text:
Citation and commencement
1
These Rules may be cited as the Pensions Appeal Tribunals (England and Wales) (Amendment) Rules 2001 and shall come into force on 9th April 2001.
Interpretation
2
A reference in these Rules to any rule by number alone means the rule so numbered in the Pensions Appeal Tribunals (England and Wales) Rules 1980 .
Amendments to the Pensions Appeal Tribunals (England and Wales) Rules 1980
3
In rule 2 —
a
in sub-paragraph (b), for “and an assessment appeal” there shall be substituted “, an assessment appeal and an appeal against a specified decision”;
b
in sub-paragraph (g), for “1959” there shall be substituted “1983” ;
c
at the end of sub-paragraph (i) there shall be inserted “for England and Wales under section 2B of the Act; and references to the President shall be construed as including the Deputy President where he is authorised to carry out any function of the President under any provision of the Act or of these Rules”;
d
after sub-paragraph (j) there shall be inserted: —
jj
“specified decision” has the meaning given in section 5A of the Act ;
;
e
after sub-paragraph (k) there shall be inserted: —
l
“the Deputy President” means the person appointed by the Lord Chancellor to be Deputy President of Pensions Appeal Tribunals for England and Wales under section 2B of the Act.
.
4
In rule 3(1): —
a
the word “and” shall be omitted at the end of paragraph (a);
b
after paragraph (b) there shall be inserted the following: —
; and
c
an appeal against a specified decision shall be brought by the person in respect of whose claim the Minister has made the decision.
.
5
At the end of rule 10 there shall be inserted “or direct that the appeal be struck out”.
6
In rule 11(1) the words in brackets shall be omitted.
7
In rule 18, the word “shortly” shall be omitted.
8
In rule 20(2)(b), after “hearing” there shall be inserted “, giving written reasons for the adjournment”.
9
In rule 33, the words “by the tribunal or” and “(if any)” shall be omitted.
10
In rule 38, after “be discharged by” there shall be inserted “the Deputy President or, if there is no Deputy President or the Deputy President is for any reason unable to act, by”.
Signed by authority of the Lord Chancellor
Jane Kennedy
Parliamentary Secretary
Lord Chancellor’s Department
31st January 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Cheltenham (Electoral Changes) Order 2001.
2
This article and articles 2, 3 and 8 shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the date after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5, 6 and 7 of this Order shall come into force —
a
for the purposes of proceedings preliminary or relating to the election of parish councillors for the parishes of Charlton Kings, Leckhampton, Prestbury and Up Hatherley, to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“borough” means the borough of Cheltenham;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Cheltenham (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Cheltenham
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be two.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Cheltenham
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Charlton Kings
4
1
The existing wards of the parish of Charlton Kings shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Leckhampton
5
The parish of Leckhampton shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Prestbury
6
The parish of Prestbury shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Up Hatherley
7
The parish of Up Hatherley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocations
8
The Borough of Cheltenham (Electoral Arrangements) Order 1979 and article 3 of and the Schedule to the Gloucestershire Districts (Electoral Arrangements) Order 1991 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
30th November 2001


text:
1
1
This Order may be cited as the A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass) Supplementary (No. 2) Slip Road Order 2001 and shall come into force on 28th August 2001.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered 065/002/067, marked “The A10 Trunk Road (Wadesmill, High Cross and Colliers End Bypass) Supplementary (No. 2) Slip Road Order 2001”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new slip road that:
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new slip road is opened for traffic.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director in the Highways Agency
27th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Winchester and Eastleigh Healthcare National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the Winchester and Eastleigh Healthcare National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of the NHS trust Establishment Order
2
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
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, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from Royal Hampshire County Hospital, Romsey Road, Winchester, SO22, 5DG;
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of South Staffordshire (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of South Staffordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of South Staffordshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of South Staffordshire
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, parish wards or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bilbrook
3
1
The parish of Bilbrook shall be divided into three parish wards which shall bear the names East, Lane Green and West; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the East parish ward shall be seven, for the West parish ward shall be five and for the Lane Green parish ward shall be one.
Wards of the parish of Cheslyn Hay
4
1
The existing wards of the parish of Cheslyn Hay shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Littlewood, Pinfold and South; and the wards shall comprise the areas designated on sheet 7 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the South parish ward shall be eight, for the Littlewood parish ward shall be five and for the Pinfold parish ward shall be two.
Wards of the parish of Codsall
5
1
The existing wards of the parish of Codsall shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Great Wyrley
6
1
The existing wards of the parish of Great Wyrley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Landywood, North and Town; and the wards shall comprise the areas designated on sheet 8 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Town parish ward shall be seven, for the Landywood parish ward shall be six and for the North parish ward shall be two.
Wards of the parish of Kinver
7
1
The existing wards of the parish of Kinver shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Dunsley, Potters Cross and Stourton; and the wards shall comprise the areas designated on sheets 9 and 10 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Potters Cross parish ward shall be seven, and for each of the Dunsley and Stourton parish wards shall be four.
Wards of the parish of Perton
8
1
The existing wards of the parish of Perton shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Dippons, East, Lakeside, and Kingswood and Trescott; and the wards shall comprise the areas designated on sheet 11 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Lakeside parish ward shall be nine, for the East parish ward shall be three, for the Dippons parish ward shall be two and for the Kingswood and Trescott parish ward shall be one.
Wards of the parish of Penkridge
9
1
The existing wards of the parish of Penkridge shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Gailey, North East, South East and West; and the wards shall comprise the areas designated on sheets 12 and 13 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the South East parish ward shall be six, for each of the North East and West parish wards shall be four, and for the Gailey parish ward shall be one.
Wards of the parish of Wombourne
10
1
The existing wards of the parish of Wombourne shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Number of parish councillors
11
The number of parish councillors to be elected for the parish of Huntington shall be thirteen, of whom six shall be elected for the parish ward of Chase and seven for the parish ward of Littleton.
