain such property, rights and liabilities as it considers necessary to perform its functions under this article.
Transfer of property, rights and liabilities
21
At commencement any property, rights and liabilities of a Board (other than residual assets and liabilities) vest in the scheme manager.
Residual assets and liabilities
22
1
On the day on which section 416(3)(b) of the Act comes into force, any residual assets and liabilities of the Policyholders Protection Board vest in the scheme manager.
2
On the day on which section 416(3)(c) of the Act comes into force any residual assets and liabilities of the Deposit Protection Board vest in the scheme manager.
Record keeping and reporting requirements relating to pre-commencement acts
23
The Authority may make rules applying to authorised persons with respect to the keeping of records and the making of reports in relation to transitional applications and article 9 defaults in respect of which payments are made, after commencement.
Revocations
24
Subject to the savings made by articles 9 and 11 and Part 2 of Schedule 1, the provisions of secondary legislation set out in Schedule 2 are revoked.
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd August 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Kingston upon Hull (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 2nd May 2002, on 15th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“city” means the city of Kingston upon Hull;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
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 City of Kingston upon Hull (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the City of Kingston upon Hull
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas 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 (2) 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 Kingston upon Hull
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city 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 city 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.
Revocation
4
The City of Kingston upon Hull (Electoral Arrangements) Order 1979 and article 6 of the Humberside (Structural Changes) Order 1995 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
4th October 2001


text:
This Order may be cited as the General Medical Council (Professional Performance) (Amendment) Rules Order of Council 2001, and shall come into force on 12th December 2001.
A.K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Electricity Act 1989 (Commencement No. 3) Order 2001.
2
In this Order “ the Act ” means the Electricity Act 1989.
2
The following provisions of the Electricity Act 1989 shall come into force on 9th November 2001 —
a
section 112(4) to the extent that it relates to the provisions in Schedule 18 which are not already in force; and
b
paragraph 3(b) of Schedule 17 and the word “and” immediately preceding it; and
c
Schedule 18, so far as not already in force.
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
16th October 2001


text:
Title, commencement, extent and cessation
1
1
These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) Regulations 2001; they extend to England and Northern Ireland and come into force on 2nd March 2001 at 6.00 p.m.
2
These Regulations shall apply until midnight on 9th March 2001.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the Decision” means 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;
“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 products 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 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) or 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;
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 a certificate issued by a veterinary inspector 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 treatments 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 a certificate issued by a veterinary inspector 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
Derogating from the provisions in paragraph (4) it shall be sufficient in the case of meat products which conform to the requirements of paragraph (2) and are consigned in hermetically sealed containers that compliance with the conditions required for the treatment laid down in paragraph (2) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.
Export of milk
6
1
No person shall export milk for human or non-human consumption.
2
The prohibition in paragraph (1) shall not apply in relation 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 I 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 the 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 vehicle 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 a certificate issued by a veterinary inspector 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
Derogating from the provisions of paragraph (4) is shall be sufficient in the case of milk which conforms to the requirements of paragraph (2) and is consigned in hermetically sealed containers or has been processed in an automated production system which ensures that standards for treatment are met and recorded that compliance with the conditions required for the treatment laid down in paragraph (2) is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.
Export of milk products
7
1
No person shall export milk products for human or non-human consumption.
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 71.7°C for 15 seconds or an equivalent treatment, on the understanding that such treatment was not necessary for finished products the ingredients of which comply with the respective animal health conditions laid down in these regulations.
3
The prohibition described in paragraph (1) shall not apply to milk products prepared in establishments under the following conditions —
a
all milk used in the establishment will either conform to the conditions of regulation 6(2) of 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 a certificate issued by a veterinary inspector 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
Derogating from the provisions on paragraph (4) it shall be sufficient in the case of milk products which conform to the requirements of paragraph (2) and are consigned in hermetically sealed containers or have been processed in an automated production system which ensures that standards for treatment are met and recorded that compliance with the conditions laid down in paragraph (2) is stated in the commercial document accompanying the consignment endorsed in accordance with regulation 11.
