text:
PART I
PRELIMINARY
Citation, commencement and retrospective effect
1
1
These Regulations may be cited as the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000.
2
These Regulations shall come into force on 10th April 2000.
3
The following regulations shall have effect from 1st February 1991 —
a
regulations 1 to 10;
b
regulations 11(1) to (5), (7) and (8);
c
regulations 12 to 18; and
d
regulation 21.
4
Regulation 11(6) shall have effect from 1st December 1999.
Interpretation
2
1
In these Regulations —
“the Pension Scheme Regulations ” means the National Health Service Pension Scheme Regulations 1995 ;
“the Schedule” means the Schedule to these Regulations;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988 ;
“approved scheme” means a retirement benefit scheme approved under Chapter I of Part XIV of the Taxes Act (retirement benefit schemes);
“authorised fund” means a fund managed by an authorised provider selected by the Secretary of State for the purposes of these Regulations;
“authorised provider” has the meaning given to it by sections 10(6) of the Superannuation Act 1972 ;
“child” means a child who qualifies for a child’s allowance under regulation H2 of the Pension Scheme Regulations;
“contributor” means a person in respect of whom an election under regulation 3(1) has effect;
“date of retirement” means the date on which benefits become payable to the participator under regulations E1 to E5 or regulation L1, of those Regulations ;
“dependant” means —
a surviving spouse of a participator (providing the marriage was not, prior to 6th March 1995, subject to an order of judicial separation);
any surviving child of a participator; or
any person in whose favour a participator has made an election under regulation J1 of the Pension Scheme Regulations (allocation of pension);
“dependant’s pension” means a pension which becomes payable to a dependant on the death of a participator;
“free-standing additional voluntary contributions scheme” means an approved scheme which falls within section 591(2)(h) of the Taxes Act (discretionary approval);
“the Index” at any time means the Retail Price Index, or any successor agreed as appropriate by the Board of Inland Revenue, for the calendar month three months prior to that time;
“insurance company” means a body authorised under section 3 or 4 of the Insurance Companies Act 1982 to carry on long term business (within the meaning of section 1 of that Act ) or an EC company as defined by section 2(6) of that Act which carries on ordinary long term business (within the meaning of section 96(1) of that Act ) in the United Kingdom and in respect of which such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with;
“lump sum death benefit” means a lump sum which will become payable in the event of a person’s death while paying contributions to provide for it;
“participator” means —
a contributor who has made benefits election under regulation 11(3);
a contributor who has died;
a person who has ceased to be a contributor but has not exercised any right to receive a cash equivalent within the meaning of section 94 of the Pension Schemes Act 1993 or to be paid a lump sum under regulation 14; or
a person in respect of whom investments have been made under regulation 7(1), 8(2) or 9(4);
“pensionable employment” means NHS employment in respect of which a person contributes to the NHS Pension Scheme , or such other employment as the Secretary of State may approve for the purposes of a direction under section 7(2) of the Superannuation (Miscellaneous Provisions) Act 1967 ;
“pensionable service” is to be construed in accordance with regulation C2 of the Pension Scheme Regulations;
“personal pension scheme” means a scheme approved under Chapter IV and Part XIV of the Taxes Act;
“retirement” is to be construed in accordance with the Pension Scheme Regulations;
“retirement benefits scheme” has the meaning given in section 611 of the Taxes Act;
“salary” means all salary, wages, fees and other payments paid or made to a person for his own use in respect of his employment.
2
Subject as aforesaid and except where the context otherwise requires, other expressions in these Regulations have the same meaning as in the Pension Scheme Regulations.
PART II
ADDITIONAL VOLUNTARY CONTRIBUTIONS
Making and acceptance of elections
3
1
Subject to paragraph (3), a person in pensionable employment may elect to pay contributions under these Regulations for one or both of the following purposes —
a
for investment under regulation 7(1) to provide for an annuity payable on retirement; or
b
in accordance with regulation 7(2) to provide for a lump sum death benefit.
2
An election under under paragraph (1) may relate to contributions to be paid by, or on behalf of, the contributor, or contributions to be paid by the contributor’s employer, or both.
3
If the person making an election —
a
under paragraph (1)(b) is on leave of absence from his employment due to ill health on the date on which the notice of such an election is received by the Secretary of State; or
b
under paragraph (1)(a) or (b) is not receiving tax relief under section 594(1) of the Taxes Act (exempt statutory schemes) or otherwise in respect of contributions paid under regulation D1 of the Pension Scheme Regulations (contributions by members) on the date on which the notice of such an election is received by the Secretary of State,
such an election shall not have effect.
4
An election under paragraph (1) shall be made by giving written notice to the Secretary of State which shall specify —
a
whether the election is with a view to investment under regulation 7(1) of regulation 7(2), or both;
b
the amount of contributions; and
c
in relation to contributions for the purpose of investment under regulation 7(1), the authorised fund or funds in which the contributions are to be invested.
5
The Secretary of State shall not accept an election under paragraph (1) —
a
where any limit imposed by regulation 4(4) or (5), or 13 (limits on contributions and benefits) would be exceeded; or
b
in the case of an election for the purposes of paragraph (1)(b), unless he is satisfied that —
i
the person making the election has complied with the requirements of regulation 16(2) (provision of information); and
ii
at the time of making an election the person is in good health; and
iii
there is not reason why his health should prevent him from making contributions.
6
Subject to paragraph (5)(b) above and regulation 4(4) —
a
where contributions are paid for the purposes of paragraph (1)(b) —
i
until the contributor reaches his 60th birthday; and
ii
on reaching his 60th birthday he continues to be in pensionable employment,
the contributor may elect for further contributions to be paid until he reaches his 61st birthday; and
b
a person to whom paragraph (a) above applies may continue to elect annually for further contributions to be paid provided he continues to be in pensionable employment.
7
For the purposes of paragraph (1) or (6) of this regulation, an election shall have effect from the date when it is accepted by the Secretary of State.
8
The Secretary of State shall notify in writing the person who has made an election under paragraph (1), of the Secretary of State’s acceptance of that election.
Payment and amount of additional voluntary contributions
4
1
Contributions under these Regulations may be made by way of —
a
periodical payments on a weekly, monthly, quarterly, or any other basis, depending upon when the contributor’s salary is paid; or
b
a single payment.
2
The contributor’s employer may deduct any amount payable by the contributor from the contributor’s salary.
3
Deductions from salary made in accordance with paragraph (2) above —
a
shall commence in respect of the first whole pay period falling after the date when the employer receives authorisation from the authorised provider to make the deductions;
b
shall be remitted to the Secretary of State —
i
as soon as is reasonably practicable; or
ii
in the case of deductions to be made on or after the date on which these Regulations come into force, no later than 7 days after their deduction.
