text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North and East Cornwall 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 North and East Cornwall 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 North and East Cornwall Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Cornwall and Isles of Scilly 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 Cornwall and Isles of Scilly Health Authority shall make premises and other facilities of the Authority available to the trust during the preparatory period.
4
The Cornwall Healthcare 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
17th December 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Breach of Community Order) (Consequential Amendments) Regulations 2001 and shall come into force on 15th October 2001.
Consequential amendments
2
1
In regulation 2(3A) of both the Housing Benefit (General) Regulations 1987 and the Council Tax Benefit (General) Regulations 1992 (interpretation), after sub-paragraph (c), there shall be added the following sub-paragraph —
d
in respect of which an income-based jobseeker’s allowance or a joint-claim jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions).
.
2
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 —
a
in regulation 1(3) (citation, commencement and interpretation) after the definition of “legally qualified panel member” there shall be inserted the following definition —
“the Breach of Community Order Regulations ” means the Social Security (Breach of Community Order) Regulations 2001 ;
;
b
in regulation 3 (revision of decisions) after paragraph (8) there shall be inserted the following paragraph —
8A
Where a court makes a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions) and that determination is quashed or set aside by that or any other court, a decision of the Secretary of State under section 8(1)(a) or 10 made in accordance with regulation 6(2)(i) may be revised at any time.
;
c
in regulation 6 (supersession of decisions) after paragraph (2)(h) there shall be added the following paragraph —
i
is a decision of the Secretary of State that a jobseeker’s allowance or income support is payable to a claimant where the Secretary of State is notified that a court has made a determination which results in a restriction being imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000.
;
d
in regulation 7 (date from which a decision superseded under section 10 takes effect) after paragraph (26) there shall be added the following paragraph —
27
A decision to which regulation 6(2)(i) applies shall take effect from the beginning of the period specified —
a
subject to sub-paragraphs (d) and (e), in relation to a jobseeker’s allowance —
i
in regulation 3(1)(a) of the Breach of Community Order Regulations;
ii
in regulation 3(1)(b) of those Regulations;
b
subject to sub-paragraphs (d) and (e), in relation to income support —
i
in regulation 3(3)(a) of the Breach of Community Order Regulations;
ii
in regulation 3(3)(b) of those Regulations;
c
subject to sub-paragraphs (d) and (e), in relation to a joint-claim jobseeker’s allowance —
i
in regulation 3(4)(a) of the Breach of Community Order Regulations;
ii
in regulation 3(4)(b) of those Regulations;
d
in regulation 3(5) of the Breach of Community Order Regulations;
e
in regulation 3(6) of the Breach of Community Order Regulations.
.
3
In regulation 3(1) of the Social Security (Back to Work Bonus) ( No. 2) Regulations 1996 (period of entitlement to a qualifying benefit: further provisions), after the words “section 19” there shall be inserted the words “or in accordance with section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”.
4
In the Jobseeker’s Allowance Regulations 1996 —
a
at the end of regulation 47(4)(b)(ii) (jobseeking period) there shall be added the words “or by virtue of a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)”;
b
for paragraph (1) of regulation 170 (persons in receipt of a training allowance) there shall be substituted the following paragraph —
1
A person who is not receiving training falling within paragraph (2) may be entitled to an income-based jobseeker’s allowance without —
a
being available for employment;
b
having entered into a jobseeker’s agreement; or
c
actively seeking employment,
if he is in receipt of a training allowance or if he would be in receipt of a training allowance if the Social Security (Breach of Community Order) Regulations 2001 did not prevent the payment of a training allowance to him.
.
5
At the end of regulation 8A(2) of the Social Security (Credits) Regulations 1975 (credits for unemployment), there shall be added the following —
or
d
a week in respect of which he would have been paid a jobseeker’s allowance but for a restriction imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)
.
6
At the end of regulation 3 of the Discretionary Financial Assistance Regulations 2001 (circumstances in which discretionary housing payments may be made), there shall be added the following paragraph —
l
a restriction in relation to the payment of benefit imposed pursuant to section 62 or 63 of the Child Support, Pensions and Social Security Act 2000 (loss of benefit provisions)
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
3rd May 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Double Taxation Relief (Taxes on Income) (Underlying Tax on Dividends and Dual Resident Companies) Regulations 2001.
2
These Regulations shall come into force on 31st March 2001 and shall apply in relation to any claim for an allowance by way of credit made on or after that date in respect of a dividend paid by an overseas company to a company resident in the United Kingdom, unless the dividend was paid before that date.
Interpretation
2
In these Regulations —
“the Act”means the Income and Corporation Taxes Act 1988, and a reference to a numbered section is a reference to the section of the Act which is so numbered;
“dual resident company” means a company which is liable, by reason of its domicile, residence or place of management or of incorporation, or other similar criterion, to tax in two or more territories;
“overseas company” has the meaning given in section 801(1) (dividends paid between related companies: relief for UK and third country taxes); and
“third company” means the company referred to as such in section 801(2).