Revocation
12
The District of South Staffordshire (Electoral Arrangements) Order 1977 and the District of South Staffordshire (Electoral Arrangements) Order 1989 are 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
10th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Rushmoor (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Rushmoor;
“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 Borough of Rushmoor (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of borough of Rushmoor
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fourteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the names of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Rushmoor
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002 in each ward of the borough —
a
one shall retire in 2003 being, subject to paragraphs (5) and (6), the councillor elected by the smallest number of votes;
b
one shall retire in 2004 being, subject to those paragraphs, the councillor elected by the next smallest number of votes;
c
the remaining councillor shall retire in 2006.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Rushmoor (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
14th March 2001


text:
1
This Order may be cited as the Drug Abstinence Order (Responsible Officer) (No. 2) Order 2001 and shall come into force on the day after the day on which it is made.
2
Officers of local probation boards (within the meaning of section 4(4) of the Criminal Justice and Court Services Act 2000 ) are hereby specified for the purposes of section 58A(4) of the Powers of Criminal Courts (Sentencing) Act 2000 as persons who may be made responsible for the supervision of offenders subject to drug abstinence orders.
3
The Drug Abstinence Order (Responsible Officer) Order 2001 is hereby revoked in so far as it has any effect in law.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
25th October 2001


text:
1
This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Code of Practice for Rail Freight) Order 2001, and shall come into force on 1st March 2001.
2
The code of practice entitled “Civil Penalty: Code of Practice for Rail Freight Wagons”, which was laid in draft before each House of Parliament on 6th February 2001 and concerns the practice to be followed by any person operating a system for preventing the carriage of clandestine entrants concealed in rail freight wagons, shall come into operation on 1st March 2001.
Barbara Roche
Minister of State Home Office
7th February 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Road User Charging (Charges and Penalty Charges) (London) Regulations 2001 and shall come into force on 16th July 2001.
Interpretation
2
1
In these Regulations —
“authorised person” means, subject to regulation 3, a local authority, an employee of a local authority or of Transport for London, a constable or any other person authorised in writing by a charging authority to act as an authorised person for the purposes of these Regulations;
“custodian” in relation to a vehicle removed under these Regulations means —
if the vehicle has in accordance with regulation 12(2) been delivered to the charging authority, that authority; or
if the vehicle has been so delivered to another person authorised by the charging authority to keep vehicles so removed in his custody, that other person;
“hiring agreement” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988 ;
“outstanding” in relation to a penalty charge shall be construed in accordance with regulation 11(2);
“penalty charge” means a charge imposed by a charging scheme by virtue of regulation 4;
“vehicle” means motor vehicle; and
“vehicle-hire firm” has the same meaning as in section 66 of the Road Traffic Offenders Act 1988.
2
For the purposes of these Regulations the registered keeper shall be presumed to be the owner of a vehicle registered under the Vehicle Excise and Registration Act 1994 .
Authorised persons
3
1
An authorised person who is about to exercise, is in course of exercising or has exercised, any power conferred on him under these Regulations shall, if so requested, produce his authority.
2
A person authorised only for particular purposes under these Regulations shall not be taken to be an authorised person in relation to any other purpose.
PART II
PENALTY CHARGES
Imposition of penalty charges
4
1
A charging scheme may provide that a penalty charge shall be imposed in respect of a vehicle where —
a
the vehicle has been used or kept on a road in the charging area to which the scheme applies;
b
the vehicle falls within a class in respect of which a charge is imposed by the charging scheme;
c
the road is a road in respect of which a charge is imposed by the charging scheme;
d
events have occurred by reference to the happening of which a charge is imposed by the charging scheme; and
e
the charge has not been paid in full within the time and in the manner in which it is required by the charging scheme to be paid.
2
A charging scheme may further provide that penalty charges shall be imposed in respect of —
a
the release of a vehicle from an immobilisation device fixed to it in accordance with regulation 11;
b
the removal of a vehicle in accordance with regulation 12;
c
the storage and release from storage of a vehicle so removed; or
d
the sale or destruction of a vehicle so removed.
3
If a charging scheme so provides a penalty charge shall be payable.
4
A charging scheme shall specify the time and manner in which a penalty charge is to be paid and may provide that the amount of a penalty charge —
a
is to be reduced by such proportion as may be specified in that behalf in the scheme if it is duly paid within such time and in such manner or circumstances as may be so specified; or
b
is to be increased by such proportion as may be specified in that behalf in the scheme if it is not duly paid within such time and in such manner or circumstances as may be so specified.
Setting the rates of penalty charges
5
1
The rates of penalty charges (which may be no charge) imposed by a charging scheme shall be specified in the scheme.
2
Different rates of penalty charges may be specified for —
a
different classes of penalty charge;
b
different days;
c
different times of day;
d
different parts of a charging area;
e
different distances travelled;
f
different classes of vehicles; or
g
different circumstances in which penalty charges are imposed.
Liability for charges and penalty charges
6
1
In this regulation —
a
“relevant vehicle” means a vehicle in respect of which charges or penalty charges are imposed by a charging scheme arising out of its having been used or kept on a road in a charging area designated by the scheme as a road in respect of which a charge is imposed; and
b
“relevant time” means the time at which a relevant vehicle was so used or kept on that road.
2
The circumstances in which, and the persons by whom, charges and penalty charges imposed in respect of a relevant vehicle by a charging scheme are to be payable otherwise than by the registered keeper are those specified in paragraphs (3) to (6).
3
Where the relevant vehicle is not registered under the Vehicle Excise and Registration Act 1994, charges and penalty charges shall be payable by the person by whom the relevant vehicle was used or kept on a road at the relevant time.
4
Where at the relevant time the relevant vehicle was kept by a person who was a motor vehicle trader as defined by regulation 12A(6) of the Road Vehicles (Registration and Licensing) Regulations 1971 (“the 1971 Regulations ”) and that person was not the registered keeper, charges and penalty charges shall be payable by that person.
5
Where before the relevant time the registered keeper had notified the Secretary of State in writing, in accordance with regulation 12 or 12A of the 1971 Regulations, that there had been a change of ownership of the relevant vehicle so that it was no longer kept by him, charges and penalty charges shall be payable by the person by whom the vehicle was kept at the relevant time.
