text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Railway Pensions (Designation, Substitution and Miscellaneous Provisions) Order 2001 and shall come into force on 13th July 2001.
2
In this Order —
“the 1994 Order ” means the Railway Pensions (Substitution) Order 1994 ;
“the 1995 Order ” means the Railway Pensions (Substitution and Miscellaneous Provisions) Order 1995 ;
“actuarial valuation” means an actuarial valuation of the Railways Pension Scheme made by the actuaries under the second paragraph of Clause 6B (Actuarial Valuations) of the Railways Pension Scheme or such other actuarial valuation made by the actuaries as the Secretary of State and the trustee of the Railways Pension Scheme may agree shall constitute an actuarial valuation for the purposes of this Order;
“actuaries” means the actuary appointed by the trustee of the Railways Pension Scheme under Clause 6B of that Scheme and the Government Actuary;
“business day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a Bank Holiday in England and Wales;
“the Article 2 Section” means the section of the Railways Pension Scheme designated in article 2 of this Order as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purposes of Part III of the Transport Act 1980;
“the Article 3 Section” means the section of the Railways Pension Scheme designated in article 3 of this Order as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purposes of Part III of the Transport Act 1980;
“the Railways Pension Scheme” means the occupational pension scheme established by the Railways Pension Scheme Order 1994 ;
“retail prices index” means the general index of retail prices (for all items) published by the Central Statistical Office;
“the Sections” means the Article 2 Section and the Article 3 Section;
“valuation date” means, in relation to any actuarial valuation, the date at which that valuation is made; and
a reference to an actuarial valuation which has been signed shall be taken to be a reference to an actuarial valuation which has been signed by or on behalf of the actuaries, and cognate expressions shall be construed accordingly.
3
Where this Order requires any payment to be made on any particular day that payment shall be made on that day, or if that day is not a business day on the next following business day.
4
Except so far as the context otherwise requires, any reference in this Order to a numbered article is to the article in this Order which bears that number.
The Article 2 Section
2
Those persons who —
a
have qualifying pension rights which were transferred from the BR Section of the Railways Pension Scheme to the 1994 Pensioners Section of the Railways Pension Scheme by virtue of a deed of amendment dated 4th December 2000 and made between the trustee of the Railways Pension Scheme, the Secretary of State, British Railways Board and others; and
b
on 30th June 1980 were members of the British Railways Superannuation Fund: New Section ,
shall be treated as constituting a section of the Railways Pension Scheme; and that section is hereby designated as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purposes of Part III of the Transport Act 1980, for the purpose of requiring or enabling the Secretary of State to make payments under sections 52(1), 52A, 52B or 52C of that Act.
The Article 3 Section
3
Those persons who —
a
have qualifying pension rights which were transferred from the BR Section of the Railways Pension Scheme to the 1994 Pensioners Section of the Railways Pension Scheme by virtue of a deed of amendment dated 4th December 2000 and made between the trustee of the Railways Pension Scheme, the Secretary of State, British Railways Board and others; and
b
on 30th June 1980 were members of the British Railways (Wages Grades) Pension Fund ,
shall be treated as constituting a section of the Railways Pension Scheme; and that section is hereby designated as a pension scheme which is to be treated as included among those schemes which are B.R. pension schemes for the purposes of Part III of the Transport Act 1980, for the purpose of requiring or enabling the Secretary of State to make payments under sections 52(1), 52A, 52B or 52C of that Act.
Termination dates and determination of unfunded obligations
4
1
The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Article 2 Section is 13th August 2001, and the liability of the Secretary of State to make to the persons administering the Article 2 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.
2
As at the termination date in relation to the Article 2 Section, the capital value of the unfunded obligations in the case of that section is £18,052,000, such amount having been determined by the Secretary of State.
3
The date which, for the purposes of section 52B of the Transport Act 1980, is to be the termination date in relation to the Article 3 Section is 13th August 2001, and the liability of the Secretary of State to make to the persons administering the Article 3 Section payments under section 52(1) of the Transport Act 1980 in relation to that section shall not continue after that date.
4
As at the termination date in relation to the Article 3 Section, the capital value of the unfunded obligations in the case of that section is £114,000, such amount having been determined by the Secretary of State.
Payments in respect of unfunded obligations
5
1
Schedule 1 to this Order shall have effect for the purpose of —
a
requiring the Secretary of State to make payments in respect of the capital values of the unfunded obligations specified in article 4(2) and (4); and
b
providing for the accrual and payment of interest on the outstanding balances of the capital values of the unfunded obligations specified in article 4(2) and (4).
2
Any payment required to be made by the Secretary of State under Schedule 1 shall be made to the persons administering the Sections.
Position if Sections are wound up
6
1
The obligations to make payments under Schedule 1 to this Order shall be discharged if both the Sections have, in the opinion of the Secretary of State, been wound up.
2
Where it appears to the Secretary of State that both the Sections may have been wound up, the Secretary of State shall consult the trustee of the Railways Pension Scheme in order to ascertain whether this is the case and shall thereafter make a determination as to whether both the Sections have been wound up.
3
The Secretary of State shall notify the trustee of the Railways Pension Scheme of any determination by him that in his opinion both the Sections have been wound up.
Amendment of the 1994 Order
7
Schedule 2 to this Order shall have effect for the purpose of amending the 1994 Order.
Amendment of the 1995 Order
8
Schedule 3 to this Order shall have effect for the purpose of amending the 1995 Order.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport, Local Government and the Regions
20th June 2001