Additional cases prescribed for the purposes of section 801(2) of the Act
3
1
The cases specified in paragraphs (2) and (3) are prescribed for the purposes of section 801(2) (cases where the overseas company receives a dividend from a related third company and in respect of which relief allowable for underlying tax is subject to a restriction under section 799(1)(b)).
2
The case specified in this paragraph is that the overseas company is a dual resident company as respects an accounting period, and although resident in the same territory as the third company —
a
it is treated for the purposes of Chapter IV of Part XVII of the Act (tax avoidance: controlled foreign companies) as resident in a different territory; or
b
it would be so treated in accordance with paragraphs (a) to (c) of subsection (3) of section 749 (residence of controlled foreign companies) if that subsection applied to it.
3
The case specified in this paragraph is that the third company is a dual resident company as respects an accounting period and although resident in the same territory as the overseas company —
a
it is treated for the purposes of Chapter IV of Part XVII of the Act as resident in a different territory; or
b
it would be so treated in accordance with paragraphs (a) to (c) of subsection (3) of section 749 if that subsection applied to it.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Preston Primary Care Trust (Establishment) Order 2001 and shall come into force on 29th October 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Preston Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 29th October 2001 a Primary Care Trust to be called the Preston Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The North West Lancashire Health Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The North West Lancashire 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 Guild Community Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The CommuniCare 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.
6
The Blackpool, Wyre and Fylde Community Health Services 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
20th October 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (Functions of Health Authorities and Administration Arrangements) (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations apply in relation to Health Authorities established for an area in England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“financial year” means the period of 12 months ending with 31st March;
“the Health Act ” means the Health Act 1999 ;
“practice patient” means —
in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act , an individual who is on that single list);
in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act, an individual who is on that single list),
other than an individual who is resident in Scotland;
“the relevant date” means —
1st April in the financial year preceding the financial year in which the identity of the relevant Health Authority falls to be determined;
in the case of a practitioner providing general medical services and who practices otherwise than in partnership, the date on which he first entered the Health Authority’s medical list;
in the case of a practitioner providing general medical services who is one of two or more practitioners who practice in partnership with each other, the earliest date on which any one of those practitioners entered the Health Authority’s medical list;
in the case of a practitioner performing personal medical services in connection with a pilot scheme under the 1997 Act, the date on which services were first performed under that scheme,
whichever is the latest;
“the relevant Health Authority” means —
in relation to a medical practitioner —
who provides general medical services under Part II of the Act and does not perform personal medical services in connection with a pilot scheme;
whose name is included in the medical list of only one Health Authority; and
who practises on his own or in partnership with others all of whom are medical practitioners who provide general medical services under Part II of the Act and do not perform personal medical services in connection with a pilot scheme and whose names are included only in that Authority’s medical list,
that Authority;
in relation to any other medical practitioner, the Health Authority in whose area, on the relevant date, most of the practice patients at that date were living;
“specified health service functions” means the Secretary of State’s functions relating to the health service under the enactments specified in column (1) of Schedule 1 (the subject matter of the relevant functions being indicated in column (2) of that Schedule), including functions under any regulations made under any of those enactments.
2
In these Regulations, unless the context otherwise requires —
a
any reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, the Schedule bearing that number in these Regulations, and any reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in the regulation;
b
any reference to a Health Authority (other than in the definition of “relevant Health Authority” in regulation 2(1)) or a Primary Care Trust is to be construed as a reference to a Health Authority or, as the case may be, a Primary Care Trust established for an area in England;
c
any reference to a Special Health Authority is to be construed as a reference to a Special Health Authority exercising functions in respect of England; and
d
any reference to an NHS trust is to be construed as a reference to an NHS trust all or most of whose hospitals, establishments and facilities are situated in England.
Functions exercisable by Health Authorities
3
1
Subject to regulation 4, every Health Authority shall exercise the specified health service functions —
a
in so far as those functions consists of providing or securing the provision of services to patients, other than the services referred to in sub-paragraph (b) of this paragraph, for the benefit of —
i
the practice patients of medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the Health Authority is the relevant Health Authority; and
ii
persons usually resident in their area, or resident outside the United Kingdom who are present in their area, and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act;
b
in so far as those functions consist of providing or securing the provision of —
i
accident and emergency services and ambulance services;
ii
any other services which the Secretary of State may direct,
for the benefit of all persons present in their area; and
c
in so far as those functions consist of any other functions, generally as respects their area.
2
In this regulation, references to accident and emergency services are references to those services provided at the accident and emergency department, or a minor injuries unit, of a health service hospital, and do not include any subsequent treatment connected with the provision of those services.
3
Nothing in regulation 3(1) limits the area in relation to which an approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) given by a Health Authority shall have effect.
4
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to where a person is usually resident for the purposes of this regulation —
a
he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being that at which he usually resides;
b
where he gives no such address, he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being his most recent address;
c
where his usual residence cannot be determined under sub-paragraphs (a) and (b) above, he shall be treated as usually resident in the area in which he is present.