4
Subject to paragraph (5), in any period of 12 months beginning on 6th April in any year the total contributions payable by the contributor shall not exceed —
a
15 per cent. of the amount which represents the contributor’s salary less the total of any contributions paid by the contributor in respect of that year —
i
to another approved scheme;
ii
to free-standing additional voluntary contributions scheme; or
iii
under the Pension Scheme Regulations;
b
the amount which would be likely to provide benefits of the largest amounts allowed by regulation 13,
whichever is the lesser.
5
Where an election has been made under regulation 3(1)(b) to provide for a lump sum death benefit, contributions payable by virtue of that election, or of any further election under regulation 3(6) or 5(2)(a), may not, on or after the date on which the Secretary of State accepts the election under regulation 3(1)(b), be of such an amount as to provide for a lump sum death benefit in excess of the amount permitted under paragraph 19(4) of the Schedule.
Variation and cancellation of elections
5
1
A contributor who has elected under regulation 3(1)(a) to pay contributions for the purpose of investment under regulation 7(1) may at any time by giving written notice to the Secretary of State —
a
subject to regulation 4(4), alter the amount of the contributions;
b
require the whole or part of any future contributions to be invested in some other authorised fund;
c
require the Secretary of State to realise the whole or part of any investments made and to reinvest the proceeds in some other authorised fund; or
d
cancel the election.
2
A contributor who has elected under regulation 3(1)(b) to pay contributions to provide a lump sum death benefit under regulation 7(2) may at any time by giving written notice to the Secretary of State —
a
subject to regulation 4(4) and (5) and provided the circumstances described in regulation 3(3) do not exist such that the Secretary of State would not accept an election under regulation 3(1)(b), elect that a specified larger sum is to be secured and the contributions increased accordingly; or
b
cancel the election.
3
The Secretary of State shall give effect as soon as is reasonably practicable to the terms of any notice given under this regulation.
Circumstances in which elections cease to have effect
6
An election shall cease to have effect where a contributor —
a
receives payment of benefits under regulations E1 to E5 or regulation L1, of the Pension Scheme Regulations, except where the contributor is entitled to accrue further benefits in the circumstances described in regulation B3(2) of those Regulations (restriction on further participation in the scheme);
b
leaves pensionable employment;
c
ceases to be in pensionable employment by virtue of an election under regulation B4 of the Pension Scheme Regulations (opting-out of the scheme); or
d
ceases to receive tax relief under section 594(1) of the Taxes Act (exempt statutory schemes) or otherwise in respect of contributions paid under regulation D1 of the Pension Scheme Regulations (contributions by members).
Investment of additional voluntary contributions
7
1
Any contributions paid in respect of a contributor for investment under this paragraph shall be invested by the Secretary of State in accordance with any notice under regulation 3(4) or 5(1).
2
Any contributions paid in respect of a contributor to provide for a lump sum death benefit under this paragraph shall be paid by the Secretary of State to an insurance company selected by him so as to secure the payment of a lump sum death benefit of the amount required by any notice under regulation 3(4) or 5(2).
Inward transfers
8
1
Where a person who enters pensionable employment has paid contributions to —
a
a free-standing additional voluntary contributions scheme; or
b
an approved scheme which provides additional benefits by virtue of additional voluntary contributions but does not fall within section 591(2)(h) of the Taxes Act (discretionary approval),
that person, whether or not he becomes a contributor within the meaning of these Regulations, may, within 12 months of entering pensionable employment, or such longer period as the Secretary of State may in any particular case allow, give written notice to the Secretary of State that he wishes the Secretary of State to accept from the trustees or managers of that scheme a transfer value representing at least the value of the investments derived from his contributions.
2
Where a transfer value is accepted by the Secretary of State it shall be invested by him, in accordance with the wishes of the person entering pensionable employment, in one or more of the authorised funds.
3
Where a transfer value is invested under paragraph (2) the person may at any time, by giving written notice to the Secretary of State, require the Secretary of State to realise the whole or part of the sums so invested and to reinvest the proceeds in a different way.
Inward transfers: mis-sold pensions
9
1
This regulation shall apply to a person to whom regulation B5 of the Pension Scheme Regulations (opting into the scheme: mis-sold pensions) applies and in respect of whom a transfer payment within the meaning of regulation N3A of those Regulations (transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme) has been paid by a personal pension scheme to the Secretary of State.
2
Subject to paragraph (3), where, at any time, a person to whom this regulation applies elects to join or rejoin the scheme under regulation B4(5) of the Pension Scheme Regulations (joining or rejoining the scheme after opting-out), that person, whether or not he becomes a contributor within the meaning of these Regulations, may, within 12 months of joining or rejoining the scheme, or such longer period as the Secretary of State may in any particular case allow, give written notice to the Secretary of State that he wishes the Secretary of State to accept a transfer value for the purposes of these Regulations.
3
For the purposes of paragraph (2), the transfer value shall be of an amount representing the difference between —
a
the capitalised value of the accrued rights to benefit in the personal pension scheme from which the transfer value is paid which is attributable to contributions made to that scheme by the person referred to in paragraph (1) during his opted-out service; and
b
the amount referred to in regulation N3A(2)(i) of the Pension Scheme Regulations (transfers in respect of members to whom regulation B5 applies who elect to join or rejoin the scheme).
4
Where a transfer value is accepted by the Secretary of State it shall be invested by him, in accordance with the wishes of the person referred to in paragraph (1), in one or more of the authorised funds.
5
Where a transfer value is invested under paragraph (4) that person may at any time, by giving written notice to the Secretary of State, require the Secretary of State to realise the whole or part of the sums so invested and to reinvest the proceeds in a different way.
6
In this regulation —
“opted-out service” means the period of NHS employment in respect of which the Secretary of State has approved an additional period of pensionable service for the purposes of regulation N3A(2)(i) of the Pension Scheme Regulations; and
“personal pension scheme” has the meaning given by regulation B5(4) of the Pension Scheme Regulations.
Outward transfers
10
1
Subject to paragraph (2), the Secretary of State shall, in circumstances where a transfer payment in respect of a person is provided and used in accordance with regulation M1 of the Pension Scheme Regulations (member’s right to transfer or buy-out), pay a transfer value representing the value of the investments made in relation to that person under regulation 7(1), 8(2) or, as the case may be, 9(4) at that person’s option to one of the following schemes in which that person may be participating —
a
an approved scheme which provides additional benefits by virtue of additional voluntary contributions but does not fall within section 591(2)(h) of the Taxes Act (discretionary approval);
b
a personal pension scheme; or
c
any other arrangement which has been approved by the Board of Inland Revenue to accept transfer payments, provided that the transfer value shall not be used to purchase benefits in the form of a tax free lump sum.
2
Where the Secretary of State is required to make a transfer payment under this regulation, he shall do so by whichever is the earlier of —
a
the end of the period of 6 months beginning with the guarantee date; or
b
if the person in respect of whom the transfer payment is to be made —
i
is no longer making contributions to the National Health Service Pension Scheme on a date prior to his attaining the age of 59 years; and
ii
made his application for a transfer payment during the period of 6 months beginning with that date,
the date on which he attains the age of 60 years.
