text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Collective Investment Schemes) Order 2001 and comes into force on the day on which section 19 of the Act comes into force.
Interpretation
2
In this Order —
“the Act” means the Financial Services and Markets Act 2000;
“the 1988 Act ” means the Income and Corporation Taxes Act 1988 ;
“authorised unit trust scheme” has the meaning given by section 237(3) of the Act;
“contract of insurance” and “contract of long term insurance” have the meaning given by article 3(1) of the Regulated Activities Order ;
“feeder fund” means an authorised unit trust scheme the sole object of which is investment in units of a single authorised unit trust scheme or shares in a single open-ended investment company;
“franchise arrangements” means arrangements under which a person earns profits or income by exploiting a right conferred by the arrangements to use a trade mark or design or other intellectual property or the good-will attached to it;
“funeral plan contract” has the meaning given by article 59 of the Regulated Activities Order;
“individual pension account” has the meaning given by regulation 4 of the Personal Pension Schemes (Restriction on Discretion to Approve) (Permitted Investments) Regulations 2001 ;
“occupational pension scheme” and “personal pension scheme” have the meaning given by section 1 of the Pension Schemes Act 1993 ;
“the operator” has the meaning given by section 237(2) of the Act;
“personal pension unit trust” means a personal pension scheme which is an authorised unit trust scheme of a kind mentioned in Part I of Schedule 1 to the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 ;
“recognised scheme” has the meaning given by section 237(3) of the Act;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“timeshare rights” has the meaning given by section 1 of the Timeshare Act 1992 .
Arrangements not amounting to a collective investment scheme
3
Arrangements of the kind specified by the Schedule to this Order do not amount to a collective investment scheme.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
19th March 2001


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2001 and shall come into force on 6th April 2001.
2
It shall take effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 5th April 2001.
2
For Table A in section 57 of the Value Added Tax Act 1994 there shall be substituted the following —
TABLE A Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period 3 month period 1 month period
£ £ £ Diesel engine
2000 or less
900.00 225.00 75.00
More than 2000
1,145.00 286.00 95.00 Any other type of engine
1400 or less
970.00 242.00 80.00 More than 1400 but not more than 2000 1,230.00 307.00 102.00 More than 2000 1,815.00 453.00 151.00
.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2001


text:
1
This Order may be cited as the A41 Trunk Road in Cheshire (No Man’s Heath Bypass) (Detrunking) Order 2001 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan”
means the plan, numbered HA 10/PS/327 and marked “The A41 Trunk Road in Cheshire (No Man’s Heath Bypass) (Detrunking) Order 2001” signed by the authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St. Leonards-on-Sea, 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 purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A41 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 Transport, Local Government and the Regions
Kevin Lasbury
Highways Agency
21st November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Falmouth & Truro Port Health (Amendment) Order 2001 and shall come into force on 1st February 2001.
2
In this Order, unless the context otherwise requires “ the Order ” means the Falmouth & Truro Port Health Authority Order 1988 ;
and other expressions have the same meanings as in the Order.
Amendment of the area of the port health authority bounded by article 3 of this Order
2
For sub-paragraphs (2)(a) to (c) of article 3 of the Order, there shall be substituted the following sub-paragraphs: —
a
to the north-east by a line from Ordnance Survey reference point SW 9595 4107 (Portholland) south-east to a point at sea at Ordnance Survey reference point SW 0000 3800;
b
to the south-east by a line from the point at sea at Ordnance Survey reference point SW 0000 3800 south-west via a point at sea at Ordnance Survey reference point SW 7000 0800 south of the Lizard and to a point on land at Ordnance Survey reference point SW 5598 2800 (King’s Cove) which lies at the south-west boundary of Kerrier District Council;
c
by the mean high water line along the coast between the points at Ordnance Survey reference point SW 9595 4107 (Portholland) and SW 5598 2800 (King’s Cove); and
d
by the north coast of the Districts of Carrick and Kerrier, extending seaward within territorial limits
;
Amendment of the membership of the joint board prescribed in article 3 of the Order
3
For paragraph (4) of article 3 of the Order, there shall be substituted the following paragraph: —
4
The joint board shall consist of 12 members of whom 8 shall be appointed by the members of the council of Carrick District Council and 4 shall be appointed by the members of the council of Kerrier District Council
.
