text:
Title, commencement and extent
1
1
These Regulations may be cited as the Rural Development Grants (Local Communities) Regulations 2001 and shall come into force on 1st January 2002.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“applicant” means a person who has made an application;
“application” means an application made pursuant to regulation 4;
“approved operation” means an operation which has been approved by the Secretary of State and “approve” and “approval” are to be construed accordingly;
“authorised person” means a person who is authorised by the Secretary of State, either generally or specifically, to act in matters arising under these Regulations, and includes any official of the Commission who accompanies such an authorised person;
“beneficiary” means a person who has been granted approval for an operation;
“the Commission” means the Commission of the European Communities;
“Community assistance” means assistance from the Guidance Section of the European Agricultural Guidance and Guarantee Fund granted pursuant to the Community legislation;
“the Community legislation” means the instruments listed in the Schedule to these Regulations;
“Council Regulation 1260/1999/ EC ” means Council Regulation (EC) No. 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds ;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“the England LEADER + Programme” means the Programme approved by the Commission in the Decision referred to in paragraph 7 of the Schedule to these Regulations;
“financial assistance” means an amount paid or payable under these Regulations; and
“operation” means an investment, plan, project or action which is the subject of an application.
2
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is subsequently capable of being reproduced.
Assistance for rural development
3
The Secretary of State may pay financial assistance to a beneficiary towards expenditure incurred or to be incurred by him in connection with an approved operation.
Applications for approval of operations
4
An application for the approval of an operation shall be made in such form and contain such information as the Secretary of State reasonably may require.
Approval of operations
5
1
The Secretary of State may —
a
refuse to approve an operation for the receipt of financial assistance; or
b
approve it in whole or in part, unconditionally or subject to such conditions as she may determine,
but she shall not approve it unless she is satisfied that —
i
it is in accordance with the England LEADER+ Programme; and
ii
it is eligible for Community assistance.
2
The Secretary of State may vary an approval by varying any condition to which it is subject, or imposing conditions.
3
Before varying an approval under paragraph (2), the Secretary of State shall —
a
give the beneficiary notice in writing that she proposes to do so with a statement of her reasons;
b
give the beneficiary an opportunity to make written representations within such time as the Secretary of State considers reasonable; and
c
consider any such representations.
4
An approval or variation under this regulation shall be in writing.
Claims
6
A claim for financial assistance shall be made at such time or within such period and in such form and be accompanied by such information as the Secretary of State reasonably may require.
Payment
7
1
The Secretary of State may pay financial assistance by payment of a single lump sum or by instalments.
2
Payments under paragraph (1) may be made —
a
at such time or times as the Secretary of State reasonably may determine; and
b
subject to such conditions as the Secretary of State reasonably may determine.
Information
8
1
A beneficiary shall supply the Secretary of State with such information about an approved operation as the Secretary of State reasonably may require.
2
Where the Secretary of State requires such information, the beneficiary shall supply her with it within such period as the Secretary of State reasonably may determine.
Powers of authorised persons
9
1
An authorised person may at all reasonable times, on producing, if so required, some duly authorised document showing his authority, enter on any land (other than land used solely for the purpose of a dwelling-house) —
a
to which an application or approved operation relates; or
b
on which he has reasonable grounds to believe that documents relating to an application or approved operation are being kept,
for any of the purposes specified in paragraph (2).
2
The purposes referred to in paragraph (1) are —
a
inspecting the land to which the application or approved operation relates;
b
verifying the accuracy of any information provided by an applicant or beneficiary relating to an application or approved operation; and
c
determining whether or not a beneficiary has complied with the conditions of an approval.
3
An authorised person who has entered any land under paragraph (1) may —
a
inspect the land and any document, record or equipment on it which he reasonably believes relates to an application or approved operation;
b
require the applicant or beneficiary or any employee, servant or agent of such applicant or beneficiary, to produce, or secure the production of, any document or supply any additional information in his possession or under his control relating to the application or approved operation, as the case may be;
c
where any document or other record relating to the application or approved operation is kept by means of a computer, have access to any computer and any associated apparatus or material which is or has been used in connection with that document or record;
d
require copies of or extracts from any such document or other record to be produced; and
e
seize and retain any document or other record which he reasonably believes may be required as evidence in proceedings under these Regulations, and if it is recorded otherwise than in a form in which it is legible or can be taken away, require it to be produced in a form in which it is legible or in which it can be taken away.
4
An applicant or beneficiary or any employee, servant or agent of such applicant or beneficiary shall give an authorised person all reasonable assistance in relation to the matters specified in paragraphs (1) to (3).
5
An authorised person entering any land under paragraph (1) may take with him such other persons as he considers necessary and paragraphs (3) and (4) apply to such persons when acting under the instructions of an authorised person as if they were authorised persons.
Record keeping
10
1
A beneficiary shall keep any invoice, account or other document relating to an approved operation for the period of six years beginning with the day on which the last payment of financial assistance under these Regulations is made to him in connection with that operation, subject to paragraphs (2) and (3).
2
If the beneficiary transfers the original of any such document to another person in the normal course of business, he shall instead keep a copy of that document for that period.
3
Paragraph (1) does not apply if the document has been removed by an authorised person under regulation 9(3)(e).
Breaches of obligations
11
1
Where —
a
any information furnished to the Secretary of State by the beneficiary is false or misleading;
b
the beneficiary breaches any of the conditions of an approval;
c
the beneficiary breaches any requirement to which he is subject under these Regulations or the Community legislation; or
d
subject to paragraph (2), the whole or part of the payment of financial assistance in connection with an approved operation would duplicate assistance provided or to be provided out of monies made available by —
i
the European Communities;
ii
Parliament; or
iii
a body exercising public functions within the United Kingdom,
the Secretary of State may exercise any of the powers specified in regulation 13(1).
2
For the purposes of paragraph (1)(d), a payment duplicates such assistance if it would be paid for the whole or such part of an approved operation, in respect of which that assistance had already been paid.
Other cases in which recovery etc. powers apply
12
The Secretary of State may exercise any of the powers specified in regulation 13(1) where —
a
there has been a material change in the nature, scale, costs or timing of the approved operation; or
b
the approved operation has been or is being delayed, or is unlikely to be completed.
Secretary of State’s powers of recovery
13
1
The powers conferred on the Secretary of State by regulations 11(1) and 12 are —
a
to withhold the whole or any part of the financial assistance payable to the beneficiary; and
b
to recover on demand the whole or any part of any amount of financial assistance already paid to the beneficiary.