3
In this regulation “the guarantee date” has the meaning given to it in section 93A(2) of the Pension Schemes Act 1993 (salary related schemes: right to statement of entitlement).
PART III
PROVISION OF BENEFITS
Retirement and dependants' pensions
11
1
Subject to paragraph (7) and regulation 15(10) and (11), the proceeds of any investment made under regulation 7(1), 8(2) or 9(4) may be used only for the purchase from an insurance company of an annuity which complies with the requirements of paragraph (2).
2
An annuity complies with the requirements of this paragraph if —
a
it provides a retirement pension which commences not earlier than the date of the participator’s retirement and is payable to him for life;
b
any dependant’s pension which is payable under it is payable only on the death of the participator after his retirement and is payable to the dependant for life, except that in the case of a dependant who is a child to whom Part H of the Pension Scheme Regulations (child allowance) applies it shall cease to be payable when that person ceases to be a dependent child within the meaning of those Regulations; and
c
it is not capable in whole or in part of surrender, assignment or commutation.
3
Not earlier than 3 months before the date of his retirement, a participator, by giving written notice to the Secretary of State, shall make a benefits election which shall specify —
a
whether only a retirement pension is to be provided;
b
for whom, if anyone, a dependant’s pension is to be provided;
c
if more than one pension is to be provided; either —
i
the proportion of the amount secured by the total investments made under regulation 7(1), 8(2) or 9(4) that is to be applied to the purchase of each of them; or
ii
the dependants' pensions to be provided expressed as a percentage of the retirement pension;
d
in respect of every pension to be provided, whether the annual rate of the pension —
i
is to be fixed; or
ii
is to vary in accordance with the Index; or
iii
is to increase yearly by a specified percentage or, if lower than that percentage, by the increase in the Index for the year in question; and
e
the authorised provider who is to provide each pension.
4
In the case of a retirement pension, the notice of election under paragraph (3) may also specify that if the participator dies within the period of 5 years beginning with the date with which the retirement pension commences, the balance that would have been payable during the remainder of that period, if the pension had continued at the rate in force at the time of the participator’s death, is to be paid as a lump sum in accordance with regulation 15(3).
5
Upon receipt of a notice of election under paragraph (3) the Secretary of State shall, as soon as reasonably practicable, realise the investments made under regulation 7(1), 8(2) or 9(4) and apply the proceeds to the purchase of an annuity from the authorised provider specified in the notice of election.
6
Notwithstanding whether benefits to which a participator may be entitled under Part E or regulation L1 of the Pension Scheme Regulations (benefits for members or preserved pension) are payable, where a participator’s date of retirement falls on or after 1st December 1999 and he has —
a
reached the age of 75; and
b
failed to give a notice of election under paragraph (3) on or before the date of his 75th birthday,
the Secretary of State may realise the investments made under regulation 7(1), 8(2) or 9(4) and apply the proceeds to the purchase of a pension policy from an insurance company in order to provide such benefits as appear to him to be suitable.
7
Where the participator dies before retirement, or dies after retirement but before an annuity such as is mentioned in paragraph (5) is acquired, the investments made under regulation 7(1), 8(2) or 9(4) shall be realised and shall be payable as a lump sum in accordance with regulation 15(3), subject to any limit imposed by regulation 13 and paragraph 19 of the Schedule.
8
If the benefits provided by the annuity purchased in accordance with paragraph (5), when aggregated with the benefits payable under the Pension Scheme Regulations arising from the participator’s pensionable service, do not exceed any amount prescribed by regulations for the time being in force under section 21(1) of the Pension Schemes Act 1993 (commutation, surrender and forfeiture), the authorised provider may discharge the liability for payment of the benefits under the annuity by payment of a lump sum representing their capital value in accordance with regulation 15(4).
Lump sums on death
12
1
Subject to paragraph (2), where a contributor who has elected under regulation 3(1)(b) to pay contributions to provide for a lump sum death benefit dies, the lump sum shall be payable.
2
Any lump sum payable under paragraph (1) shall not exceed the amount permitted under paragraph 19(4) of the Schedule.
Benefit limits
13
1
The Schedule shall have effect for limiting the benefits that may be paid under these Regulations.
2
The maximum annual rate of a retirement pension or dependant’s pension ascertained from the Schedule may be increased —
a
by 3 per cent. for each completed year that has elapsed; or
b
if a greater increase results, in proportion to the increase in the Index that has occurred,
since the date on which the pension became payable.
3
The Secretary of State shall comply with the requirements of regulation 5 of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Additional Voluntary Contributions) Regulations 1993 (restriction on discretion to approve — other schemes), and where, within the meaning of those Regulations, the scheme is the “leading scheme” in relation to a member, with the requirements of regulation 6 of those Regulations (calculation of surplus funds) so far as they concern “main schemes” for the purposes of those Regulations.
PART IV
MISCELLANEOUS PROVISIONS
Repayment of investments in certain cases
14
1
In the case of a person who —
a
ceases to be employed in pensionable employment; and
b
has applied for and received a refund of contributions under regulation L2 of the Pension Scheme Regulations (refund of contributions),
the Secretary of State shall subject to paragraph (2), make arrangements for that person to receive a lump sum equal to the total realisable value of the investments made by the Secretary of State in respect of that person under regulation 7(1), 8(2) or 9(4) less the amount of tax chargeable under section 598 of the Taxes Act (charge to tax: repayment of employee’s contributions) , in accordance with regulation 15(4).
2
Where, in the circumstances mentioned in paragraph (1), contributions have been made by an employer, the Secretary of State shall make arrangements for that employer to receive a lump sum equal to the total realisable value of the investments made by the Secretary of State under regulation 7(1) in respect of contributions made by that employer less the amount of tax chargeable under section 601 of the Taxes Act (charge to tax: payment to employers).
Payments by the Secretary of State
15
1
Subject to paragraph (2), where an authorised provider fails to pay any amount due by way of an annuity or lump sum death benefit to be provided in accordance with these Regulations, the Secretary of State shall be liable to pay that amount.
2
Where, on or after the date on which these Regulations come into force, a participator elects for benefits to be provided by an authorised provider other than the provider selected by the Secretary of State, the Secretary of State shall not be liable under paragraph (1).
3
Lump sums payable as mentioned in regulation 11(4), or under regulation 11(7) or 12 shall be paid —
a
to the deceased’s spouse; or
b
to the deceased’s personal representatives if —
i
there is no spouse; or
ii
a notice has been given in accordance with regulation F5(3) of the Pension Scheme Regulations (payment of lump sum) that the spouse is not to receive the payment.
4
Lump sums payable under regulation 11(8) or 14(1) shall be paid to the participator.
