text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Pension Sharing (Safeguarded Rights) Regulations 2000 and shall come into force on 1st December 2000.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993;
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“the Pension Credit Benefit Regulations ” means the Pension Sharing (Pension Credit Benefit) Regulations 2000 ;
“appropriate scheme” and “appropriate personal pension scheme” shall be construed in accordance with section 9(5) of the 1993 Act ;
“guaranteed minimum pension” has the meaning given by section 8(2) of the 1993 Act ;
“the Inland Revenue ” means the Commissioners of Inland Revenue;
“interim arrangement” means an interim arrangement which complies with section 28A of the 1993 Act , and satisfies the conditions specified in regulation 6 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 ;
“member” means member of an occupational pension scheme or a personal pension scheme;
“money purchase contracted-out scheme” has the meaning given by section 8(1)(a)(ii) of the 1993 Act;
“normal benefit age” has the meaning given by section 101B of the 1993 Act ;
“occupational pension scheme” has the meaning given by section 1 of the 1993 Act;
“personal pension scheme” has the meaning given by section 1 of the 1993 Act ;
“pension credit” means a credit under section 29(1)(b) of the 1999 Act;
“pension credit benefit” has the meaning given by section 101P(1) of the 1993 Act ;
“protected rights” has the meaning given by section 10 of the 1993 Act ;
“salary related contracted-out scheme” has the meaning given by section 8(1)(a)(i) of the 1993 Act ;
“section 9(2B) rights” has the same meaning as in regulation 1(2) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 ;
“trustees or managers” has the meaning given by section 46(1) of the 1999 Act.
Definition of contracted-out rights
2
For the purposes of section 68A(5) of the 1993 Act (safeguarded rights) “contracted-out rights” are such rights, under or derived from an occupational pension scheme, or an appropriate personal pension scheme, as fall within the following categories —
a
entitlement to payment of, or accrued rights to, guaranteed minimum pensions;
b
protected rights;
c
section 9(2B) rights; or
d
any of the rights in sub-paragraph (a), (b) or (c) above which themselves derive from any of those rights which have been the subject of a transfer payment.
Requirements for schemes holding safeguarded rights
3
1
The trustees or managers of a money purchase contracted-out scheme, a salary related contracted-out scheme, or an appropriate scheme may hold safeguarded rights under the scheme, if the scheme has satisfied the requirements —
a
in these Regulations for the preservation of safeguarded rights under the scheme; or
b
in regulations 16 to 19 of the Pension Credit Benefit Regulations (transfers of safeguarded rights), for the transfer of safeguarded rights under the scheme.
2
The trustees or managers of an occupational pension scheme which has ceased to contract out or a personal pension scheme which has ceased to be an appropriate scheme may hold safeguarded rights under the scheme if the Inland Revenue has approved the arrangements made, or to be made, in relation to the scheme, or for the scheme’s purposes, for the preservation or transfer of safeguarded rights under the scheme.
3
The arrangements referred to in paragraph (2) in respect of an occupational pension scheme shall not be approved by the Inland Revenue unless the conditions specified in paragraph (4) or (5) are satisfied.
4
To the extent that the arrangements concern the transfer or discharge of safeguarded rights, the Inland Revenue must be satisfied that such arrangements will be completed within 2 years of the date of cessation or such later date as the Inland Revenue may specify in relation to a particular case or class of case.
5
To the extent that the arrangements concern the preservation of safeguarded rights within the scheme, the scheme must comply with the requirements of sub-paragraph (a) or (b), as the case may be —
a
in the case of a salary related contracted-out scheme, the scheme must continue to satisfy the requirements of section 9(2) of the 1993 Act and any regulations which would apply to that scheme by reason of it being a scheme to which section 9(2) of that Act relates, other than section 9(2B)(a) of that Act (requirement to comply with section 12A of that Act) and any regulations which relate to compliance with that section, and the scheme must contain a protection rule within the meaning given to that expression in regulation 45(3A) of the Occupational Pension Schemes (Contracting-out) Regulations 1996 (approval of arrangements for schemes ceasing to be contracted-out);
b
in the case of a money purchase contracted-out scheme, the scheme must continue to satisfy the requirements of section 9(3) of that Act and any regulations which apply to the scheme by reason of it being a scheme to which section 9(3) of that Act relates.
Identification of safeguarded rights
4
Where the rules of an occupational pension scheme or appropriate scheme make such provision as is mentioned in section 68A(2) of the 1993 Act (safeguarded rights), the rules must require the trustees or managers to make provision for the identification of safeguarded rights.
Valuation of safeguarded rights in money purchase schemes
5
Where the rules of a money purchase contracted-out scheme, an appropriate scheme or a scheme which has ceased to be a contracted-out scheme or an appropriate scheme make such provision as is mentioned in section 68A(2) of the 1993 Act, the value of the safeguarded rights must be calculated in a manner no less favourable than that in which the value of —
a
any other rights which the member with safeguarded rights has under that scheme or, as the case may be, has accrued under that scheme up to the date that the scheme ceased to be a contracted-out scheme or an appropriate scheme; and
b
any protected rights under the scheme from which the member’s safeguarded rights are derived.
Ways of giving effect to safeguarded rights — money purchase schemes
6
1
The rules of a scheme must provide for effect to be given to the safeguarded rights of a member —
a
either by the provision of a pension or the purchase of an annuity which satisfies the requirements specified in —
i
paragraph (4) or (5), as the case may be; and
ii
regulation 7 (the pension and annuity requirements — money purchase schemes); or
b
in any other case, in such of the ways provided for by the following paragraphs as the rules may specify.
2
Where the scheme provides for the member to elect to receive payments in accordance with this paragraph, and the member so elects, effect shall be given to his safeguarded rights during the interim period by the making of payments under an interim arrangement which —
a
complies with the requirements of section 28A(1), (3), (4) and (5) and 28B of the 1993 Act (requirements for interim arrangements and information about interim arrangements) , except insofar as those provisions concern payments to be made to the member’s widow or widower; and
b
satisfies the conditions prescribed in regulations 6 and 7 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (interim arrangements and payments made under interim arrangements), except insofar as those provisions concern payments to be made to the member’s widow, widower, a person in accordance with directions given by the member, or to the member’s estate, in the event of the death of the member,
as if references in those provisions to protected rights were to safeguarded rights.
3
Where paragraph (2) applies, paragraphs (4) to (7), and regulations 7 and 8 (the pension and annuity requirements — money purchase schemes, and insurance companies that may provide safeguarded rights by way of annuities) apply in order to give effect to the member’s safeguarded rights from the end of the period referred to in paragraph (2).
4
Effect may be given to safeguarded rights by the provision by the scheme of a pension, or, subject to paragraph (5), an annuity, which complies with the requirements of regulations 7 and 8 of these Regulations and regulations 32 and 33 of the Pension Credit Benefit Regulations (increase of relevant pension and annual increase in rate of pension: qualifying occupational and personal pension schemes), provided that —
a
the pension or annuity gives effect to all the safeguarded rights of the member, and the terms on which the pension is provided, or the terms of the purchase of the annuity —
i
satisfy the requirements of sub-paragraphs (b) to (d);
ii
make no provision other than such as is necessary to establish what the initial rate and the method of payment of the pension or annuity are to be, and that it shall continue to be paid throughout the lifetime of the member; and
iii
make no provision other than such as is necessary to satisfy the requirements of sub-paragraphs (b) to (d);
b
the rate of the pension or annuity is determined without regard to the sex of the member;
c
except with the consent of the member, the pension or annuity, if paid in arrears, is paid no less frequently than by monthly instalments; and
d
the pension or annuity is paid no less frequently than by annual instalments.
5
Where paragraph (4) applies, an annuity may be provided if —
a
the rules of the scheme do not provide for a pension; or
b
the member so elects.
6
Effect may be given to safeguarded rights by the making of a transfer payment in such circumstances and subject to such conditions as are prescribed in regulations 16 to 19 and regulation 24 of the Pension Credit Benefit Regulations (manner of calculation and verification of cash equivalents) in the case of a money purchase contracted-out scheme, an appropriate scheme, or a scheme which has ceased to be a contracted-out scheme or an appropriate scheme —
a
to another money purchase contracted-out scheme or to a salary related contracted-out scheme, if the person with safeguarded rights is an active member of such a scheme; or
b
to an appropriate scheme,
where the scheme to which the payment is made satisfies the requirements prescribed in regulation 22 of the Pension Credit Benefit Regulations (requirements to be met by an eligible scheme).
7
Effect may be given to safeguarded rights by the provision of a lump sum in accordance with the provisions of regulation 3 or 4 of the Pension Credit Benefit Regulations (commutation of the whole or part of pension credit benefit).