Amendment of contributions towards expenses in article 9 of the Order
4
In the fourth line of article 9 of the Order, for the words, “seven-eighths” there shall be substituted the words, “two-thirds”, and for the words, “one-eighth”, there shall be substituted the words, “one third”.
Signed by the authority of the Secretary of State for Health
Dr David Salisbury
Principal Medical Officer,
Department of Health
January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for St George’s 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 St George’s Healthcare National Health Service Trust;
“the Special Trustees” means the Special Trustees for St George’s 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 30th November 2000.
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 St George’s Healthcare National Health Service Trust.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
24th January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Chorley and South Ribble 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 Chorley and South Ribble 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 Chorley and South Ribble 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 South 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 South 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 Chorley & South Ribble 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
12th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hinckley and Bosworth 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 Hinckley and Bosworth 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 Hinckley and Bosworth 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 Leicestershire 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 Leicestershire 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 Leicestershire and Rutland 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
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet, Enfield and Haringey Mental Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“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 ;
“establishment date” means 1st April 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Barnet, Enfield and Haringey Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Barnet, Enfield and Haringey Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Barnet, Enfield and Haringey Mental Health National Health Service Trust, Avon Villa, Chase Farm Hospital, The Ridgeway, Enfield, Middlesex EN2 8JL; and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
Enfield and Haringey Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
22nd March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 3) Regulations 2001 and shall come into force on 5th April 2001.
Amendment of regulation 73 of the Motor Vehicles (Driving Licences) Regulations 1999 (disabilities prescribed in respect of group 2 licences)
2
Regulation 73 of the Motor Vehicles (Driving Licences) Regulations 1999 shall be amended in accordance with the following regulations.
3
For paragraph (9) shall be substituted the following paragraph —
9
Diabetes requiring insulin treatment is prescribed for the purposes of section 92(4)(b) in the case of a person who —
a
is an applicant for a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes), and
b
satisfies the Secretary of State that he has for at least 4 weeks been undergoing treatment with insulin,
provided that he satisfies the conditions mentioned in paragraph (10).
.
4
In paragraph (10) —
1
sub-paragraph (a) shall be omitted;
2
in sub-paragraph (d), the words “during his normal working hours” shall be omitted;
3
after sub-paragraph (d) shall be inserted the following sub-paragraph —
dd
he provides a declaration signed by him that he will —
i
so far as reasonably practicable comply with such directions regarding his treatment for diabetes as may for the time being be given to him by the doctor supervising that treatment;
ii
immediately report to the Secretary of State in writing any significant change in his condition; and
iii
provide such evidence as the Secretary of State may request that he continues to carry out the monitoring referred to in sub-paragraph (e) below,
; and
4
for sub-paragraph (e) shall be substituted the following sub-paragraph —
e
he regularly monitors his condition and, in particular, undertakes blood glucose monitoring at least twice daily and at times relevant to —
i
if he has held a licence authorising the driving of vehicles in sub-category C1, C1+E or C1+E (8.25 tonnes) for at least 12 months since starting his insulin treatment, the driving of such vehicles, and
ii
in any other case, the driving of motor vehicles generally.
Signed by the authority of the Secretary of State
Larry Whitty
Parliamentary Under-Secretary of State,
Department of the Environment, Transport and the Regions
13th March 2001


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Government Overseas Assistance (London Pensions Fund Authority) Order 2001 and shall come into force on 5th December 2001.
2
This Order does not extend to Scotland.
Amendment to the Local Government (Overseas Assistance) Act 1993
2
In section 1 of the Local Government (Overseas Assistance) Act 1993 (power to provide advice and assistance) in subsection (10) (bodies which are local authorities), after paragraph (f) (the Broads Authority) there shall be inserted —
ff
the London Pensions Fund Authority;
.
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
7th November 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Mersey Community National Health Service Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the North Mersey Community National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of NHS trust Establishment Order
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 Rathbone Hospital, Mill Lane, Liverpool L9 7JP;
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health.
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
PART I
General
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Law Applicable to Contracts of Insurance) Regulations 2001 and come into force on the day on which section 19 of the Act comes into force.