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 animals 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 I to 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 ). Care must be taken to separate effectively treated hides and skins from untreated hides and skins.
3
The hides and skins must be accompanied by a 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
Derogating from the provisions in paragraph (3) it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1A indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC to be accompanied by a commercial document stating compliance with the conditions required for the treatment laid down in paragraph 1(A) indents 2 to 5 of Chapter 3 of Annex I to Council Directive 92/118/EEC .
5
Derogating from the provisions in paragraph (3) it shall be sufficient in the case of hides and skins which conform to the requirements of paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex I to Council Directive 92/118/EEC that compliance with the conditions required for the treatment laid down in paragraph 1(B) indents 3 and 4 of Chapter 3 of Annex 1 to Council Directive 92/118/EEC is stated in the commercial document accompanying the consignment, endorsed in accordance with regulation 11.
Export of animal products
10
1
No person shall send 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
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 3,00 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
irradication 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
unprocessed sheep wool and ruminant hair which is securely enclosed in packaging and dry;
f
semi-moist and dried petfood conforming to the requirements of paragraph 2 and 3 respectively of Chapter 4 of Annex I to Council Directive 92/118/EEC ; or
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.
3
The animal products must be accompanied by a 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
.
Endorsement of commercial documents
11
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) 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 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.
Powers of inspectors
12
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, 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.
Illegal consignments
13
1
Where an inspector knows or suspects that animals or animals products are intended for export and do not comply with the requirements of these Regulations he may by notice served on the person in charge of those animals or products require that person at his own expense —
a
without delay to detain the animals or animal products, and any animals or products which have been in contact with them, at such place as may be specified in the notice, and to take such further action in relation to them as may be specified in the notice; or
b
in the case of animals, without delay to slaughter and destroy them, or cause them to be slaughtered and destroyed, or, in the case of animal products, without delay to destroy them or cause them to be destroyed, in accordance with such conditions as may be specified in the notice.
2
In the case of any notice served under this regulation not being complied with, an inspector may seize or cause to be seized any animals or animal products to which it relates and arrange for the requirements of the notice to be complied with at the expense of the person on whom it was served.
Obstruction
14
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 of him for the purposes of his functions under these Regulations, or
c
furnish to 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
15
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 or, 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 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
16
1
A person contravening any provision of these Regulations shall be guilty of an offence.
2
A person guilty of an offence under regulation 14(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.
Enforcement
17
In England these Regulations shall be enforced by the Minister or the local authority. In Northern Ireland they shall be enforced by the Department of Agriculture and Rural Development.
Revocation
18
The Export Restrictions (Foot-and-Mouth Disease) Regulations 2001 are revoked in so far as they apply in England and Northern Ireland.
Hayman,
Minister of State, Ministery of Agriculture, Fisheries and Food
2nd March 2001 at 5.50 p.m.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Uttlesford Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Uttlesford 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 Uttlesford 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, 4 officer members and 4 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
1 person 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 North Essex Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Essex Health Authority shall make officers of the authority available to the trust during the preparatory period.
4
The Essex and Hertfordshire Community 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 Princess Alexandra Hospital National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
6
The Essex Rivers Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th February 2001


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2001 and shall come into force on 28th March 2001.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the School Teachers' Pay and Conditions Act 1991 ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2000 (“ the Document ”) shall be amended with effect from 28th March 2001 as follows.
4
In paragraph 1.2 in the appropriate position there shall be inserted the following definition —
“unlawful discrimination” means any discrimination against a teacher by an assessor in relation to threshold assessments which if the assessor were the teacher’s employers would constitute unlawful discrimination, and “unlawfully discriminate” shall be construed accordingly;
.
5
After paragraph 19A.2 there shall be inserted the following paragraph —
19A.2A
Where a complaint under paragraph 19D.8 of unlawful discrimination in relation to a review is upheld, the Secretary of State shall make arrangements for the allocation of an assessor who has not been involved in the assessment or review to act as a replacement review officer.