2
Where all the circumstances in which the powers conferred by regulation 11(1) and specified in paragraph (1) have become exercisable are such as were intended by the beneficiary or as to which the beneficiary was reckless, the Secretary of State may also require the beneficiary to pay to the Secretary of State an additional sum equal to no more than 10 per cent of the financial assistance paid or payable to the beneficiary.
3
Where the Secretary of State takes any steps specified in paragraph (1), she may also suspend or terminate the approval of the operation, and thereupon any entitlement of the beneficiary to payment of financial assistance in respect of the unexpired period of the approval shall likewise be suspended or terminated, as the case may be.
4
The powers conferred on the Secretary of State by paragraphs (2) and (3) shall be exercisable by a notice served on the beneficiary by post at his last known address.
5
Before taking any step specified in paragraph (1), (2) or (3), the Secretary of State shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of making written representations within such time as the Secretary of State considers reasonable; and
c
consider any such representations.
Recovery of interest
14
1
If the Secretary of State decides to recover any amount under regulation 11 or 12, she may also recover on demand interest on that amount for the period beginning with the day following that on which the amount was paid and ending on the day on which she recovers it.
2
The rate at which the interest is payable for any day in that period is one percentage point above LIBOR .
3
For the purposes of paragraph (2) “LIBOR” means the sterling three month London interbank offered rate in force on the day in question, and in any proceedings relating to the recovery of such interest a certificate of the Secretary of State stating the LIBOR applicable for any day is conclusive evidence of the rate applicable for that day if the certificate also states that the Bank of England notified the Secretary of State of that rate.
Recovery of payments
15
In any case where an amount falls to be paid to the Secretary of State by virtue of (or by virtue of action taken under) these Regulations, the amount so falling to be paid shall be recoverable as a debt.
Offences and penalties
16
1
A person is guilty of an offence if —
a
for the purposes of obtaining financial assistance for himself or any other person he knowingly or recklessly makes a statement which is false or misleading in a material particular; or
b
he intentionally obstructs an authorised person (or a person accompanying him and acting under his instructions) in the exercise of his powers under regulation 9.
2
Any person who is guilty of an offence under this regulation is liable —
a
in the case of an offence under paragraph (1)(a) —
i
on indictment, to a fine; or
ii
on summary conviction, to a fine not exceeding the statutory maximum;
and
b
in the case of an offence under paragraph (1)(b), to a fine not exceeding level 3 on the standard scale.
3
Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of that body or any person who was purporting to act in such a capacity, he also is guilty of the offence and liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (3) applies to acts and defaults of a member in connection with his management functions as if he was a director.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
6th December 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (Teacher Training Hardship Grants) (England) (No.2) Regulations 2001 and shall come into force 1st September 2001.
2
These Regulations shall only apply in relation to England.
3
In these Regulations:
“the Agency” means the Teacher Training Agency ;
“governing body” in relation to an institution conducted by a company, shall be construed in accordance with any order under section 4(3) of the Education Act 1994; and
“institution” means an eligible institution within the meaning of section 4(2) of the Education Act 1994.
Provision of grant
2
1
The Agency may pay grants to the governing bodies of institutions providing initial teacher training to facilitate and encourage the training of a person as a teacher in accordance with the following provisions of these Regulations.
2
Grant may only be paid in respect of expenditure approved by the Agency and incurred by the governing body of an institution in relieving financial hardship suffered by students undertaking, or proposing to undertake, courses of initial teacher training at the institution.
3
For the purposes of paragraph (2) a student suffers financial hardship if he is in such serious financial difficulties that his access to a course or his continued attendance on a course may be at risk.
Conditions
3
The making of a payment shall be dependent on the fulfilment of such conditions as may be determined by the Agency.
Repayment
4
Where in the opinion of the Agency any information or assumption on the basis of which grant has been paid is incorrect, the governing body to whom the grant was paid shall at the request of the Agency repay such sums not exceeding the total grant as the Agency may request.
5
The Education (Teacher Training Hardship Grants) (England) Regulations 2001 are revoked.
Stephen Timms
Minister of State,
Department for Education and Skills
19th July 2001


text:
1
This Order may be cited as the A423 Trunk Road (Ryton-on-Dunsmore Roundabout to the A361 Southam Road/A422 Hennef Way Roundabout) (Detrunking) Order 2001 and shall come into force on 3rd May 2001.
2
In this Order —
i
“the plan”
means the plan folio numbered HA10/PS/267, consisting of sheets 1 and 2 and marked “The A423 Trunk Road (Ryton-on-Dunsmore Roundabout to the A361 Southam Road/A422 Hennef Way Roundabout) (Detrunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at DETR Records Management Branch, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purposes of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A423 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
R. Bannon
A Divisional Director Highways Agency
3rd April 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2001 and shall come into force on 1st December 2001.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.
Amendment of the Regulations
2
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 —
a
for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £1,992 there shall be substituted the amount £2,068;
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £4,121 (in both places) there shall be substituted the amount £4,278.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
30th October 2001


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2001 and shall come into force on 12th March 2001.
Amendment of Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2000
2
1
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2000 shall be amended as follows.
2
In regulation 2, after the definition of “Ecopoints”, the following definitions shall be inserted:
“empty permit” means a permit to travel on Swiss territory granted for goods vehicles that are empty or are transporting light loads;
“full-weight permit” means a permit to travel on Swiss territory granted for goods vehicles the actual total laden weight of which is more than 34 tonnes but not more than 40 tonnes;
.
3
At the end of regulation 2, the following definition shall be inserted:
“Swiss permit” means a full-weight or empty permit issued pursuant to European Parliament and Council Regulation ( EC ) No. 2888/2000 on the distribution of permits for heavy goods vehicles travelling in Switzerland.
.
4
In regulation 3, after paragraph (4), the following paragraph shall be inserted:
4A
The fee payable on the issue of a Swiss permit shall be £4.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
5th February 2001
We consent to the making of these Regulations
Clive Betts
Greg Pope
Two of the Commissioners of Her Majesty’s Treasury
6th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Electronic Communications) (Incentives) Regulations 2001 and come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“ the Commissioners ” means the Commissioners of Customs and Excise;
“electronic return system” has the meaning given in regulation 25(4B) of the VAT Regulations ;
“incentive payment” has the meaning given in regulation 3 below;
“prescribed accounting period” has the meaning given in regulation 2(1) of the VAT Regulations;
“relevant return” means the return referred to in regulation 3(1)(a) below;
“taxable person” has the meaning given in section 3(1) of the Value Added Tax Act 1994 ;
“VAT Regulations” means the Value Added Tax Regulations 1995 .