5
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to whether a person is a practice patient of any medical practitioner, or as to the identity of the medical practitioner of which a person is a practice patient, for the purposes of these Regulations he shall be treated as a person who is not the practice patient of any medical practitioner.
Restriction on the exercise of functions by Health Authorities
4
1
The exercise by a Health Authority of specified health service functions is subject to such limitations as the Secretary of State may direct, and shall be in accordance with any directions which are given by the Secretary of State.
2
Nothing in these Regulations is to be taken as giving directions for the exercise of any functions conferred on or vested in the Secretary of State with respect to —
a
the making of any order or regulations;
b
the giving of any directions; or
c
the determination of the amount of the remuneration, or of any allowance, which is, by virtue of these Regulations, to be paid by a Health Authority to their chairman and members.
3
The power under section 2 of the Act (Secretary of State’s general power as to services) is exercisable by a Health Authority only to such extent as is necessary for the proper exercise of one or more other functions exercisable by them.
4
In exercising the functions of the Secretary of State under section 4 of the Act a Health Authority may enter into an NHS contract for the provision of high security psychiatric services with the following providers only —
a
Ashworth Hospital Authority , or
b
an NHS trust approved under paragraph 10(2) and (3) of Schedule 2 to the 1990 Act —
i
in England, by the Secretary of State; or
ii
in Wales, by the National Assembly for Wales,
and may not arrange with any other person or body (including voluntary organisations) for that person or body to provide such services.
5
Except where the Secretary of State otherwise directs, a Health Authority shall not exercise the functions of the Secretary of State under section 51(1) of the Act in so far as those functions are concerned with securing the availability of facilities for clinical teaching.
6
Where, in the exercise of specified health service functions, arrangements are made by a Health Authority with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in that Authority’s area shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
7
Approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only —
a
after carrying out such consultations, and the obtaining of such advice, as the Secretary of State may direct; and
b
for such periods as the Secretary of State may direct.
Arrangements by Health Authorities for exercise of functions
5
1
Subject to paragraphs (3), (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority under or by virtue of any provision of the Act, the 1990 Act or the Health Act, or any function to which paragraph (2) applies, may by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised —
a
by another Health Authority,
b
by a Special Health Authority,
c
jointly with any one or more of the following —
i
Primary Care Trusts, and
ii
other Health Authorities,
or
d
on behalf of the Authority by a committee, sub-committee or officer of the Authority.
2
This paragraph applies to —
a
any functions exercisable by a Health Authority in relation to piloted services by virtue of the Act, as extended by section 9(2) of the 1997 Act; and
b
any function exercisable by a Health Authority by virtue of sections 4, 6 and 18 of, and Schedule 1 to, the 1997 Act which does not fall within sub-paragraph (a).
3
If the Secretary of State has directed Health Authorities that a function specified in the directions is not to be exercisable by Primary Care Trusts , a Health Authority may not exercise that function jointly with a Primary Care Trust.
4
Subject to paragraphs (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Health Authority jointly with Primary Care Trusts or other Health Authorities under paragraph (1)(c) may by arrangement with the health service bodies in question, and subject to such restrictions and conditions as the Authority may think fit, be exercised on behalf of those bodies by a joint committee or joint sub-committee.
5
Any function exercisable by a Health Authority under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.
6
Any functions which a Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that Authority be exercised jointly with one or more other Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.
7
Any function exercisable by a Health Authority under section 15(2) of the Nurses, Midwives and Health Visitors Act 1997 may by arrangement with that Authority be exercised —
a
by another Health Authority,
b
jointly with any one or more other Health Authorities,
c
on behalf of the Authority by —
i
a committee, sub-committee or officer of the Authority, or
ii
a joint committee, or joint sub-committee, of that Authority and one or more other Health Authorities.
Arrangements with health service bodies in Wales
6
1
Subject to any directions which may be given by the Secretary of State, an English Health Authority may enter into arrangements with a Welsh Health Authority for the functions specified in paragraph (3) —
a
which are exercisable by the English Health Authority, to be exercised by the Welsh Health Authority;
b
which are exercisable by the Welsh Health Authority, to be exercised by the English Health Authority.
2
Subject to any directions which may be given by the Secretary of State, one or more English Health Authorities may enter into arrangements with one or more Welsh Authorities for the functions specified in paragraph (3) which are exercisable by all the Health Authorities in question, to be exercised —
a
jointly by those Authorities, or
b
on behalf of those Authorities, by a joint committee or joint sub-committee.
3
The functions referred to in paragraphs (1) and (2) are any functions exercisable by a Health Authority —
a
under or by virtue of the Act or the 1990 Act;
b
in relation to piloted services by virtue of the Act, as extended by section 9(2) of the 1997 Act;
c
by virtue of sections 4, 6 and 18 of, and Schedule 1 to, the 1997 Act which do not fall within sub-paragraph (b);
d
under section 15(2) of the Nurses, Midwives and Health Visitors Act 1997; and
e
under or by virtue of the Health Act.