.
6
In paragraph 19A.3 for “appointment” there shall be substituted “allocation”.
7
In paragraph 19A.5 for the words from “sex discrimination” to the end of the paragraph there shall be substituted “unlawful discrimination”.
8
In paragraph 19B.9.1(a) after “19B.4” there shall be inserted “or 19B.14 (as the case may be)”.
9
In paragraph 19B.10 —
a
at the end of sub-paragraph (d) “or” shall be deleted; and
b
after sub-paragraph (e) there shall be inserted the following sub-paragraphs —
f
an authority or school governing body to whom a complaint has been made under paragraph 19D.8 by a teacher they employ;
g
the head teacher of a school to which an application is transferred under paragraph 19B.13.2 and a member of the leadership group at such a school; or
h
the designated line manager to whom an application is transferred under paragraph 19B.13.3.
.
10
In paragraph 19B.11(a) after “19C” there shall be inserted “or 19B.14.2”.
11
After paragraph 19B.12 there shall be inserted the following paragraphs —
19B.13.1
This paragraph applies where a school closes before all the procedures referred to in paragraph 19B or 19D in relation to the threshold assessment of a teacher are completed.
19B.13.2
In the case of a teacher who takes up his next post at another school (“the new school”), the head teacher of the closing school, the assessor allocated to the closing school, the head teacher of the new school and the assessor allocated to the new school shall make such arrangements as they see fit for and in connection with —
a
the transfer of the teacher’s application for threshold assessment and other documents pertaining to his assessment to the new school; and
b
the completion of the procedures in relation to the teacher’s assessment referred to in paragraphs 19B and 19D.
19B.13.3
In the case of a teacher who takes up his next post as an unattached teacher, the head teacher of the closing school, the assessor allocated to the closing school, the Chief Education Officer of the authority which will employ the teacher in his new post, any person nominated by the Chief Education Officer to act as the teacher’s designated line manager for the purposes of paragraph 19C and the assessor allocated to the authority shall make such arrangements as they see fit for and in connection with —
a
the transfer of the teacher’s application for threshold assessment and other documents pertaining to his assessment to his designated line manager, and where no designated line manager has been nominated, to the assessor allocated to the authority; and
b
the completion of the procedures in relation to the teacher’s assessment referred to in paragraphs 19B, 19C and 19D.
19B.14.1
Where paragraph 19B would otherwise operate so as to require a head teacher to make an assessment of his own application for threshold assessment —
a
paragraphs 19B.14.2 to 19B.14.5 shall apply in relation to the assessment of such teacher’s application in place of paragraphs 19B.2 to 19B.4; and
b
the other provisions of paragraphs 19B and 19D shall apply in relation to that assessment with the modifications specified in paragraphs 19B.14.6 to 19B.14.9.
19B.14.2
The teacher shall prepare an application for threshold assessment complying with the requirements of paragraph 19B.2.2 (subject to paragraph 19B.2.3), and he shall give it to the assessor allocated to the school.
19B.14.3
The assessor shall consider the application and such of the evidence mentioned in the application and such other evidence as he thinks appropriate, and he may —
a
consult or seek further information from the teacher who made the application, the previous head teacher of his school or the head teacher of his previous school, and any person with management responsibility for him;
b
observe the teacher teaching.
19B.14.4
The assessor shall determine whether the teacher —
a
has met each of the performance threshold standards throughout the relevant period, and so has passed the threshold; or
b
has not met each of the performance threshold standards throughout the relevant period, and so has not passed the threshold.
19B.14.5
The assessor shall record in writing on the application —
a
what evidence in addition to that relied upon by the teacher he took into account;
b
his assessment of whether or not the teacher has met each of the performance threshold standards throughout the relevant period; and
c
his assessment of whether the teacher has passed the threshold.
19B.14.6
The assessor shall issue a certificate under paragraph 19B.5 in relation to the teacher.