5
Subject to paragraph (6) below, if, on the death of a participator, a lump sum would have been payable under regulation 11(7) or 12, but the whole or part of that sum cannot be paid by reason of regulation 13 and paragraph 19 of the Schedule, any amount which cannot be paid under these provisions shall be used for the purchase of annuity which complies with the provisions of regulation 11(2)(b) and (c) to provide a pension for —
a
the spouse of the participator, but if none is living;
b
any dependant child of the participator.
6
In relation to paragraph (5) above any such pension shall be —
a
subject to any limit imposed by regulation 13 and paragraph 18 of the Schedule; and
b
paid to the deceased’s personal representatives after any amount of tax chargeable under section 599A of the Taxes Act (charge to tax: payments out of surplus funds) has been deducted from —
i
any amount remaining after the purchase of such a pension; or
ii
the whole amount if no person who is mentioned in paragraph (5)(a) or (b) above is living.
7
If, by reason of regulation 13 and paragraphs 11 to 18 of the Schedule, an annuity falling to be provided under regulation 11 is not payable in full, there shall, subject to paragraph (8), be paid to the participator the balance of the amount, or aggregate of amounts, not exceeding the prescribed amount as defined in paragraph (9), out of investments realised by virtue of regulation 11(5) which would otherwise have been applicable to the purchase of the annuity, less the amount of any tax chargeable under section 599A of the Taxes Act.
8
Where, in the circumstances mentioned in paragraph (7), contributions have been made by the employer, the balance (to the extent that it is attributable to contributions made by the employer) less the amount of any tax chargeable under section 601 of the Taxes Act (charge to tax: payments to employers), shall be paid to the employer.
9
In paragraph (7) the reference to the prescribed amount is to an amount calculated in accordance with the method for the time being specified in regulations made for the purposes of section 591 of the Taxes Act (discretionary approval) as the method to be used for calculating the amount of any surplus funds.
10
Subject to paragraph (11) below, in the case of a participator to whom any of regulations E1 to E5 or L1 of the Pension Scheme Regulations applies (benefits for members, or preserved pension), the Secretary of State may realise such part of the investments made under these Regulations as is derived from an contributions made by the participator’s employer without purchasing an annuity and, in that event, the amount shall be payable to the participator as a lump sum.
11
In the case of a participator to whom regulation E2(7) (early retirement on grounds of ill health) or L1(5) (preserved pension) of the Pension Scheme Regulations applies, the Secretary of State may realise the investments made under these Regulations without purchasing an annuity and, in that event, the proceeds shall be payable to the participator as a lump sum less any charge to tax under section 599 of the Taxes Act.
Information
16
1
A person making an election under these Regulations, and his employer, shall give the Secretary of State such information as he may reasonably require for the purposes of his functions under these Regulations.
2
Without prejudice to the generality of paragraph (1), a person making —
a
an election under regulation 3(1)(b) or (6) for the provision of a lump sum death benefit; or
b
an election under regulation 5(2)(a),
shall, in particular, give the Secretary of State such information about his health as the Secretary of State may reasonably require.
Payments in respect of deceased persons
17
1
This regulation applies where a person dies and the total of —
a
any sums that were due to him under these Regulations; and
b
any sums payable under these Regulations to his personal representatives,
does not exceed the amount specified in any order for the time being in force for the purposes of section 1 of the Administration of Estates (Small Payments) Act 1965 and which applies in relation to the death.
2
Where this regulation applies the Secretary of State may, without requiring the production of proof of title, pay any amount due under either, or, as the case may be, both of sub-paragraphs (a) and (b) of paragraph (1) —
a
to the deceased’s personal representatives; or
b
to the person, or to or among any one or more of any persons, appearing to him to be beneficially entitled to the estate,
and any person to whom such a payment is made, and not the Secretary of State, shall thereafter be liable to account for any amount so paid.
Benefits not assignable on bankruptcy
18
1
On the bankruptcy of a person entitled to benefit under these Regulations, no part of the benefit shall be paid to any trustee or other person acting on behalf of creditors, except as provided for in paragraph (2).
2
Where, following the bankruptcy of any person entitled to benefit under these Regulations, the court makes an order under section 310 of the Insolvency Act 1986 that requires the Secretary of State to pay all or part of the benefit to the person’s trustee in bankruptcy the Secretary of State shall comply with that order.
Offset for crime, negligence or fraud
19
Where, on or after the date on which these Regulations come into force —
a
the circumstances set out in regulation T5 of the Pension Scheme Regulations (offset for crime, negligence or fraud) have occurred; and
b
there has been a loss to public funds,
the Secretary of State may, in relation to benefits which arise by virtue of any employer’s contributions paid on or after the date on which these Regulations come into force, reduce the amount of any benefit payable to or in respect of a person under these Regulations, to the extent set out, and subject to the conditions specified, in that regulation.
Loss of rights to benefits
20
Where —
a
A person entitled to benefit under these Regulations is convicted of an offence referred to in paragraph (1) of regulation T6 of the Pension Scheme Regulations (loss of rights to benefits), which was committed on or after the date on which these Regulations come into force; and
b
the circumstances are such that a direction may be made by the Secretary of State under regulation T6 of those Regulations,
the Secretary of State may direct that all or part of any rights to benefit under these Regulations which arise by virtue of any employer’s contributions paid on or after the date on which these Regulations come into force, are to be forfeited.
Determination of questions
21
Any question arising under these Regulations as to the rights or liabilities of any person shall be determined by the Secretary of State.
John Denham
Minister of State,
Department of Health
14th March 2000
We consent to the making of these Regulations.
Greg Pope
Clive Betts
Lords Commissioners of Her Majesty’s Treasury
16th March 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Action for Education and Employment South East Sheffield Education Action Zone Order 2000 and shall come into force on 17th April 2000.
Interpretation
2
In this Order —
“partners” means those bodies listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Constitution of education action zone
3
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the Action for Education and Employment South East Sheffield Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
4
There shall be an Education Action Forum for the zone to be known as the Action for Education and Employment South East Sheffield Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State;
c
persons appointed by the partners, as specified in Schedule 1 to this Order.
5
The Forum may at any time appoint up to eight additional members in total, chosen from the following groups —
a
persons who appear to the Forum to represent the interests of business;
b
parents of children of compulsory school age at zone schools;
c
persons with expertise in the voluntary sector;
d
persons with expertise in education who either live or work in the area served by the zone schools;
e
persons who represent the interests of nursery schools within the area served by the zone schools.
Disqualification for membership of the Forum
6
Articles 7 to 9 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
7
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
8
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, 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
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
9
Any member of the Forum who, without the consent of the Forum has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified for continuing to be a member of the Forum without prejudice however, to his re-appointment.