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Test Valley (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 Test Valley;
“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 Test Valley (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 Test Valley
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-four wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the 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 the 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 Romsey
3
1
The existing wards of the parish of Romsey shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Abbey, Cupernham and Tadburn; each parish 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 five.
Parish of Chilworth: ward name
4
The existing parish ward of Valley Park of the parish of Chilworth shall be known as the parish ward of Chilworth North of that parish.
Revocation
5
The District of Test Valley (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
14th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Staffordshire Moorlands (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 10th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Staffordshire Moorlands;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the District of Staffordshire Moorlands (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 ; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Staffordshire Moorlands
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven 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 Biddulph
3
1
The existing wards of the parish of Biddulph shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Biddulph East, Biddulph Moor, Biddulph North, Biddulph South and Biddulph West; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Biddulph Moor and Biddulph South parish wards shall be two, and for each of the Biddulph East, Biddulph North and Biddulph West parish wards shall be six.
Wards of the parish of Cheadle
4
1
The existing wards of the parish of Cheadle shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Cheadle North East, Cheadle South East and Cheadle West; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Cheadle North East and Cheadle South East parish wards shall be six, and for the Cheadle West parish ward shall be nine.
Wards of the parish of Cheddleton
5
1
The existing wards of the parish of Cheddleton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names of Cheddleton, Southlowe and Wetley Rocks; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Cheddleton parish ward shall be eleven and for each of the Southlowe and Wetley Rocks parish wards shall be three.
Wards of the parish of Endon and Stanley
6
The parish of Endon and Stanley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Leek
7
1
The existing wards of the parish of Leek shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Leek East, Leek North, Leek South and Leek West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each of the parish wards shall be three.
Wards of the parish of Werrington
8
The parish of Werrington shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Revocation
9
The District of Staffordshire Moorlands (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:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for King’s College 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 King’s College Hospital National Health Service Trust;
“the Special Trustees” means the Special Trustees for King’s College 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 15th December 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 King’s College Hospital 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 Southport and Formby 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 Southport and Formby 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 Southport and Formby 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 Sefton 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 Sefton 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 North Sefton & West Lancashire Community 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 Barnsley 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 Barnsley 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 Barnsley 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 Barnsley 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 Barnsley 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 Barnsley Community and Priority 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
Jacqui Smith
Minister of State,
Department of Health
16th December 2001


text:
Citation and commencement
1
This Order may be cited as the Barnet Community Healthcare, the Enfield Community Care and the Haringey 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 Barnet Community Healthcare National Health Service Trust established by the Barnet Community Healthcare National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is hereby revoked.
2
The Enfield Community Care National Health Servic Trust established by the Enfield Community Care National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
3
The Haringey Health Care National Health Service Trust established by the Haringey Health Care National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is hereby revoked.
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 Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) (Amendment) Regulations 2001 and shall come into force on 9th April 2001.
Amendment of Vehicle Excise Duty (Immobilisation, Removal and Disposal) Regulations 1997
2
The Vehicle Excise Duty (Immobilisation, Removal and Disposal) Regulations 1997 shall be amended in accordance with the following regulations.
3
1
In Schedule 1, Table 1 shall be amended as follows.
2
In relation to each item identified in columns (1) and (2) of the following Table, there shall be substituted for the amount specified in column (3) of that Table the amount specified in column (4) thereof.
TABLE
(1) (2) (3) (4) Item Matter for which charge may be made Existing amount Substituted amount
1. Release of vehicle from immobilisation device £68 £80 2. Removal of a motorcycle, possession taken within the first 24 hours after such removal £68 £80 3. Removal of vehicle, including a motorcycle where item 2 does not apply £135 £160 4. Storage of vehicle — for each period of 24 hours or part thereof £12 £15
4
In Schedule 1, for Table II shall be substituted the following Table.
Table II
(1) (2) (3) Item Provision of Schedule 1 to the 1994 Act Amount of Charge
1.
Part I (general)
Part 1A (light passenger vehicles: graduated rates of duty)
Part 1B (light goods vehicles)
Part II (motorcycles)
Part IV (special vehicles)
Part IVA (special concessionary vehicles)
Part VIII paragraph 9(2)(a) (showman’s goods vehicle), (2)(b) (island goods vehicle) and (2)(c) (goods vehicle used for driver training)
£120 2.
Part III (buses)
Part V (recovery vehicles)
Part VII (haulage vehicles)
Part VIII (goods vehicles) in so far as it relates to vehicles for which a charge is not prescribed in item 1 and which do not exceed 12,000 kg
£300 3.
Part VI (vehicles used for exceptional loads)
Part VIII (goods vehicles) in so far as it relates to vehicles for which a charge is not prescribed in items 1 and 2
£600
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 and commencement
1
1
This Order may be cited as the Southampton East Healthcare Primary Care Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order “ the Order ” means the Southampton East Healthcare Primary Care Trust (Establishment) Order 2000 ;
“ the trust ” means the trust established by the Order.
Change of name and transitional provisions
2
1
The trust shall be called the Southampton City Primary Care Trust instead of the Southampton East Healthcare Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Southampton East Healthcare” there are substituted the words “Southampton City”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Further Amendment of the Primary Care Trust Establishment Order
3
In the Schedule to the Order, after “in the City of Southampton – the electoral wards of” there shall be inserted; “Bargate, Bassett”, and after “Harefield” there shall be inserted “Portswood, St. Luke's”.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
22nd March 2001