19B.14.7
Paragraphs 19B.6.1 and 19B.6.2 shall not apply, and following the issue of a certificate under paragraph 19B.5 the assessor shall promptly send —
a
the certificate and the application to the head teacher; and
b
notification of whether the teacher has passed the threshold to the chairman of the governing body of the school.
19B.14.8
The functions of the head teacher under paragraphs 19B.6.3 and 19B.6.4 shall be fulfilled by the assessor, and references in those paragraphs to the head teacher shall be read as references to the assessor.
19B.14.9
Paragraph 19D.3.4 shall not apply.
19B.15
The assessor allocated to the school shall at the request of a head teacher first appointed to a post of head teacher on or after 1st September 2000 or of an acting head teacher give him assistance with his function under paragraph 19B.3.1.
19B.16
In paragraphs 19A to 19D “classroom teacher” includes a head teacher, deputy head teacher or assistant head teacher who was a classroom teacher at the time he made his application for threshold assessment.
.
12
1
In paragraph 19C.5.1 after “19B.2.2” there shall be inserted “(subject to paragraph 19B.2.3)”.
2
In paragraph 19C.5.2(a) “who has provided information in relation to his threshold assessment” shall be omitted.
3
In paragraph 19C.5.9 —
a
at the end of sub-paragraph (c) “or” shall be deleted;
b
at the end of sub-paragraph (d) “or” shall be inserted; and
c
after sub-paragraph (d) there shall be inserted the following sub-paragraph —
e
an authority or school governing body to whom a complaint has been made under paragraph 19D.8 by a teacher they employ.
.
13
In paragraph 19D.1 for the words from “the end” to “19C.5.8” there shall be substituted the following words —
the later of —
31st March 2001; or
the end of the period of 40 working days starting on the day on which he receives written feedback under paragraph 19B.6.4 or 19C.5.8,
.
14
In paragraph 19D.6 —
a
after “notify” there shall be inserted “in writing”; and
b
after “19D.4” there shall be inserted “and of the reasons for it”.
15
Paragraph 19D.8 shall be renumbered paragraph 19D.16.
16
After paragraph 19D.7 there shall be inserted the following paragraphs —
19D.8
Paragraphs 19D.9 to 19D.15 apply where —
a
the review officer orders that the threshold assessment of a classroom teacher is to stand; and
b
the teacher complains to the authority or school governing body which employ him that the review officer who carried out the review unlawfully discriminated against him.
19D.9.1
A complaint under paragraph 19D.8 may be brought no later than the end of the period of 40 working days starting with the day on which the classroom teacher received notification under paragraph 19D.6 of the review officer’s decision that his threshold assessment is to stand.
19D.9.2
A complaint under paragraph 19D.8 shall be made in writing and shall contain, or refer to, evidence relating to the discrimination complained of.
19D.9.3
The classroom teacher who made the complaint under paragraph 19D.8 shall give a copy of it to the head teacher who made the assessment.
19D.10
The classroom teacher who made the complaint under paragraph 19D.8, the head teacher or assessor who made the assessment and the review officer shall at the request of that teacher’s employers supply them with such records, information or evidence as the employers reasonably request.
19D.11.1
Where the employers are satisfied that —
a
the classroom teacher’s complaint under paragraph 19D.8 is justified; and
b
the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,
they shall refer the case to a replacement review officer for a further review and inform him of their conclusions and the reasons for their decision.
19D.11.2
The employers shall notify in writing the classroom teacher who made the complaint and the head teacher who made the assessment that they have referred the case to a replacement review officer and of the reasons for their decision.
19D.12
Where a reference is made to him under paragraph 19D.11.1, the replacement review officer shall carry out a further review taking account of the employers' conclusions and the reasons for their decision, and paragraphs 19D.3.2 and 19D.4 to 19D.15 shall apply to the further review.
19D.13
When the replacement review officer has determined the further review, he shall in addition to fulfilling the requirements of paragraph 19D.6 notify the employers in writing of his decision and of the reasons for it.