6
Where at the relevant time —
a
the registered keeper of the relevant vehicle was a vehicle-hire firm;
b
the relevant vehicle was hired from that firm under a hiring agreement;
c
the person hiring it signed a statement of liability acknowledging his liability for any charges or penalty charges incurred under a charging scheme during the currency of the hiring agreement,
charges and penalty charges shall be payable by the hirer of the vehicle.
7
The date on which the registered keeper shall be taken for the purposes of these Regulations to have notified the Secretary of State as mentioned in paragraph (5) shall be the date on which service on the Secretary of State is to be taken to have been effected in accordance with section 7 of the Interpretation Act 1978 of —
a
in a case where regulation 12 of the 1971 Regulations applies, notification of a change of ownership in accordance with paragraph (1A) of that regulation; or
b
in a case where regulation 12A(2) or (3) of the 1971 Regulations applies, the part of the registration document referred to in paragraph (2)(a) or, as the case may be, (3)(a), of regulation 12.
PART III
EXAMINATION OF VEHICLES ETC.
Examining vehicles
7
1
An authorised person may examine a vehicle for the purpose of ascertaining whether any document required by a charging scheme to be displayed while a vehicle is on a road in a charging area is so displayed.
2
An authorised person may examine a vehicle for the purpose of ascertaining —
a
whether any equipment required by a charging scheme to be carried in or fitted to a vehicle while the vehicle is on a road in a charging area —
i
is so carried or fitted,
ii
is in proper working order, or
iii
has been interfered with with intent to avoid payment of, or being identified as having failed to pay, a charge; or
b
whether any conditions relating to the use of such equipment are satisfied.
Entering vehicles
8
1
An authorised person may enter a vehicle which is on a road where he has reasonable grounds for suspecting that —
a
any equipment required to be carried in or fitted to the vehicle while it is on a road in respect of which charges are imposed has been interfered with by a person who intends to avoid payment of, or to be identified as having failed to pay, a charge imposed by the charging scheme; or
b
there is in the vehicle a false document which has been made or used by a person who intends to avoid payment of, or to be identified as having failed to pay, such a charge.
2
The power conferred by paragraph (1) shall not be exercised by an authorised person who is not a constable, except in the presence of a constable.
Power of seizure
9
1
An authorised person may seize anything (if necessary by detaching it from a vehicle) and detain it as evidence of commission of an offence under paragraph 25 of Schedule 23 to the Greater London Authority Act 1999.
2
The power conferred by paragraph (1) shall not be exercised by an authorised person who is not a constable, except in the presence of a constable.
PART IV
IMMOBILISATION AND REMOVAL OF VEHICLES
Power to immobilise vehicles
10
1
As mentioned in paragraph (2), a charging scheme may make provision for any case in which an authorised person has reason to believe that, in respect of a vehicle which is stationary on a road in a charging area —
a
the vehicle is being used or kept on that road in contravention of the scheme; or
b
there are such number of penalty charges outstanding with respect to the vehicle as may be specified in that behalf in the scheme,
and that such other circumstances apply as may be specified in the scheme.
2
The scheme may provide that an authorised person or a person acting under his direction may —
a
fit an immobilisation device to the vehicle while it remains in the place where it is found; or
b
move it, or require it to be moved, to another place on that road or another road and fit an immobilisation device to the vehicle in that other place.
3
Where an immobilisation device is fitted to a vehicle in accordance with this regulation, the person fitting the device shall also fix to the vehicle an immobilisation notice —
a
indicating that the device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion until it has been released from the device;
b
stating that the vehicle may only be released from the device by or under the direction of an authorised person;
c
stating that the notice must not be removed or interfered with except by or on the authority of an authorised person; and
d
specifying the steps to be taken to secure its release including the penalty charges payable under the charging scheme and the person to whom and the means by which those charges may be paid.
Release of immobilised vehicles
11
1
Where a charging scheme makes provision for the immobilisation of vehicles the scheme shall provide that, where an immobilisation device is fitted to a vehicle in accordance with the scheme, the person fitting the device shall also fix to the vehicle an immobilisation notice indicating that the vehicle shall be released —
a
if all outstanding penalty charges, or such outstanding penalty charges as the relevant charging scheme may prescribe for the purposes of this sub-paragraph, are paid to the charging authority;
b
if any penalty charge imposed by the relevant charging scheme for the release of the vehicle from the immobilisation device is paid; and
c
where at the time the device is fitted the vehicle is being kept on a road in the charging area in circumstances where a charge is payable, if that charge is also paid to the charging authority.
2
For the purposes of these Regulations a penalty charge is “outstanding” if —
a
it is a penalty charge imposed by a charging scheme in respect of the use or keeping of the vehicle in question in the charging area to which the scheme relates; and
b
it has not been paid and is not subject to an outstanding appeal.
3
For the purposes of paragraph (2)(b) a penalty charge is “subject to an outstanding appeal” if —
a
representations have been made to the charging authority under regulations made by the Lord Chancellor under paragraphs 12(3) and 28 of Schedule 23 to the Greater London Authority Act 1999 and the authority has not notified its decision with respect to the representations; or
b
an appeal has been made to an adjudicator under those Regulations and the appeal has not been determined.
Power to remove vehicles
12
1
As mentioned in paragraph (2), a charging scheme may make provision for any case where an authorised person has reason to believe that in respect of a motor vehicle which is stationary on a road in a charging area —
a
the vehicle is being used or kept on that road in contravention of the scheme;
b
there are such number of penalty charges outstanding with respect to the vehicle as may be specified in that behalf in the scheme; or
c
an immobilisation device has been fixed to the vehicle in accordance with regulation 10 and the outstanding penalty charges have not been paid in accordance with regulation 11,
and that such other circumstances apply as may be specified in the scheme.
2
A charging scheme may provide that, in such a case, the authorised person or a person acting under his direction, may remove the vehicle and deliver it to the charging authority or to a person authorised by that authority to keep vehicles so removed.