4
An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions exercisable by the English Health Authority under or in relation to arrangements made under section 63(1) of the Health Service and Public Health Act 1968 to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.
5
An English Health Authority may enter into arrangements with a Welsh Health Authority or NHS trust for any functions which the English Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching to be exercised jointly by the English Health Authority with that Welsh Health Authority or NHS trust.
6
In this regulation —
“English Health Authority” means a Health Authority established for an area in England only;
“Welsh Health Authority” means a Health Authority established for an area in Wales only.
“Welsh NHS trust” means an NHS trust all or most of whose hospitals, establishments and facilities are situated in Wales.
Revocations
7
The regulations specified in column (1) of Schedule 2, in so far as they relate to England, are revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
8th March 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Kent) (Borough of Dartford) Order 2001 and shall come into force on 2nd July 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Borough of Dartford with the exception of the following roads and area:
a
the M25 motorway for its entire length within the Borough including all its on and off slip roads;
b
the A282 Dartford Tunnel Approach Road for its entire length within the Borough including all its on and off slip roads;
c
the A2 trunk road for its entire length within the Borough including all its on and off slip roads;
d
the B255 St Clements Way from its junction with the A226 London Road to its junction with the B255 Bean Road including the on slip road leading from the Bluewater shopping complex onto the B255 St Clements Way;
e
the area known as Bluewater, a shopping complex, the boundary of which is indicated by the following roads, which are not themselves part of the area known as Bluewater;
i
Hedge Place Road, which indicates the northern boundary of the area;
ii
Watling Street, which indicates the southern boundary of the area;
iii
St James Lane, which indicates the western boundary of the area;
iv
St Clements Way, which indicates the eastern boundary of the area.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Keith Hill
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
10th May 2001


text:
1
This Order may be cited as the Public Telecommunication System Designation (Midlands Electricity PLC) Order 2001 and shall come into force on 4th January 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
30th November 2001


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.
2
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended in accordance with regulation 3 below.
3
1
For regulation 3(2)(b) there shall be substituted the following —
b
no later than the last day of the month following the end of the reference period to which the supplementary declaration relates.
.
2
In regulation 3(3) —
a
the words “paragraph (2)(b)(i) above and” shall be deleted; and
b
for “references” there shall be substituted “reference”.
3
Regulation 3(4) shall be deleted.
4
In paragraphs (6) and (7) of regulation 4, for “£12,500,000” there shall be substituted “£13,500,000”.
New King’s Beam House 22 Upper Ground, London SE1 9PJ
Alex Fraser
Commissioner of Customs and Excise
5th December 2001


text:
Title, extent and commencement
1
This Scheme may be cited as the Pig Industry Restructuring (Non-Capital Grant) Scheme 2001 shall extend to England and shall come into force on 1st March 2001.
Interpretation
2
1
In this Scheme, unless the context otherwise requires —
“bank” means —
any institution for the time being authorised under a provision of the Banking Act 1987 ,
any person for the time being specified in any of paragraphs 2 to 10 of Schedule 2 to that Act (exempted persons),
any person for the time being entitled by virtue of the Banking Coordination (Second Council Directive) Regulations 1992 to accept deposits (within the meaning of that Act) in the United Kingdom;
“business plan” means a detailed plan setting out the objectives of the business, the strategy and tactics to achieve those objectives, estimates of the financial and other circumstances of the business in the event that the objectives are achieved and the investment required to achieve those objectives;
“Capital Grant Scheme” means the Pig Industry Restructuring (Capital Grant) Scheme 2001 ; and
“pig production” means any form of pig production including breeding, rearing and finishing.
2
In this Scheme, any reference to —
a
a numbered paragraph is a reference to the paragraph in this Scheme so numbered;
b
a numbered sub-paragraph (with no corresponding reference to a specific paragraph) is a reference to the sub-paragraph so numbered in the paragraph in which the reference appears.
Payment and amounts of grants
3
1
Subject to the following provisions of this Scheme, the Minister may make to any eligible person a grant towards expenditure incurred in servicing the relevant part of a qualifying loan.
2
For the purposes of this Scheme a qualifying loan is a loan which has been, or is to be, obtained from a bank for the purpose of implementing a business plan for the restructuring of a pig production business, and the relevant part of a qualifying loan is that part of the loan which —
a
has been or is to be obtained for the purposes of, in connection with or in connection with any proposals for restructuring by —
i
the establishment or expansion of a farm business ancillary to a pig production business and relating to the products of pig production;
ii
the promotion of a farm business ancillary to a pig production business and relating to the products of pig production; or
iii
the marketing of anything produced or supplied in the course of a farm business ancillary to a pig production business and relating to the products of pig production;
and
b
appears to the Minister to be neither expenditure of a capital nature nor expenditure which would fall to be treated for the purposes of section 29 of the Agriculture Act 1970 as incurred in connection with expenditure of a capital nature.