Incentive for making a VAT return by way of an electronic return system
3
1
The Commissioners shall give an incentive in the form of a payment of £50 to any taxable person who —
a
makes a return by way of an electronic return system on or after 1st April 2001;
b
has not previously made such a return on or after that date; and
c
satisfies the conditions specified in any direction given by the Commissioners under paragraph (2) below.
Such a payment shall be called an “incentive payment”.
2
The Commissioners may give a direction specifying any or all of the following conditions —
a
that the relevant return is made in compliance with any time limits specified by or under the VAT Regulations;
b
that the relevant return is made for a prescribed accounting period that is specified in the direction;
c
that the amount of value added tax that is payable in respect of the period to which the relevant return relates is paid —
i
by a means of electronic payment that is specified in the direction; and
ii
in compliance with any time limits specified by or under the VAT Regulations;
d
that the value of supplies made by the taxable person in the period of 12 months ending on the last day of the prescribed accounting period to which the relevant return relates does not exceed such sum as may be specified.
Withdrawal of an incentive payment and recovery
4
1
Where it appears to the Commissioners that a person has failed to satisfy one or more of the conditions specified in a direction given under regulation 3(2) above, they may give notice in writing to that person withdrawing the incentive payment and, where a payment has already been made, may assess the amount so paid and notify it to him.
2
The Commissioners may notify an assessment under paragraph (1) above at the same time as they give notice withdrawing the incentive payment.
3
Subsections (2) to (4) and (8) of section 78A of the Value Added Tax Act 1994 (assessment for interest overpayments) apply in the case of an assessment under paragraph (1) above as they apply in the case of an assessment under section 78A(1) of that Act.
Appeals
5
An appeal shall lie to a VAT and duties tribunal with respect to —
a
an assessment under regulation 4(1) above, or the amount of such an assessment; and
b
a decision that the conditions of entitlement to an incentive payment are not met.
Directions
6
Any direction given by the Commissioners under regulation 3(2) above shall be contained in a notice published by them.
M. J. Eland
Commissioner of Customs and Excise
New King’s Beam House
Upper Ground
London SE1 9PJ
7th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Oxford (Electoral Changes) Order 2001.
2
This article and articles 2, 3 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 that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
Articles 4, 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to elections of parish councillors for the parishes of Blackbird Leys, Littlemore, and Risinghurst and Sandhills, on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
4
In this Order —
“city” means the city of Oxford;
“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 City of Oxford (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 City of Oxford
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-four wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be 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 Oxford
3
1
Subject to the following provisions of this article, the election of councillors for wards of the city shall be by thirds.
2
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the city immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the 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 Blackbird Leys
4
1
The parish of Blackbird Leys shall be divided into two parish wards which shall bear the names Blackbird Leys and Greater Leys; the parish ward of Blackbird Leys shall be coterminous with the city ward of the same name, and the Greater Leys parish ward shall consist of the rest of the parish.
2
The number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Littlemore
5
1
The parish of Littlemore shall be divided into three parish wards which shall bear the names Littlemore, Rose Hill and Sandy Lane West; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the Littlemore parish ward shall be fifteen, for the Rose Hill parish ward shall be five, and for the Sandy Lane West parish ward shall be one.
Wards of the parish of Risinghurst and Sandhills
6
The parish of Risinghurst and Sandhills 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 city 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.
Revocation
7
The City of Oxford (Electoral Arrangements) Order 1977 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
20th December 2001


text:
Citation and commencement
1
This Order may be cited as the Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2001 and shall come into force on the day after the day on which it is made.
Proscribed organisations
2
The following organisations are hereby added to Schedule 2 to the Terrorism Act 2000.
Al-Qa'ida
Egyptian Islamic Jihad
Al-Gama'at al-Islamiya
Armed Islamic Group (Groupe Islamique Armée) ( GIA )
Salafist Group for Call and Combat (Groupe Salafiste pour la Prédication et le Combat) ( GSPC )
Babbar Khalsa
International Sikh Youth Federation
Harakat Mujahideen
Jaish e Mohammed
Lashkar e Tayyaba
Liberation Tigers of Tamil Eelam ( LTTE )
Hizballah External Security Organisation
Hamas-Izz al-Din al-Qassem Brigades
Palestinian Islamic Jihad — Shaqaqi
Abu Nidal Organisation
Islamic Army of Aden
Mujaheddin e Khalq
Kurdistan Workers' Party (Partiya Karkeren Kurdistan) ( PKK )
Revolutionary Peoples' Liberation Party — Front (Devrimci Halk Kurtulus Partisi-Cephesi) ( DHKP-C )
Basque Homeland and Liberty (Euskadi ta Askatasuna) ( ETA )
17 November Revolutionary Organisation ( N17 )
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
28th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Personal Equity Plan (Amendment) Regulations 2001 and shall come into force on 6th April 2001.
Interpretation
2
In these Regulations “the principal Regulations ” means the Personal Equity Plan Regulations 1989 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Regulation 2 shall be amended as follows.
2
In paragraph (1)(a) —
a
in the definition of “approved profit sharing scheme” and “approved share option scheme” for the words from “and” to “have” there shall be substituted the word “has”;
b
for the definitions of “building society” and “company” there shall be substituted the following definitions —
“building society” means a building society within the meaning of the Building Societies Act 1986 , or the Irish Building Societies Act 1989 ;
“company”, except in regulation 6(4), means any body corporate having a share capital other than —
an open-ended investment company, within the meaning given by section 75(8) of the Financial Services Act 1986 ,
a UCITS ,
an industrial and provident society, or
a body corporate which is a 51 per cent. subsidiary of any industrial and provident society;
c
the definitions of “general plan”, “ordinary share”, “portfolio”, “single company plan” and “venture capital trust” shall be omitted;
d
in the definition of “investment trust” there shall be added at the end the words “, and references to the “eligible rental income” of an investment trust have the same meaning as in that section”;
e
for the definition of “plan investment” there shall be substituted the following definition —
a “plan investment” is an investment under the plan which is a qualifying investment for plans within the meaning of regulation 6;
;
f
in the definition of “security” before the word “means” there shall be inserted the words “, except in regulations 6(2)(c) to (e) and 27(3),”;
g
there shall be inserted in the appropriate places the following definitions —
“the former regulation 4(2A)” and “the former regulation 4A(2)” mean, respectively, the former provisions of these Regulations bearing those numbers, as they had effect immediately before the coming into force of the Personal Equity Plan (Amendment) Regulations 2001;
“gilt-edged securities” has the meaning given by paragraphs 1 and 1A of Schedule 9 to the Taxation of Chargeable Gains Act 1992;
an “industrial and provident society” means a society registered or deemed to be registered under the Industrial and Provident Societies Act 1965 or under the Industrial and Provident Societies (Northern Ireland) Act 1969 ;
“qualifying distribution” has the same meaning as in section 832(1) of the Taxes Act;
.