3
A vehicle removed by virtue of paragraph (2) may be driven, towed or removed by an authorised person, or a person acting under his direction, by such means as are reasonable in the circumstances and any necessary steps may be taken in relation to the vehicle in order to facilitate its removal.
4
The contents of a vehicle removed by virtue of this regulation may be removed by an authorised person, or a person acting under his direction, from the vehicle where —
a
it is reasonable to do so to facilitate removal of the vehicle;
b
there is good reason for storing them at a different place from the vehicle; or
c
their condition requires them to be disposed of without delay.
Disposal of removed vehicles and contents
13
1
Subject to the provisions of this regulation, the custodian of a vehicle delivered to him as mentioned in regulation 12(2) may dispose of the vehicle or its contents by selling them or dealing with them as scrap, as he thinks fit.
2
Where the owner of a vehicle has disclaimed all rights of ownership of a vehicle or its contents, they may be disposed of pursuant to this regulation at any time.
3
In a case not falling within paragraph (2), a vehicle or its contents shall not be disposed of pursuant to this regulation before the end of the period of five weeks beginning with the date on which the vehicle was removed as mentioned in regulation 12(2) and until the custodian has, for the purpose of ascertaining the owner of the vehicle, taken such of the steps specified in paragraph (4) as are applicable to the vehicle and either —
a
he has failed to ascertain the name and address of the owner, or
b
the owner has failed to comply with a notice complying with paragraph (5) served on him by post or such other means as agreed by the parties.
4
The steps referred to in paragraph (3) are —
a
if the vehicle carries a United Kingdom registration mark, the custodian shall ascertain from the records kept by the Secretary of State under the Vehicle Excise and Registration Act 1994 the name and address of the person by whom the vehicle is kept;
b
if the vehicle does not carry such a registration mark, the custodian shall make such inquiries as appear to him to be practicable to ascertain the identity of the owner of the vehicle.
5
A notice under paragraph (3)(b) shall be a notice addressed to the owner which —
a
states —
i
the outstanding penalty charges payable in respect of the vehicle;
ii
the registration mark and make of the vehicle;
iii
the place where the vehicle was found before it was removed;
iv
the place to which the vehicle has been removed;
v
the steps to be taken to obtain possession of the vehicle in accordance with regulation 15;
vi
that unless the vehicle is removed by the owner on or before the date specified under sub-paragraph (b), the custodian intends to dispose of it; and
b
requires the owner to remove the vehicle from the custody of the custodian within 21 days of the date on which the notice was served.
6
The custodian shall be entitled to treat the registered keeper of the vehicle as the person entitled to its contents unless and to the extent that some other person satisfies him of their claim to all or part of them.
7
Where there is more than one claim to the vehicle or its contents, the custodian shall determine which person is entitled to the vehicle or its contents on the basis of the evidence provided to him.
Recovery of penalty charges in relation to removed vehicles
14
1
Where a vehicle has been removed and delivered into the custody of a custodian in accordance with regulation 12(2), the charging authority or the custodian may (whether or not any claim is made under regulation 15 or 16) recover from the person who was the owner of the vehicle when the vehicle was removed the charges prescribed by the scheme for —
a
its removal and storage; and
b
if the vehicle has been disposed of, its disposal.
2
Where, by virtue of paragraph (1)(a), any sum is recoverable in respect of a vehicle by a custodian, the authority or the custodian shall be entitled to retain custody of it until that sum is paid.
Taking possession of a vehicle
15
1
A person (“the claimant”) may take possession of a vehicle (with its contents) which has been removed and delivered to a custodian and has not been disposed of under regulation 13, if the conditions specified in paragraph (2) are satisfied.
2
The conditions are that —
a
the claimant satisfies the custodian that he is the owner of the vehicle or that he is authorised by the owner to take possession of the vehicle;
b
all outstanding penalty charges in respect of the vehicle are paid to the charging authority; and
c
any penalty charges imposed by the charging scheme in respect of the removal, storage or release from storage of the vehicle are paid.
3
On giving the claimant possession of a vehicle pursuant to this regulation, the charging authority or custodian shall give the claimant a statement of the right of the owner (or the person in charge of the vehicle at the time it was immobilised or, where it was not immobilised, it was removed) to appeal pursuant to regulations made by the Lord Chancellor under paragraphs 12(3) and 28 of Schedule 23 to the Greater London Authority Act 1999, of the steps to be taken in order to appeal and of the address to which representations made as mentioned in those Regulations should be sent.
Claim by the owner of a vehicle after its disposal
16
1
If, after a vehicle has been disposed of by a custodian pursuant to regulation 13, a person claims to have been the owner of the vehicle at the time when it was disposed of and the conditions specified in paragraph (2) are fulfilled, there shall be payable to him by the custodian a sum calculated in accordance with paragraph (3).
2
The conditions are that —
a
the person claiming satisfies the custodian that he was the owner of the vehicle at the time it was disposed of; and
b
the claim is made before the end of the period of one year beginning with the date on which the vehicle was disposed of.
3
The sum payable under paragraph (1) shall be calculated by deducting from the proceeds of sale the sums that would have been payable under regulation 15(2) had the vehicle been claimed by the owner immediately before its disposal together with such penalty charge as may be imposed by the charging scheme in respect of the disposal of a vehicle.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
22nd June 2001


text:
Citation, commencement, interpretation, and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2001.
2
These Regulations shall come into force:
a
except for regulation 3, on 9th April 2001; and
b
regulation 3, on 10th April 2001.
3
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
4
These Regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) for the definition of “capital limit” substitute,
“capital limit” —
in the case of a person who lives permanently in a nursing home or residential care home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 has the meaning it bears in section 21(2B) of the National Assistance Act 1948, and
in the case of any other person, means the amount prescribed for the purposes of section 134(1) of the Social Security Contribution and Benefits Act 1992 .
Amendment of regulation 4 of the principal Regulations
3
In paragraphs (c) and (g) of regulation 4 of the principal Regulations (description of persons entitled to full remission and payment) for “£70” there shall be substituted “£71”.