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 4) (England) Order 2001.
2
In this Order —
a
“ the Act ” means the Health and Social Care Act 2001; and
b
a reference in an article to a numbered paragraph is to the paragraph in that article bearing that number.
3
This Order extends to England only.
Appointed day in respect of section 1 of the Act
2
1
Subject to paragraph (2), 22nd October 2001 is the appointed day for the coming into force of section 1 of the Act.
2
Section 1 shall have effect in relation to the determination of allotments and resource limits for the financial year beginning with 1st April 2002 and subsequent financial years.
Appointed day in respect of parts of Schedule 5 to the Act
3
1
22nd October 2001 is the appointed day for the coming into force of section 67(1) of, and paragraph 15(1) and (3) of Schedule 5 to, the Act, in so far as they relate to functions in relation to the provision of residential accommodation only.
2
22nd October 2001 is the appointed day for the coming into force of paragraph 5(3) of Schedule 5 to the Act, and of section 67(1) of, and paragraph 5(1) of Schedule 5 to, the Act, in so far as they relate to the said paragraph 5(3).
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th October 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Plymouth Primary Care Trust (Establishment) Order 2001 and shall come into force on 26th February 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Plymouth 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 Plymouth 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, 6 officer members and 6 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.
d
1 person representing Mental Health Services 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 and West Devon 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 and West Devon 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 Plymouth Community 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
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
14th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Basildon Primary Care Trust (Establishment) Order 2001 and shall come into force on 21st 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 Basildon 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 Basildon 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 Essex 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 Essex Health Authority shall make officers of the Authority available to the trust during the preparatory period.
4
The South Essex Mental Health & Community Care 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
11th February 2001


text:
1
1
This Order may be cited as the Political Parties, Elections and Referendums Act 2000 (Commencement No. 1 and Transitional Provisions) Order 2001.
2
In this Order “ the Act ” means the Political Parties, Elections and Referendums Act 2000.
2
The provisions of the Act which are specified in Part I of Schedule 1 to this Order shall come into force on 16th February 2001, subject to the transitional provisions in Part II of that Schedule.
3
Section 144 of the Act, together with the entries in Schedule 22 to the Act relating to paragraph 35 of Schedule 4 to the Representation of the People Act 1985 , Schedule 10 to the Broadcasting Act 1996 and paragraph 28 of Schedule 3 to the Greater London Authority Act 1999 shall come into force on 16th March 2001; except that section 144 shall come into force on 16th February 2001 for the purposes of drawing up the codes referred to in section 93 of the Representation of the People Act 1983 , as substituted by that section.
4
The provisions of the Act which are specified in Part I of Schedule 2 to this Order shall come into force on 1st July 2001, subject to the transitional provisions in Part II of that Schedule.
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
29th January 2001


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Designation of Public Authorities for the Purposes of Intrusive Surveillance) Order 2001 and shall come into force on the day after the day on which it is made.
Designated public authority
2
The Home Office is hereby designated for the purposes of section 41 of the Regulation of Investigatory Powers Act 2000, as a public authority whose activities may require the carrying out of intrusive surveillance.
Prescribed offices, ranks and positions
3
1
In relation to the Home Office, an application for an authorisation for the carrying out of intrusive surveillance may be made by an individual holding an office, rank or position with the Home Office only where his office, rank or position is prescribed by paragraph (2).
2
The offices, ranks and positions prescribed by this paragraph are all offices, ranks and positions in Her Majesty’s Prison Service.
Minister of State
Charles Clarke
Home Office
21st March 2001


text:
Citation, extent and commencement
1
These Regulations, which extend to England only, may be cited as the Central Rating Lists (England) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
Amendment to the 2000 Regulations
2
1
The Central Rating Lists (England) Regulations 2000 shall be amended as follows.
2
In paragraph (3) of regulation 1,
a
At the beginning insert the following —
a
Subject to subparagraph (b)
; and
b
At the end of paragraph (3) add the following —
b
In Part 8 of the Schedule, references to a designated person by name are references to the company bearing that name on 28th February 2001.
3
After Part IV insert the following —
PART IVA
INDEPENDENT GAS TRANSPORTERS
Independent Gas Transporters
10A
1
Where a company which is a designated person by virtue of being listed in Part 8 of the Schedule occupies or, in the case of unoccupied hereditaments, owns what would, apart from these Regulations, be more than one hereditament (each of which is called in this regulation “the separate premises”) and each of those separate premises satisfies the conditions set out in paragraph (2), those separate premises shall be treated as one hereditament.
2
The conditions are that each of the separate premises is used wholly or mainly for the purposes of the designated person acting as a public gas transporter and are not excepted premises.
3
In paragraph (2) —
a
“excepted premises” means premises used wholly or mainly as office premises, where those premises are not situated on operational land of the designated person; and
b
“public gas transporter” has the same meaning as in Part I of the Gas Act 1986 .
4
The hereditament described in paragraph (1) shall be treated as occupied by the designated person.
.
4
In the Schedule —
a
in Part 7, and with effect beginning with 1st January 2001, for “Imperial Chemical Industries plc” substitute “Ineos Chlor Limited”;
b
after Part 7 insert the following —
PART 8
INDEPENDENT GAS TRANSPORTERS
Designated person Relevant hereditaments
British Gas Connections Limited Hereditaments described in regulation 10A
TotalFinaElf Pipelines Limited
The Gas Transportation Company Limited
SSE Pipelines Limited
ScottishPower Gas Limited
East Midlands Pipelines Limited
GTC Pipelines Limited
Energi Link Limited
Hyder Gas Networks Limited
E.S. Pipelines Limited
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
6th March 2001


text:
1
This Order may be cited as the A51 Trunk Road in Cheshire (A51/A41 Junction to A51/A49 Roundabout and A51/A49 Junction (Four Lanes End) to A51/A500 Roundabout) (Detrunking) Order 2001 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan”
means the plan numbered HA10/PS/260, consisting of sheets 1 and 2 and marked “The A51 Trunk Road in Cheshire (A51/A41 Junction to A51/A49 Tarporley Roundabout and A51/A49 Junction (Four Lanes End) to A51/A500 Roundabout) (Detrunking) Order 2001”, signed by the authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at the DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St. Leonards-on-Sea 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 A51 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 and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2001 and shall come into force on 1st August 2001.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to regulation 61A
3
1
Regulation 61A shall be amended by the insertion in the third column of the Table the entry specified below.
2
In item 1, after the last entry there shall be inserted —
“2001/1/ EC ”
Amendment to Schedule 2
4
In Table I in Schedule 2, after item 80 there shall be inserted the following item —
81 2001/1 22.01.2001 L35, 06.2.2001, p. 34 Measures to be taken against air pollution by emissions from motor vehicles 70/220 as amended by 74/290, 77/102, 78/665, 83/351, 88/76, 88/436, 89/491, 91/441, 93/59, 94/12, 96/44, 96/69, 98/69, and 1999/102
Amendment to Schedule 7B (emissions from certain motor vehicles)
5
In Schedule 7B, in paragraph 7 for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
“the emissions publication” is the publication entitled “In-Service Exhaust Emission Standards for Road Vehicles — Seventh Edition” ( ISBN 0-9526457-6-9) published by the Department of the Environment, Transport and the Regions.
Signed by authority of the Secretary of State
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
9th May 2001