3
Where a loan has been obtained partly for the purposes of or in connection with the restructuring of a pig production business and partly for other purposes, the Minister may for the purposes of a grant under this paragraph treat as a qualifying loan so much of that loan as appears to him to be referable to that restructuring.
4
The Minister may make the payment of grant under sub-paragraph (1) above subject to such conditions as he may reasonably determine.
5
No grant under this Scheme when coupled with any payment made under the Capital Grant Scheme shall exceed 5% of the qualifying loan (excluding accrued interest).
Eligible persons
4
The following persons shall be eligible for a grant under this Scheme —
a
an individual carrying on a business of pig production, to whom a qualifying loan has been or is to be made and who undertakes, if his application is successful, to pursue the objectives of his business plan;
b
a body carrying on a business of pig production, to which a qualifying loan has been or is to be made and on behalf of which a person duly authorised for the purpose undertakes, if the body’s application is successful, to pursue the objectives of its business plan;
c
persons carrying on a business of pig production in partnership, to whom a qualifying loan has been or is to be made and on whose behalf the undertaking required of an individual by paragraph (a) above is given by a person duly authorised for the purpose.
Claims for grant
5
Any claims for grant under this Scheme shall be made in such form and manner and at such time as the Minister may from time to time reasonably require, and the claimant for grant shall furnish all such particulars and information relating to the claim and copies of such documents and records relating thereto as the Minister may reasonably require.
Withholding or recovery of grant
6
1
The Minister may withhold the whole or any part of a grant otherwise payable under this Scheme or recover on demand an amount equal to the payment which has been made under this Scheme, or such part as he may specify, where it appears to him —
a
that any condition subject to which the grant is to be or has been paid is not being or has not been complied with;
b
that the eligible person gave information on any matter relevant to his eligibility for a grant under this Scheme, or the claim for payment, which was false or misleading in a material respect; or
c
that the eligible person has failed to comply with his undertaking to pursue the objectives of his business plan.
2
Before withholding the whole or any part of any grant or recovering any amount equal to the payment which has been made or part of the payment which has been made under the provisions of paragraph (1) above, the Minister —
a
shall give to the person to whom any payment of grant would be payable, or from whom any such amount would be recoverable, a written notification of the reasons for the action proposed to be taken;
b
shall afford that person an opportunity of appearing before and being heard by a person appointed for the purpose by the Minister; and
c
shall consider the report of a person so appointed and supply a copy of the report to the person mentioned in paragraph (a) of this paragraph.
Joyce Quin
Minister of State Ministry of Agriculture, Fisheries and Food
31 January 2001
Greg Pope and Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
1 February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham Priority Health Services National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 4th May 2001.
2
In this Order —
“ the Order ” means the Rotherham Priority Health Services National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of NHS trust Establishment Order
2
1
In article 1 of the Order, in paragraph (2), after the definition of the Act, there shall be inserted —
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1, to the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
2
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service, at or from the trust’s Headquarters at Priority Health Services Headquarters, Doncaster Gate Hospital, Doncaster Gate, Rotherham S65 1DW,
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State for Public Health,
Department of Health
24th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of East Staffordshire (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“borough” means the borough of East Staffordshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of East Staffordshire (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of East Staffordshire
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Outwoods
3
The parish of Outwoods shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Stretton
4
The parish of Stretton 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 borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Uttoxeter
5
1
The existing wards of the parish of Uttoxeter shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names of Heath and Town; each ward shall comprise the area of the borough ward bearing the same name; and the number of councillors to be elected for each parish ward shall be eight.
Revocation
6
The District of East Staffordshire (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham Primary Care Trust (Establishment) Order 2001 and shall come into force on 24th December 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 Rotherham 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 24th December 2001 a Primary Care Trust to be called the Rotherham Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The Rotherham 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 Rotherham 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 Rotherham Priority Health Services National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Rotherham General Hospitals National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation and commencement
1
This Order may be cited as the Bay Community National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Bay Community National Health Service Trust established by the Bay Community National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation and commencement
1
1
These Regulations shall be cited as the Income Support and Jobseeker’s Allowance (Amounts for Persons in Residential Care and Nursing Homes) Regulations 2001 and shall, subject to paragraphs (2) and (3) below, come into force on 2nd July 2001.
2
Regulation 2 of these Regulations shall, in relation to a claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 2nd July 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support (General) Regulations 1987 .
3
Regulation 3 of these Regulations shall, in relation to a claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 2nd July 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 .