19D.14
Where the employers —
a
are not satisfied that the classroom teacher’s complaint under paragraph 19D.8 is justified; or
b
if they are so satisfied, they are not satisfied that the unlawful discrimination may have affected the review officer’s decision that the threshold assessment stood,
they shall dismiss the complaint, and notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it.
19D.15
The employers shall notify the classroom teacher who made the complaint and the head teacher who made the assessment in writing of their decision and the reasons for it under paragraph 19D.11.2 or 19D.14 (as the case may be) no later than the end of the period of 40 working days starting with the day on which the employers received the complaint under paragraph 19D.8.
.
17
After paragraph 39.4 there shall be inserted the following paragraph —
39.5
Nothing in paragraph 39 shall be taken to authorise —
a
paragraphs 19A to 19D to be disapplied in the case of an unattached teacher; or
b
an unattached teacher to whom paragraph 19.2 applies to be paid a salary based on the pay scale set out in paragraph 17.3.
.
Estelle Morris
Minister of State,
Department for Education and Employment
5th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Leeds Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Leeds 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 29th October 2001 a Primary Care Trust to be called the South Leeds Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Leeds 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 Leeds 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 Leeds Teaching Hospitals 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 Leeds Community and Mental Health Services Teaching National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
18th October 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Care Trusts (Applications and Consultation) Regulations 2001 and shall come into force on the 19th December 2001.
2
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1990 Act ” means the National Heath Service and Community Care Act 1990 ;
“the 2001 Act ” means the Health and Social Care Act 2001;
“an application for Care Trust designation” means an application to the Secretary of State pursuant to section 45(1) and (2) of the 2001 Act;
“the NHS Trusts Consultation Regulations ” means the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996 ;
“the Partnership Regulations ” means the NHS Bodies and Local Authorities Partnership Regulations 2000 ;
“the PCT Consultation Regulations ” means the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999 ;
“relevant local authority” means a local authority which is, or is to be, a party to LA delegation arrangements with the relevant NHS body;
“the relevant NHS body” means the Primary Care Trust or NHS trust (as the case may be) which is or is to be the party to LA delegation arrangements with a relevant local authority;
“relevant partners” means the bodies specified in either regulation 3(a) or (b).
3
These Regulations extend to England only .
Prescribed functions for the purposes of section 45(1)
2
1
The health-related functions of local authorities specified in regulation 6 of the Partnership Regulations are prescribed for the purposes of section 45(1) of the 2001 Act (designation of a trust as a Care Trust).
2
The NHS functions specified in regulation 5 of the Partnership Regulations are prescribed for the purposes of section 45(1) of the 2001 Act (designation of a trust as a Care Trust).
Prescribed bodies for the purposes of section 45(2)
3
The bodies prescribed for the purposes of section 45(2) of the 2001 Act (application to be made to the relevant authority jointly by every prescribed body) are —
a
where on the date of the application the relevant NHS body is established —
i
that NHS body, and
ii
each relevant local authority; or
b
where on the date of the application the relevant NHS body is not established but there is a proposal to establish that body —
i
the Heath Authority within whose area the relevant NHS body is to be established, and
ii
each relevant local authority.
Consultation
4
Before an application for Care Trust designation may be made the relevant partners shall consult jointly such persons as appear to them to be affected by the proposed application.
Application
5
An application for Care Trust designation shall be made in writing and shall include the following —
a
the proposed name of the Care Trust;
b
the proposed date of designation of the trust as a Care Trust;
c
a report of the results of the consultation referred to in regulation 4;
d
the number of members of each relevant local authority whom it is proposed by the relevant partners will be members of the Care Trust;
e
a copy of —
i
in the case of existing LA delegation arrangements, the agreement in relation to those arrangements made pursuant to regulation 8(1) and (2) of the Partnership Regulations, or
ii
in the case of proposed LA delegation arrangements, the draft of the proposed agreement to be made pursuant to regulation 8(1) and (2) of the Partnership Regulations in relation to those arrangements.