8
If the member has died —
a
after having elected to receive payments in accordance with paragraph (2); or
b
without effect being given to safeguarded rights under paragraph (3), (4), (5), (6) or (7),
effect may be given to those rights by the payment, as soon as practicable, of the value of the member’s safeguarded rights, or the balance of the value of those rights, as the case may be, to or for the benefit of any person in accordance with directions given by the member in writing, or to the member’s estate.
9
The rules of a scheme may provide for effect to be given to the safeguarded rights of a member by making payments to —
a
the widow or widower of the member;
b
another person in accordance with a direction given by the member; or
c
in any other case, to the member’s estate,
if the member dies after he has become entitled to the payment of benefit derived from his safeguarded rights.
10
In this regulation —
“the interim period” means the period beginning with the starting date in relation to the member in question and ending with the termination date;
“scheme” means a money purchase contracted-out scheme or an appropriate scheme;
“the starting date” means the date, which must not be earlier than the member’s 60th birthday, by reference to which the member elects to begin to receive payments under the interim arrangement;
“the termination date” means the date by reference to which the member elects to terminate the interim arrangement, and that date must not be later than the member’s 75th birthday.
The pension and annuity requirements — money purchase schemes
7
1
For the purposes of regulation 6(4) (ways of giving effect to safeguarded rights — money purchase schemes) the pension requirements are those specified in paragraph (2), and the annuity requirements are those specified in paragraphs (3) and (5).
2
A pension complies with the pension requirements if in the case of a money purchase contracted-out scheme or an appropriate scheme it commences on a date not earlier than the member’s 60th birthday, and not later than his 65th birthday, or on such later date as has been agreed by him, and continues until the date of his death.
3
An annuity complies with the annuity requirements if —
a
it commences on a date not earlier than the member’s 60th birthday, and not later than his 65th birthday, or on such later date as has been agreed by him, and continues until the date of his death; and
b
it is provided by an insurance company which —
i
satisfies the conditions specified in regulation 8 (insurance companies that may provide safeguarded rights by way of annuities); and
ii
subject to paragraphs (5) and (6), has been chosen by the member.
4
Where the member has elected under regulation 6(2) to receive payments under an interim arrangement —
a
in the case of a money purchase contracted-out scheme, a pension or annuity; or
b
in the case of an appropriate scheme, an annuity,
must commence on the termination date and must continue until the date of the member’s death.
5
A member is only to be taken to have chosen an insurance company if he gives notice of his choice to the trustees or managers of the scheme —
a
within a period of 5 months (or such longer period as the rules of the scheme may allow) beginning on the date which is 6 months earlier than that on which he will attain the age referred to in the following provisions of this sub-paragraph, as the case may be, where the trustees or managers of the scheme know of no reason to suppose that the pension or annuity will not commence on the date on which the member will attain —
i
in the case of a money purchase contracted-out scheme the normal benefit age if that age is not less than 60 years; or
ii
in the case of an appropriate scheme, the agreed age at which he is entitled to receive benefits under the scheme if that age is not less than 60 years; and
b
in any other case —
i
if the date of the agreement in respect of when the pension or annuity is to commence (“the date of agreement”) is more than one month before the agreed date for commencement of payment (“the agreed date”), within a period beginning on the date of agreement and ending one month before the agreed date; and
ii
on the date of agreement if that date is not more than one month before the agreed date,
or such longer period as the rules of the scheme may allow.
6
If a member fails to give notice of his choice of insurance company in accordance with paragraph (5), the trustees or managers of the scheme may choose the insurance company instead.
Insurance companies that may provide safeguarded rights by way of annuities
8
1
A money purchase contracted-out scheme or an appropriate scheme may only discharge its liability in respect of safeguarded rights in accordance with regulation 6(4) above if the annuity is provided by an insurance company which satisfies the conditions set out in paragraphs (2) to (4) below.
2
The insurance company must be —
a
authorised under section 3 or 4 of the Insurance Companies Act 1982 (authorisation of insurance business) to carry on long term business (within the meaning of section 1 of that Act (classification)); or
b
in the case of a friendly society, authorised under section 32 of the Friendly Societies Act 1992 (grant of authorisation by Commission: general) to carry out long term business under any of the Classes specified in Head A of Schedule 2 to that Act (the activities of a friendly society: long term business); or
c
an EC company as defined in section 2(6) of the Insurance Companies Act 1982 (restriction on carrying on insurance business), and which falls within this sub-paragraph if it —
i
carries on ordinary long-term insurance business (within the meaning of section 96(1) of that Act ) in the United Kingdom through a branch in respect of which such of the requirements of Part I of Schedule 2F to that Act (recognition in the United Kingdom of EC and EFTA companies: EC companies carrying on business etc. in the United Kingdom) as are applicable have been complied with; or
ii
provides ordinary long term insurance in the United Kingdom and such of the requirements of Part I of Schedule 2F to that Act as are applicable have been complied with in respect of insurance.
3
The insurance company must offer annuities with a view to purchase of those annuities by money purchase contracted-out schemes or appropriate schemes in order to give effect to the safeguarded rights of their members, without having regard to the sex of the members either in making the offers or in determining the rates at which the annuities are paid.
4
Where the annuities are issued by a friendly society as described in paragraph (2)(b), the insurance company must provide that the terms of the annuities are not capable of being amended, revoked or rescinded.
Ways of giving effect to safeguarded rights — salary related schemes
9
1
The rules of a salary related contracted-out scheme which satisfy the requirements of section 9(2B) of the 1993 Act must provide for effect to be given to the safeguarded rights of a member by the provision of a pension for life except where the circumstances specified in paragraph (2), (3) or (4) apply.
2
The circumstances specified in this paragraph are that the member consents to a transaction by which the trustees or managers of the scheme are to discharge their liability in respect of safeguarded rights and the transaction to discharge the liability satisfies all the conditions specified in paragraphs (6) and (7).
3
The circumstances specified in this paragraph are that a transfer payment may be made in such circumstances and subject to such conditions as are prescribed in regulations 16 to 19 and regulation 24 of the Pension Credit Benefit Regulations in the case of a salary related contracted-out scheme —
a
to another salary related contracted-out scheme or to a money purchase contracted-out scheme, if the person with safeguarded rights is an active member of such a scheme; or
b
to an appropriate scheme,
where the scheme to which the payment is made satisfies the requirements prescribed in regulation 22 of the Pension Credit Benefit Regulations.
4
The circumstances specified in this paragraph are that effect may be given to safeguarded rights by the provision of a lump sum in accordance with the provisions of regulation 6 of the Pension Sharing (Implementation and Discharge of Liability) Regulations 2000 (discharge of liability in respect of a pension credit following the death of the person entitled to the pension credit), or regulation 3 or 4 of the Pension Credit Benefit Regulations.
5
For the purposes of paragraph (2) “transaction” means —
a
the taking out of an insurance policy or a number of such policies;
b
the entry into an annuity contract or a number of such contracts; or
c
the transfer of pensions and accrued rights to such a policy or policies or such a contract or contracts.
6
The insurance policy or annuity contract must be taken out or entered into with an insurance company such as is described in regulation 8(2).
7
The insurance policy or annuity contract must contain provision to the effect, or must be endorsed so as to provide that —
a
the benefits secured under the policy or contract shall become payable with the beneficiary’s consent, and the beneficiary —
i
has reached normal benefit age; or
ii
is suffering from an incapacity or serious ill health prior to normal benefit age;
b
any rights of a beneficiary to a payment under the policy or contract which derive from a pension or accrued rights under the salary related contracted-out scheme shall be treated as if this regulation were applicable to them; and
c
any increase in accordance with regulation 32 of the Pension Credit Benefit Regulations (increase of relevant pension) which would have been applied to the benefits derived from safeguarded rights which have become secured or been replaced by the annuity contract or insurance policy, is applied to them.
8
The rules of a salary related contracted-out scheme may provide for effect to be given to the safeguarded rights of a member by making payments to —
a
the widow or widower of the member;
b
another person in accordance with a direction given by the member; or
c
in any other case, to the member’s estate,
if the member dies after he has become entitled to the payment of benefit derived from his safeguarded rights.
9
For the purposes of paragraph (7) —
“beneficiary” means a member of a salary related contracted-out scheme, in respect of whose safeguarded rights the trustees or managers of that scheme have discharged their liability by entering into an insurance policy or an annuity contract;
“incapacity” means physical or mental deterioration which is sufficiently serious to prevent a person from following his normal employment or which seriously impairs his earning capacity;
“serious ill health” has the same meaning as in regulation 3(5) of the Pension Credit Benefit Regulations.