Income Support: amounts for those in residential care and nursing homes
2
In Schedule 4 to the Income Support (General) Regulations 1987 (applicable amounts of persons in residential care and nursing homes) —
a
in paragraph 6 (residential care homes) —
i
in sub-paragraph (1)(a), for the sum “£225” there shall be substituted the sum “£229”;
ii
in sub-paragraph (1)(b), for the sum “£238” there shall be substituted the sum “£243”;
iii
in sub-paragraph (1)(c), for the sum “£238” there shall be substituted the sum “£243”;
iv
in sub-paragraph (1)(d), for the sum “£271” there shall be substituted the sum “£276”;
v
in sub-paragraph (1)(e) —
aa
in (i), for the sum “£308” there shall be substituted the sum “£314”;
bb
in (ii), for the sum “£225” there shall be substituted the sum “£229”;
vi
in sub-paragraph (1)(f), for the sum “£225” there shall be substituted the sum “£229”;
vii
in sub-paragraph (2), for the sum “£261” there shall be substituted the sum “£265”;
b
in paragraph 7 (nursing homes) —
i
in sub-paragraph (a), for the sum “£337” there shall be substituted the sum “£343”;
ii
in sub-paragraph (b), for the sum “£343” there shall be substituted the sum “£349”;
iii
in sub-paragraph (c), for the sum “£337” there shall be substituted the sum “£343”;
iv
in sub-paragraph (d) —
aa
in (i), for the sum “£379” there shall be substituted the sum “£387”;
bb
in (ii), for the sum “£336” there shall be substituted the sum “£342”;
v
in sub-paragraph (e), for the sum “£336” there shall be substituted the sum “£342”;
vi
in sub-paragraph (f), for the sum “£336” there shall be substituted the sum “£342”;
c
in paragraph 11(1) (Greater London increase) —
i
in sub-paragraph (a), for the sum “£47” there shall be substituted the sum “£48”;
ii
in sub-paragraph (b), for the sum “£52” there shall be substituted the sum “£53”.
Jobseeker’s Allowance: amounts for those in residential care and nursing homes
3
In both Schedules 4 and 4A to the Jobseeker’s Allowance Regulations 1996 (applicable amounts of persons in residential care and nursing homes) —
a
in paragraph 5 of Schedule 4 and paragraph 6 of Schedule 4A (residential care homes) —
i
in sub-paragraph (a), for the sum “£238” there shall be substituted the sum “£243”;
ii
in sub-paragraph (b), for the sum “£238” there shall be substituted the sum “£243”;
iii
in sub-paragraph (c), for the sum “£271” there shall be substituted the sum “£276”;
iv
in sub-paragraph (d), for the sum “£308” there shall be substituted the sum “£314”;
v
in sub-paragraph (e), for the sum “£225” there shall be substituted the sum “£229”;
b
in paragraph 6 of Schedule 4 and paragraph 7 of Schedule 4A (nursing homes) —
i
in sub-paragraph (a), for the sum “£337” there shall be substituted the sum “£343”;
ii
in sub-paragraph (b), for the sum “£343” there shall be substituted the sum “£349”;
iii
in sub-paragraph (c), for the sum “£337” there shall be substituted the sum “£343”;
iv
in sub-paragraph (d), for the sum “£379” there shall be substituted the sum “£387”;
v
in sub-paragraph (e), for the sum “£336” there shall be substituted the sum “£342”;
vi
in sub-paragraph (f), for the sum “£336” there shall be substituted the sum “£342”;
c
in paragraph 9(1) of Schedule 4 and paragraph 10(1) of Schedule 4A (Greater London increase) —
i
in sub-paragraph (a), for the sum “£47” there shall be substituted the sum “£48”;
ii
in sub-paragraph (b), for the sum “£52” there shall be substituted the sum “£53”.
Signed by authority of the Secretary of State for Social Security
Hugh Bayley
Parliamentary Under-Secretary of State
Department of Social Security
9th May 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for the Royal London Hospital (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“the new trustees” means the trustees for the Barts and The London National Health Service Trust;
“the Special Trustees” means the Special Trustees for the Royal London Hospital;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the Special Trustees and the new trustees on 27th February 2001.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the Special Trustees to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the Special Trustees in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the Barts and The London National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
6th March 2001


text:
Title and commencement
1
This Order may be cited as the Home-Grown Cereals Authority Levy (Variation) Scheme (Approval) Order 2001 and shall come into force on 1st August 2001.
Approval of Scheme under section 16 of the Cereals Marketing Act 1965
2
The Scheme set out in the Schedule to this Order is approved.
Joyce Quin
Minister of State, Ministry of Agriculture, Fisheries and Food
30th April 2001
John Reid
Secretary of State for Northern Ireland
1st May 2001
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 :
Elis Thomas
Presiding Officer
8th May 2001
We consent:
Ross Finnie
A member of the Scottish Executive
1st May 2001


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 2) Order 2001.
2
Section 65 of the Criminal Justice and Court Services Act 2000 (short term prisoners: release subject to curfew conditions) shall come into force on 1st March 2001.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
6th February 2001


text:
Citation and commencement
1
This Order may be cited as the Carlisle Hospitals, the North Lakeland Healthcare and the West Cumbria Health Care National Health Service Trusts (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trusts
2
1
The Carlisle Hospitals National Health Service Trust established by the Carlisle Hospitals National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The North Lakeland Healthcare National Health Service Trust established by the North Lakeland Healthcare National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The West Cumbria Health Care National Health Service Trust established by the West Cumbria Health Care National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
1st March 2001


text:
Title, extent and commencement
1
This Order may be cited as the Foot-and-Mouth Disease (Amendment) (England) (No. 8) Order 2001; it extends to England and shall come into force on 20th June 2001.