Removal from office
10
A member of the Forum may be removed from office by the Forum in the following circumstances:
a
in the case of a member who was a governor of a zone school at the time he was appointed to the Forum pursuant to article 4(a), if that person ceases to be a governor at that zone school;
b
in the case of any member appointed pursuant to article 4(a), if the school referred to in that article closes or ceases to form part of the zone;
c
in the case of a member appointed by a partner who is a company pursuant to article 4(c) if the company in question is dissolved.
d
in the case of a member appointed pursuant to article 5(a), (b) or (e), if that member no longer meets the description set out in the paragraph under which he was appointed.
Chairman’s tenure of office
11
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
22nd March 2000


text:
Citation and commencement
1
These Regulations may be cited as the Royal Navy Terms of Service (Ratings) (Amendment) Regulations 2000 and shall come into force on 1st August 2000.
Amendments to Regulations
2
1
The Royal Navy Terms of Service (Ratings) Regulations 1982 shall be amended in accordance with the following provisions of this regulation.
2
In regulations 3A(2) (change in terms of engagement) and 5(1) (restrictions on the right to give notice), and in paragraphs (1), (4) and (5) of regulation 8 (continuance in service), the words “12 months'” shall be substituted for the words “18 months'” wherever they appear.
3
For regulation 4 (right to transfer to the reserve) there shall be substituted —
4
1
Subject to regulations 3A(2) and 5, a person who has entered the Royal Navy for a term of service may give 12 months' notice in writing to his commanding officer of his desire to be transferred to the reserve and he shall, upon expiration of such notice, be so transferred.
2
No such notice may be given until the expiration of 2 years and 6 months from the date he completed his period of initial training or from the relevant date, whichever is the later.
4
For regulation 7 (right of recruit to claim discharge) there shall be substituted —
7
1
Subject to the following provisions of this regulation, a person who enters the Royal Navy who has not previously so entered shall have the right to determine his service by giving notice in writing to his commanding officer.
2
The notice referred to in paragraph (1) shall not have effect unless it is given after the recruit has completed 28 days' service and before the expiration of the period of 6 months beginning with the date of his engagement.
3
Subject to paragraph (4), a person claiming his discharge by virtue of paragraph (1) shall be entitled to be discharged at the end of a period of 14 days beginning with the date on which he gave notice.
4
If such notice expires at a time when ratings may be retained in service in the Royal Navy under the powers conferred by section 4 of the Armed Forces Act 1966 (postponement in certain cases of discharge of ratings), he shall not be entitled to be discharged so long as ratings are so retained.
5
In calculating any period of time referred to in this regulation, no account shall be taken of any day during the whole or part of which the person was absent either on leave or for an unauthorised purpose.
5
In Schedule 1 (Competent Naval Authorities) —
a
the entry relating to Regulation 4(2) shall be omitted; and
b
the words “The Naval Secretary” shall in each case be substituted for the words —
i
“Director of Naval Manpower Planning”;
ii
“The Director General of Naval Manpower and Training”; and
iii
“The Head of Naval Manpower and Training Division, Ministry of Defence”.
Savings
3
The Royal Navy Terms of Service (Ratings) Regulations 1982 shall continue to apply without the amendment made by regulation 2(4) in relation to any person whose date of engagement is before 1st August 2000.
On behalf of the Defence Council
Mr John Spellar
ADM Sir Michael Boyce
Members of the Defence Council
4th July 2000


text:
Commencement and citation
1
This Order may be cited as The A205 Trunk Road (Lewisham) Red Route (Bus Priority) Traffic Order 2000, and shall come into force on 13th March 2000.
Interpretation
2
In this Order–
a
a reference to an article or schedule followed by a number is a reference to the article of, or schedule to, this Order so numbered;
b
causing includes permitting;
c
“carriageway” has the same meaning as in section 329(1) of the Highways Act 1980 ;
d
“vehicle” includes part of a vehicle;
e
“bus”, “local bus”, “pedal cycle”, “taxi”, “traffic lane”, “contra-flow” and “with-flow lane” have the meanings given in the Traffic Signs Regulations and General Directions 1994 ;
f
“bus lane” means a traffic lane on a length of road which is specified in column (2) in the table in schedule 1 and in respect of which traffic signs are in place indicating the controls specified in this Order;
g
“bus-only route” means an area of road which is specified in column (2) in the table in schedule 2 and in respect of which traffic signs are in place indicating the controls specified in this Order;
h
“dial-a-ride bus” means a vehicle–
i
displaying so as to be conspicuous on the outside of the vehicle a logo in a form approved by or with the authority of the Traffic Director for London and containing the words “dial-a-ride”; and
ii
constructed or adapted for the carriage of disabled persons and their companions and which is being used to provide a service for the carriage of such persons;
i
“times of operation” means
in relation to a bus lane specified in an item in column (2) of the table in schedule 1, the times specified in column (3) of that item, and
in relation to a bus-only route specified in an item in column (2) of the table in schedule 2, the times specified in column (3) of that item;
j
an entry in column (3) , (4) or (5) of an item in the table in schedule 1 or 2 applies to that column in subsequent items in that table.
Bus Priority Controls
3
1
Except as provided in articles 4 and 5, no person shall cause a vehicle to be in a bus lane in a length of road specified in an item in column (2) of the table in schedule 1 during the times specified in that item in column (3) of that item unless that vehicle is proceeding in the direction specified in column (4) of that item and is of a type specified in column (5) of that item.
2
Except as provided in article 5, no person shall cause a vehicle to be in a bus-only route in an area of road specified in an item in column (2) of the table in schedule 2 during the times specified in that column (3) of that item unless that vehicle is proceeding in the direction or directions specified in column (4) of that item and is of a type specified in column (5) of that item.
Exemptions — Bus Lanes
4
1
The controls specified in article 3(1) do not apply so as to prevent a vehicle being in a bus lane if and for as long as necessary–
a
to enable a person to get on or off the vehicle; or
b
to enable goods to be loaded on to or unloaded from the vehicle;
if and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) do not apply in respect of a vehicle which is being used for a purpose which is within an exemption to a restriction or prohibition imposed by any other Order or which is permitted by any other Order.
3
The controls specified in article 3(1) do not apply in respect of a vehicle crossing a bus lane to get to or from any road adjacent to the bus lane or any vehicular access to premises adjacent to the bus lane.
Exemptions — Bus Lanes and Bus-Only Routes
5
1
The controls specified in articles 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or a bus-only route if the vehicle is being used in–
a
the service of a local authority for the purpose of collecting refuse;
b
the pursuance of any statutory duty of the Post Office for the purpose of collecting or delivering letters provided the vehicle bears the Royal Mail livery;
c
connection with the removal of any obstruction to traffic;
d
connection with the maintenance, improvement or reconstruction of any road;
e
connection with the maintenance, improvement or construction of any street furniture including bus stop infrastructure;
f
connection with any building operation or demolition;
g
connection with the laying, erection, alteration or repair in or near the bus lane of any sewer or of any main, pipe or apparatus for the supply of gas, water or electricity, or of any telecommunications apparatus as defined in paragraph 1(1) of Schedule 2 of the Telecommunications Act 1984 ;
if the vehicle cannot be used for that purpose without being in the bus lane or the bus-only route and in so far as the activity is not prohibited by the provisions of any other Order.