Payable age in salary related contracted-out schemes
10
In respect of pension credit benefit arising out of safeguarded rights, schemes must provide for pension credit benefit to be paid by reference to an age which is equal for men and women and which —
a
in the case of a scheme which is exempt approved within the meaning of section 592(1) of the Income and Corporation Taxes Act 1988 (tax reliefs: exempt approved schemes) or a scheme which has applied for such approval which has not yet been determined, is permitted under the rules of that scheme in accordance with that approval; or
b
in the case of a relevant statutory scheme within the meaning of section 611A of the Income and Corporation Taxes Act 1988 (definition of relevant statutory scheme), is permitted under the regulations or rules governing the scheme as a relevant statutory scheme.
Investment and resources of safeguarded rights
11
All payments made in respect of safeguarded rights which are paid to a money purchase contracted-out scheme in respect of one of its members must be applied so as to provide money purchase benefits for or in respect of that member except so far as they are used —
a
to defray the administrative expenses of the scheme, including the administration costs incurred by the scheme in respect of which the scheme may levy a charge in accordance with the Pensions on Divorce etc. (Charging) Regulations 2000 , insofar as those costs relate to pension sharing in that member’s case; or
b
to pay commission.
Suspension and forfeiture of safeguarded rights
12
1
Except in the circumstances referred to in paragraphs (2) and (3), the rules of an occupational or personal pension scheme must not permit the suspension or forfeiture of a member’s safeguarded rights or of payments giving effect to them.
2
The circumstances in which the rules of an occupational or personal pension scheme may provide for payments giving effect to a member’s safeguarded rights to be suspended are those described in paragraph (1) of regulation 9 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (suspension of payments giving effect to protected rights), as if in that regulation —
a
the reference to section 32 of the 1993 Act (suspension or forfeiture) was to this regulation; and
b
the references to protected rights were to safeguarded rights.
3
The circumstances in which the rules of an occupational or personal pension scheme may provide for payments giving effect to a member’s safeguarded rights to be forfeited are those described in paragraph (2) of regulation 9 of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 (forfeiture of payments giving effect to protected rights), as if in that regulation —
a
the reference to section 32 of the 1993 Act was to this regulation; and
b
the references to protected rights were to safeguarded rights.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
13th April 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendment) Regulations 2000 and shall come into force on 17th April 2000.
Application
2
The Agricultural or Forestry Tractors and Tractor Components (Type Approval) Regulations 1988 shall be further amended in accordance with the following provisions.
Amendments to regulation 3 (interpretation)
3
1
Regulation 3(1) shall be amended as follows.
2
In the definition of “agricultural or forestry tractor”, for paragraph (c) there shall be substituted–
c
is designed so to have a maximum speed of not less than 6, and not more than 40, kilometres per hour;
.
Amendments to Schedule 2
4
1
The Schedule set out in Schedule 1 to these Regulations shall be substituted for Schedule 2.
2
With effect from 1st July 2000 the Schedule set out in Schedule 2 to these Regulations shall be substituted for Schedule 2 as substituted by paragraph (1).
3
With effect from 1st January 2001 the Schedule set out in Schedule 3 to these Regulations shall be substituted for Schedule 2 as substituted by paragraph (2) above.
4
With effect from 1st October 2004 the Schedule set out in Schedule 4 to these Regulations shall be substituted for Schedule 2 as substituted by paragraph (3) above.
Revocations
5
The following regulations are hereby revoked–
a
regulation 5 of the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendments) Regulations 1989 ; and
b
regulation 3 of the Agricultural or Forestry Tractors and Tractor Components (Type Approval) (Amendments) Regulations 1990 .
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
21st March 2000


text:
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2000 and shall come into force on 1st April 2001.
2
The bodies listed in the Schedule to this Order are designated in respect of the financial year ending with 31st March 2002 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd December 2000


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment No. 2) Regulations 2000 and shall come into force on 24th August 2000.
2
These Regulations shall apply only in relation to England.
3
Any reference in these Regulations to the principal Regulations is a reference to the Education (School Performance Information) (England) Regulations 1999 .
Amendment
2
The principal Regulations shall be amended as follows.
3
In Regulation 14(1) for “paragraphs (2) and (3)” there shall be substituted “paragraphs (2), (3) and (3A).”.
4
Regulation 14 of the principal Regulations shall be amended by the insertion after paragraph (3) of the following paragraph —
3A
In addition to the information which the local education authority is required to publish under paragraph 3, it shall also publish information as to the number of registered pupils referred to in paragraphs 5, 6 and 8 of Schedule 6 expressed as percentages of the number of registered pupils or the number of registered pupils at or near the end of the final year of the second key stage, as the case may be, at every maintained primary or middle deemed secondary school, except a special school.
5
In regulation 14(6)(b) (publication of performance information about primary schools by local education authorities), for “on or before 8th December in each year” there shall be substituted “within three weeks of the date of a written request from the Secretary of State”.
6
for paragraph 5 of Schedule 5 to the principal Regulations (provision of general information to the Secretary of State: secondary schools) there shall be substituted —
5
The number of registered pupils aged 15 who have special educational needs,
.
7
For paragraph 8 of Schedule 6 to the principal Regulations (provision of general information to the Secretary of State: primary schools) there shall be substituted —
8
The number of registered pupils at or near the end of the final year of the second key stage who have special educational needs.
.
Tessa Blackstone
Minister of State,
Department for Education and Employment
28th July 2000


text:
1
These Regulations may be cited as the Road Traffic (Owner Liability) Regulations 2000 and shall come into force on 16th October 2000.
2
The forms contained in Schedule 1 to these Regulations or forms to the like effect may be used for the purposes of sections 62 to 68 of the Act.
3
The particulars contained in Schedule 2 to these Regulations are hereby prescribed for the purpose of section 66(8) of the Act (particulars to be contained in hiring agreements).
4
The Road Traffic (Owner Liability) Regulations 1975 and the Road Traffic (Owner Liability) (Scotland) Regulations 1975 are hereby revoked.
Charles Clarke
Minister of State
Home Office
16th September 2000


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment Regulations 2000 and shall come into force on 1st April 2000.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
3
These Regulations extend only to England.
Amendment of regulation 1 of the principal Regulations
2
In paragraph (2) of regulation 1 of the principal Regulations (interpretation), in the definition of “ NHS sight test fee”, for the amount “£40.33” substitute “£41.54” and for the amount “£14.57” substitute “£15.01”.
Amendment of regulation 15 of the principal Regulations
3
In paragraph (1)(b) of regulation 15 of the principal Regulations (eligibility — replacement or repair), after “regulation 8(2)” insert “(b),”.
Amendment of regulation 19 of the principal Regulations
4
In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b), for “£42.00” substitute “£42.80”; and
b
in paragraph (3), for “£10.80” substitute “£11.00”.
Amendment of the Schedules to the principal Regulations
5
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values — supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table.
TABLE
(1) (2) Old amount New amount
£28.70 £29.30 £43.60 £44.50 £59.40 £60.60 £134.20 £136.90 £49.50 £50.50 £63.00 £64.30 £75.80 £77.30 £147.50 (in both places where it appears) £150.50 £42.00 £42.80
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) (prism — single vision lens), for “£6.00” substitute “£6.10”;
b
in paragraph 1(1)(b) (prism — other lens), for “£6.90” substitute “£7.00”;
c
in paragraph 1(1)(c) (single vision tinted or photochromic lens), for “£3.00” substitute “£3.10”;
d
in paragraph 1(1)(d) (other tinted or photochromic lens), for “£3.50” substitute “£3.60”;
e
in paragraph 1(1)(e) (small glasses), for “£47.30” substitute “£48.20”, for “£42.00” substitute “£42.80”, and for “£22.70” substitute “£23.20”;
f
in paragraph 1(1)(g) (specially manufactured frames), for “£47.30” substitute “£48.20”;
g
in paragraph 2(a) (minimum complex appliance payment — single vision lenses), for “£10.00” substitute “£10.20”;
h
in paragraph 2(b) (minimum complex appliance payment — other lenses), for “£25.40” substitute “£25.90”.
3
For Schedule 3 to the principal Regulations (voucher values — repair), substitute the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
6
The amendments made by these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 2000.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
6th March 2000


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.2) Order 2000.
2
In this Order —
a
unless the context otherwise requires, references to numbered sections and numbered Schedules are references to the sections and Schedules bearing those numbers in the Child Support, Pensions and Social Security Act 2000;
b
“the Administration Act ” means the Social Security Administration Act 1992 .