Amendments to the Foot-and-Mouth Disease Order 1983
2
1
The Foot-and-Mouth Disease Order 1983 (“the 1983 Order ”) in so far as it applies to England, is amended in accordance with this Article.
2
For Article 24, substitute —
Animals on common land
24
The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land except —
a
under the authority of a licence issued by the Minister; or
b
where instructed to do so by a notice from a veterinary inspector.
.
3
For article 27, substitute —
Shearing or dipping of sheep in an infected area
27
1
Subject to paragraph (2) below, no person shall —
a
shear or dip sheep or cause sheep to be sheared or dipped;
or
b
handle fleeces or sheep during shearing or dipping,
except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
3
For the purposes of this article —
a
“shearing” includes clipping and dagging; and
b
“dipping” includes showering and jetting sheep with sheep dip.
.
4
For Article 34A, substitute —
Animals on common land
34A
The owner or person in charge of any animal on common or unenclosed land shall not move the animal from that land except —
a
under the authority of a licence issued by the Minister; or
b
where instructed to do so by a notice from a veterinary inspector.
.
5
For Article 37C, substitute —
Shearing or dipping of sheep in a controlled area
37C
1
Subject to paragraph (2) below, no person shall —
a
shear or dip sheep or cause sheep to be sheared or dipped;
or
b
handle fleeces or sheep during shearing or dipping,
except in accordance with the conditions of a licence issued by the Minister.
2
Paragraph (1) shall not apply to the occupier of any premises or his employee (other than a person employed by him primarily for the purpose of shearing or dipping sheep) in respect of the shearing or dipping of sheep kept on those premises.
3
For the purposes of this article —
a
“shearing” includes clipping and dagging; and
b
“dipping” includes showering and jetting sheep with sheep dip.
.
Transitional provisions
3
Declaratory Orders made under Part III of the 1983 Order before this Order comes into force shall have effect so that the provisions of Part III of the 1983 Order, as amended by this Order, apply in the areas declared to be infected areas by those Declaratory Orders.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
19th June 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 2001 and shall come into force on 19th February 2001.
2
This Order extends to England only.
Specified Bodies
2
The following bodies are hereby specified as approved lending institutions for the purposes of section 156 of the Housing Act 1985 (priority of charges) —
a
Battersea Park Mortgage Funding Limited (Company No. 3530410)
b
Richmond Park Mortgage Funding Limited (Company No. 3597946)
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions
Nick Raynsford
Minister of State
Department of the Environment, Transport and the Regions
29th January 2001


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Relevant Authorities (Standards Committee) Regulations 2001 and shall come into force on 28th August 2001.
2
These Regulations apply in relation to relevant authorities in England , other than parish councils, and to police authorities in Wales, and references to “authority” shall be construed accordingly.
Interpretation
2
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“ the Act ” means the Local Government Act 2000;
“independent member” means a person appointed to a standards committee, or sub-committee of the standards committee, of an authority under section 53(4)(b) or 55(7)(a) of the Act;
“partner” means a member of a couple who live together;
“relative” means a spouse, partner, parent, parent-in-law, son, daughter, step-son, step-daughter, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, or the spouse or partner of any of the preceding persons; and
“responsible authority” means a district council or unitary county council which has functions in relation to the parish councils for which it is responsible under section 55(12) of the Act.
Size and composition of standards committees
3
1
An authority must ensure that —
a
where its standards committee has more than three members, at least 25% are independent members; and
b
where it is operating executive arrangements under Part II of the Act, no more than one member of its standards committee is a member of the executive.
2
Where an authority is a responsible authority, it must ensure that —
a
if its standards committee has appointed a sub-committee under section 55(3) of the Act, that standards committee includes at least one member of any of the parish councils for which the authority is the responsible authority; and
b
a member of its standards committee, or sub-committee of the standards committee, appointed under sub-paragraph (a), or under section 55(6)(a) or 55(7)(b) of the Act, is not also a member of that responsible authority.
Appointment of independent member
4
Subject to regulation 5(c), a person may not be appointed as an independent member of a standards committee of an authority or sub-committee of the standards committee unless the appointment is —
a
approved by a majority of the members of the authority;
b
advertised in one or more newspapers circulating in the area of the authority;
c
of a person who has submitted an application to the authority;
d
of a person who has not within the period of five years immediately preceding the date of the appointment been a member or officer of the authority; and
e
of a person who is not a relative or close friend of a member or officer of the authority.