Amendment of Schedule 1 to the principal Regulations
4
In Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987) at the end of the entry relating to “regulation 53” there shall be added the following paragraph “As if in paragraph (1A) for “£10,000” on each occasion it appears there were substituted “£11,500” and as if for “£16,000” there were substituted “£18,500””.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
15th March 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 3) Regulations 2001.
2
Except for regulation 20, these Regulations shall come into force on 4th April 2001.
3
Regulation 20 shall come into force on 10th April 2001 immediately after the Tax Credits (Claims and Payments) (Amendment) Regulations 2001 .
4
Regulations 4 to 9, 12 to 17 and 19 shall have effect in relation to claims which are made on or after 4th April 2001.
5
Regulations 10 and 18 shall have effect in relation to award periods which are current on or after 4th April 2001.
6
Regulation 20 shall have effect in relation to claims which are made on or after 10th April 2001.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or working families' tax credit;
“ the Board ” means the Commissioners of Inland Revenue;
“claims” means claims for working families' tax credit or disabled person’s tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Disability Working Allowance Regulations
3
1
Amend regulation 2 of the Disability Working Allowance Regulations as follows.
2
After the definition of “employment zone contractor” insert the following definition —
“extra statutory maternity pay” means a payment or payments made by an employer to an employee during a maternity pay period in order to supplement statutory maternity pay that is paid to that employee for that period;
.
3
After the definition of “lower rate” insert the following definition —
“maternity allowance” shall be construed in accordance with section 35 of the Contributions and Benefits Act ;
.
4
After the definition of “sports award” insert the following definitions —
“statutory maternity pay” and “maternity pay period” shall be construed in accordance with Part XII of the Contributions and Benefits Act;
.
5
After the definition of “subsistence allowance” insert the following definition —
“surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990 ;
.
4
1
Amend regulation 6 of the Disability Working Allowance Regulations as follows.
2
In paragraph (4) —
a
in sub-paragraph (c) for the words “this paragraph” substitute “sub-paragraph (b)”;
b
after sub-paragraph (c) insert the following sub-paragraph —
or
d
in the case of a woman on maternity leave at the date of the claim, the hours worked shall be calculated on the basis of a declaration made by her of the average hours worked per week prior to the commencement of her maternity leave.
.
3
In paragraph (5) after sub-paragraph (d) add the following sub-paragraph —
or
e
cannot satisfy the requirements of sub-paragraph (a) or (b) above at the date of claim because she is on maternity leave at that date but —
i
prior to the commencement of her maternity leave, she worked, on average, not less than 16 hours a week, and
ii
she is entitled to maternity allowance or statutory maternity pay at the date of the claim.
.
5
1
Amend regulation 16 of the Disability Working Allowance Regulations as follows.
2
In each of paragraphs (2) to (5) for the words “paragraph (7)” substitute “paragraphs (7), (8A), (8B) and (8C)”.
3
After paragraph (8) insert the following paragraphs —
8A
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer, and
b
the next payment from her employer following the date of the claim is a payment which will include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with an estimate of her likely earnings and statutory maternity pay to be contained in that payment, and her normal weekly earnings shall be determined by taking account of that estimate.
8B
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer,
b
the claim is made during a maternity pay period and at a time when less than half of that maternity pay period has expired, and
c
in consequence the next payment from her employer following the date of the claim is a payment which will not include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with an estimate of her likely earnings and statutory maternity pay to be contained in the first future payment from her employer in which statutory maternity pay will be paid to her at the lower rate only, and her normal weekly earnings shall be determined by taking account of that estimate.
8C
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer,
b
the claim is made during a maternity pay period and at a time when more than half of that maternity pay period has expired, and
c
in consequence the next payment from her employer following the date of the claim is a payment which will not include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with details of her earnings and statutory maternity pay contained in the payment from her employer immediately preceding the date of the claim, and her normal weekly earnings shall be determined accordingly.
.
6
1
Amend regulation 21 of the Disability Working Allowance Regulations as follows.
2
After paragraph (4) add the following paragraphs —
5
An employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to maternity allowance at the date of the claim.
6
An employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to statutory maternity pay at the date of the claim and is neither receiving nor expecting to receive at that date extra statutory maternity pay from her employer.
.
7
1
Amend regulation 22 of the Disability Working Allowance Regulations as follows.
2
In paragraph (4) after the words “paragraph (8)” insert “, (8A) or (8B)”.
8
1
Amend regulation 24 of the Disability Working Allowance Regulations as follows.
2
After paragraph (3) add the following paragraph —
4
A self-employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to maternity allowance at the date of the claim.
.
9
1
Amend regulation 51A of the Disability Working Allowance Regulations as follows.
2
After paragraph (2) insert the following paragraph —
2ZA
A person is not engaged in remunerative work for the purposes of paragraph (1) where that person is treated as being in remunerative work by virtue only of either —
a
paragraph (5)(c) of regulation 6 (recognised, customary or other holiday) in circumstances where the absence from work arises from the need to care for a recently adopted child or young person or from the acquisition of a surrogate child, or
b
paragraph (5)(e) of that regulation (woman on maternity leave),
unless immediately prior to the adoption of the child or young person or the granting of the parental order for the surrogate child or the birth of the child (as the case may be) that person was paying, or had incurred, relevant childcare charges for another child or other children of her household.
.
3
In paragraph (2A) after sub-paragraph (c) add the following sub-paragraph —
d
where paragraph (2ZA) applies, in the definition of “relevant childcare charges” the references to a child of the claimant’s family do not include references to any child born or child or young person adopted or surrogate child acquired during the period of absence or maternity leave.
.
10
After regulation 54 insert the following regulation —
Surrendering an award following birth or adoption etc. of child
54A
1
An existing award of disabled person’s tax credit shall cease to have effect if the claimant or partner elects, by notice to the Board, to surrender it following the birth of a child, the adoption of a child or young person or the granting of a parental order for a surrogate child.
2
The award shall terminate with effect from —
a
the day on which the notice is given to the Board, if that day is a Monday, or
b
the Monday following the day on which the notice is given to the Board, if that day is other than a Monday.
.
Amendments to the Family Credit Regulations
11
1
Amend regulation 2 of the Family Credit Regulations as follows.