Provisions coming into force on 1st November 2000 for certain purposes
2
1st November 2000 is the day appointed for the coming into force of —
a
section 36 (report on cost of pension uprating in line with general earnings level);
b
section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Administration Act so far as each new paragraph (af) refers to —
i
section 69 (discretionary financial assistance with housing); and
ii
Schedule 7, paragraphs 3, 4, 6, 8 to 10, 12 to 16, 19, 20, 21 and 23 and, so far as relating to those paragraphs, paragraph 1 and section 68 (housing benefit and council tax benefit: revisions and appeals);
c
Schedule 5, paragraph 10 (register of disqualified trustees) and section 56 so far as it relates to that paragraph; and
d
Schedule 6 (social security investigation powers) —
i
paragraph 7;
ii
paragraph 8 so far as it inserts section 121DA(1) and (7) into the Administration Act for the purposes of construing section 113 of that Act as amended by paragraph 7;
and, so far as relating thereto, paragraph 1 and section 67.
Provisions coming into force on 1st November 2000 for regulation-making purposes
3
1st November 2000 is the day appointed for the coming into force of —
a
section 69;
b
section 71 (recovery of housing benefit); and
c
Schedule 7, paragraphs 3, 4, 6, 8 to 10, 12 to 16, 19, 20, 21 and 23 and, so far as relating to those paragraphs, paragraph 1 and section 68;
for the purposes of making regulations.
Provisions coming into force on 1st December 2000 for certain purposes
4
1st December 2000 is the day appointed for the coming into force of section 73 (Social Security Advisory Committee) for the purposes of inserting a new paragraph (af) into each of the definitions of “relevant enactments” and “relevant Northern Ireland enactments” in section 170(5) of the Administration Act so far as each new paragraph (af) refers to sections 62 to 65 (loss of benefit).
Provisions coming into force on 1st December 2000 for regulation-making purposes
5
1st December 2000 is the day appointed for the coming into force, for the purposes of making regulations, of sections 62 to 65.
Provisions coming into force on 8th January 2001 for regulation-making and order-making purposes
6
8th January 2001 is the day appointed for the coming into force, for the purposes of making regulations and of making orders, of sections 30 to 35 (and Schedule 4) (state second pension).
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
31st October 2000


text:
1
These Regulations may be cited as the Civil Aviation (Route Charges for Navigation Services) (Second Amendment) Regulations 2000 and shall come into force on 1st January 2001.
2
The Civil Aviation (Route Charges for Navigation Services) Regulations 1999 shall be amended as follows:
1
In regulation 5(4) for the figure “7.82%” there shall be substituted “9.45%”.
2
For Schedule 2 there shall be substituted the following Schedule —
SCHEDULE 2
SPECIFIED AIRSPACES
Regulations 3(1), 4(3) and 6(1)
(1) (2) (3) (4) Country Publication in which FIRs are described Unit Rate in euros Established at a Rate of exchange of
*
Excluding Shanwick FIR
Austria AIP Austria 65.57 Belgium and Luxembourg AIP Belgique 66.91 Bulgaria AIP Bulgaria 56.99 Croatia AIP Croatia 47.42 1 euro = 7.51000 HRK Cyprus AIP Cyprus 19.63 1 euro = 0.573420 £Cy Czech Republic AIP Czech Republic 34.72 1 euro = 35.3997 CZK Denmark AIP Denmark 52.11 1 euro = 7.45589 Kr France AIP France (France (Métropolitaine) 52.42 Germany AIP Germany 68.03 Greece AIP Greece 37.34 1 euro = 338.323 Dra Hungary AIP Hungary 28.85 1 euro = 262.183 Hf Ireland, Republic of AIP Ireland 19.67 Italy AIP Italy 56.47 Former Yugoslav Republic of Macedonia AIP FYROM 57.11 1 euro = 56.6754 MKD Malta AIP Malta 44.25 1 euro = 0.398823 Lm Moldova AIP Moldova 49.60 1 euro = 10.6628 MDL Netherlands AIP Netherlands 53.09 Norway AIP Norway 54.27 1 euro = 8.02191 KR Portugal AIP Portugal Lisbon FIR-40.46 Santa Maria FIR-12.78 Romania AIP Romania 42.52 Slovakia AIP Slovakia 58.96 1 euro = 43.0325 SKK Slovenia AIP Slovenia 62.84 1 euro = 208.540 SIT Spain AIP España Madrid & Barcelona FIR-49.20 Canaries FIR-50.22 Sweden AIP Sweden 54.86 1 euro = 8.41290 SKr Switzerland AIP Switzerland 76.43 1 euro = 1.52848 SF Turkey AIP Turkey 44.49 United Kingdom United Kingdom Air Pilot 83.73 1 euro = £0.606805
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Chris Mullin
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
6th December 2000


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2000 and shall come into force —
a
for all purposes except the purposes of regulation 7, on the 1st August 2000;
b
for the purposes of regulation 7, on the 1st February 2001.
Amendment of the Motor Cars (Driving Instruction) Regulations 1989
2
1
The Motor Cars (Driving Instruction) Regulations 1989 (“ the Principal Regulations”) are amended in accordance with regulations 3 to 9 below.
3
In regulation 4 (written examination), for the words from “regulation 44(2)” to the end of paragraph (i) of sub-paragraph (g), there shall be substituted “regulation 47(2) or, as the case may be, regulation 48(1) of the Motor Vehicles (Driving Licences) Regulations 1999” .
4
1
Regulation 5 (driving ability and fitness test) is amended in accordance with paragraphs (2) and (3) below.
2
For paragraph (3) there shall be substituted —
3
The test of driving technique shall, so far as possible, be conducted both on urban roads and on roads of different classes outside built-up areas and a candidate must satisfy the person conducting the test that he has an adequate knowledge of the principles of good driving and road safety and that he can apply that knowledge in practice.
.
3
For paragraph (5) there shall be substituted —
5
A candidate taking the test of driving technique must satisfy the person conducting the test of his ability to meet the requirements specified in Schedule A1 to these Regulations.
5
1
Regulation 7 (motor car to be provided for practical examination) is amended in accordance with paragraphs (2) and (3) below.
2
In paragraph (2) —
a
either —
,
b
the word “or” at the end of sub-paragraph (a), and
c
sub-paragraph (b),
shall be omitted.
3
In paragraphs (4) and (5), in each case for the words from “regulation 15(1)(b)” to the end of the paragraph there shall be substituted “regulation 16(2) of the Motor Vehicles (Driving Licences) Regulations 1999”.
6
After regulation 7 there shall be inserted —
PART IIA
ADDITIONAL CONDITIONS FOR ENTRY OF NAME ON REGISTER
7A
1
To the conditions as to which the Registrar must be satisfied before entering the name of a person in the register —
a
under section 125 of the Act, or
b
under section 125A of the Act,
(as the case may be) there is added the condition in paragraph (2) below.
2
The condition is that both the application for entry of the person’s name in the register and the prescribed fee have been received by the Registrar —
a
in the case of a person who has passed the examination of ability to give instruction in the driving of motor cars on or before 31st July 2000, not later than 31st July 2001, and
b
in any other case, not later than the expiration of the period of one year beginning on the date when the person passed that examination.
.
7
1
Regulation 9 (additional conditions to be satisfied for the grant of a licence) is amended in accordance with paragraphs (2) and (3) below.
2
For regulation 9(2)(e) there shall be substituted —
e
except in the case of an application for a substitute licence, that he has received within the period of 6 months ending on the date of his application for a licence not less than 40 hours training which fulfils the requirements of paragraph (2A) below;
.
3
After paragraph (2) there shall be inserted —
2A
This paragraph requires that the training —
a
is given by an approved driving instructor,
b
includes training in all the matters specified in Part I of Schedule 1 to these Regulations, and
c
is training of which at least 10 hours is conducted in a motor car where the approved driving instructor and the person being trained are accompanied, if at all, by no more than one other person who is receiving training of the same nature.
.
8
1
Subject to paragraph (2) below, for regulation 10 (duration of licences) there shall be substituted —
10
A licence shall remain in force until —
a
the expiration of a period of six months commencing on the date of the grant, or
b
the day immediately following the day on which the holder of the licence failed the instructional ability and fitness test at the third attempt,
whichever shall first occur.
.
2
Paragraph (1) above shall not apply in the case of a licence granted before the date on which this regulation comes into force and the provisions of regulation 10 of the Principal Regulations in force immediately before that date shall apply to such a licence.
9
There shall be inserted before Schedule 1 the following Schedule —
SCHEDULE A1
REQUIREMENTS FOR TEST OF DRIVING TECHNIQUE
Regulation 5(5)
A. Preparation to drive
1
Adjust the seat as necessary to obtain a correct seating position.