2
The controls specified in article 3(1) and 3(2) do not apply in respect of a vehicle being in a bus lane or bus-only route–
a
so as to avoid an accident;
b
to allow a person to get or give help in consequence of an accident or emergency or otherwise take action for public safety;
c
to such an extent and for such a time as is needed to comply with any requirement resulting from works or an emergency in any part of the road adjoining the bus lane or bus-only route;
d
if it is being used for ambulance, fire brigade or police purposes.
3
The controls specified in articles 3(1) and 3(2) do not apply in respect of anything done with the permission or at the direction of a police constable in uniform or a traffic warden.
Revocation or variation of existing Orders
6
The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1998 and The A205 Trunk Road (Lewisham) Red Route Experimental Traffic Order 1998 Variation Order 1999 are hereby revoked in so far as their provisions relate to any length of road specified in the table in Schedule 1 or Schedule 2 to this Order.
Signed in accordance with a direction from the Secretary of State
Derek Turner
Traffic Director for London
24th February 2000


text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Support Schemes (Modulation) Regulations 2000 and shall come into force on 1st January 2001.
Application
2
1
Subject to paragraph (2), these Regulations shall apply to England.
2
In relation to payments to a farmer under any IACS support scheme, these Regulations shall apply, and shall apply only, in so far as the Minister is the relevant competent authority in relation to the farmer’s holding.
Interpretation
3
1
In these Regulations —
“agrimonetary compensation” means a payment made pursuant to Article 4 or 5 of the Agrimonetary Regulation by way of supplement to a payment (“the principal payment”) made pursuant to a support scheme;
“the Agrimonetary Regulation” means Council Regulation ( EC ) No. 2799/98 establishing agrimonetary arrangements for the euro ;
“Board schemes” means support schemes in relation to which the Intervention Board is responsible for making payments;
“the Council Regulation” means Council Regulation (EC) No. 1259/1999 establishing common rules for direct support schemes under the common agricultural policy of the European Community;
“Council Regulation 3508/92” means Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“farmer” has the meaning given to it by Article 1(4) of Council Regulation 3508/92;
“holding” has the meaning given to it by Article 1(4) of Council Regulation 3508/92;
“IACS support scheme” means —
any support scheme specified in Article 1 of Council Regulation 3508/92, as that scheme has effect at the date on which these Regulations are made;
any scheme providing for LFA supplements; and
any scheme for the payment of aid by way of agrimonetary compensation;
“Intervention Board” means the Intervention Board for Agricultural Produce established under section 6(1) of the European Communities Act 1972;
“LFA supplement” means a payment made under Council Regulation (EEC) No. 1323/90 instituting specific aid for sheep and goat farming in certain less-favoured areas of the Community , by way of supplement to a payment of premium made to a producer of sheepmeat or goatmeat;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“the relevant amount” means any amount which, if regulation 4 did not apply, would be payable by the Minister or, as the case may be, the Intervention Board pursuant to the support scheme in question;
“relevant competent authority” means the authority which is the relevant competent authority within the meaning of the Integrated Administration and Control System Regulations 1993 ;
“relevant purposes” means the purposes of any payment made pursuant to any measure which implements any provision of Articles 13 to 24 (inclusive) or Article 31 of the Rural Development Regulation;
“relevant scheme year” means the scheme year beginning in 2001 or in any subsequent year up to and including 2006;
“the Rural Development Regulation” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF ) and amending and repealing certain Regulations;
“scheme year” means the twelve months in respect of which payments are made pursuant to the support scheme in question; and
“support scheme” means any support scheme listed in the Annex to the Council Regulation.
2
For the purposes of these Regulations, a payment is made pursuant to a support scheme if —
a
it is made in accordance with the requirements of that scheme; or
b
in so far as it is financed by the Guarantee section of the European Guidance and Guarantee Fund, it is made pursuant to any determination made by the Minister in implementation of that scheme.
Modulation of support scheme payments
4
1
For the purposes of calculating the amount of any payment to which any person is entitled pursuant to any support scheme in respect of a relevant scheme year, the Minister or (in the case of payments under Board schemes) the Intervention Board shall deduct from the relevant amount the specified proportion of that amount, and shall apply the sum so deducted by way of funds for one or more of the relevant purposes.
2
For the purposes of paragraph (1), a payment of agrimonetary compensation shall be treated as made in respect of the scheme year in respect of which the principal payment which it supplements was made.
3
In this regulation, “the specified proportion” means —
a
in respect of the scheme year which begins in 2001, 2.5%;
b
in respect of the scheme year which begins in 2002, 3.0%;
c
in respect of the scheme year which begins in 2003 and that which begins in 2004, 3.5%; and
d
in respect of the scheme year which begins in 2005 and that which begins in 2006, 4.5%.
Joyce Quinn
Minister of State, Ministry of Agriculture, Fisheries and Food
23rd November 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contracting-out and Qualifying Earnings Factor and Revision of Relevant Pensions) Regulations 2000 and shall come into force on 1st November 2000.
2
For the purpose of these Regulations, including this regulation, —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 2000 Act ” means the Child Support, Pensions and Social Security Act 2000; and
“relevant pension” has the meaning given to it in section 38(6) of the 2000 Act.
Modification of the application of section 44(5A) of the 1992 Act
2
1
Where, by virtue of subsection (1) of section 48A of the 1993 Act, section 44(6) of the 1992 Act has effect for the tax year 2000–01 or any later tax year, in relation to some but not all of the earnings of an earner, the application of section 44(5A) of the 1992 Act is modified for that year in accordance with this regulation.
2
In a case where the year is one in which the amount of a Class 1 contribution in respect of the earnings paid to or for the benefit of an earner in a tax week is reduced under section 41 or 42A of the 1993 Act (reduced rates of Class 1 contributions for earners in contracted-out employment) section 44(5A) of the 1992 Act is modified so that the qualifying earnings factor for the purposes of paragraph (a) of that section shall be calculated by applying the formula —
L × ( 52 - N )
where —
L is the weekly lower earnings limit for that year; and
N is the number of tax weeks in that year in which a Class 1 contribution for the earner is reduced in accordance with sections 41 or 42A of the 1993 Act.
3
In a case where the year is one in which an amount is paid in respect of an earner under section 45(1) of the 1993 Act (minimum contributions towards appropriate personal pension schemes) section 44(5A) of the 1992 Act is modified so that the qualifying earnings factor for the purposes of paragraph (a) of that section shall be zero.
Revision of relevant pensions
3
1
Where, by virtue of section 38(3) of the 2000 Act any relevant pension has been calculated by reference to section 44(5) of the 1992 Act as modified by regulations under section 48A(5) of the 1993 Act, the calculation of that pension shall be revised by applying the formula set out in regulation 2(2) above.