Combination of consultations
6
1
This regulation applies where the designation of a trust as a Care Trust is to be effected by an order which establishes a new trust under section 16A of the 1977 Act or under section 5(1) of the 1990 Act (as the case may be).
2
Where this regulation applies, and if each relevant local authority agrees, a Health Authority may combine the consultation required under regulation 4 of these Regulations with any consultation required —
a
under regulation 2(1)(b) of the PCT Consultation Regulations (consultation required before the Secretary of State may make an order establishing a Primary Care Trust), or
b
where paragraph (3) applies, under regulation 2(1) of the NHS Trusts Consultation Regulations (consultation required before the Secretary of State may make an order establishing an NHS Trust).
3
This paragraph applies where the Secretary of State has directed the Health Authority referred to in paragraph (2) to conduct the consultation required by regulation 2(1) of the NHS Trusts Consultation Regulations.
Revocation of Care Trust designation
7
1
Before an application may be made under section 45(4)(b) of the 200l Act (revocation of Care Trust designation) the party or parties proposing to make the application shall consult such persons as appear to them would be affected by the revocation.
2
Any such application shall be in writing and shall include the following —
a
the reason why the application is being made;
b
a report of the results of the consultation mentioned in paragraph (1);
c
details of any steps the applicants consider need to be taken in relation to the LA delegation arrangements in connection with the revocation.
Amendment of the Primary Care Trusts (Consultation on Establishment, Dissolution and Transfer of Staff) Regulations 1999
8
Regulation 3 of the PCT Consultation Regulations shall be amended as follows —
a
at the beginning of paragraph (2), insert “Subject to paragraph (2A),”;
b
after paragraph (2), insert the following paragraph —
2A
Paragraph (2) shall not apply where the order to be made under section 16A(2) is an order the only purpose of which is to designate an existing Primary Care Trust as a Care Trust (in accordance with section 45(5)(a) of the 2001 Act) (designation of an existing body as a Care Trust).
.
Amendment of the National Health Service Trusts (Consultation on Establishment and Dissolution) Regulations 1996
9
Regulation 2 of the NHS Trusts Consultation Regulations shall be amended as follows —
a
at the beginning of paragraph (3), insert “Subject to paragraph (3A),”;
b
after paragraph (3), insert the following paragraph —
3A
Paragraph (3) shall not apply where the order to be made under section 5(1) of the Act is an order the only purpose of which is to designate an existing NHS trust as a Care Trust (in accordance with section 45(5)(a) of the 2001 Act) (designation of an existing body as a Care Trust).
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
27th November 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 and shall come into force on 8th April 2002.
Amendments to regulations
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with Part I of the Schedule to these Regulations.
2
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with Part II of the Schedule to these Regulations.
Amendment of the Social Security (Attendance Allowance) Regulations 1991
3
In the Social Security (Attendance Allowance) Regulations 1991 —
a
in regulation 7 (persons in certain accommodation other than hospitals) —
i
in paragraph (1), for the words “regulations 7A and 8” there shall be substituted “regulation 8”;
ii
paragraph (3)(b) (persons to whom regulations 7 and 8 apply, with modifications) shall be omitted;
iii
in paragraph (4) —
aa
the words “Subject to paragraph (4A),” shall be omitted;
bb
in sub-paragraph (b), the words “and at least 4 other persons in that house are provided with board and personal care, excluding persons carrying on the house or employed there or their relatives” shall be omitted; and
iv
paragraph (4A) shall be omitted;
b
regulation 7A shall be omitted;
c
the Schedule shall be omitted.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
4
In the Social Security (Disability Living Allowance) Regulations 1991 —
a
in regulation 9 (persons in certain accommodation other than hospitals) —
i
in paragraph (1), for the words “regulations 9A and 10” there shall be substituted “regulation 10”;
ii
paragraph (4)(c) shall be omitted;
iii
in paragraph (5) —
aa
the words “Subject to paragraph (5A),” shall be omitted;
bb
in sub-paragraph (b), the words “and at least 4 other persons in that home are provided with board and personal care, excluding persons carrying on the home or employed there or their relatives” shall be omitted; and
iv
paragraph (5A) shall be omitted;
b
regulation 9A (persons to whom regulations 9 and 10 apply with modifications) shall be omitted;
c
Schedule 3 shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th November 2001


text:
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 2001 and shall come into force on 1st April 2001.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 67601 to 67630, 74001 to 74030, 74101 to 74130 and 67701 to 67730 and which form the electrical multiple-units numbered 458001 to 458030 of the class known as “Class 458” (“the exempted vehicles”) as manufactured by ALSTOM Transport Limited for use by South West Trains Limited.