2
Adjust rear view mirrors and seat belt.
3
Check that the doors are closed.
B. Technical control of the vehicle
1
Start the engine and move off smoothly (uphill and downhill as well as on the flat).
2
Accelerate to a suitable speed while maintaining a straight course, including during gear-changes.
3
Adjust speed to negotiate left or right turns at junctions, possibly in restricted spaces, while maintaining control of the vehicle.
4
Brake accurately to stop where directed, if need be by performing an emergency stop.
5
Perform the following manoeuvres —
a
reverse in a straight line and reverse right or left round a corner while keeping within the correct traffic lane;
b
turn the vehicle to face the opposite way, using forward and reverse gears;
c
park the vehicle and leave a parking space (parallel, oblique or right-angle) both forwards and in reverse, on the flat, uphill and downhill.
C. Behaviour in traffic
1
Observe (including the use of the rear view mirrors) road alignment, markings, signs and potential or actual risks.
2
Communicate with other road users using the authorised means.
3
React appropriately in actual risk situations.
4
Comply with road traffic regulations and the instructions of the police and traffic controllers.
5
Move off from the kerb or a parking space.
6
Drive with the vehicle correctly positioned on the road, adjusting speed to traffic conditions and the line of the road.
7
Keep the right distance between vehicles.
8
Change lanes.
9
Pass parked or stationary vehicles and obstacles.
10
Approach and cross junctions.
11
Turn right and left at junctions or to leave the carriageway.
12
Where the opportunity arises —
a
Pass oncoming vehicles, including in confined spaces.
b
Overtake in various situations.
c
Approach and cross level-crossings.
D. Alighting from vehicle
Take all precautions necessary when alighting.
.
Signed on behalf of the Secretary of State
Larry Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th July 2000


text:
PART I
GENERAL
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 and shall come into force on 4th May 2000.
2
These Regulations extend to England and Wales only.
Interpretation and notices
2
1
In these Regulations, unless the context otherwise requires —
“the 1995 Act ” means the Environment Act 1995 ;
“ the Agency ” means the Environment Agency established by section 1 of the 1995 Act;
“applicant” means a person who applies for registration under regulation 6;
“contaminated equipment” means any equipment (including any transformer, capacitor or receptacle containing residual stocks) which —
contains PCBs ; or
having contained PCBs, has not been decontaminated,
other than one which contains a total volume of PCBs not exceeding 5dm3; and for the purposes of this definition —
the PCB volume of a power capacitor shall be measured by reference to all of the separate elements of a combined set, and
any thing of a type which may contain PCBs shall be treated as containing PCBs unless it is reasonable to assume the contrary;
“decontamination” means all operations which enable equipment, objects, materials or fluids contaminated by PCBs to be reused, recycled or disposed of under safe conditions, and which may include replacement, meaning all operations in which PCBs are replaced by suitable fluids not containing PCBs;
“ the Directive ” means Council Directive 96/59/ EC on the disposal of polychlorinated biphenyls and polychlorinated terphenyls ( PCB/PCT ) ;
“disposal” means any of the operations D8, D9, D10, D12 (only in safe, deep, underground storage in dry rock formations and only for equipment containing PCBs or used PCBs which cannot be decontaminated) and D15 provided for in Annex IIA of Directive 75/442/ EEC , as amended , and set out in Schedule 1 to these Regulations;
“holder” means the person who is in possession of PCBs, including any used PCBs, or of any equipment;
“PCBs” means any of the following substances —
polychlorinated biphenyls,
polychlorinated terphenyls,
monomethyl-dibromo-diphenyl methane,
monomethyl-dichloro-diphenyl methane,
monomethyl-tetrachlorodiphenyl methane,
and, except in regulations 4(3) and (4), 5(3), 6(2) and 9(3), includes any mixture containing any of those substances in a total of more than 0.005% by weight;
“registered holder” means a person registered with the Agency in accordance with regulation 6, and a registered holder is a registered holder in relation to particular equipment if a description of that equipment, including its location, has been furnished to the Agency;
“transformer” includes ancillary equipment, that is to say, equipment that is an integral part of the site of which the transformer is part, including radiators, bushings, through-wall bushings, and capacitors on air blast circuit breakers;
“used PCBs” means any PCBs which are waste within the meaning of Directive 75/442/EEC ;
“ Welsh Assembly ” means the National Assembly for Wales .
2
Other expressions used in these Regulations and in the Directive shall have the same meaning in these Regulations as they have in the Directive.
3
Section 123 (service of documents) of the 1995 Act shall apply to any notice required or authorised by these Regulations to be served as it applies to notices required or authorised to be served by that Act.
PART II
HOLDING, LABELLING, DECONTAMINATION AND DISPOSAL
Prohibition on holding without registration
3
1
Subject to paragraphs (2) to (4), no person shall hold any contaminated equipment after 31st July 2000 unless he is a registered holder of that equipment.
2
A person may hold contaminated equipment, notwithstanding that he is not a registered holder, for the purposes of, or in the course of, any business, manufacturing process or trade concerned with the decontamination or disposal of such equipment.
3
A person who applies for registration, in accordance with regulations 6(1) and (2) and 12, no later than 28 days after the coming into force of these Regulations but whose application has not been finally determined by 31st July 2000 shall be treated as being a registered holder until 14 days after his application is finally determined.
4
A person who first holds contaminated equipment on or after the date on which these Regulations come into force shall be treated as being a registered holder from the date on which he first holds such equipment until 14 days after his application for registration is finally determined, if he applies for registration, in accordance with regulations 6(1) and (2) and 12, no later than 28 days after the date on which he becomes the holder of contaminated equipment.
5
For the purposes of this regulation an application is finally determined —
a
where it is granted under regulation 6(3), on the date on which it is granted;
b
where it is refused under regulation 6(3), on the date on which the Agency gives notice under regulation 6(5);
c
where it is deemed by regulation 6(6) to be refused —
i
where the period allowed for appealing against that refusal expires without an appeal being brought, on the expiry of that period,
ii
where an appeal is brought within that period, on the expiry of the period of 14 days beginning with the date of the determination or earlier withdrawal of the appeal.
Prohibition on holding irrespective of registration
4
1
Subject to paragraphs (2), (3), (5) and (9), no person shall, after 31st December 2000, hold —
a
any PCBs, including any used PCBs; or
b
any equipment (whether or not that equipment is contaminated equipment) —
i
which contains PCBs, or
ii
which, having contained PCBs, has not been decontaminated.
2
A person may hold —
a
PCBs, including any used PCBs, or equipment for the purposes of, or in the course of any business, manufacturing process or trade concerned with the decontamination or disposal of PCBs or such equipment;
b
PCBs, including any used PCBs, which are manufactured, supplied or used solely for the purposes of analysis, or of research connected with the properties and effects of PCBs, and any equipment used as a receptacle for those PCBs, provided that any such PCBs and equipment are disposed of as soon as possible after the PCBs are no longer required for those purposes.
3
A transformer in respect of which it is reasonable to assume that the fluids contain 0.05% by weight, or less, of PCBs —
a
may be held until the end of its useful life; and
b
shall then, unless decontaminated in accordance with paragraph (4)(b) to (d), be disposed of as soon as possible.
4
A transformer in respect of which it is reasonable to assume that the fluids contain more than 0.05% by weight of PCBs shall be decontaminated under the following conditions —
a
the objective of the decontamination must be to reduce the content of PCBs in the fluid to less than 0.05% by weight and, if possible, to no more than 0.005% by weight;
b
the replacement fluid not containing PCBs must entail markedly lesser risks;
c
the replacement of the fluid must not compromise the subsequent disposal of the PCBs; and
d
the labelling of the transformer after its decontamination must be replaced by the labelling specified in Schedule 2 to these Regulations.
5
The Agency may, on an application in writing made by a holder and if it is satisfied as to the matters specified in paragraph (7), by a direction in writing given to the holder before 31st December 2000, provide that paragraph (1) shall not apply in relation to such equipment as is specified in the direction until such date, being after 31st December 2000 but before 1st January 2008 as shall be specified in the direction; but no such direction shall have effect —
a
as respects equipment at a location in England, unless it is confirmed by the Secretary of State;
b
as respects equipment at a location in Wales, unless it is confirmed by the Welsh Assembly.
6
A direction under paragraph (5) may be confirmed with or without modifications.
7
The matters referred to in paragraph (5) are —
a
that the equipment will be replaced as part of a major programme for the replacement of an installation or plant of which the equipment is part (“the programme”);
b
that the programme was approved by the owners or other persons in control of the operation of the installation or plant before the date on which these Regulations are made;
c
that the equipment will be disposed of by the date to be specified in the direction;
d
that to require the disposal of the equipment before that date would disrupt the programme to a significant extent; and
e
that all reasonable precautions have been taken to secure that PCBs cannot escape from the equipment pending its disposal.