2
After the definition of “employment zone contractor” insert the following definition —
“extra statutory maternity pay” means a payment or payments made by an employer to an employee during a maternity pay period in order to supplement statutory maternity pay that is paid to that employee for that period;
.
3
After the definition of “lower rate” insert the following definition —
“maternity allowance” has the meaning given by section 35 of the Contributions and Benefits Act;
.
4
After the definition of “sports award” insert the following definitions —
“statutory maternity pay” and “maternity pay period” shall be construed in accordance with Part XII of the Contributions and Benefits Act;
.
5
After the definition of “subsistence allowance” insert the following definition —
“surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990;
.
12
1
Amend regulation 4 of the Family Credit Regulations as follows.
2
In paragraph (4) after sub-paragraph (c) insert the following sub-paragraph —
or
d
in the case of a woman on maternity leave at the date of the claim, the hours worked shall be calculated on the basis of a declaration made by her of the average hours worked per week prior to the commencement of her maternity leave.
.
3
In paragraph (5) after sub-paragraph (d) add the following sub-paragraph —
or
e
cannot satisfy the requirements of sub-paragraph (a) or (b) above at the date of claim because she is on maternity leave at that date but —
i
prior to the commencement of her maternity leave, she worked, on average, not less than 16 hours a week, and
ii
she is entitled to maternity allowance or statutory maternity pay at the date of the claim,
.
13
1
Amend regulation 14 of the Family Credit Regulations as follows.
2
In paragraph (1) for the words “paragraphs (3) to (6)” substitute “paragraphs (3) to (6C)”.
3
In paragraph (2) for the words “paragraphs (2A) to (6)” substitute “paragraphs (2A) to (6C)”.
4
After paragraph (6) insert the following paragraphs —
6A
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer, and
b
the next payment from her employer following the date of the claim is a payment which will include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with an estimate of her likely earnings and statutory maternity pay to be contained in that payment, and her normal weekly earnings shall be determined by taking account of that estimate.
6B
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer,
b
the claim is made during a maternity pay period and at a time when less than half of that maternity pay period has expired, and
c
in consequence the next payment from her employer following the date of the claim is a payment which will not include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with an estimate of her likely earnings and statutory maternity pay to be contained in the first future payment from her employer in which statutory maternity pay will be paid to her at the lower rate only, and her normal weekly earnings shall be determined by taking account of that estimate.
6C
Where —
a
the claimant is entitled at the date of the claim to statutory maternity pay and is or will be receiving extra statutory maternity pay from her employer,
b
the claim is made during a maternity pay period and at a time when more than half of that maternity pay period has expired, and
c
in consequence the next payment from her employer following the date of the claim is a payment which will not include statutory maternity pay paid to her for a full pay period at the lower rate only,
the Board shall require the claimant to furnish them with details of her earnings and statutory maternity pay contained in the payment from her employer immediately preceding the date of the claim, and her normal weekly earnings shall be determined accordingly.
.
14
1
Amend regulation 19 of the Family Credit Regulations as follows.
2
After paragraph (4) add the following paragraphs —
5
An employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to maternity allowance at the date of the claim.
6
An employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to statutory maternity pay at the date of the claim and is neither receiving nor expecting to receive at that date extra statutory maternity pay from her employer.
.
15
1
Amend regulation 20 of the Family Credit Regulations as follows.
2
In paragraph (4) after the words “paragraph (6)” insert “, (6A) or (6B)”.
16
1
Amend regulation 21 of the Family Credit Regulations as follows.
2
After paragraph (3) add the following paragraph —
4
A self-employed earner shall not be treated as being in receipt of earnings in any assessment period as long as she is entitled to maternity allowance at the date of the claim.
.
17
1
Amend regulation 46A of the Family Credit Regulations as follows.
2
After paragraph (2) insert the following paragraph —
2ZA
A person is not engaged in remunerative work for the purposes of paragraph (1) where that person is treated as being in remunerative work by virtue only of either —
i
paragraph (5)(c) of regulation 4 (recognised, customary or other holiday) in circumstances where the absence from work arises from the need to care for a recently adopted child or young person or from the acquisition of a surrogate child, or
ii
paragraph (5)(e) of that regulation (woman on maternity leave),
unless immediately prior to the adoption of the child or young person or the granting of the parental order for the surrogate child or the birth of the child (as the case may be) that person was paying, or had incurred, relevant childcare charges for another child or other children of her household.
.
3
In paragraph (2A) after sub-paragraph (c) add the following sub-paragraph —
d
where paragraph (2ZA) applies, in the definition of “relevant childcare charges” the references to a child of the claimant’s family do not include references to any child born or child or young person adopted or surrogate child acquired during the period of absence or maternity leave.
.
18
After regulation 49 insert the following regulation —
Surrendering an award following birth or adoption etc. of child
49ZA
1
An existing award of working families' tax credit shall cease to have effect if the claimant or partner elects, by notice to the Board, to surrender it following the birth of a child, the adoption of a child or young person or the granting of a parental order for a surrogate child.
2
The award shall terminate with effect from —
a
the day on which the notice is given to the Board, if that day is a Monday, or
b
the Monday following the day on which the notice is given to the Board, if that day is other than a Monday.
.
Amendment to the Tax Credits (Payment by Employers) Regulations 1999
19
1
Amend the Tax Credits (Payment by Employers) Regulations 1999 as follows.
2
Renumber regulation 2 as paragraph (1) of that regulation.
3
After paragraph (1) of regulation 2 (as so renumbered) add the following paragraphs —
2
References in these Regulations to entitlement to tax credit or to an award of tax credit do not include either of the following cases.
3
The first case is where —
a
the entitlement arises from, or the award is made in consequence of, a claim made following and by reason of the birth of a child to the claimant or the adoption by the claimant of a child or young person or the granting of a parental order for a surrogate child, and
b
the previous award of tax credit was terminated by virtue of —
i
regulation 54A of the Disability Working Allowance (General) Regulations 1991 or regulation 54A of the Disability Working Allowance (General) Regulations (Northern Ireland) 1992 , or
ii
regulation 49ZA of the Family Credit (General) Regulations 1987 or regulation 49ZA of the Family Credit (General) Regulations (Northern Ireland) 1987 .