3
In paragraph (1)(b) —
a
in the definition of “depositary interest” for the words from “which — ” to “5(6)(b)” there shall be substituted the words “which are exclusively qualifying investments for plans falling within any of regulation 6(2)(a) to (j) and (l)”;
b
in the definition of “fund of funds” for the words from “do not” to the end there shall be substituted the words “comply with the first condition or the second condition”;
c
there shall be inserted in the appropriate places the following definitions —
“the first condition”, and references to the terms of a scheme complying with that condition, mean that the terms of the scheme do not permit any of the investments subject to the trusts of the scheme to consist of units in authorised unit trusts or parts of umbrella schemes which are not securities funds or warrant funds, or of shares in open-ended investment companies or parts of umbrella companies which are not securities companies or warrant companies;
“the second condition”, and references to the terms of a scheme complying with that condition, mean that the terms of the scheme only permit any of the investments subject to the trusts of the scheme to consist of units or shares in —
a collective investment scheme which is a “recognised scheme” by virtue of section 87 or 88 of the Financial Services Act 1986, or
a part of a scheme mentioned in paragraph (i) which would be a part of an umbrella company, or a part of an umbrella scheme, if the definitions of “umbrella company”, “umbrella scheme” and a part thereof in either case applied to a scheme mentioned in paragraph (i),
where the terms of the scheme mentioned in paragraph (i) identify that scheme, or the part thereof, as the case may be, as a scheme or part that would belong to one of the categories of securities fund, warrant fund, securities company or warrant company, if that scheme or part, as the case may be, were independently an authorised unit trust or an open-ended investment company in respect of which an authorisation order made by the Financial Services Authority was in force;
a “relevant UCITS” means —
a UCITS, situated in a member state other than the United Kingdom, which has been authorised by the competent authorities of the member state in which it is situated, and which is a “recognised scheme” by virtue of section 86 of the Financial Services Act 1986, and
a part of a UCITS mentioned in paragraph (i), which would be a part of an umbrella company, or a part of an umbrella scheme, if the definitions of “umbrella company”, “umbrella scheme” and a part thereof in either case applied to a relevant UCITS,
where the terms of the UCITS mentioned in paragraph (i) identify that UCITS, or the part thereof, as the case may be, as a scheme or part that would belong to one of the categories of securities fund, warrant fund, securities company or warrant company, if that UCITS or part, as the case may be, were independently an authorised unit trust or an open-ended investment company in respect of which an authorisation order made by the Financial Services Authority was in force;
“UCITS” means undertakings for collective investment in transferable securities within the meaning of Article 1 of Council Directive 85/611 , and references to —
“the member state in which a UCITS is situated”, and
a UCITS which has been “authorised by the competent authorities of the member state in which it is situated”,
shall have the same meanings as in Articles 3 and 4 respectively of that Directive;
“units in, or shares of, a relevant UCITS” means the rights or interests (however described) of the holders of the units or shares in that relevant UCITS;
“warrant company” means —
an open-ended investment company which according to its instrument of incorporation is a warrant company belonging to the category under that name established by the Financial Services Authority and in respect of which an authorisation order made by that Authority is in force, and
a part of an umbrella company which according to the instrument of incorporation of the company is a part which would belong to that category if it were itself an open-ended investment company, in respect of which an authorisation order made by the Financial Services Authority is in force;
“warrant fund” means —
an authorised unit trust which according to the terms of the scheme is a warrant fund belonging to the category under that name established by the Financial Services Authority, and
a part of an umbrella scheme which the terms of the scheme identify as a part that would belong to that category if it were itself an authorised unit trust.
4
In paragraph (1)(c) in the definition of “open-ended investment company” before the word “has” there shall be inserted the words “except in sub-paragraph (a)”.
5
In paragraph (2) —
a
the following terms (with their indexed regulation numbers) shall be omitted —
Designated company
Other qualifying shares
Paired shares
Qualifying EC shares
Qualifying investments for single company plans
Subscription limit
;
b
for the term “Qualifying investments for general plans” (and its indexed regulation number) there shall be substituted —
Qualifying investments for plans 6(1)
;
c
in the term “qualifying securities” for the indexed regulation number “6(2)(ac)” there shall be substituted “6(2)(b)”.
4
1
Regulation 4 shall be amended as follows.
2
In paragraph (1) —
a
in the words preceding sub-paragraph (aa) for the word “conditions” there shall be substituted the word “condition”;
b
sub-paragraphs (aa), (a) and (c) shall, subject to regulation 14 of these Regulations, be omitted; and
c
in sub-paragraph (b) for the word “subscribes” there shall be substituted the word “subscribed”.
3
Paragraphs (2) to (4) shall be omitted.
4
In paragraph (6)(f) for the words from “an entire” to “to it” there shall be substituted —
a plan, with all rights and obligations of the parties to it, or
such parts thereof as may be agreed between the plan investor and the plan manager,
.
5
Regulation 4A shall be omitted.
6
1
Regulation 5 shall be amended as follows.
2
For paragraph (1) there shall be substituted the following paragraphs —
5
1
All transactions by way of purchase by a plan manager of investments under a plan shall be made —
a
in the case of units in authorised unit trusts and parts of umbrella schemes, at the price for issue of units, within the meaning, and complying with the requirements, of regulation 4.16 of the Financial Services (Regulated Schemes) Regulations 1991 ;
b
in the case of shares in an open-ended investment company, at the price of a share within the meaning of regulation 4.08 of the Financial Services (Open-Ended Investment Companies) Regulations 1997 ; and
c
in the case of all other plan investments, at the price for which those investments might reasonably be expected to be purchased in the open market.