Interpretation
2
1
In these Regulations —
“the Act” means the Financial Services and Markets Act 2000;
“the 1990 Act ” means the Contracts (Applicable Law) Act 1990 ;
“applicable law”, in relation to a contract of insurance, means the law that is applicable to that contract;
“contract of general insurance” and “contract of long-term insurance” have the meanings given by the Regulated Activities Order ;
“ EEA State of the commitment” means, in relation to a contract of long-term insurance entered into on a date —
if the policyholder is an individual, the EEA State in which he resides on that date; or
otherwise, the EEA State in which the establishment of the policyholder to which the contract relates is situated on that date;
“establishment”, in relation to a person (“A”), means —
A’s head office;
any of A’s agencies;
any of A’s branches; or
any permanent presence of A in an EEA State, which need not take the form of a branch or agency and which may consist of an office managed by A’s staff or by a person who is independent of A but has permanent authority to act for A as if he were an agency;
“large risk” has the meaning given by Article 5(d) of the first non-life insurance directive and includes risks specified by paragraph (iii) of that definition insured by professional associations, joint ventures or temporary groups;
“mandatory rules” means the rules from which the law allows no derogation by way of contract;
“the Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
2
References to the EEA State where the risk covered by a contract of insurance is situated are to —
a
if the contract relates to buildings or to buildings and their contents (in so far as the contents are covered by the same contract of insurance), the EEA State in which the property is situated;
b
if the contract relates to vehicles of any type, the EEA State of registration;
c
if the contract covers travel or holidays risks and has a duration of four months or less, the EEA State in which the policyholder entered into the contract;
d
in any other case —
i
if the policyholder is an individual, the EEA State in which he resides on the date the contract is entered into;
ii
otherwise, the EEA State in which the establishment of the policyholder to which the contract relates is situated on that date.
3
References to the country in which a person resides are to —
a
if he is an individual, the country in which he has his habitual residence;
b
in any other case, the country in which he has his central administration.
4
Where an EEA State (including the United Kingdom) includes several territorial units, each of which has its own laws concerning contractual obligations, each unit is to be considered as a separate state for the purposes of identifying the applicable law under these Regulations.
Scope of these Regulations
3
1
These Regulations do not apply to contracts of reinsurance.
2
These Regulations apply to contracts of insurance which are entered into by friendly societies as follows —
a
Part II applies to a contract of insurance entered into by a friendly society to which section 37(3) of the Friendly Societies Act 1992 applies;
b
Part III applies to a contract of insurance entered into by a friendly society to which section 37(2) of that Act applies; and
c
Part II applies to any other contract of insurance entered into by a friendly society which covers a risk situated in an EEA State with the following modifications —
i
paragraph (1) of regulation 4 does not apply;
ii
regulation 4 applies only where the policyholder is an individual; and
iii
regulation 7 applies as if for the words “the 1990 Act is deemed to apply” in each case there were substituted the words “the general rules of private international law of that part of the United Kingdom concerning contractual obligations apply”.
PART II
Contracts of General Insurance
Applicable law
4
1
This Part applies to a contract of general insurance which covers risks situated in an EEA State.
2
If the policyholder resides in the EEA State in which the risk is situated, the applicable law is the law of that EEA State unless, if such a choice is permitted under the law of that EEA State, the parties to the contract choose the law of another country.
3
If the policyholder does not reside in the EEA State in which the risk is situated, the parties to the contract may choose as the applicable law either —
a
the law of the EEA State in which the risk is situated; or
b
the law of the country in which the policyholder resides.
4
If the policyholder carries on a business (including a trade or profession) and the contract covers two or more risks relating to that business which are situated in different EEA States, the freedom of the parties to choose the applicable law conferred by this regulation extends to the law of any of those EEA States and of the country in which the policyholder resides.
5
If any of the EEA States referred to in paragraph (3) or (4) grant greater freedom of choice of the applicable law, the parties to the contract may take advantage of that freedom.
6
Notwithstanding paragraphs (2) to (4), if the risks covered by the contract are limited to events occurring in one EEA State other than the EEA State in which the risk is situated, the parties may choose the law of the former EEA State as the applicable law.
7
Notwithstanding paragraphs (2) to (4), if the risk covered by the contract is a large risk the parties may choose any law as the applicable law.
8
Where the foregoing provisions of this regulation allow the parties to the contract to choose the applicable law and if no choice has been made, or no choice has been made which satisfies the requirement set out in regulation 6(1), the applicable law is the law of the country, from amongst those considered in the relevant paragraph (“the relevant countries”), which is most closely connected with the contract; however, where a severable part of the contract has a closer connection with another relevant country, the law applicable to that part is, by way of exception, the law of that relevant country.