4
The second case is where the claimant is entitled at the date of the claim to statutory maternity pay within the meaning of Part XII of the Social Security Contributions and Benefits Act 1992 or maternity allowance within the meaning of section 35 of that Act.
5
In paragraph (3)(a) “surrogate child” means a child in respect of whom an order has been made under section 30 of the Human Fertilisation and Embryology Act 1990.
.
Amendment to the Social Security (Claims and Payments) Regulations 1987
20
1
Amend the Social Security (Claims and Payments) Regulations 1987 as follows.
2
In regulation 6(1C) add the following words after sub-paragraph (b) of that paragraph —
unless the previous award of working families' tax credit or disabled person’s tax credit was terminated by virtue of regulation 49ZA of the Family Credit (General) Regulations 1987 or regulation 54A of the Disability Working Allowance (General) Regulations 1991.
.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2001
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
9th March 2001


text:
1
1
This Order may be cited as the A15 Norman Cross to Grimsby Trunk Road (Tillbridge Lane Junction Improvement) Order 2001 and shall come into force on 21st June 2001.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date when this order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/269, marked “The A15 Norman Cross to Grimsby Trunk Road (Tillbridge Lane Junction Improvement) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at Department of Environment, Transport and the Regions, Room F13 Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex TN37 7GA.
Signed by Authority of the Secretary of Statefor the Environment, Transport and the Regions
Nick Carter
Divisional Director, Highways Agency
11th June 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 5) Order 2001.
2
In this Order —
“ the Act ” means the Health and Social Care Act 2001.
3
Article 2(1) and article 3 of this Order extend to England, Wales and Scotland .
4
Article 2(2) of this Order extends to England only.
Appointed days in respect of section 50 of the Act
2
1
8th April 2002 is the appointed day for the coming into force of subsection (1) of section 50 of the Act.
2
20th December 2001 is the appointed day for the coming into force of —
a
subsections (2) to (7) and (10) of section 50 of the Act, and
b
subsection (8) of section 50 of the Act in so far as that subsection has not already been brought into force.
Appointed day in respect of sections 51 and 52 of the Act
3
8th November 2001 is the appointed day for the coming into force of sections 51 and 52 of the Act.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
7th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Maidstone (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 6 and 7 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after the day on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 4 and 5 shall come into force —
a
for the purpose of proceeding preliminary or relating to the election of parish councillors for the parishes of Boughton Monchelsea and Boxley to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
4
In this Order —
“borough” means the borough of Maidstone;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the Borough of Maidstone (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Maidstone
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes, or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Maidstone
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Boughton Monchelsea
4
1
The existing wards of the parish of Boughton Monchelsea shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Boxley
5
1
The existing wards of the parish of Boxley shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Boxley North, Boxley South, Boxley South East and Boxley Woodlands; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Boxley South East and Boxley Woodlands parish wards shall be one, for the Boxley North parish ward shall be six, and for the Boxley South parish ward shall be seven.
Parish Elections
6
1
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2000 for the parish of Detling shall be three years.
2
The ordinary elections of parish councillors for the parishes of Sutton Valence and Thurnham in 2002 shall not take place; and any such parish councillor holding office immediately before 2nd May 2002 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2003.
3
Elections of all parish councillors for the parishes of East Sutton shall be held simultaneously on the ordinary day of election for councillors in 2002, and every fourth year after 2002.
4
The ordinary elections of parish councillors for the parish of Hollingbourne in 2003 shall not take place; and any such parish councillor holding office immediately before 3rd May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
5
Elections of all parish councillors for the parishes of Detling, Sutton Valence and Thurnham shall be held simultaneously on the ordinary day of election for councillors in 2003, and every fourth year after 2003.
6
Elections of all parish councillors for the parishes of Barming, Boughton Malherbe, Boughton Monchelsea, Boxley, Bredhurst, Chart Sutton, Coxheath, East Farleigh, Headcorn, Hollingbourne, Hunton, Linton, Marden, Stockbury, Teston, Ulcombe and West Farleigh shall be held simultaneously on the ordinary day of election for councillors in 2004, and every fourth year after 2004.
7
The term of office of parish councillors elected in accordance with any of paragraphs (3), (5) and (6) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the years of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
8
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 3rd May 2003 in the office of a parish councillor for the parishes of Sutton Valence and Thurnham as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 3rd May 2003.
9
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2004 in the office of a parish councillor for the parish of Hollingbourne to the day on which that councillor would regularly have retired were a reference to 8th May 2004.
Revocation
7
The Borough of Maidstone (Electoral Arrangements Order) 1976 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions.
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
1st November 2001


text:
Title, commencement and extent
1
1
This order may be cited as the Prohibition of Fishing with Multiple Trawls Order 2001 and shall come into force on 2nd April 2001.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) above shall be treated as prejudicing the effect in Scotland of section 14 of the Act in relation to, or for purposes incidental to, any provision of this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Act” means the Sea Fish (Conservation) Act 1967;
“the Council Regulation ” means Council Regulation ( EC ) No. 850/98 of 30 March 1998 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms as corrected by Corrigendum to Annex XII of the Council Regulation and amended by Council Regulation (EC) No. 308/1999 , Council Regulation (EC) No. 1459/1999 , Council Regulation (EC) No. 2723/1999 , Council Regulation (EC) No. 812/2000 and Council Regulation (EC) No. 1298/2000 ;
“the Fladen area ” means the waters of the Scottish zone bounded by a line beginning from a point on the north coast of Scotland at 04° 00' west longitude; thence due north to a point on the outer limit of the Scottish zone; thence in a north easterly direction along that outer limit to 62° 30' north latitude; thence due east to a point on the outer limit of the Scottish zone; thence in a south easterly direction along that outer limit to 57° 30' north latitude; thence due west to a point on the east coast of Scotland; and thence in a northerly and westerly direction following that coast to the point of beginning;
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“ equivalent Order ” means an Order extending to Scotland or having effect in relation to Wales, made under section 5 of the Act pursuant to Article 46 of the Council Regulation which prohibits fishing by any trawl other than a single trawl;
“ ICES ” followed by a roman numeral with or without a letter shall be construed as a reference to whichever of the statistical sub-areas and divisions of the International Council for the Exploration of the Sea described in the Schedule to this Order is identified therein by the roman numeral or that roman numeral and letter as the case may be;
“net” means a trawl, Danish Seine or similar towed net; and
“single trawl” means a single net towed by a two warp rig in which the net has a single bosom groundrope (the bosom being the central portion of the trawl between the lower wings), where the groundrope is attached to the towing rig at each wing-end only and does not have any further attachment, including bridles, wires or ropes, connecting it to the said towing rig;
any other expression used in the Council Regulation has the same meaning in this Order as in that Regulation.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the territorial sea adjacent to Wales;
ii
the territorial sea adjacent to the Isle of Man;
iii
the territorial sea adjacent to the Bailiwick of Jersey; and
iv
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales.