2
Any relevant pension revised in accordance with this regulation shall be paid at the revised amount.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
5th October 2000


text:
1
This Order may be cited as the Armed Forces Discipline Act 2000 (Commencement and Transitional Provisions) Order 2000.
2
The Armed Forces Discipline Act 2000, to the extent that it is not already in force, shall come into force on 2nd October 2000.
3
The transitional provisions and savings contained in the Schedule to this Order shall have effect.
Symons of Vernham Dean
Minister of State, Ministry of Defence
4th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the King’s Healthcare National Health Service Trust (Change of Name) Order 2000 and shall come into force on 15th September 2000.
2
In this Order —
“ the Order ” means the King’s Healthcare National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust
2
The trust shall be called the King’s College Hospital National Health Service Trust instead of the King’s Healthcare National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust ”, and in article 2 of the Order, for “Healthcare” substitute “ College Hospital”.
Transitional provisions
3
The change of name under this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name, and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
5th September 2000


text:
1
1
This Order may be cited as the Continental Shelf (Designation of Areas) (Consolidation) Order 2000.
2
The Continental Shelf (Designation of Areas) Orders 1964 to 1999 are revoked, except that Article 3 of the Continental Shelf (Designated Areas) (Extended Territorial Sea) Order 1987 shall continue in force.
3
This Order shall come into force on 6th December 2000.
2
The areas defined in the Schedule to this Order are hereby designated as areas within which the rights of the United Kingdom outside territorial waters with respect to the sea bed and subsoil and their natural resources are exercisable.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the General Betting Duty (Amendment) Regulations 2000 and shall come into force on 1st August 2000.
2
Regulations 9 and 10 of the General Betting Duty Regulations 1987 shall be omitted.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
3rd July 2000


text:
Citation and commencement
1
This Order may be cited as the GLA Side Roads (London Borough of Tower Hamlets) Designation Order 2000 and shall come into force on 19th June 2000.
Designation of GLA side roads
2
1
The roads in the London borough of Tower Hamlets specified in the Schedule to this Order are hereby designated as GLA side roads .
2
The description of a road includes the intersection of that road and any other road that crosses it at the same level.
3
In the Schedule “m” means metres.
4
In accordance with section 124A(2) of the Road Traffic Regulation Act 1984, 3rd July 2000 is hereby specified as the date on which the designated roads are to become GLA side roads.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
18th May 2000


text:
1
This Order may be cited as the Policyholders Protection Act 1997 (Commencement No. 1) Order 2000.
2
In this Order —
“the 1975 Act ” means the Policyholders Protection Act 1975 ;
“the 1997 Act ” means the Policyholders Protection Act 1997; and
“the specified date” means 5th April 2000.
3
1
Subject to paragraph (2), section 3 of the 1997 Act (persons qualifying for protection) shall come into force on the specified date.
2
The amendments to section 16 of the 1975 Act (companies in financial difficulties: transfer of business, etc ) made by section 3 of the 1997 Act shall not have effect where —
a
in a case falling within section 16(1)(a) of the 1975 Act, the petition for the winding up of the company which led to the appointment of the provisional liquidator was presented before the specified date;
b
in a case falling within section 16(1)(b) of the 1975 Act , the petition for the winding up of the company was presented before the specified date; or
c
in a case falling within section 16(1)(c) of the 1975 Act , the application for the sanctioning of a compromise or arrangement was made before the specified date.
4
1
Subject to paragraphs (2) and (3), section 16 of the 1997 Act (extension of definition of “policyholder”) shall come into force on the specified date.
2
Section 16 of the 1997 Act shall not have effect for the purposes of sections 5 to 11 of the 1975 Act where–
a
in a case falling within section 5(1)(a) of the 1975 Act (whether or not an order for the winding up of the company by the court has been made since the resolution there mentioned was passed), the resolution was passed before the specified date; or
b
in a case falling within section 5(1)(b) of the 1975 Act, the petition for the winding up of the company by the court was presented before the specified date.
3
Section 16 of the 1997 Act shall not have effect for the purposes of sections 15 to 17 of the 1975 Act where —
a
in a case falling within section 16(1)(a) of the 1975 Act, the petition for the winding up of the company which led to the appointment of the provisional liquidator was presented before the specified date;
b
in a case falling within section 16(1)(b) of the 1975 Act, the petition for the winding up of the company was presented before the specified date; or
c
in a case falling within section 16(1)(c) of the 1975 Act, the application for the sanctioning of a compromise or arrangement was made before the specified date.
5
Section 21 of the 1997 Act (interpretation) shall come into force on the specified date.
Greg Pope
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
4th April 2000


text:
Title, commencement and extent
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (Revocation) (England and Wales) Regulations 2000, shall come into force on 12th May 2000 and shall extend to England and Wales.
Revocation
2
The Animal Feedingstuffs from Belgium (Control) (England and Wales) Regulations 2000 are hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
7th May 2000


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Animal Feedingstuffs from Belgium (Control) (England and Wales) Regulations 2000, shall come into force on 8th March 2000 and shall extend to England and Wales.
2
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Food Safety Act 1990 and any expressions used both in these Regulations and in the Act have the meaning they bear in the Act;
“controlled entity” means any product or material which is excluded from the definition of “relevant animal product” in the Order solely by reason that it is not food; and
“the Order” means the Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 2000 and any expressions used both in these Regulations and in the Order have the meaning they bear in the Order.
Exemptions
2
1
Regulation 3 of these Regulations shall not apply to —
a
the importation into England and Wales of any controlled entity if, when imported, that controlled entity is accompanied by valid certification relating to it, as specified in paragraph (3) below;
b
any subsequent activity in relation to the controlled entity, if it can be proved by the person carrying out the activity that at the time of importation into the United Kingdom it was so accompanied; or
c
the return to Belgium, under cover of an official certificate in accordance with Article 4 of the Commission Decision, of any controlled entity.
2
Regulation 5 of these Regulations shall not, save for sub-paragraphs (a) and (b) of paragraph (1) thereof, apply to any imported controlled entity which is accompanied by valid certification relating to it as specified in paragraph (3) below.
3
The certification to which paragraphs (1)(a) and (b) and (2) above apply is the certification which would have applied in relation to the controlled entity by virtue of Article 2 of the Order, had the Order extended to controlled entities.
Prohibitions and offence
3
1
Subject to paragraph (2) below —
a
no person shall sell any controlled entity for the purpose of its being used to feed to an animal or in the manufacture of a product for such use;
b
no person shall possess, offer, expose, advertise, prepare, present, label, wrap, store or transport any such controlled entity for sale for that purpose;
c
no person shall consign, deliver or serve any such controlled entity by way of sale for that purpose;
d
no person shall derive material from any controlled entity for that purpose; and
e
no person shall import or export any controlled entity.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England and Wales, from a member State, of any controlled entity in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment not exceeding three months.