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits Schemes (Miscellaneous Amendments No. 2) Regulations 2001 and shall come into force on 10th April 2001.
2
These Regulations shall have effect in relation to award periods of working families' tax credit or, as the case may be, disabled person’s tax credit commencing on or after 10th April 2001.
Amendments to the Family Credit (General) Regulations 1987
2
Amend the Family Credit (General) Regulations 1987 in accordance with the provisions of regulations 3 and 4.
Determination of appropriate maximum working families' tax credit
3
1
Amend regulation 46 as follows.
2
For paragraph (1) substitute —
1
Subject to paragraphs (2) to (7) of this regulation, the appropriate maximum working families' tax credit shall be the aggregate of the following credits —
a
in respect of a claimant or, if he is a member of a married or unmarried couple, in respect of the couple, the credit specified in column (2) of the table in Schedule 4 at paragraph 1;
b
in respect of a lone parent who works, or in respect of a claimant who is a member of a married or unmarried couple either or both of whom work, for not less than 30 hours per week, the credit specified in column (2) of the table in Schedule 4 at paragraph 2;
c
in a case to which regulation 46(A) applies, a credit (“childcare tax credit”) equal to 70 per cent. of the amount of any relevant childcare charges as mentioned and calculated on a weekly basis in regulation 46A, subject to a maximum in respect of the claimant’s family of whichever the amounts specified in paragraph (1A) applies in the claimant’s case;
d
in respect of a lone parent to whom paragraph (1D) applies, or, where the claimant is a member of a married or unmarried couple to either or both of whom paragraph (1D) applies, in respect of the couple, the credit specified in column (2) of the table in Schedule 4 at paragraph 3;
e
in respect of any child or young person for whom the claimant or his partner is treated as responsible by virtue of regulation 7, the credit specified in column (2) of the table in Schedule 4 at paragraph 4 or 5 as appropriate in respect of the period specified in that paragraph;
f
in respect of any child or young person for whom the claimant or his partner is treated as responsible by virtue of regulation 7 and who is a member of the claimant’s household —
i
where paragraph (1B) applies, and paragraph (1D) does not apply, to the child or young person, the credit specified in column (2) of the table in Schedule 4 at paragraph 6(a);
ii
where paragraph (1D) applies to the child or young person, the credit specified in column (2) of that table at paragraph 6(b).
.
3
In paragraph (1A) for “(1)(ab)” substitute “(1)(c)”.
4
In paragraph (1B) omit “for whom the claimant or his partner is responsible and who is a member of the claimant’s household, and”.
5
After paragraph (1C) insert —
1D
This paragraph applies to a person in respect of whom the care component of disability living allowance is, or would but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act.
.
6
In paragraph (2) for “of Schedule 4 against paragraph 3 in column (1)” substitute “of the table in Schedule 4 at paragraph 5”.
7
In paragraph (5) after “the amount” insert “or amounts”.
4
For the table in Schedule 4 substitute the table set out in Schedule 1 to these Regulations.
Amendments to the Disability Working Allowance (General) Regulations 1991
5
Amend the Disability Working Allowance (General) Regulations 1991 in accordance with the provisions of regulations 6 and 7.
Determination of appropriate maximum disabled person’s tax credit
6
1
Amend regulation 51 as follows.
2
For paragraph (1) substitute —
1
Subject to paragraphs (2) to (7) of this regulation, the appropriate maximum disabled person’s tax credit shall be the aggregate of the following credits —
a
in respect of a single claimant, the credit specified in column (2) of the table in Schedule 5 at paragraph 1;
b
in a case to which regulation 51A applies, a credit (“childcare tax credit”) equal to 70 per cent. of the amount of any relevant childcare charges as mentioned and calculated on a weekly basis in regulation 51A, subject to a maximum in respect of the claimant’s family of whichever the amounts specified in paragraph (1AA) applies in the claimant’s case;
c
in respect of a claimant who is a member of a married or unmarried couple, or who is a lone parent who is treated as responsible for a child or young person by virtue of regulation 9, the credit specified in column (2) of the table in Schedule 5 at paragraph 2;
d
in respect of a claimant who is —
i
a single claimant or lone parent who works, or
ii
a member of a married or unmarried couple either or both of whom work,
for not less than 30 hours per week, the credit specified in column (2) of the table in Schedule 5 at paragraph 3;
e
in respect of a claimant who is a lone parent to whom paragraph (1C) applies, or, where a claimant is a member of a married or unmarried couple to either or both of whom paragraph (1C) applies, in respect of the couple, the credit specified in column (2) of the table in Schedule 5 at paragraph 4;
f
in respect of a claimant to whom paragraph (1C) applies but who is neither a lone parent nor a member of a married or unmarried couple, the credit specified in column (2) of the table in Schedule 5 at paragraph 5;
g
in respect of any child or young person for whom the claimant or his partner is treated as responsible by virtue of regulation 9, the credit specified in column (2) of the table in Schedule 5 at paragraph 6 or 7 as appropriate in respect of the period specified in that paragraph;
h
in respect of any child or young person for whom the claimant or his partner is treated as responsible by virtue of regulation 9 and who is a member of the claimant’s household —
i
where paragraph (1A) applies, and paragraph (1C) does not apply, to the child or young person, the credit specified in column (2) of the table in Schedule 5 at paragraph 8(a);
ii
where paragraph (1C) applies to the child or young person, the credit specified in column (2) of the table in Schedule 5 at paragraph 8(b).
.
3
In paragraph (1AA) for “(1)(aa)” substitute “(1)(b)”.
4
In paragraph (1A) omit “for whom the claimant or his partner is responsible and who is a member of the claimant’s household, and”.
5
After paragraph (1B) insert —
1C
This paragraph applies to a person in respect of whom the care component of disability living allowance is, or would but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of that Act.
.
6
In paragraph (2) for “of Schedule 5 against paragraph 4 in column (1)” substitute “of the table in Schedule 5 at paragraph 7”.
7
In paragraph (5) after “the amount” insert “or amounts”.
7
For the table in Schedule 5 substitute the table set out in Schedule 2 to these Regulations.
Clive Betts
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
12th February 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bolton Primary Care Trust (Establishment) Order 2001 and shall come into force on 2nd November 2001.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Bolton 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 2nd November 2001 a Primary Care Trust to be called the Bolton 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, 7 officer members and 7 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
4 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 Wigan and Bolton 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 Wigan and Bolton 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 Community Healthcare Bolton 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 Bolton 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th October 2001