8
Equipment in respect of which a direction is given under paragraph (5) shall, unless decontaminated or disposed of before the date specified in the direction, be disposed of on that date.
9
Any equipment containing PCBs —
a
which is equipment to which none of paragraphs (2), (3) and (5) applies;
b
which is not contaminated equipment; and
c
which is part of another piece of equipment which is also not contaminated equipment,
may be held until that other piece of equipment is taken out of use, recycled or disposed of; and shall then, where reasonably practicable, be removed and collected separately from that other equipment.
Labelling of contaminated equipment
5
1
The registered holder of any contaminated equipment in respect of which an inventory is to be, or has been, made under regulation 9 shall affix to that equipment and to the doors of premises where such equipment is located, an indelible sign and, subject to regulation 4(4)(d), shall take reasonable steps to secure that the sign remains so affixed while that equipment remains at that location.
2
Subject to paragraph (3), the sign shall record that the equipment is, or the premises contain equipment that is, contaminated by PCBs.
3
Equipment in respect of which it is reasonable to assume that the content of PCBs in the fluid is between 0.05% and 0.005% by weight may be labelled as “PCBs contaminated <0.05%”.
PART III
REGISTRATION OF HOLDERS OF CONTAMINATED EQUIPMENT
Registration
6
1
Subject to paragraph (2), an application for registration —
a
shall be made in writing on a form provided by the Agency; and
b
shall contain the following particulars —
i
the name and address of the applicant,
ii
a description of the contaminated equipment, identifying its location or intended location,
iii
a description of the PCBs which are or were contained in the equipment, so far as can reasonably be identified without excessive cost,
iv
so far as can reasonably be ascertained without excessive cost, the quantity of such of those PCBs as have been identified, and
v
every date on which treatment or replacement was carried out or is envisaged, specifying in each case the nature of the treatment or replacement.
2
Information of the descriptions —
a
in paragraph (1)(b)(ii) to (v) may be provided in an electronic form acceptable to the Agency;
b
in paragraph (1)(b)(iii) to (v) need not be provided as regards any equipment in respect of which it is reasonable to assume that the fluids contain between 0.05% and 0.005%, by weight, of PCBs.
3
An application for registration shall be granted where the applicant has complied with paragraph (1) and regulation 12 and shall otherwise be refused.
4
Where an application for registration is granted, the Agency shall register the applicant and, in respect of the applicant, the other particulars furnished under paragraph (1)(b) and shall, within 28 days of it being granted, confirm in writing that the applicant is registered with it.
5
Where an application for registration is refused, the Agency shall give notice in writing of the refusal to the applicant within 28 days of the refusal; and the notice shall be accompanied by a statement of the reasons for the decision and as to the circumstances in which an offence under regulation 13(1) may be committed.
6
Where the Agency fails to determine an application within 56 days of the date on which the application is made, the application shall be deemed to have been refused on the expiry of that period.
Cancellation of registration or particulars
7
1
The Agency may cancel the registration with it of a holder where it appears to the Agency that the applicant supplied false information in connection with his application for registration or has failed to comply with regulation 10(1) or (2) or a notice under regulation 10(4) (whether or not proceedings are instituted).
2
The Agency shall cancel the registered particulars in respect of a particular location if it appears to the Agency that the registered holder does not hold contaminated equipment there.
3
Before any cancellation under paragraph (1) or (2) takes effect, the Agency shall, subject to paragraph (4), serve on the registered holder written notice of —
a
its decision to cancel;
b
the reasons for the decision;
c
the date when the cancellation will take effect, not being earlier than 28 days from the date of service of the notice.
4
Nothing in paragraph (3) shall require the Agency to give notice of a cancellation which gives effect to information supplied by a registered holder pursuant to regulation 10(1) and (2) or a notice under regulation 10(4).
Appeals
8
1
A person may, by notice in writing given to the relevant appellate authority, appeal to the relevant appellate authority against —
a
the deemed refusal under regulation 6(6) of an application for registration; or
b
the cancellation of a registration under regulation 7.
2
An appeal —
a
under paragraph (1)(a) shall be brought within the period of 28 days beginning with the date on which the application is deemed to be refused;
b
under paragraph (1)(b) shall be brought before the date on which the cancellation takes effect.
3
The provisions set out in section 114(1), (3)(a) and (4) of, and Schedule 20 to, the 1995 Act (concerning the delegation of functions of determining, and the reference of matters involved in, appeals) shall apply in relation to appeals under this regulation, and matters involved in them, as they apply to appeals under the provisions specified in section 114(2)(a) of that Act and matters involved in those appeals, but as though references to the Secretary of State were to the relevant appellate authority.
4
If a party to the appeal so requests, or the relevant appellate authority so decides, an appeal under this regulation shall be or continue in the form of a hearing (which may, if the person hearing the appeal so decides, be held or held to any extent in private).
5
Where, on appeal in a case falling within paragraph (1)(b), the person determining the appeal determines that the decision of the Agency shall be altered it shall be the duty of the Agency to give effect to the determination.
6
While an appeal is pending in a case falling within paragraph (1)(b), the decision in question shall be ineffective as respects any equipment which is the subject matter of the appeal; and if the appeal is dismissed or withdrawn the decision shall become effective from the end of the day on which the appeal is dismissed or withdrawn.
7
In this regulation “relevant appellate authority” as respects a refusal or cancellation which relates to equipment held or to be held —
a
only at locations in England, means the Secretary of State;
b
only at locations in Wales, means the Welsh Assembly;
c
at locations in both England and Wales means —
i
the Secretary of State so far as refusal or cancellation relates to equipment at locations in England,
ii
the Welsh Assembly so far as the refusal or cancellation relates to equipment at locations in Wales.
PART IV
INVENTORIES OF CONTAMINATED EQUIPMENT
Inventories of contaminated equipment
9
1
The Agency shall, on or before 30th September 2000, compile an inventory of the contaminated equipment held at every location in respect of which there is a registered holder.
2
Subject to paragraph (3), an inventory compiled in accordance with paragraph (1) shall record —
a
the name and address of the registered holder of the contaminated equipment;
b
the location and description of the equipment;
c
the quantity of PCBs contained in the equipment, in each case specifying (so far as reasonably practicable) the particular substance or mixture concerned;
d
the dates and types of treatment or replacement carried out or envisaged; and
e
the dates of declaration.
3
An inventory need not record information of the descriptions in paragraph (2)(c) and (d) as regards any equipment in respect of which it is reasonable to assume that the content of PCBs in the fluids is between 0.05% and 0.005%, by weight.
4
The Agency shall, on or before 30th September 2000, send to the Secretary of State and the Welsh Assembly a summary of the inventory which it has complied in accordance with paragraph (1); and the summary shall include a statement as to —
a
the number of registered holders; and
b
the number of items of equipment of which particulars are registered.
5
The Agency shall —
a
on or before 30th September in each year after 2000, review the inventory which it has compiled in accordance with paragraph (1) or, as the case may be, the most recent revision of that inventory; and
b
on or before 30th September in each year after 2000 provide the Secretary of State and the Welsh Assembly with a summary which shall include the total for the time being of —
i
the number of registered holders; and
ii
the number of items of equipment of which particulars are registered.
6
Paragraph (3) shall apply in respect of a review under paragraph (5)(a) as it applies to the compilation of the inventory.
Information for inventories
10
1
A registered holder who (because any of paragraphs (2), (3) or (5) of regulation 4 applies) intends to continue to hold contaminated equipment on or after 31st July in the year 2001 or in any subsequent year shall apply in writing in the relevant year, but before 31st July, for the registration to continue.
2
In applying, the registered holder shall, in respect of each of his items of contaminated equipment which have been, or are to be, included in an inventory made in accordance with regulation 9(1), notify the Agency of the locations and descriptions and, subject to regulation 9(3), the quantities and dates and types of treatment, referred to in regulation 9(2).
3
The Agency shall monitor the quantities of which they are notified under paragraph (2), and shall consider what, if any, changes to a holder’s registered particulars are required as a result of the notification.
4
For the purpose of enabling the Agency to discharge the function referred to in paragraph (3), the Agency may by notice in writing served on the registered holder of any equipment in respect of which a quantity has been notified in accordance with paragraph (2) require him to provide, within such reasonable period as the Agency may specify in the notice, such information as the Agency may reasonably require.
PART V
MISCELLANEOUS
Information for the public
11
1
Subject to paragraphs (5) and (6), the Agency shall make available for public inspection, without charge, and at all reasonable hours, a copy of every inventory and revised inventory which it has compiled.