Enforcement
4
1
These Regulations shall be enforced and executed by each relevant authority, namely the Minister of Agriculture, Fisheries and Food, the Secretary of State and each food authority and port health authority within its area or district, as appropriate.
2
For the purposes of the return to Belgium of any product as specified in regualtion 2(1)(c) of these Regulations, the competent authority for the purposes of the official certificate shall be the Minister of Agriculture, Fisheries and Food, the Secretary of State, any authorised officer of a food authority or any inspector appointed by such an authority, where it is also an authority with responsibilities under section 67 of the Agriculture Act 1970 .
3
An authorised officer of a relevant authority shall have the same powers of entry for the purposes of the exercise of that duty as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or regulations or orders under the Act, and shall also have, in relation to any business producing material to feed to animals, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.
4
Each port health authority or food authority, as appropriate, shall give such assistance and information to the Minister of Agriculture, Fisheries and Food or the Secretary of State as he may request in connection with the implementation of the Commission Decision in relation to controlled entities.
Application and modification of various provisions of the Act
5
1
Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations, subject to the following modifications —
a
the references in subsections (1) and (2) to “food authority” shall be construed as including reference to a port health authority, the Minister of Agriculture, Fisheries and Food and the Secretary of State;
b
subsection (1) and (2) shall extend to any product or material which appears to an authorised officer to come within the definition of “controlled entity”;
c
subsection (3) to (8) shall apply —
i
to any product or material falling within sub-paragraph (b) above as it applies to food which appears to an authorised officer to fail to comply with food safety requirements or to be likely to cause food poisoning or any disease communicable to human beings, and
ii
to any controlled entity as if it were food which failed to comply with food safety requirements,
save that each reference to human consumption shall be taken as a reference to animal consumption, and that a justice of the peace shall decline to condemn any product or material falling within sub-paragraph (b) above under subsection (6) thereof if and only if it is proved to him that it does not comprise a controlled entity or is to be returned to Belgium as specified in regulation 2(1)(c) of these Regulations.
2
The following provisions of the Act shall apply, subject to paragraph (3) below, for the purposes of these Regulations and any reference in those provisions to the Act shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 33 (obstruction etc. of officers);
b
section 35(1) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (a) above; and
c
section 44 (protection of officers acting in good faith).
3
In section 44 of the Act the references to “food authority” shall be construed as including reference to a port health authority.
Revocation
6
The Animal Feedingstuffs from Belgium (Control) (England and Wales) ( No. 4) Regulations 1999 are hereby revoked.
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food
6th March 2000


text:
Citation and commencement
1
1
This Order may be cited as the North West Shropshire Education Action Zone (No. 2) Order 2000.
2
Articles 1 and 3 of this Order shall come into force on 29th February 2000 and all other articles thereof shall come into force on 3rd April 2000.
Interpretation
2
In this Order —
“partners” means those persons listed in Schedule 1 to this Order; and
“zone school” means a school listed in Schedule 2 to this Order.
Revocation
3
The North West Shropshire Education Action Zone Order 2000 is hereby revoked.
Constitution of education action zone
4
The schools listed in Schedule 2 to this Order shall constitute collectively an education action zone under the name of the North West Shropshire Education Action Zone (“the zone”) for the purposes of Chapter III of Part I of the School Standards and Framework Act 1998.
Education Action Forum
5
There shall be an Education Action Forum for the zone to be known as the North West Shropshire Education Action Forum (“the Forum”), the membership of which shall include —
a
one person appointed by the governing body of each zone school, unless any such governing body choose not to make such an appointment;
b
either one or two persons appointed by the Secretary of State; and
c
one person appointed by each partner, unless any partner chooses not to make such an appointment.
6
The Forum may at any time appoint additional members as follows —
a
up to three parents of children who are registered pupils at zone schools;
b
up to two teachers from zone schools;
c
up to five head teachers of zone schools;
d
up to three members of community or voluntary organisations within the area served by the zone;
e
up to three members representing religions or religious denominations which participate in education within the area served by the zone.
Disqualification for membership of the Forum
7
Articles 8 to 10 shall have effect for the purpose of prescribing the circumstances and cases in which a person is to be disqualified for holding, or continuing to hold, office as a member of the Forum.
Disqualification for membership of the Forum — bankruptcy etc.
8
1
Subject to the provisions of this article, a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if he has been adjudged bankrupt or has made a composition or arrangement with his creditors; and a member, on becoming so disqualified, shall give written notice of the fact to the secretary to the Forum.
2
Where a person is disqualified by reason of his having been adjudged bankrupt, that disqualification shall cease —
a
unless the bankruptcy order made against that person is previously annulled, on his discharge from bankruptcy; and
b
if the bankruptcy order is so annulled, on the date of the annulment.
3
Where a person is disqualified by reasons of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of three years from the date on which the terms of the deed of composition or arrangement are fulfilled.
Disqualification for membership of the Forum — criminal convictions
9
1
Subject to paragraph (2) a person shall be disqualified for holding, or for continuing to hold, office as a member of the Forum if —
a
within five years before his appointment would otherwise have taken effect or since his appointment, he has been convicted, whether in the United Kingdom or elsewhere, 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
within twenty years before his appointment would otherwise have taken effect, he has been convicted as aforesaid and has had passed on him a sentence of imprisonment for a period of more than two and a half years; or
c
he has at any time been convicted as aforesaid and has had passed on him a sentence of imprisonment of not less than five years.
2
For the purposes of this article there shall be disregarded any conviction by or before a court outside the United Kingdom of an offence in respect of conduct which, if it had taken place in any part of the United Kingdom, would not have constituted an offence under the law in force in that part of the United Kingdom.
Disqualification — absence from meetings
10
Any member of the Forum who, without the consent of the Forum, has failed to attend the meetings thereof for a continuous period of six months beginning with the date of a meeting shall, on the expiry of that period, be disqualified from continuing to be a member of the Forum, without prejudice however, to his re-appointment.
Removal from office by Forum
11
A member of the Forum may be removed from office by the Forum in the following circumstances:
a
in the case of a member appointed pursuant to article 5(a), if the school whose governing body appointed that member closes;
b
in the case of a member appointed pursuant to article 5(c) by a partner who is a company, if the company in question is dissolved;
c
in the case of a member appointed pursuant to article 6, if that member no longer meets the description set out in the paragraph under which he was appointed.
Chairman’s tenure of office
12
The chairman of the Forum elected in accordance with paragraph 2 of Schedule 1 to the School Standards and Framework Act 1998, shall hold office for one year from the date of his election (unless he resigns his office earlier), without prejudice to his eligibility to be re-elected for a further such period.
Estelle Morris
Minister of State,
Department for Education and Employment
21st February 2000