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) (Amendment) Regulations 2001, and (subject to paragraph 2) shall come into force on 1st October 2001.
2
For the purpose of enabling the exercise of the power to bring into operation a code of practice under section 33(1) and (4) of the Immigration and Asylum Act 1999, these Regulations shall come into force on 27th September 2001.
3
In these Regulations, “the principal Regulations ” means the Carriers' Liability (Clandestine Entrants) (Application to Rail Freight) Regulations 2001 .
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended as follows.
2
In regulation 1(3), for the definition of “train” substitute —
“train” means any train other than —
a train engaged on a service for the carriage of passengers; or
a shuttle train
;
and insert the following definitions —
“freight shuttle wagon” means a wagon which —
forms part of a shuttle train; and
is designed for the purpose of carrying heavy commercial goods vehicles;
and
“shuttle train” has the meaning given by section 1(9) of the Channel Tunnel Act 1987 ;
.
3
In regulation 1(4), for “or Schedule of” substitute “of or Schedule to”.
4
For regulation 2 substitute —
2
For the purposes of Part II of the 1999 Act and for the purposes of these Regulations, “rail freight wagon” means —
a
any rolling stock, other than a locomotive, which forms part of a train; or
b
a freight shuttle wagon.
.
5
After regulation 4(3) insert —
3A
After section 32(5) insert —
5A
In the case of a clandestine entrant who arrives in the United Kingdom concealed in a freight shuttle wagon, the responsible person is the operator of the shuttle train which includes that freight shuttle wagon.
.
.
6
For regulation 4(6) substitute —
6
In section 34(3) —
a
in paragraph (a), for “transporter” substitute
rail freight wagon, or, knowing, or having reasonable grounds for suspecting, that a clandestine entrant was, or might be, concealed in the rail freight wagon in circumstances where the clandestine entrant had boarded the train or shuttle train after it had commenced its journey to the United Kingdom, he was not able to stop the train or shuttle train without endangering safety
; and
b
in paragraph (b), for “transporter” substitute “train, or shuttle train, including the rail freight wagon.”.
.
7
In regulation 4(9), after sub-paragraph (b) insert —
c
to those definitions, add the definitions of “freight shuttle wagon” and “shuttle train” given in regulation 1(3).
.
Transitional provision
3
No penalty shall be imposed pursuant to the principal Regulations in respect of a shuttle train which embarked on its journey to the United Kingdom prior to 1st October 2001.
John Denham
Minister of State
Home Office
25th September 2001


text:
1
This Order may be cited as the Air Passenger Duty (Designated Region of the United Kingdom) Order 2001 and shall come into force on 1st April 2001 and shall have effect in relation to any carriage of a passenger on an aircraft which begins on or after that date.
2
In this Order “ the Act ” means the Finance Act 1994.
3
The areas described in article 4 below shall, for the purposes of section 31(4B) and (4C) of the Act, constitute a region which is hereby designated for the purposes of section 31(4B) of the Act.
4
The areas referred to in article 3 above are —
a
the Highland Region, Western Isles Islands Area, Orkney Islands Area, Shetland Islands Area, Argyll and Bute District, Arran, Great Cumbrae and Little Cumbrae; and
b
in the Moray District, the parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes.
Jim Dowd
Greg Pope
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 2001


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


text:
Citation and commencement
1
These Regulations may be cited as the Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001 and shall come into force on 20th August 2001.
Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975
2
1
The Social Security Benefit (Persons Abroad) Regulations 1975 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(2) (definitions) at the appropriate place in the alphabetical order, insert —
“bereavement payment” means a payment under section 36 of the Contributions and Benefits Act 1992 ;
.
3
In regulation 4(2B) (which specifies the circumstances in which a person shall not be disqualified for receiving a bereavement payment by reason of being absent from Great Britain) for sub-paragraph (a), substitute —
a
the deceased spouse or the surviving spouse was in Great Britain at the time of the deceased spouse’s death;
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th July 2001