1A
All other transactions by way of sale or otherwise by a plan manager in investments under a plan shall be made at the price for which those investments might reasonably be expected to be sold or otherwise transacted, as the case may be, in the open market.
3
In paragraph (3) the words from “general” to “company” shall be omitted.
4
For paragraphs (4) to (6) there shall be substituted the following paragraph —
4
Cash by way of dividends, interest, distributions, and other rights or proceeds in respect of plan investments may be invested only in qualifying investments for plans, or by way of cash deposit in accordance with paragraphs (3) and (3A).
7
For regulations 6 to 6B there shall be substituted the following regulation —
Qualifying investments
6
1
This regulation specifies the kind of investments (“qualifying investments for plans”) which may be purchased, made or held under a plan.
2
Qualifying investments for plans to which paragraph (1) refers are —
a
shares, not being shares in an investment trust, issued by a company wherever incorporated and, subject to paragraph (3), officially listed on a recognised stock exchange;
b
securities (“qualifying securities”) —
i
issued by a company wherever incorporated,
ii
which satisfy at least one of the conditions specified in paragraph (5) and the condition specified in paragraph (6), and
iii
in the case of securities of an investment trust, purchased or acquired by the plan manager in circumstances where the trust satisfies the conditions specified in paragraphs (7) and (8);
c
gilt-edged securities which satisfy the condition specified in paragraph (11);
d
any securities issued by or on behalf of a government of any EEA State, which satisfy the condition specified in paragraph (11);
e
any securities which —
i
in relation to a security mentioned in sub-paragraph (d), would be a strip of that security if “strip” had the same meaning as in section 47 of the Finance Act 1942 , with the omission of the words “issued under the National Loans Act 1968 ”, and
ii
satisfy the condition specified in paragraph (11);
f
shares in an investment trust, listed in the Official List of the Stock Exchange, in circumstances where the trust satisfies the conditions specified in paragraphs (7) and (8);
g
units in a securities fund or a warrant fund, or shares in a securities company or a warrant company, in circumstances where the fund or company satisfies the condition specified in paragraph (8);
h
units in, or shares of, a relevant UCITS, in circumstances where the UCITS satisfies the condition specified in paragraph (8);
j
units in a fund of funds, in circumstances where the fund satisfies the condition specified in paragraph (9);
k
a depositary interest;
l
shares which —
i
the qualifying individual exercised the right to acquire in accordance with the provisions of a savings-related share option scheme, or
ii
were appropriated to the qualifying individual in accordance with the provisions of an approved profit sharing scheme,
where the shares were transferred to the plan manager in the circumstances specified in the former regulation 4A(2) before 6th April 1999;
m
investments which —
i
were held under the plan on 5th April 2001 (without extending to further investments of a type which was so held),
ii
immediately before the Personal Equity Plan (Amendment) Regulations 2001 came into force on 6th April 2001, were permitted to be held under the plan by these Regulations, and which (under these Regulations as they had effect immediately before that date) would not subsequently have ceased to be permitted to be so held, and
iii
do not fall or, having fallen, have not ceased to fall, within any of the other sub-paragraphs of this paragraph;
n
cash deposited in accordance with regulation 5(3) and (3A) which a plan manager holds for the purpose of investment in investments which are qualifying investments for plans falling within any of sub-paragraphs (a) to (k).
3
An investment in shares fulfils the condition as to official listing in paragraph (2)(a) or (f) if —
a
in pursuance of a public offer, the plan manager applies for the allotment or allocation to him of shares in a company or trust which are due to be admitted to such listing within 30 days of the allocation or allotment, and which, when admitted to such listing, would be qualifying investments for plans, and
b
the shares are not allotted or allocated to the plan manager in the circumstances specified in paragraph (4).
4
The circumstances specified in this paragraph are where —
a
the allotment or allocation of the shares was connected with the allotment or allocation of —
i
shares in the company or trust of a different class, or
ii
rights to shares in the company or trust of a different class, or
iii
shares or rights to shares in another company or trust, or
iv
shares or rights to shares in an open-ended investment company or a part of an umbrella company, or
v
units or rights to units in an authorised unit trust or a part of an umbrella scheme, or
vi
securities or rights to securities of the company or trust, or of another company or trust,
to the plan manager, the plan investor or any other person; and
b
the terms on which the first-mentioned shares in this paragraph were offered were significantly more favourable to the plan manager or plan investor than they would have been if their allotment or allocation had not been connected as described in sub-paragraph (a).
5
The conditions specified in this paragraph are —
a
that the shares in the company issuing the securities are listed on the official list of a recognised stock exchange;
b
that the securities are so listed;
c
that the company issuing the securities is a 75 per cent. subsidiary of a company whose shares are so listed.
6
The condition specified in this paragraph is that, judged at the date when each of the securities is first held under the plan, the terms on which it was issued do not —
a
require the loan to be repaid or the security to be repurchased or redeemed, or
b
allow the holder to require the loan to be repaid or the security to be repurchased or redeemed except in circumstances which are neither certain nor likely to occur,
within the period of five years from that date.
7
The condition specified in this paragraph is that the investment trust has no eligible rental income, in its most recent accounting period to end before the date on which the shares in, or securities of, the investment trust first become investments under the plan, provided that the shares or securities shall cease to be qualifying investments for plans if the investment trust has any eligible rental income, in subsequent accounting periods, during which the shares or securities are held.
8
The condition specified in this paragraph is that not more than 50 per cent. in value of the investments of the trust, company or UCITS, or investments subject to the trusts of the scheme, as the case may be, are either —
a
securities which would not be qualifying securities, or
b
securities which would not fall within any of sub-paragraphs (c) to (e) of paragraph (2),
if paragraph (6), or paragraph (6) as it applies with the modifications in paragraph (11), as the case may be, required the terms on which they were issued to be judged at the date when they first became investments of the trust, company or UCITS or, as the case may be, investments subject to the trusts of the scheme.
9
The condition specified in this paragraph is that not more than 50 per cent. in value of the investments subject to the trusts of the scheme are —
a
units in securities funds or warrant funds, or
b
shares in securities companies or warrant companies, or
c
units in, or shares of, a relevant UCITS,
where the fund, company or UCITS does not satisfy the condition in paragraph (8).
10
In paragraph (4)(a), “company” means any body corporate having a share capital.
11
The condition specified in this paragraph is the condition specified in paragraph (6), omitting sub-paragraph (b) of that paragraph and the word “or” after sub-paragraph (a).