9
For the purposes of paragraph (8), the contract is rebuttably presumed to be most closely connected with the EEA State in which the risk is situated.
Mandatory rules
5
1
Nothing in regulation 4 restricts the application of the mandatory rules of any part of the United Kingdom, irrespective of the applicable law of the contract.
2
If the parties to the contract choose the applicable law under regulation 4 and if all the other elements relevant to the situation at the time when the parties make their choice are connected with one EEA State only, the application of the mandatory rules of that EEA State is not prejudiced.
Choice of law
6
1
Any choice made by the parties under regulation 4 must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case.
2
Where the parties to the contract may choose the applicable law under regulation 4, and where the risk to which the contract relates is covered by Community co-insurance (within the meaning of Council Directive 78/473/ EEC on the coordination of laws, regulations and administrative provisions relating to Community co-insurance) ), co-insurers other than the leading insurer (within the meaning of that Directive) are not to be treated as parties to the contract.
The 1990 Act
7
1
Subject to the preceding provisions of this Part, the 1990 Act is to be treated as applying to the contract for the purposes of determining the applicable law.
2
In determining whether the mandatory rules of another EEA State should be applied in accordance with regulation 5(2) where the parties have chosen the law of a part of the United Kingdom as the applicable law, the 1990 Act is to be treated as applying to the contract.
3
In determining what freedom of choice the parties have under the law of a part of the United Kingdom, the 1990 Act is to be treated as applying to the contract.
PART III
Contracts of Long-Term Insurance
Applicable law
8
1
This Part applies to a contract of long-term insurance if —
a
where the policyholder is an individual, he resides in an EEA State;
b
otherwise, the establishment of the policyholder to which the contract relates is situated in an EEA State.
2
The applicable law is the law of the EEA State of the commitment unless, if such a choice is permitted under the law of that EEA State, the parties choose the law of another country.
3
If the policyholder is an individual and resides in one EEA State but is a national or citizen of another, the parties to the contract may choose the law of the EEA State of which he is a national or citizen as the applicable law.
Mandatory rules
9
Nothing in regulation 8 affects the application of the mandatory rules of any part of the United Kingdom, irrespective of the applicable law of the contract.
The 1990 Act
10
1
Subject to the preceding provisions of this Part, the 1990 Act is to be treated as applying to the contract for the purposes of determining the applicable law.
2
In determining what freedom of choice the parties have under the law of a part of the United Kingdom, the 1990 Act is to be treated as applying to the contract.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
19th July 2001


text:
Title, commencement and extent
1
1
This Order may be cited as the Diseases of Animals (Approved Disinfectants) (Amendment) (England) Order 2001 and shall come into force at 5.00 p.m. on 28th February 2001.
2
This Order shall apply to England only.
Amendments to the Diseases of Animals (Approved Disinfectants) Order 1978
2
The Diseases of Animals (Approved Disinfectants) Order 1978 (“the 1978 Order ”) shall be amended by adding the entries listed in the Schedule to this Order to Schedule 1 to the 1978 Order.
Signed at 2.40 p.m. On 28th February 2001
Hayman
Minister of State, Ministry of Agriculture, Fisheries and Food


text:
PART I:
GENERAL
Title, commencement and extent
1
This Order may be cited as the Terrorism Act 2000 (Enforcement of External Orders) Order 2001 and shall come into force on the second day after the day on which it is made.
Revocation
2
The Prevention of Terrorism (Temporary Provisions) Act 1989 (Enforcement of External Orders) Order 1995 is hereby revoked.
Interpretation
3
1
In this Order —
“court of a designated country” includes a court of any state or territory of a designated country;
“appropriate authority of a designated country” means —
the authority of a designated country specified opposite that country in column 2 of the table in the Schedule to this Order, or
where no authority is so specified, the authority appearing to the court to be the appropriate authority for the purposes of this Order;
“designated country” means a country or territory designated under article 4 of this Order;
“the 2000 Act ” means the Terrorism Act 2000.
2
The following provisions of this article have effect for the interpretation of this Order.