text:
Citation and commencement
1
1
This Order may be cited as the Daventry and South Northamptonshire Primary Care Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order
“ the Order ” means the Daventry and South Northamptonshire Primary Care Trust (Establishment) Order 2000 ; and
“ the trust ” means the trust established by the Order.
Amendment of the Primary Care Trust Establishment Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraphs.
2
In the entry for the District of Daventry there shall be inserted after “Barby”, “and Kilsby”, and after “Weedon”, “West Haddon and Guilsborough”.
3
In the entry for the District of Daventry the following entries shall be deleted;
“Boughton and Pitsford,” “Byfield,” “and West Haddon,” “Guilsborough,” “Kilsby,” “Moulton,” and “Overstone and Walgrave”.
4
In the entry for the District of South Northamptonshire there shall be inserted;
after “Cosgrove,” “Cote” and “Courteenhall”,
after “Deanshanger”, “Downs”,
after “Grafton,” “Grange”,
after “Salcey”, “Silverstone”,
after “Tove”, “Towcester Brook, Towcester Mill, Whittlewood”.
5
In the entry for the District of South Northamptonshire the following entries shall be deleted;
“Bugbrooke,” “Forest,” “Gayton,” “Kislingbury,” “Milton,” “Pottespury,” “Roade”, “Slapton”, and “Towcester”.
Signed by authority of the Secretary of State
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) Regulations 2001 and shall come into force immediately before 1st April 2001.
2
These Regulations extend to England only.
Amendment of Regulations
2
The Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 are amended in accordance with the following provisions of these Regulations.
Interpretation of Part II
3
In regulation 3 (interpretation of Part II), for the definition of “constitutional change”, there shall be substituted the following definition —
“constitutional change” —
unless a local authority are operating executive arrangements which involve an elected mayor, means a proposal that the authority should operate executive arrangements —
under which the executive takes the form specified in subsection (2) or (4) of section 11 (local authority executives), or otherwise involves an elected mayor; or,
in a form that, apart from an elected mayor, is not specified in the proposal;
where a local authority are operating executive arrangements which involve an elected mayor (“existing executive arrangements”), means a proposal that the authority should operate executive arrangements under which the executive takes a form which–
is specified in the proposal;
involves an elected mayor; and
differs from the form of executive under the existing executive arrangements;
.
Verification number and transitional and consequential provision
4
1
In regulation 4 (verification number) —
a
in paragraph (6), for “after 2001”, there shall be substituted “after 2000”; and
b
in paragraph (7), after “any year”, there shall be inserted “except 2001”.
2
On 1st January 2002 —
a
for regulation 4, there shall be substituted the regulation set out in the Schedule to these Regulations;
b
paragraph (1) above shall cease to have effect; and
c
in regulation 5 (publicity for verification number) —
i
for “regulation 4(1) or (2)”, there shall be substituted “regulation 4(1)”;
ii
for paragraphs (c) and (d), there shall be substituted the following paragraphs —
c
that the number so published will have effect for the purposes of determining the validity of petitions presented after 31st March in the year of publication and before 1st April in the following year, unless a different number has effect by virtue of paragraph (4) of regulation 4; and
d
the effect of paragraph (4) of regulation 4; and
.
3
Subject to paragraph (4) below, the number published in 2001 (in accordance with regulation 4 as amended by paragraph (1) above) shall be used for verification purposes in relation to any petition presented to the authority before 1st April 2002.
4
Where the number published in 2002 (in accordance with paragraph (1) of the substituted regulation 4) is less than the number published in 2001, the number to be used for verification purposes, in relation to any petition presented to the authority in the period beginning on the date of publication of the lesser number and ending immediately before 1st April 2002, shall be that lesser number.
5
Regulation 5 (publicity for verification number) shall have effect, in relation to the number published in 2001 (as mentioned in paragraph (3) above) as if, for paragraphs (c) to (e), there were substituted the following paragraphs —
c
that the number so published will have effect for the purpose of determining the validity of petitions presented to the authority in the period beginning on 1st April 2001 and ending immediately before 1st April 2002, unless the number published in 2002 is less, in which case, that lesser number will have effect from the date of its publication until immediately before 1st April 2002; and
d
of the address of the authority’s principal office.
.
Publicity for verification number
5
In regulation 5 for “for the authority’s area for the period ending on 15th February in the following year”, there shall be substituted “on 15th February in that year”.
Petitions presented within a moratorium period
6
In regulation 9 (validity of petitions), in paragraph (1), there shall be inserted at the end of sub-paragraph (b)
; and
c
it is presented to the local authority to which is addressed on a day other than one that falls within a moratorium period
.
Action where referendum proposals approved
7
1
For regulation 23 (action where referendum proposals approved) there shall be substituted the following —
23
If the result of a referendum held under Part II or in pursuance of a direction under Part III is to approve the proposals that were the subject of the referendum —
a
the authority shall implement the proposals that were the subject of the referendum in accordance with the timetable included in the proposals under regulation 17(3)(a) or, as the case may be, regulation 19(1)(c); and
b
where the authority are then operating executive arrangements that take a form that differs from those that were the subject of the referendum, section 29 (operation of, and publicity for, executive arrangements) shall apply for the purpose of enabling the authority to operate the executive arrangements that were the subject of the referendum as it applies for the purpose of enabling an authority to operate executive arrangements in other circumstances as if, for references to the arrangements, there were substituted references to the different executive arrangements that were the subject of the referendum.
.
Action where referendum proposals rejected
8
In regulation 24 (action where referendum proposals rejected), in paragraph (1), for sub-paragraph (c) there shall be substituted the following —
c
if they are then operating executive arrangements, they shall continue to operate those arrangements unless and until they are authorised or required to operate different executive arrangements or authorised to operate alternative arrangements in place of their existing executive arrangements; or
d
if they are then operating alternative arrangements, they shall continue to operate those arrangements unless and until they are authorised to operate different alternative arrangements or authorised or required to operate executive arrangements in place of their existing alternative arrangements.
.
Additional circumstances in which Secretary of State may require referendum to be held
9
In Schedule 2 (particular circumstances in which Secretary of State may require referendum to be held), in Part I (circumstances relating to proposals) —
a
in paragraph 2 —
i
after “regulation 19(1)(c)” there shall be inserted “, or regulations under section 30 and 33”;
ii
in sub-paragraph (a), after “under section” there shall be inserted “30, 33 or”;
b
in paragraph 3, in sub-paragraph (a), there shall be inserted, at the end, “or any comparable provision of regulations under sections 30 and 33”; and
c
in paragraph 4, after “regulations under section”, there shall be inserted “30, 33 or”.
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
7th March 2001