4
1
Subject to articles 5 to 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(2);
regulation 5(1)(a), (b) and (c), but subject to the condition in article 5(1) below;
regulation 6(1)(b) and (d);
regulation 11(1)(a);
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are not on the front of an exempted vehicle; and
regulation 20(1)(d), (e) and (f), but subject to the condition in article 5(2) below.
5
1
The exemption given by article 4(2) above in relation to regulation 5(1)(b) shall only apply while —
a
the maximum amount of force required to operate a door control does not exceed 40 newtons; and
b
the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is reasonably available to assist a disabled person.
2
The exemption given by article 4(2) above in relation to regulation 20(1)(f) is given on the condition that, until a handrail compliant with regulation 20(1)(f) is installed, no other hinged handrail is installed to the side of the toilet in the nearest toilet cubicle to a wheelchair space.
6
1
The exemption given in respect of regulations 4(2) and 20(1)(f) shall cease at the end of 30th September 2001.
2
The exemption given in respect of regulations 5(1)(a), 6(1)(d), 11(1)(a) and 20(1)(d) and (e) shall cease at the end of 31st December 2010.
3
The exemption given in respect of regulation 5(1)(b) shall cease at the end of 31st July 2002.
4
The exemption given in respect of regulation 5(1)(c) shall cease —
a
at the end of 31st December 2010; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in all the doorways inside, and in both ends of, the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
5
The exemption given in respect of regulation 6(1)(b) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the band of colour across the front of a top tread at an external doorway is renewed before that date, when such renewal is completed.
6
The exemption given in respect of regulation 13(7) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the public addresses system for visual announcements is replaced by another system for such announcements before that date, when such replacement is completed.
7
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than South West Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
8
The Orders specified in the Schedule to this Order are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
8th March 2001


text:
1
These Regulations may be cited as the Air Passenger Duty and Other Indirect Taxes (Interest Rate) (Amendment) Regulations 2001 and come into force on 1st November 2001.
2
1
Amend regulation 4 of the Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1998 (interest payable to the Commissioners) as follows.
2
In paragraph (1) —
a
in sub-paragraph (e) omit “and”, and
b
after sub-paragraph (f) insert “and, (g) paragraphs 41(2)(f), 70(1)(b) and 81(3) of Schedule 6 to the Finance Act 2000 (climate change levy),”;.
3
At the end insert —
4
With effect from 1st November 2001 the rate of interest prescribed in paragraph (1) above for the purposes of paragraph 17 of Schedule 5 to the Finance Act 1997 also applies in the application of that paragraph to assessments under paragraph 14 or 15 of that Schedule as amended by paragraph 19 of Schedule 3 to the Finance Act 2001 .
3
Amend regulation 5(1) of the Air Passenger Duty and Other Indirect Taxes (Interest Rate) Regulations 1998 (interest payable by the Commissioners) as follows —
a
in sub-paragraph (a), for the words “paragraph 9 of Schedule 6 to the Finance Act 1994” substitute “Parts 2 and 3 of Schedule 3 to the Finance Act 2001 (interest payable on repayments etc. )”,
b
in sub-paragraph (d) omit “and”, and
c
after sub-paragraph (e) insert “and, (f) paragraphs 62(3)(f) and 66 of Schedule 6 to the Finance Act 2000 (climate change levy)”.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 2001