3
Proceedings are instituted in a designated country when —
a
under the law of the designated country concerned, one of the steps specified in relation to that country in column 3 of the table in the Schedule to this Order has been taken there in respect of the commission of an alleged offence, or
b
an application has been made to a court of a designated country for an external forfeiture order,
and where the application of this paragraph would result in there being more than one time for the institution of proceedings, they shall be taken to have been instituted at the earliest of those times.
4
Proceedings are concluded in a designated country —
a
when an external forfeiture order has been made in those proceedings and effect has been given to it in respect of all the money or other property to which it applies, or
b
when (disregarding any power of a court in a designated country to grant leave to appeal out of time) there is no further possibility of an external forfeiture order being made in the proceedings.
5
An external order is subject to appeal until (disregarding any power of a court to grant leave to appeal out of time) there is no further possibility of an appeal on which the order could be varied or set aside.
Designation of countries and territories
4
Each of the countries and territories specified in column 1 of the table in the Schedule to this Order is hereby designated for the purposes of paragraphs 14, 28 and 44 of Schedule 4 to the 2000 Act.
Proof of orders and judgment of court of a designated country
5
1
For the purposes of this Order —
a
any order made or judgment given by a court of a designated country purporting to bear the seal of that court, or to be signed by any person in his capacity as a judge, magistrate or officer of the court, shall be deemed without further proof to have been duly sealed or, as the case may be, to have been signed by that person, and
b
a document, duly authenticated, which purports to be a copy of any order made or judgment given by a court of a designated country shall be deemed without further proof to be a true copy.
2
A document purporting to be a copy of any order made or judgment given by a court of a designated country is duly authenticated for the purposes of paragraph (1)(b) above if it purports to be certified by any person in his capacity as a judge, magistrate or officer of the court in question or by, or on behalf of, the appropriate authority of the designated country.
Evidence in relation to proceedings and orders in a designated country
6
1
The following provisions of this article have effect for the purposes of this Order.
2
A certificate purporting to be issued by or on behalf of the appropriate authority of a designated country stating —
a
that proceedings have been instituted and have not been concluded, or that proceedings are to be instituted, there,
b
that an external order is in force and is not subject to appeal,
c
that property recoverable in the designated country under an external order remains unrecovered there,
d
that any person has been notified of any proceedings in accordance with the law of the designated country, or
e
that an order (however described) made by a court of a designated country is an external order, or that an order, if made by a court of a designated country, would be an external order,
shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of the facts so stated.
3
A statement contained in a document, duly authenticated, which purports to have been received in evidence or to be a copy of a document so received, or to set out or summarise evidence given in proceedings in a court of a designated country, shall be admissible as evidence or, for the purposes of Part III of this Order, constitute sufficient evidence, of any fact stated therein.
4
A document is duly authenticated for the purposes of paragraph (3) above if it purports to be certified by any person in his capacity as judge, magistrate or officer of the court of a designated country, or by or on behalf of the appropriate authority of the designated country, to have been received in evidence or to be a copy of a document so received, or, as the case may be, to be the original document containing or summarising the evidence or a true copy of that document.
PART II:
ENFORCEMENT OF EXTERNAL ORDERS IN ENGLAND AND WALES
Application of this Part
7
This Part applies for the purpose of enabling the enforcement in England and Wales of external orders.
Representation of government of a designated country
8
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Crown Prosecution Service to act on its behalf in proceedings pursuant to this Part of this Order.
Registration of external forfeiture orders
9
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgement, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
10
1
On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in England and Wales would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
11
1
If an external forfeiture order is registered in the High Court under article 9(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 2(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 3 of that Schedule applies accordingly) but any reference in the said paragraph 2(1) to “the proper officer” shall, for the purposes of this article, mean the appropriate officer of the High Court.
2
After making any payment required by virtue of paragraph 2(1)(d) or 3 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of an order made under paragraph (1) above shall be paid by him to the Secretary of State.
Statutory provisions applicable where external restraint order has been registered
12
Paragraphs 7 and 8 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 10(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 33 of the Supreme Court Act 1981 (extended power to order inspection of property etc. ) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
13
1
Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 9 or 10 above —
a
the High Court shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the High Court.
2
The High Court may, additionally, for the purpose of —
a
assisting the achievement in England and Wales of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
PART III:
ENFORCEMENT OF EXTERNAL ORDERS IN SCOTLAND
Application of this Part
14
This Part applies for the purposes of enabling the enforcement in Scotland of external orders.