text:
Citation and commencement
1
These Regulations may be cited as the Royal Navy Terms of Service (Ratings) (Amendment) Regulations 2001 and shall come into force on 1st June 2001.
Amendments to Regulations
2
1
The Royal Navy Terms of Service (Ratings) Regulations 1982 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3A(2) (change in terms of engagement) there shall be omitted the words “or from the relevant date, whichever is the later”.
3
In regulation 4(2) (right to transfer to the reserve) there shall be omitted the words “or from the relevant date, whichever is the later”.
On behalf of the Defence Council
John Spellar
Lewis Moonie
Members of the Defence Council
19th April 2001


text:
Citation and commencement
1
1
These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 and the Rules of Procedure contained in Schedules 1, 2, 3, 4, 5 and 6 to these Regulations may be referred to, respectively, as —
a
the Employment Tribunals Rules of Procedure 2001;
b
the Employment Tribunals (National Security) Complementary Rules of Procedure 2001;
c
the Employment Tribunals (Equal Value) Complementary Rules of Procedure 2001;
d
the Employment Tribunals (Levy Appeals) Rules of Procedure 2001;
e
the Employment Tribunals (Improvement and Prohibition Notices Appeals) Rules of Procedure 2001; and
f
the Employment Tribunals (Non-Discrimination Notices Appeals) Rules of Procedure 2001.
2
These Regulations shall come into force on 18th April 2001.
Interpretation
2
1
In these Regulations and in Schedules 1, 2, 3, 4, 5 and 6 —
“the 1975 Act ” means the Sex Discrimination Act 1975 ;
“the 1976 Act ” means the Race Relations Act 1976 ;
“the 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992 ;
“the 1995 Act ” means the Disability Discrimination Act 1995 ;
“the 1996 Act ” means the Employment Tribunals Act 1996;
“ chairman ” means the President or a member of the panel of chairmen selected in accordance with regulation 9(1), or, for the purposes of proceedings in relation to which a direction is given under section 10(3) of the 1996 Act or an order is made under section 10(4) of that Act, a member of the panel referred to in regulation 6(a) selected in accordance with regulation 9(5)(a);
“ the clerk ” means the person appointed as clerk to the tribunal by the Secretary or a Regional Secretary to act in that capacity at one or more hearings;
“devolution issue” means a devolution issue within the meaning of paragraph 1 of Schedule 8 to the Government of Wales Act 1998;
“hearing” means a sitting of a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawfully requisite to enable the tribunal to reach a decision on any question;
“the Office of the Tribunals ” means the Central Office of the Employment Tribunals (England and Wales);
“panel of chairmen” means the panel appointed under regulation 5(1)(a);
“ the President ” means the President of the Employment Tribunals (England and Wales) or the person nominated by the Lord Chancellor to discharge for the time being the functions of the President;
“ Regional Chairman ” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 8(1) or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 8(2);
“Regional Office of the Employment Tribunals” means a regional office which has been established under the Office of the Tribunals for an area specified by the President or an office established for an area within such an area;
“Regional Secretary” means the person for the time being acting as the secretary of a Regional Office of the Employment Tribunals;
“ Register ” means the Register of applications, appeals and decisions kept in pursuance of regulation 12;
“the relevant authority” means the Attorney General and the National Assembly for Wales;
“the Secretary” means the person for the time being appointed to act as the Secretary of the Office of the Tribunals;
“tribunal” means an employment tribunal established in pursuance of regulation 4 and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President or a Regional Chairman.
2
In these Regulations, in so far as they relate to the rules in Schedules 1, 2 and 3, and in those Schedules —
“the 1970 Act ” means the Equal Pay Act 1970 ;
“the 1986 Act ” means the Sex Discrimination Act 1986 ;
“Crown employment proceedings” has the meaning given by section 10(8) of the 1996 Act;
“decision” in relation to a tribunal includes —
a declaration,
an order, including an order striking out any originating application or notice of appearance made under rule 4(8)(b) or 15(2),
a recommendation or an award of the tribunal, and
a determination under rule 6,
but does not include any other interlocutory order or any other decision on an interlocutory matter;
“equal value claim” means a claim by an applicant which rests upon entitlement to the benefit of an equality clause by virtue of the operation of section 1(2)(c) of the 1970 Act;
“excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of —
a direction of a Minister of the Crown under rule 8(1)(b) or (c), or
an order of the tribunal under rule 8(2)(a) read with 8(1)(b) or (c);
“expert” means a member of the panel of independent experts within the meaning of section 2A(4) of the 1970 Act;
“misconceived” includes having no reasonable prospect of success;
“report” means a report required by a tribunal to be prepared by an expert, pursuant to section 2A(1)(b) of the 1970 Act;
“respondent” means a party to the proceedings before a tribunal other than the applicant;
“special advocate” means a person appointed pursuant to rule 7A(1).
3
In these Regulations, in so far as they relate to the rules in Schedule 4, and in that Schedule —
“the 1982 Act ” means the Industrial Training Act 1982 ;
“ the Board ” means in relation to an appeal the respondent industrial training board;
“decision” includes any order which is not an interlocutory order;
“levy” means a levy imposed under section 11 of the 1982 Act.
4
In these Regulations, in so far as they relate to the rules in Schedule 5, and in that Schedule —
“the 1974 Act ” means the Health and Safety at Work etc Act 1974;
“decision” in relation to the tribunal includes a direction under rule 4(1) and any order which is not an interlocutory order;
“improvement notice” means a notice under section 21 of the 1974 Act;
“inspector” means a person appointed under section 19(1) of the 1974 Act;
“prohibition notice” means a notice under section 22 of the 1974 Act;
“respondent” means the inspector who issued the improvement notice or prohibition notice which is the subject of the appeal.
5
In these Regulations, in so far as they relate to the rules in Schedule 6, and in that Schedule —
“the 1999 Act ” means the Disability Rights Commission Act 1999 ;
“decision” in relation to a tribunal includes a direction under section 68(3) of the 1975 Act, under section 59(3) of the 1976 Act or, as the case may be, under paragraph 10(4) of Schedule 3 to the 1999 Act and any other order which is not an interlocutory order;
“non-discrimination notice” means a notice under section 67 of the 1975 Act, under section 58 of the 1976 Act or, as the case may be, under section 4 of the 1999 Act;