8
In regulation 7(2) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
who complied with this sub-paragraph (b) as it had effect immediately before the coming into force of the Personal Equity Plan (Amendment) Regulations 2001, and
.
9
In regulation 14 —
a
for the words “within a reasonable time” there shall be substituted the words “not less than 30 days”; and
b
there shall be added at the end the words “and the notice to the subscriber shall inform him of his rights to transfer the plan under regulation 16”.
10
In regulation 15 —
a
at the beginning there shall be inserted “(1)”;
b
in paragraph (1) so formed for the words from “forthwith” to “fact” there shall be substituted the words “within 30 days of the relevant event in sub-paragraphs (a) to (d), of that relevant event”; and
c
after paragraph (1) there shall be added the following paragraphs —
2
On giving the notice referred to in paragraph (1), the person shall also notify the plan investor of his right to transfer the plan under regulation 16, and the notice shall inform the plan investor of his rights under paragraph (3).
3
Where the plan investor —
a
receives a notice under paragraph (2), or regulation 14, and
b
within 30 days of the sending of the notice to him, transfers the plan to another plan manager pursuant to regulation 16,
the period between the transferor ceasing to act or qualify as a plan manager, and the transfer to the transferee, shall be ignored in determining whether the plan has at all times been managed by a plan manager.
11
1
Regulation 16 shall be amended as follows.
2
In paragraph (1)(a) after the word “plan” where it secondly appears there shall be inserted the words “, or the qualifying investments forming part of a plan,”.
3
After paragraph (1) there shall be inserted the following paragraph —
1A
Where part of a plan is transferred, the transferee shall thereafter be the plan manager in relation to the qualifying investments transferred, and all references in these Regulations to the plan manager shall, so far as relates to plan investments transferred, be thereafter taken to be references to the transferee.
4
In paragraph (2) for “60” there shall be substituted “30”.
5
In paragraph (3)(b) —
a
in the words preceding paragraph (i) after the word “plan” there shall be inserted the words “, or the part of the plan being transferred, as the case may be”;
b
paragraph (i) shall be omitted.
6
In paragraph (4)(b) the words “of the plan” shall be omitted.
12
In regulation 24A —
a
in paragraph (2) in the words preceding sub-paragraph (a) for the word “in” where it secondly appears there shall be substituted the words “at the end of”;
b
paragraph (2)(b)(ii) and (c) shall be omitted;
c
for paragraph (3)(a) there shall be substituted the following sub-paragraph —
a
the respective market values at the end of the year or the part of the year for which the return is made of plan investments held by him or a nominee for him on behalf of plan investors, under all the plans in respect of which he acted as plan manager in that year or part, with separate values for —
i
shares, not being shares in an investment trust or in a UCITS,
ii
qualifying securities,
iii
shares in investment trusts,
iv
units in securities funds and warrant funds, and shares in securities companies and warrant companies,
v
units in, or shares of, a relevant UCITS,
vi
units in funds of funds, and
vii
cash, including cash represented in share accounts with building societies,
with depositary interests being included in the paragraph to which their relevant investments (referred to in paragraphs (a) and (b) of the definition of “depositary interest”) relate; and
; and
d
paragraph (4) shall be omitted.
13
1
Regulation 27 shall be amended as follows.
2
In paragraphs (2) and (3), in the subsections (12) and (14) treated as added to section 106A of the Taxation of Chargeable Gains Act 1992 —
a
before the words “regulation 4(2A)(a), (b) or (c)” wherever they occur there shall be inserted the words “the former”;
b
before “regulation 4A(2)” wherever it occurs there shall be inserted the words “the former”; and
c
before “4A(2)” wherever it occurs not preceded by the word “regulation” there shall be inserted the words “the former regulation”.
3
In paragraph (2), in the subsection (13)(a) treated as added to that section —
a
there shall be inserted at the beginning the words
“the former regulation 4(2A)(a), (b) or (c)” (certain public offer shares, certain shares resulting from a building society demutualisation or certain shares resulting from the demutualisation of a mutual insurer), “the former regulation 4A(2),”
; and
b
the words from “and “regulation”” to the end shall be omitted.
4
In paragraph (4) for the words from “ordinary shares” to “qualifying securities” there shall be substituted the words “qualifying investments for plans falling within any of sub-paragraphs (a), (b), (f) to (j), (l) or (m) of regulation 6(2)”.
Savings
14
The revocation of regulation 4(1)(a) and (c) shall not affect any right to treat a plan as void or other penalty or liability in relation to events prior to 6th April 2001.
Two of the Lords Commissioners of Her Majesty’s Treasury
Dave Clelland
Jim Dowd
13th March 2001


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2001 and shall come into force on 29th May 2001.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EC ) No. 2848/2000 fixing for 2001 the fishing opportunities and associated conditions for fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required ;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy , as amended by Council Regulation (EC) No. 2870/95 , Council Decision (EC) 95/258 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 and Council Regulation (EC) 2846/98 ;
“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“relevant offence” means an offence under:
article 3 of this Order, or
any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedule 1 or 2 as read with any qualifying words relating to that provision in that column; and
“third country fishing boat” means a fishing boat flying the flag of and registered in a state other than a Member state of the European Community.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to the Bailiwick of Jersey; and
v
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;
c
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproducd, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
In this Order —
a
any reference to a Community instrument is a reference to that instrument as amended on the date this Order is made; and
b
any reference to a Schedule or to an article shall, unless the context otherwise requires, be construed as a reference respectively to a Schedule to this Order or an article of this Order.
4
For the purpose of the prohibition contained in paragraph 2 of Annex IV to the Council Regulation (which prohibits the landing of herring unsorted from the remainder of the catch at a harbour where adequate sampling programmes are not in place), a harbour in England or Northern Ireland shall not be regarded as having in place a system which is adequate for sampling a catch that includes unsorted herring unless, before the landing of the catch in question —
a
the master of the fishing boat in question has applied to a British sea-fishery officer at the harbour in question for a decision as to the suitability of that harbour for landing the catch on that boat; and
b
the British sea-fishery officer has decided that the sampling systems at the harbour are adequate, having regard to the overall size and characteristics of the catch, for the purpose of monitoring effectively the landing of that catch, and has so notified the master.