Representation of government of a designated country
15
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of that country for the Lord Advocate to act on its behalf in proceedings pursuant to this Part of this Order.
Registration of external forfeiture orders
16
1
On an application made by or on behalf of the Government of a designated country, the Court of Session may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgement, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
17
1
On an application made by or on behalf of the Government of a designated country, the Court of Session may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in Scotland would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the court of Session that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
18
If an external forfeiture order is registered in the Court of Session under article 16(1) above, the court shall have, in relation to that order, the same powers as a court has under paragraph 16(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it and paragraphs 16(3) to (5) and 17 of that Schedule apply accordingly.
Statutory provisions applicable where external restraint order has been registered
19
Paragraphs 20 and 21 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the Court of Session under article 17(1) above as they apply to a restraint order and the Court of Session shall have the like power to make an order under section 1 of the Administration of Justice (Scotland) Act 1972 (extended power to order inspection of documents etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the Court of Session.
Enforcement of registered external orders
20
1
Without prejudice to the foregoing provisions, if an external order is registered in the Court of Session under article 16 or 17 above —
a
the Court of Session shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect to any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the Court of Session.
2
The Court of Session may, additionally, for the purpose of —
a
assisting the achievement in Scotland of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of property,
make such orders or do otherwise as seems to it appropriate.
PART IV:
ENFORCEMENT OF EXTERNAL ORDERS IN NORTHERN IRELAND
Application of this Part
21
This Part applies for the purpose of enabling the enforcement in Northern Ireland of external orders.
Representation of government of a designated country
22
A request for assistance sent to the Secretary of State by the appropriate authority of a designated country shall, unless the contrary is shown, be deemed to constitute the authority of the government of that country for the Director of Public Prosecutions for Northern Ireland, or the Crown Solicitor for Northern Ireland, to act on its behalf in proceedings pursuant to this Part of this Order.
Registration of external forfeiture orders
23
1
On an application made by or on behalf of the government of a designated country, the High Court may register an external forfeiture order made there if —
a
it is satisfied that at the time of registration the order is in force and not subject to appeal,
b
it is satisfied, where the person against whom the order is made did not appear in the proceedings in which the relevant order was made, that he received notice of the proceedings in sufficient time to enable him to defend them, and
c
it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.
2
In paragraph (1) above, “appeal” includes —
a
any proceedings by way of discharging or setting aside a judgement, and
b
an application for a new trial or a stay of execution.
Registration of external restraint orders
24
1
On an application made by or on behalf of the Government of a designated country, the High Court may, subject to paragraph (2) below, register an external restraint order made there if —
a
it is satisfied that at the time of registration the order is in force, and
b
it is of the opinion that enforcing the order in Northern Ireland would not be contrary to the interests of justice.
2
An external restraint order may only be registered where —
a
proceedings have been instituted against a person in a designated country, the proceedings have not been concluded, and either an external forfeiture order has been made in the proceedings or it appears to the High Court that there are reasonable grounds for thinking that such an order may be made in those proceedings, or
b
proceedings are to be instituted against a person in a designated country and there are reasonable grounds for thinking that an external forfeiture order may be made in those proceedings.
Implementation of registered external forfeiture orders
25
1
If an external forfeiture order is registered in the High Court under article 23(1) above, the High Court shall have, in relation to that order, the same powers as a court has under paragraph 30(1) of Schedule 4 to the 2000 Act (implementation of forfeiture orders) in relation to a forfeiture order made by it (and paragraph 31 of that Schedule applies accordingly) but any reference in the said paragraph 30(1) to “the proper officer” shall, for the purposes of this article, mean the appropriate officer of the High Court.
2
After making any payment required by virtue of paragraph 30(1)(d) or 22 of Schedule 4 to the 2000 Act, the balance of any sums received by the appropriate officer of the High Court by virtue of such an order made under paragraph (1) above shall be paid into or disposed for the benefit of the Consolidated Fund.
Statutory provisions applicable where external restraint order has been registered
26
Paragraphs 35 and 38 of Schedule 4 to the 2000 Act shall apply to an external restraint order registered in the High Court under article 24(1) above as they apply to a restraint order and the High Court shall have the like power to make an order under section 21 of the Administration of Justice Act 1969 (extended power to order inspection of property etc.) in relation to proceedings brought or likely to be brought for an external restraint order as if those proceedings had been brought or were likely to be brought in the High Court.