2
The copy may be kept in any form but shall be indexed and arranged so that members of the public can readily trace information recorded in it.
3
Subject to paragraphs (5) and (7), the Agency shall keep a register specifying the quantity, origin, nature and PCB content of used PCBs in respect of which copies of consignment notes specifying that information are furnished to it under regulations 5(4), 8(7) or 9(3) of the Special Waste Regulations 1996 by a person in the course of a business concerned with the disposal of PCBs.
4
The register may be kept in any form and may, in particular, comprise copies, or extracts of copies, of consignment notes; but it shall —
a
be indexed and arranged so that members of the public can readily trace information recorded in it; and
b
be made available for public inspection, without charge, at all reasonable hours.
5
Nothing in paragraph (1) or (3) shall require the Agency to make available information which —
a
is capable of being, or must be, treated as confidential for the purposes of regulation 4 of the Environmental Information Regulations 1992 ; or
b
would be capable of being, or would have to be, treated as confidential for those purposes if it were information to which those Regulations applied.
6
Nothing in paragraph (1) shall require the Agency to retain an inventory or revised inventory, as the case may be, which has been superseded by a revised inventory once 4 years have elapsed from the date on which the revised inventory or the most recent revised inventory, as the case may be, was compiled.
7
The register mentioned in paragraphs (3) and (4) shall be kept until 31st December 2010.
Payment of charges
12
Where the Agency has fixed a charge under section 43 of the 1995 Act for a service or facility provided in the course of carrying out its functions in connection with these Regulations, the charge shall be paid —
a
where the service or facility is provided in connection with an application, at the time when the application is made;
b
in any other case, no later than the time when the service or facility is provided.
Offences and penalties
13
1
A person who holds any contaminated equipment in contravention of regulation 3 is guilty of an offence.
2
A person —
a
who holds PCBs or equipment in contravention of paragraph (1) of regulation 4;
b
who, being the holder of PCBs or equipment to which sub-paragraph (b) of paragraph (2) of regulation 4 applies, fails to dispose of them in accordance with that sub-paragraph; or
c
who, being the holder of equipment, fails to decontaminate or dispose of that equipment —
i
in a case to which paragraph (3) of regulation 4 applies, as soon as possible after the end of its useful life;
ii
in a case to which paragraph (5) of regulation 4 applies, in accordance with paragraph (8) of that regulation;
iii
in a case to which paragraph (9) of regulation 4 applies, as soon as possible after the end of the useful life of the other piece of equipment of which it is part,
is guilty of an offence.
3
A holder of equipment who fails to comply with regulation 4(4)(d) or regulation 5 is guilty of an offence.
4
A person who —
a
supplies information for the purposes of regulation 6(1) knowing it to be false or misleading in a material particular or recklessly supplies information which is false or misleading in a material particular;
b
fails without reasonable excuse to supply information in accordance with regulation 10(2) or a notice under regulation 10(4); or
c
supplies such information knowing it to be false or misleading in a material particular or recklessly supplies information which is false or misleading in a material particular,
is guilty of an offence.
5
A person guilty of an offence under paragraph (1) or (2) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on indictment, to a fine or a term of imprisonment not exceeding two years, or both.
6
A person guilty of an offence under paragraph (3) or (4) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on indictment, to a fine.
7
Where an offence under any paragraph of this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Where the affairs of a body corporate are managed by its members, paragraph (7) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Revocation of Regulations
14
1
The Control of Pollution (Supply and Use of Injurious Substances) Regulations 1986 , as they apply to England and Wales, are revoked with effect from 1st January 2001.
2
Regulation 2 ( PCBs and PCTs ) of the Environmental Protection (Controls on Injurious Substances) Regulations 1992 , as it applies to England and Wales, is revoked with effect from 1st January 2001.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
12th April 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barking, Havering and Redbridge Hospitals National Health Service Trust (Establishment) Order 2000 and shall come into force on 5th June 2000.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“establishment date” means 5th June 2000;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barking, Havering and Redbridge Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Barking, Havering and Redbridge Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services for the purposes of the health service at or from —
i
Barking Hospital, Upney Lane, Barking, Essex IG11 9LX;
ii
Harold Wood Hospital, Gubbins Lane, Harold Wood, Romford, Essex RM3 0BE;
iii
King George Hospital, Barley Lane, Goodmayes, Ilford, Essex IG3 8YB;
iv
Oldchurch Hospital, Waterloo Road, Romford, Essex RM7 0BE,
and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Barking & Havering Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors 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 directors of the trust;
c
liability for the remuneration of persons employed by 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 the operational date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
24th May 2000


text:
1
The said regulations are hereby approved.
2
The General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 1999 is hereby revoked.
3
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 2000.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Nottingham (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“city” means the city of Nottingham;
“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 of the Environment, Transport and the Regions marked “Map of the City of Nottingham (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Nottingham
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards, which shall bear the names set out in column (1) of the Schedule.
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.
Revocation
3
The City of Nottingham (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
15th December 2000


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Drinking Water (Undertakings) (England and Wales) Regulations 2000 and shall come into force on 14th June 2000.
2
These Regulations extend to England and Wales.
3
In these Regulations —
“the relevant enforcement authority” means —
in relation to a company whose area of appointment as a water undertaker is wholly or mainly in Wales, the National Assembly for Wales ; and
in all other cases, the Secretary of State; and
“water supply zone” has the meaning given by regulation 2 of the Water Supply (Water Quality) Regulations 1989 .
Acceptance of undertakings
2
An undertaking which relates to a contravention of section 68 of the Water Industry Act 1991 (water quality) in so far as it implements Directive 80/778/ EEC (the Drinking Water Directive) shall be accepted by the relevant enforcement authority for the purposes of section 19(1)(b) of that Act (remedial action) only if the provisions of regulations 3 to 5 are complied with.
Applications
3
1
A company offering to give an undertaking must make an application in writing to the relevant enforcement authority setting out —
a
the terms of the undertaking proposed;
b
details of investigations made to identify the contravention and its cause, including relevant sampling evidence;
c
the reason for proposing the remedial steps specified in the undertaking, details of any alternative remedial steps considered and the reason for preferring those proposed;
d
whether or not there are any alternative means for maintaining supplies to the population affected by the contravention and, if so, what they are and the reason for not using them;
e
the company’s estimate of the maximum deviation from the quality required by section 68 of the Water Industry Act 1991 in relation to each relevant parameter which is likely to occur while remedial steps are being taken and an explanation of the basis of that estimate;
f
an explanation of the measures proposed for monitoring the quality of water supplied in relation to each relevant parameter, and for preventing any danger to public health arising, while remedial steps are being taken; and
g
all other information on which the company relies to support its application.
2
In this regulation, “relevant sampling evidence” means details of all relevant samples taken, including the date and place at which each such sample is taken and the results of its analysis.
Content of undertakings
4
The undertaking must specify —
a
the nature of the contravention and its cause or suspected cause;
b
the water supply zone affected and the size of the population supplied;
c
the remedial steps which are to be taken and the date by which each step is to be completed;
d
the maximum deviation from the quality required by section 68 of the Water Industry Act 1991 in relation to each relevant parameter which the company undertakes to ensure is not exceeded while remedial steps are being taken; and
e
the measures which are to be taken to monitor those parameters, and to prevent any danger to public health arising, during that period.
Conditions of acceptance
5
The relevant enforcement authority must be satisfied that —
a
the specified remedial steps are being and will be taken as quickly as possible and that the dates specified in the undertaking are consistent with this;
b
there is no potential danger to human health;
c
there are no reasonable alternative means for maintaining supplies to the population affected by the contravention; and
d
the specified remedial steps are the most appropriate in the circumstances of the case for remedying the contravention as quickly as possible.
Cases where conditions of acceptance are no longer satisfied
6
A relevant enforcing authority shall no longer rely on an undertaking accepted under these Regulations as a means of ensuring that the contravention is remedied if it ceases to be satisfield about the matters specified in regulation 5 above.
Transitional provisions
7
1
An undertaking accepted before 14th June 2000 shall have effect as if it had been accepted in accordance with the provisions of these Regulations.
2
The relevant enforcement authority shall, by no later than [31st July 2000], review each such undertaking, and following the review shall no longer rely on it as a means of ensuring that the contravention is remedied, if —
a
its terms do not comply with the requirements of regulation 4 above; or
b
it is not satisfied at any time about the matters specified in regulation 5 above.