Offences
3
1
Where there is, in respect of —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British fishery limits,
a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 1, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of Schedule 2 applies which is within relevant British fishery limits, a contravention of, or failure to comply with, that specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person found guilty in England or Northern Ireland of an offence under article 3(1) or (2), or under any equivalent provision in any other order extending to any part of the United Kingdom, proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified —
i
in respect of an offence under article 3(1), in column 3 of Schedule 1, or
ii
in respect of an offence under article 3(2), in column 3 of Schedule 2,
in relation to the specified Community provision, the contravention of which or failure to comply with which founded the offence; and
b
on conviction on indictment, to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 10, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Article 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant to distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any 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; or
b
any other 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 appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and 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 any fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, 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;
d
may inspect and take copies of any such document produced to him or found on board and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may 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 the offence;
but nothing in sub-paragraph (e) above 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 relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or 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.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may in England or Northern Ireland —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in that person’s custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence, and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier, or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England and Northern Ireland,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptable which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2), 7(1)(b) or 7(3) shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6, 7 or 8 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
11
1
Where any offence under article 3(1) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1) committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1) committed by an unincoporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeed against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Article 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification,
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude, and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Revocation
13
1
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2000 and the Sea Fishing (Enforcement and Community Quota and Third Country Fishing Measures) (Amendment) Order 2000 are hereby revoked, except in so far as:
a
they form part of the law of Scotland; or
b
they have effect in relation to Wales (as that term is defined in section 155(1) of the Government of Wales Act 1998 ).
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
30th April 2001
John Reid
Secretary of State for Northern Ireland
25th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Wiltshire Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the West Wiltshire Primary Care Trust established by article 2 of this Order.
Establishment and name of the Primary Care Trust
2
There is hereby established a Primary Care Trust which is to be called the West Wiltshire Primary Care Trust.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive and Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Operational date of the trust
5
The trust’s operational date shall be 1st April 2001.
Limitations on the exercise of functions by the trust during the preparatory period
6
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
7
1
The Wiltshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Wiltshire Health Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Bath and West Community National Health Service Trust and the Wiltshire and Swindon Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
14th February 2001


text:
1
1
This Order may be cited as the Representation of the People (Variation of Limits of Candidates' Election Expenses) Order 2001 and shall come into force on the seventh day after the day on which it is made.
2
Article 4 does not extend to Scotland or Northern Ireland.
3
In this Order “the 1983 Act ” means the Representation of the People Act 1983.
2
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a county constituency, shall be varied by substituting for the words “£4,965” and “5.6p” in section 76(2)(a)(i) of the 1983 Act , the words “£5,483” and “6.2p”, respectively.
3
The maximum amount of a candidate’s election expenses at a parliamentary general election, being an election in a borough constituency, shall be varied by substituting for the words “£4,965” and “4.2p” in section 76(2)(a)(ii) of the 1983 Act, the words “£5,483” and “4.6p”, respectively.
4
The maximum amount of a candidate’s election expenses at a local government election (other than an election under the Greater London Authority Act 1999 ) shall be varied by substituting for the words “£219” and “4.3p” in section 76(2)(b)(ii) of the 1983 Act , the words “£242” and “4.7p”, respectively.
Home Office
Mike O'Brien
Parliamentary Under-Secretary of State
26th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2001, and come into force on the day on which section 19 of the Act comes into force.
Amendment of the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001
2
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 are amended as follows —
a
in regulation 2, the existing text is numbered as paragraph (1);
b
at the beginning of that paragraph insert “Subject to paragraph (2),”;
c
after that paragraph insert —
2
Paragraph (1) does not prescribe any business to the extent that it comprises the provision by an investment firm of a service specified in paragraph 1(a) of Section A of the Annex to the investment services directive (reception and transmission of orders), unless that activity is carried on solely for the account of another investment firm.
3
In paragraph (2), “investment firm” means a person whose regular occupation or business is the provision of core investment services (that is to say, services listed in Section A of the Annex to the investment services directive) to third parties on a professional basis, other than a person to whom that directive does not apply by virtue of Article 2.2 of that directive.
.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit (General) Amendment (No. 3) Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of the Housing Benefit Regulations
2
1
In regulation 11 of the Housing Benefit Regulations (maximum rent) —
a
in paragraph (1) at the beginning insert “Subject to paragraph (1A)”;
b
after paragraph (1) insert the following paragraph —
1A
Where the rent officer makes and notifies an authority of a determination of a single room rent in accordance with article 3A of the Rent Officers Order on or after 2nd July 2001 —
a
the maximum rent shall be determined in accordance with paragraphs (2) to (12) without a further application for a determination under regulation 12A having been made; and
b
the authority’s superseding decision shall take effect from 2nd July 2001.
2
In regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers), after paragraph (1) there shall be inserted the following new paragraph —
1AA
In a case where a relevant authority has received notification of a determination of a single room rent pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order before 2nd July 2001 and the authority is relying on that determination for the purposes of a decision under regulation 11 (maximum rent) that determination shall cease to have effect on the day before 2nd July 2001 and the authority shall make an application for a determination of the single room rent to have effect from 2nd July 2001 unless, on or after 2nd July 2001 but before 2nd October 2001, the Rent Officer notifies the authority of his determination of that single room rent effective from 2nd July 2001 without a further application having been made.
3
In Schedule 1A of the Housing Benefit Regulations (excluded tenancies) —
a
in paragraph 2(2)(a) and (b) at the beginning insert “subject to head (c)”;
b
in paragraph 2(2) after head (b) insert the following head —
c
in a case where the determination mentioned in sub-paragraph (1) was made before 2nd July 2001 and it was, or was made in conjunction with, a determination of a single room rent pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order.
c
in paragraph 3(3)(f) at the end insert “on or after 2nd July 2001”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
2nd April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Suffolk Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Central Suffolk Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st January 2002 a Primary Care Trust to be called the Central Suffolk Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Suffolk Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Local Health Partnerships National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) (Amendment) Order 2001 and shall come into force on 31st March 2001.
2
In this Order, “the principal Order ” means the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 .
Amendments to the principal Order
2
1
The principal Order shall be amended as follows.
2
In section 2 of Schedule 1, after paragraph 7 insert —
7A
SEERA Limited.
3
In section 3 of Schedule 1, for “or a city college for the technology of the arts” in paragraph 8, substitute“, a city college for the technology of the arts or a city academy”.
4
In section 4 of Schedule 1, after paragraph 11 insert —
11A
Careers Enterprise (Futures) Limited.
5
In section 8 of Schedule 1 —
a
after paragraph 2 insert —
2A
New Charter Building Company Limited.