Enforcement of registered external orders
27
1
Without prejudice to the foregoing provisions, if an external order is registered in the High Court under article 23 or 24 above —
a
the High Court shall have, in relation to its enforcement, the same power,
b
proceedings for or with respect to its enforcement may be taken, and
c
proceedings for or with respect of any contravention of such an order (whether before or after such registration) may be taken,
as if the order had originally been made in the High Court.
2
The High Court may, additionally, for the purpose of —
a
assisting the achievement in Northern Ireland of the purposes of an external order, or
b
assisting any receiver or other person directed by any such order to sell or otherwise dispose of the property,
make such orders or do otherwise as seems to it appropriate.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Basingstoke and Deane (Electoral Changes) Order 2001.
2
This article and articles 2, 3, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
Article 5 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parish of Dummer to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
4
Articles 4, 6 and 7 of this Order shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of parish councillors for the parishes of Bramley, Sherborne St John and Sherfield on Loddon, respectively, to be held on 6th May 2004, on 10th October 2003;
b
for all other purposes, on 6th May 2004.
5
In this Order —
“borough” means the borough of Basingstoke and Deane;
“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 Basingstoke and Deane (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 Basingstoke and Deane
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty 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 parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Basingstoke and Deane
3
1
Subject to the following provisions of this article, elections of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Where the number of councillors elected in 2002 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Bramley
4
The parish of Bramley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Dummer
5
The parish of Dummer shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Sherborne St John
6
1
The existing wards of the parish of Sherborne St John shall be abolished.
2
The parish of Sherborne St John shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Sherfield on Loddon
7
The parish of Sherfield on Loddon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Parish Elections
8
1
Elections of all parish councillors for the parishes of Ashmansworth, Burghclere, East Woodhay, Ecchinswell and Sydmonton, Highclere, Newtown, Pamber and St. Mary Bourne shall be held simultaneously on the ordinary day of election of councillors in 2002 and every fourth year after 2002.
2
Elections of all parish councillors for the parishes of Cliddesden, Ellisfield, Herriard and Upton Grey shall be held simultaneously on the ordinary day of election of councillors in 2003 and every fourth year after 2003.
3
Elections of all parish councillors for the parishes referred to in Schedule 7 shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
4
The term of office of parish councillors elected in accordance with any of paragraphs (1) to (3) shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
9
The Borough of Basingstoke and Deane (Electoral Arrangements) Order 1992 and the District of Basingstoke (Electoral Arrangements) Order 1975 are hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
14th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Stoke-on-Trent (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“city” means the city of Stoke-on-Trent;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the City of Stoke-on-Trent (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the city of Stoke-on-Trent
2
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Stoke-on-Trent
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
Of the councillors elected in 2002 in each ward of the city —
a
the first to retire, in 2003, shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes;
b
the second to retire, in 2004, shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes; and
c
the remaining councillor shall retire in 2006.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
8
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The City of Stoke-on-Trent (Electoral Arrangements) Order 1976 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th April 2001


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Trafford Park) Order 2001 and shall come into force on 2nd March 2001.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1992 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1992 ;
“authorised works” means the works authorised by the 1992 Act;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of deviation” means the limits of lateral deviation for the scheduled work mentioned in article 4(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“occupier” means a person occupying land under a tenancy for a period of more than one month (not being a statutory tenant within the meaning of the Rent Act 1977 or the Rent (Agriculture) Act 1976 ;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or agreement, where the unexpired term of that lease or agreement exceeds 3 years;
“the scheduled work” means the work specified in Schedule 1 to this Order or any part of it;
“the sections” means the sections certified by the Secretary of State as the sections for the purposes of this Order;
“street” includes part of a street;
“street tramway” means any part of a transit system which is laid along a street —
whether or not the section of the street in which its rails are laid may be used by other traffic; and
whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“tramroad” means any part of a transit system which is not a street tramway;
“transit system” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels, and
are laid in part along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“ the tribunal ” means the Lands Tribunal;
“ the undertaker ” means Greater Manchester Passenger Transport Executive;
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
All distances, directions and lengths stated in the description of the scheduled work or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a tramroad shall be taken to be measured along the tramroad.