Prohibition of method of fishing
3
1
Subject to paragraph (2) below, fishing —
a
by any relevant British fishing boat wherever it may be; or
b
by any Scottish fishing boat within relevant British fishery limits,
with any trawl other than a single trawl is prohibited.
2
Paragraph (1) above shall not apply —
a
to any beam trawler;
b
to fishing with a trawl having a mesh size of not less than 80 millimetres —
i
in the Fladen area;
ii
in ICES VI (Rockall and West of Scotland) south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude;
iii
in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel); or
iv
in ICES IV (North Sea) south of a line drawn eastwards from the east coast of England at 53° north latitude;
c
to fishing with any trawl having a mesh size of 100 millimetres or more.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of this Order or any equivalent Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any Scottish fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appear to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5(1) or (6) of the Act as read with this Order or any equivalent Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may take copies of and seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for this offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order has at any time taken place within British fishery limits, the officer may —
a
require the master of the boat in relation to which the contravention took place to take, or the officer may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
5
1
The Norway Lobsters (Prohibition of Method Fishing) Order 1993 is hereby revoked, except in so far as:
a
it forms part of the law of Scotland; or
b
it has effect in relation to Wales.
2
In paragraph (1) above, “Wales” has the same meaning as in section 155(1) of the Government of Wales Act 1998 .
Elliot Morley
Parliamentary Secretary Ministry of Agriculture, Fisheries and Food
28th February 2001
Dr John Reid
Secretary of State for Northern Ireland
28th February 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Second General System) (Amendment) Regulations 2001 and shall come into force on 27th February 2001.
2
In these Regulations “the principal Regulations ” means the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 1996 .
Amendment of principal Regulations
2
1
The principal Regulations shall be further amended in accordance with paragraphs (2) to (5) below.
2
In Part I of Schedule 1 at the end there shall be inserted the following —
96/26/ EC Council Directive of 29th April 1996 on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualifications intended to facilitate for these operators the right to freedom of establishment in national and international transport operations. O.J. No. L124, 23.5.1996, p. 1.
3
The provisions of Parts I and II of Schedule 1 shall be substituted for Parts I and II, respectively, of Schedule 2 to the principal Regulations.
4
The provisions of Schedule 2 shall be substituted for that part of section 1 (paramedical and childcare training courses) of Part I of Schedule 5 to the principal Regulations which specifies such courses in Austria.
5
The provisions of Schedule 3 shall be substituted for Part II of Schedule 5 to the principal Regulations.
Tessa Blackstone
Minister of State,
Department for Education and Employment
24th January 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Treatment Agency Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1997;
“ the Agency ” means the National Treatment Agency established by the Order ;
“the chairman” means the chairman of the Agency;
“health service body” shall be construed in accordance with section 4 of the National Health Service and Community Care Act 1990 ;
“member” means a member of the Agency other than the chairman;
“the Order” means the National Treatment Agency (Establishment and Constitution) Order 2001 .
3
In these Regulations, unless the context othewise requires, any reference to a numbered regulation is a reference to the regulation bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
4
These Regulations extend to England only.
Tenure of office of chairman and non-officer members
2
1
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and any non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
2
Subject to Regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has within the preceding five years been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine;
b
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a chairman or vice-chairman of a Health Authority or of another Special Health Authority or he is a chairman or vice-chairman of an NHS Trust or a chairman of a Primary Care Trust.
e
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or condusive to the good management, of the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more,
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest; or
f
he has had his name removed, by a direction under section 46 of the Act, from any list prepared under Part II of the Act, and has not subsequently had his name included in such a list or he is suspended as respects the provision of Part II services by a direction made pursuant to section 49A(2) or 49B(1) of the Act (or has had his name removed or is suspended under any corresponding provision having effect in Scotland, Wales or Northern Ireland).
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c) a person shall not be treated as having been in paid employment by reason only of his having been the cahirman or a member or director of a health service body.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his havng made a composition or arrangement with his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(e), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specified when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend any meeting of the Agency for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause, and
b
the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of this appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect.
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of their number to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the Agency may, and, if so directed by him shall, appoint committees of the Agency consisting wholly or partly of members of the Agency or wholly of persons who are not members of the Agency.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the Agency, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Agency or wholly of persons who are not members of the Agency or the committee.
3
Regulations 3 and 4 apply to the appointment of members of comittees and sub-committees appointed under this regulation as they apply to the appointment of members of the Agency.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the Agency may make arrangements for the exercise, on behalf of the Agency, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Agency in each case subject to such restrictions and conditions as the Agency thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Agency shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the Agency shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such Directions as may be given by the Secretary of State, the Agency may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Agency; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Agency at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract or other matters or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the diability should be removed.
3
The Agency may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Agency while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration;
and in the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Agency and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Agency) as it applies to a member of the Agency.
9
In this regulation —
“public body” includes
any body established for the purpose of carrying on under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society.
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Agency
11
The Agency shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Signed by authority of the Secretary of State for Health
Parliamentary Under-Secretary of State,
Department of Health