Amendment of section 19(1) of the Water Industry Act 1991
8
At the beginning of section 19(1) of the Water Industry Act 1991 (exceptions to the duty to make an enforcement order) there shall be inserted the words “Subject to the Drinking Water (Undertakings) (England and Wales) Regulations 2000,”.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Michael Meacher
Minister of State,
Department of the Environment, Transport and the Regions
11th May 2000


text:
Citation, commencement, operation and extent
1
1
This Order may be cited as the Iraq (United Nations Sanctions) (Isle of Man) Order 2000, and shall come into force on 14th December 2000.
2
If, after the making of this Order, the Security Council of the United Nations take a decision which has the effect of cancelling, amending or suspending the operation of the resolution adopted by it on 6th August 1990 in whole or in part, this Order shall cease to have effect or be deemed to be amended, or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
Articles 2 to 7 and 9 of this Order apply to any person within the Isle of Man, and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British overseas citizen, a British National (Overseas), a British subject or a British protected person and is ordinarily resident in the Isle of Man; or
b
is a body corporate incorporated or constituted under the law of the Isle of Man.
4
This Order extends to the Isle of Man, as part of its law.
Interpretation
2
In this Order —
“body corporate” includes a limited liability company constituted under the Limited Liability Companies Act 1996 (an Act of Tynwald) and, in relation to such a company, any reference to a director or other officer of a body corporate is a reference to a member and to the company’s manager and registered agent;
“custody” means custody within the meaning of the Custody Act 1995 (an Act of Tynwald);
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds” means financial assets and economic benefits of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments; letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of export financing;
“relevant institution” means —
a body corporate wherever incorporated;
a partnership formed under the law of the Isle of Man;
a partnership or other unincorporated association of two or more persons formed under the law of a member State of the European Community;
a European authorised institution within the meaning of the Banking Co-ordination (Second Council Directive) Regulations 1992 which has lawfully established a branch in the Isle of Man for the purposes of accepting deposits or other repayable funds from the public;
a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 (an Act of Tynwald);
“the Treasury” means the Isle of Man Treasury, a department of the Government of the Isle of Man.
Making funds available to Iraq
3
Except under the authority of a licence granted under article 5 by the Treasury, any person who —
a
makes any funds available to the Government of the Republic of Iraq or any person who is resident in the Republic of Iraq, or
b
otherwise remits or removes any funds from the Isle of Man to a destination in the Republic of Iraq,
is guilty of an offence.
Freezing of funds on suspicion
4
1
Where the Treasury has reasonable grounds for suspecting that any funds held by any person are or may be —
a
funds of the Government of the Republic of Iraq, or of a person who is resident in the Republic of Iraq, or
b
held on behalf of that Government or any such person,
it may by notice direct that those funds are not to be made available to that Government or that person, except under the authority of a licence granted under article 5.
2
A notice given under paragraph (1) above shall specify the period for which it is to have effect, which shall be not longer than 5 working days.
3
In paragraph (2) above, “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Bank Holidays Act 1989 (an Act of Tynwald).
4
The Treasury may by notice revoke a direction under paragraph (1) at any time.
5
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds in question.
6
A notice under paragraph (1) or (4) shall be given in writing to the person holding the funds in question (“the recipient”) and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
7
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
8
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
9
A recipient who fails to comply with such a requirement as is mentioned in paragraph (6) is guilty of an offence.
Licences
5
1
A licence under this article shall be in writing and may be —
a
granted either generally or to one or more particular persons;
b
granted either absolutely or subject to compliance with such conditions as are specified in the licence;
c
either of indefinite duration or expressed to expire on a specified date.
2
A licence granted to one or more particular persons may be revoked or varied at any time by written notice given by the Treasury to each of those persons.
3
The Treasury shall publish a general licence in such manner as it thinks fit. A general licence may be revoked at any time by written notice which shall be published by the Treasury in the same manner as the licence.
4
Any person who, in doing or having done an act mentioned in article 3(a) or (b) or 4(1) under the authority of a licence, contravenes or fails to comply with a condition specified in the licence, is guilty of an offence, unless the condition is one imposed as a result of a variation of the licence made without his consent after he did the act.
5
A notice under paragraph (2) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
Facilitation of offences under article 3 or 4(8)
6
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(8) is guilty of an offence.
Offences in connection with applications for licences
7
Any person who, for the purposes of obtaining a licence under article 5, knowingly or recklessly makes any statement or furnishes any document or information which is false in a material particular is guilty of an offence.
Failure to disclose knowledge or suspicion of sanctions offences
8
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person is resident in the Republic of Iraq, or has committed an offence under article 3, 4(8) or 5(4);
b
the person is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time; and
c
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is resident in the Republic of Iraq, or has committed an offence under article 3, 4(8) or 5(4), or
b
any information or matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
Obtaining of information
9
1
The Treasury may, by notice in writing given to any person to whom this article applies, require that person to —
a
furnish any information in his possession or control and specified in the notice, or
b
produce any documents in his possession or control and specified in the notice,
which the Treasury may require for the purpose of ensuring compliance with, or detecting evasion of, this Order.
2
Any person to whom such a requirement is given shall comply with it within such time, in such manner and at such place as may be specified in the notice.
3
A notice under paragraph (1) may be given by post, and shall be deemed to have been given to a person if it is sent to him at his last-known address.
4
Nothing in this article shall require any person who has acted as advocate for any person to produce or disclose any privileged communication or document in his possession in that capacity.
5
The furnishing of any information or the production of any document under this article shall not be treated as a breach of any restriction imposed by statute or otherwise.
6
The power conferred by this article to require any person to produce documents shall include power to take copies of or extracts from any document so produced and to require that person or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any such document.
7
Any person who —
a
without reasonable excuse, refuses or fails to comply with any requirement under paragraph (1);
b
intentionally furnishes false information or a false explanation in purported compliance with a requirement under paragraph (1); or
c
with intent to evade the provisions of this article, destroys, mutilates, defaces, secretes or removes any document,
is guilty of an offence.
8
Where a person is convicted of an offence under this article of failing to furnish any information or produce any document, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document.
Disclosure of information
10
1
No information furnished or document produced (including any copy or extract made of any document produced) by any person in pursuance of this Order shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to possession of that document in his own right;
b
to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom,
ii
the Government of the Isle of Man,
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark,
iv
the States of Jersey, or
v
the Government of any territory listed in the Schedule to this Order;
c
on the authority of the Treasury, to —
i
any organ of the United Nations or any person in the service of the United Nations, or
ii
the Government of, or any competent authority in, any other country or territory,
for the purpose of assisting the United Nations or that Government or authority in securing compliance with or detecting evasion of measures in relation to Iraq decided upon by the Security Council of the United Nations;
d
with a view to the initiation of, or otherwise for the purposes of, any investigation into the commission or possible commission of an offence under this Order; or
e
with a view to the institution of, or otherwise for the purposes of, any proceedings for an offence under this Order.
2
Any person who, without reasonable excuse, discloses information or a document in contravention of paragraph (1) is guilty of an offence.
Penalties and proceedings
11
1
Any person guilty of an offence under article 3, 4(8), 5(4) or 6 shall be liable —
a
on conviction on information to custody for a term not exceeding seven years, or a fine, or both;
b
on summary conviction to custody for a term not exceeding six months, or a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under article 7, 9(7)(b) or (c) or 10(2) shall be liable —
a
on conviction on information to custody for a term not exceeding two years, or a fine, or both;
b
on summary conviction to custody for a term not exceeding three months, or a fine not exceeding the statutory maximum, or both.
3
Any person guilty of an offence under article 4(9), 8 or 9(7)(a) shall be liable on summary conviction to custody for a term not exceeding three months, or a fine not exceeding the statutory maximum or to both.
4
Where a body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Notwithstanding anything in section 75(1) of the Summary Jurisdiction Act 1989 (an Act of Tynwald), a complaint relating to an offence under this Order which is triable by a court of summary jurisdiction may be heard if it is made at any time within 3 years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
6
For the purposes of this article —
a
a certificate signed by or on behalf of the prosecutor as to the date on which such evidence as is referred to in paragraph (5) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
7
Section 27(2) of the Police Powers and Procedures Act 1998 (an Act of Tynwald) shall apply to the offences under this Order that are not arrestable offences by virtue of the term of custody for which a person may be sentenced in respect of them, as if they were mentioned in that section; and accordingly such offences shall be arrestable offences within the meaning of that Act.
8
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted except by or with the consent of the Attorney General for the Isle of Man:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of functions
12
The Treasury may to such extent and subject to such restrictions and conditions as it may think proper, delegate or authorise the delegation of any of its functions under this Order to any person, or class or description of person, approved by it, and references in this Order to the Treasury shall be construed accordingly.
A. K. Galloway
Clerk of the Privy Council