PART II
WORKS PROVISIONS
Principal powers
Power to construct and maintain work
3
1
Subject to paragraphs (5) and (6) below, the undertaker may construct and maintain the scheduled work in lieu of so much of Work No. 3 of the 1992 Act as lies between the commencement and termination points of the scheduled work and may construct and maintain the remainder of that work under the 1992 Act to join the scheduled work.
2
Subject to article 4 below, the scheduled work may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
The undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of the construction of, the scheduled work, namely —
a
stations, platforms and stopping places,
b
works required for, or in connection with, the control of any vehicular and pedestrian traffic,
c
works for the strengthening, alteration or demolition of any building or structure,
d
works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables,
e
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses,
f
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the other works authorised by this Order, and
g
replacement facilities and works for the benefit or protection of premises affected by the other works authorised by this Order.
4
The undertaker may carry out such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the scheduled work.
5
If the undertaker constructs the scheduled work, the undertaker shall not construct that part of Work No. 3 of the 1992 Act in lieu of which the scheduled work is authorised to be constructed.
6
If the undertaker constructs any part of Work No. 3 of the 1992 Act between the commencement and termination points of the scheduled work, the undertaker shall not construct the scheduled work.
Power to deviate
4
1
In constructing or maintaining the scheduled work, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation for that work shown on those plans, and
b
deviate vertically from the levels shown on the sections —
i
to any extent not exceeding 3 metres upwards, and
ii
to any extent downwards.
2
The undertaker may in constructing or maintaining the scheduled work provide within the limits of deviation such number of lines of rails and sidings as may be necessary or expedient.
Application of the Greater Manchester (Light Rapid Transit System) Act 1992
5
The following provisions of the 1992 Act shall apply to the scheduled work as if it were a work authorised by that Act and were included within the definition of “the tramroads” in section 2 of that Act —
section 6 (gauge of tramroads and tramway),
section 8 (plans to be approved by Secretary of State before works commenced),
section 9 (approval of Secretary of State),
section 10 (certain works to be deemed tramways, etc. ),
section 11 (extension of powers).
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
6
The undertaker may acquire compulsorily so much of the land shown on the land plans and described in the book of reference as may be required for the purposes of the scheduled work or the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.
Application of Part I of the Compulsory Purchase Act 1965
7
1
Part I of the 1965 Act, insofar as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies, and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted, and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month, or
ii
in any other case, a reference to notice of 3 months.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
8
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
In its application by virtue of paragraph (1) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be inserted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette and in a local newspaper circulating in the area in which the land is situated”, and
ii
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the Compulsory Purchase Act 1965 shall be construed as references to that Act as applied to the acquisition of land under article 7 above.
Powers to acquire new rights
9
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 6 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 2 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
3
Schedule 2 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Rights under or over streets
10
1
The undertaker may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the scheduled work or the authorised works and may use the surface, subsoil and air-space for those purposes or any other purpose connected with or ancillary to its transit system undertaking.
2
The power under paragraph (1) above may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street and the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
3
Any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) above is exercised without the undertaker acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
4
Paragraph (2) above shall not apply in relation to —
a
any subway or underground building, or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting on to the street.
Compensation
Disregard of certain interests and improvements
11
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
12
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 7 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”), and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
that the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
13
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement, or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land owned by the undertaker which is within the limits of land which may be acquired shown on the land plans and which is required for the purposes of this Order shall be extinguished on the appropriation of the land for any of those purposes by the undertaker.
3
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
4
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
Modification of 1992 Act
14
Part IV of the 1992 Act (protective provisions), other than section 17 (for protection of British Railways Board), and sections 43 (for protection of electricity, gas and water undertakers) and 44 (for protection of North West Water Authority) of the Greater Manchester (Light Rapid Transit System) Act 1988 as applied by the 1992 Act, shall have effect as if the powers of compulsory acquisition contained in this Order were contained in the 1992 Act and as if the reference to the deposited plans in subsection (3) of section 43 included a reference to the land plans prepared for the purposes of this Order.
Time limit for exercise of powers of acquisition
15
The powers conferred by this Order to acquire any land shall be deemed to have been exercised if, before the end of the period of 5 years beginning on the day on which this Order comes into force, notice to treat has been served in respect of the land but, subject thereto, the powers shall cease to have effect at the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Certification of plans etc.
16
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the sections, the land plans and the works plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
No double recovery
17
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department of the Environment, Transport and the Regions
9th February 2001