2B
New Charter Housing Trust Limited
.
b
after paragraph 4 insert —
4A
Tynedale Housing Company Limited.
6
In section 10 of Schedule 1 —
a
after paragraph 6 insert —
6A
The Children and Family Court Advisory and Support Service.
b
after paragraph 9 insert —
9A
Enfield Leisure Centres Limited.
7
In section 4 of Part II of Schedule 2, after paragraph 19 insert —
20
A person who, during the period of employment, performed a function of a local education authority pursuant to a direction given by the Secretary of State under section 497A(4) of the Education Act 1996.
Alan Johnson
Parliamentary Under-Secretary of State for Competitiveness
Department of Trade and Industry
8th March 2001


text:
Title, extent and commencement
1
This Order may be cited as The Sheep and Goats Spongiform Encephalopathy (England and Wales)(Compensation)(Amendment) Order 2001, shall extend to England and Wales and shall come into force on 14th December 2001.
Amendment of The Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998
2
1
In so far as it extends to England and Wales, The Sheep and Goats Spongiform Encephalopathy (Compensation) Order 1998 shall be amended in accordance with the following provisions of this Order.
2
In article 2, the definitions of “average cull price for sheep”, and “average cull price for goats” are revoked;
3
The following paragraph shall be substituted for paragraph (1) of article 3 —
1
Where the Minister causes an animal to be slaughtered as a suspected or affected animal under the powers conferred on him by section 32(1) of the Animal Health Act 1981 in its application to any transmissible spongiform encephalopathy and an examination at a veterinary laboratory of the Ministry of tissues taken from the carcase of the animal confirms that it was an affected animal, the compensation payable by him shall be:
a
in the case of a cull animal, the amount of £30; and
b
in the case of any other affected animal, the amount of £90
.
4
In article 3 the paragraphs (3), (4) and (5) are revoked.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
22 November 2001
Signed on behalf of the National Assembly for Wales
D. Elis Thomas
Presiding Officer
22 November 2001
We approve
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
22 November 2001


text:
1
1
This Order may be cited as the Elections Act 2001 (Supplemental Provisions) (No. 2) Order 2001 and shall come into force on 11th May 2001.
2
This Order extends to England and Wales only.
2
Section 16(1) of the Representation of the People Act 1985 (postponement of poll at parish or community council elections) shall be modified so as not to apply to any polls due to be held on 7th June 2001.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
8th May 2001


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Assistance (Residential Accommodation) (Disregarding of Resources) (England) Regulations 2001 and shall come into force on 1st October 2001.
2
In these Regulations —
“the 2001 Act ” means the Health and Social Care Act 2001 ;
“ the Act ” means the National Assistance Act 1948; and
“the Assessment Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 ;
3
These Regulations extend to England only .
Disregarding of resources
2
1
For the purposes of section 21(2A) of the Act, a local authority shall disregard so much of the person’s capital as does not exceed the capital limit for the purposes of section 22 of the Act.
2
For the purposes of paragraph (1) of this regulation, subject to paragraph (3) —
a
a person’s capital shall be calculated in accordance with the Assessment Regulations in the same way as if he were a person for whom accommodation is proposed to be provided as mentioned in subsection (3) of section 22 of the Act and whose ability to pay for the accommodation falls to be assessed for the purposes of that subsection; and
b
“the capital limit for the purposes of section 22 of the Act” means the amount for the time being prescribed in the Assessment Regulations as the amount which a resident’s capital (calculated in accordance with those Regulations) must not exceed if he is to be assessed as unable to pay for his accommodation at the standard rate.
3
In a case where the local authority has entered or has agreed to enter into a deferred payment agreement (as provided for in section 55 of the 2001 Act), when making the calculation specified in paragraph (2)(a) of this regulation, the local authority shall give effect to paragraph 1A of Schedule 4 to the Assessment Regulations, as if that paragraph read as follows —
1A
In the case of a resident who becomes a permanent resident on or after 1st October 2001 the value of any dwelling which he would otherwise normally occupy as his only or main residence.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th September 2001


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2001 and come into force on 8th November 2001.
Amendment
2
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 are amended by inserting the following entry at the end of the table in Part 1 of Schedule 1 —
A person appointed by the Treasury to hold an inquiry into matters relating to financial services (including an inquiry under section 15 of the Act), or an officer or member of staff of such an inquiry His functions in carrying out the inquiry and reporting to the Treasury
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th October 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General)(Standard Interest Rate Amendment)(No. 2) Regulations 2001 and shall come into force on 19th August 2001.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 7(1)(i) of Schedule 7 to the Claims and Payments Regulations (date when change of circumstances is to take effect) —
i
from the first day of the benefit week which includes 26th August 2001; or
ii
if the claim for income support is for a period commencing after 26th August 2001, from the first day of the first benefit week commencing after 19th August 2001;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 7(1)(ii) of Schedule 7 to the Claims and Payments Regulations, from the first day of the first benefit week commencing after 26th August 2001,
and for this purpose, the expressions “claimant” and “benefit week” have the same meaning as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “6.94 per cent.” there shall be substituted the words “6.65 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) Regulations 2001
3
The Income Support (General) (Standard Interest Rate Amendment) Regulations 2001 are hereby revoked save that those Regulations shall continue to have effect until the day before the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation1(2) of these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd July 2001


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2001 and shall come into force on 1st January 2002.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 (fees) —
a
in paragraph (1) (fee for registration of premises), for “£143” substitute “£150” and for “£77” (fee where premises are in Northern Ireland) substitute “£80”;
b
in paragraph (2) (retention fee), for “£92” substitute “£97” and for “£72” (fee where premises are in Northern Ireland) substitute “£82”;
c
in paragraph (3) (additional sum by way of penalty), for “£295” substitute “£310” and for “£219” (sum where premises are in Northern Ireland) substitute “£230”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 2000 are revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
3rd December 2001
Bairbre de brún
Minister of Health, Social Services and Public Safety
6th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Staffordshire Moorlands Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st November 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Staffordshire Moorlands Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 21st November 2001 a Primary Care Trust to be called the Staffordshire Moorlands Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officers members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The North Staffordshire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the proceeding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North Staffordshire Health Authority shall make officers of the authority available to the trust during the preparatory period.
4
The North Staffordshire Combined Healthcare National Health Service Trust shall make premises of the NHS trust available to the trust during the preparatory period.
Signed by Authority of the Secretary of State
John Hutton
Minister of State
Department of Health
11th November 2001