Transitional provision for independent members
5
Where an authority has before the date on which these Regulations come into force established a committee, which has among its functions that of promoting and maintaining high standards of conduct by the members and co-opted members of the authority, and which includes any person who is not a member or officer of that or any other relevant authority —
a
that committee may be treated by the authority as if it were a standards committee for the purposes of the Act;
b
subject to sub-paragraph (c) these Regulations shall apply to that committee; and
c
regulation 4 shall not apply to that committee until the end of the period of two years beginning with the date on which these Regulations come into force.
Validity of proceedings
6
1
Subject to paragraph (2), a meeting of a standards committee or sub-committee of a standards committee shall not be quorate unless at least three members (including at least one independent member) of that committee or sub-committee are present for its duration.
2
Where at least one independent member would have been present for the duration of the meeting but for the fact that he was prevented or restricted from participating in any business of the authority by virtue of its code of conduct, the requirement in paragraph (2) for the quorum to include at least one independent member shall not apply.
Application of the Local Government Act 1972
7
1
Subject to paragraphs (2) and (3), Part VA of the 1972 Act shall apply in relation to meetings of a standards committee, or sub-committee of a standards committee, of an authority as it applies to meetings of a principal council.
2
Sections 100E, 100G, 100J, and 100K of the 1972 Act shall not be so applied.
3
Where a responsible authority must act in accordance with sections 100A(6)(a), 100B(1) or 100C(1) of the 1972 Act by virtue of paragraph (1), it shall also give to every parish council for which it is responsible —
a
written notice of the time and place of the meeting at least three clear days before that meeting or, if the meeting is convened at shorter notice, then at the time it is convened;
b
a copy of the agenda for a meeting and copies of any report for a meeting at least three clear days before the meeting, except that —
i
where the meeting is convened at shorter notice, the copies of the agenda and reports shall be given to the parish council from the time the meeting is convened; and
ii
where an item is added to an agenda, copies of which have been given to the parish council, copies of the item (or of the revised agenda), and the copies of any report for the meeting relating to the item shall be given to the parish council from the time the item is added to the agenda,
but nothing in this sub-paragraph requires copies of any agenda, item or report to be given to the parish council until copies are available to members of the responsible authority;
c
after the meeting, a copy of the minutes excluding so much of the minutes of proceedings during which the meeting was not open to the public under section 100A(4) of the 1972 Act, or where applicable, a copy of a summary made under section 100C(2) of that Act;
d
after the meeting, a copy of the agenda for the meeting; and
e
after the meeting, a copy of so much of any report for the meeting as relates to any item during which the meeting was open to the public.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State
Department for Transport, Local Government and the Regions
1st August 2001


text:
Citation and commencement
1
This Order may be cited as the Capital Allowances (Energy-saving Plant and Machinery) Order 2001 and shall come into force on 7th August 2001.
Interpretation
2
In this Order —
“ Capital Allowances Act ” means the Capital Allowances Act 2001;
“Energy Technology Criteria List” means the list dated 26th March 2001 and published by the Department of the Environment, Transport and the Regions on 1st April 2001;
“Energy Technology Product List” means the list dated 30th March 2001 and published by the Department of the Environment, Transport and the Regions on 1st April 2001.
Description of energy-saving plant and machinery
3
1
Plant or machinery is energy-saving plant or machinery for the purposes of section 45A of the Capital Allowances Act (expenditure on energy-saving plant or machinery) if —
a
it falls within a technology class specified in the Energy Technology Criteria List,
b
it meets the energy-saving criteria set out in that List, and
c
in the case of plant or machinery falling within any of the technology classes specified in paragraph (2), it is of a type that —
i
is specified in, and has not been removed from, the Energy Technology Product List, or
ii
has been accepted for inclusion in the Energy Technology Product List.
2
The technology classes specified for the purposes of paragraph (1)(c) are —
a
boilers,
b
motors and drives,
c
refrigeration,
d
thermal screens.
Certification of energy-saving plant and machinery
4
1
In the case of plant or machinery falling within the technology class “Combined Heat and Power” specified in the Energy Technology Criteria List, no section 45A allowance may be made unless a relevant certificate of energy efficiency is in force with respect to that plant or machinery.
2
In paragraph (1) “section 45A allowance” and “relevant certificate of energy efficiency” have the meanings given by section 45B of the Capital Allowances Act.
Energy-saving components of plant or machinery
5
Where one or more components of certain plant or machinery (but not all of that plant or machinery) —
a
meets the conditions set out in article 3(1)(a) to (c), and
b
falls within any of the technology classes specified in article 3(2)(a) to (c),
the amount specified in respect of each such component for the purposes of section 45C of the Capital Allowances Act is the amount specified in the Energy Technology Product List in relation to that component.
Energy services providers
6
The class of plant or machinery specified for the purposes of section 180A(2) of the Capital Allowances Act is the technology class “Combined Heat and Power” specified in the Energy Technology Criteria List.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bebington and West Wirral Primary Care Trust (Establishment) Order 2001 and shall come into force on 23rd 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 Bebington and West Wirral 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 Bebington and West Wirral 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 Wirral 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 Wirral 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.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
12th February 2001