“respondent” means the Equal Opportunities Commission established under section 53 of the 1975 Act, the Commission for Racial Equality established under section 43 of the 1976 Act or, as the case may be, the Disability Rights Commission established under section 1 of the 1999 Act.
6
Any period of time for doing any act required or permitted to be done under any of the rules in Schedules 1, 2, 3, 4, 5 and 6, or under any decision, direction, declaration, order, recommendation, award or determination of a tribunal or a chairman, shall be calculated in accordance with paragraphs (7) to (10).
7
Where any act must or may be done within a certain number of days of or from an event, the date of that event shall not be included in the calculation. For example, a respondent receives a copy of an originating application on 1st October. He must present a written notice of appearance to the Secretary within 21 days of receiving the copy. The last day for presentation of the notice is 22nd October.
8
Where any act must or may be done not less than a certain number of days before or after an event, the date of that event shall not be included in the calculation. For example, if a party wishes to submit representations in writing for consideration by a tribunal at the hearing of the originating application, he must submit them not less than 7 days before the hearing. If the hearing is fixed for 8th October, the representations must be submitted no later than 1st October.
9
Where the tribunal or a chairman gives any decision, direction, declaration, order, recommendation, award or determination which imposes a time limit for doing any act, the last date for compliance shall, wherever practicable, be expressed as a calendar date.
10
In rule 5(2) of Schedule 1, rule 8 of Schedule 4, rule 6(1) of Schedule 5 and rule 4(1) of Schedule 6, the requirement to send the notice of hearing to the parties not less than 14 days before the date fixed for the hearing shall not be construed as a requirement for service of the notice to have been effected not less than 14 days before the hearing date, but as a requirement for the notice to have been placed in the post not less than 14 days before that date. For example, a hearing is fixed for 15th October. The last day on which the notice may be placed in the post is 1st October.
President of Employment Tribunals
3
1
There shall be a President of the Employment Tribunals (England and Wales) who shall be appointed by the Lord Chancellor and shall be a person —
a
having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
being an advocate or solicitor admitted in Scotland of at least seven years standing; or
c
being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.
2
The President may resign his office by notice in writing to the Lord Chancellor.
3
The President shall vacate his office at the end of the completed year of service in the course of which he attains the age of 72 years.
4
If the Lord Chancellor is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, the Lord Chancellor may revoke his appointment.
5
The functions of President under these Regulations may, if he is for any reason unable to act or during any vacancy in his office, be discharged by a person nominated for that purpose by the Lord Chancellor.
Establishment of employment tribunals
4
1
The President shall from time to time determine the number of tribunals to be established in England and Wales for the purposes of determining proceedings.
2
The President or, in relation to the area specified in relation to him, a Regional Chairman shall determine at what times and in what places in England and Wales tribunals shall sit.
Panels of members of tribunals
5
1
There shall be three panels of members of the Employment Tribunals (England and Wales), namely —
a
a panel of persons appointed by the Lord Chancellor consisting of persons —
i
having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
being an advocate or solicitor admitted in Scotland of at least seven years standing; or
iii
being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing;
b
a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employees as he sees fit; and
c
a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employers as he sees fit.
2
Members of the panels constituted under these Regulations shall hold and vacate office under the terms of the instrument under which they are appointed but may resign their office by notice in writing, in the case of a member of the panel of chairmen, to the Lord Chancellor and, in any other case, to the Secretary of State; and any such member who ceases to hold office shall be eligible for reappointment.
Further panels in national security cases
6
For the purposes of proceedings in relation to which a direction is given under section 10(3) of the 1996 Act, or an order is made under section 10(4) of that Act, the President shall —
a
select a panel of persons from the panel of chairmen to act as chairmen in such cases, and
b
select —
i
a panel of persons from the panel referred to in regulation 5(1)(b) as persons suitable to act as members in such cases, and
ii
a panel of persons from the panel referred to in regulation 5(1)(c) as persons suitable to act as members in such cases.
Modification of section 4 of the Employment Tribunals Act 1996
7
1
For the purposes of proceedings in relation to which a direction is given under section 10(3) of the 1996 Act, or an order is made under section 10(4) of that Act, section 4 of the 1996 Act shall be modified as follows.
2
In section 4(1)(a), for the words “in accordance with regulations made under section 1(1)” substitute the words “in accordance with regulations 6(a) and 9(5) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001”.
3
In section 4(1)(b), for the words “in accordance with regulations so made” substitute the words “in accordance with regulations 6(b) and 9(5) of those Regulations”.
4
In section 4(5), for the words “in accordance with regulations made under section 1(1)” substitute the words “in accordance with regulation 6(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001”.
Regional Chairmen
8
1
The Lord Chancellor may from time to time appoint Regional Chairmen from the panel of chairmen and each Regional Chairman shall be responsible for the administration of justice by tribunals in the area specified by the President in relation to him.
2
The President or the Regional Chairman for an area may from time to time nominate a member of the panel of chairmen to discharge for the time being the functions of the Regional Chairman for that area.
Composition of tribunals
9
1
For each hearing of any matter before a tribunal the President or the Regional Chairman shall select a chairman, who shall, subject to paragraph (5), be the President or a member of the panel of chairmen, and the President or the Regional Chairman may select himself.
2
In any proceedings which are to be determined by a tribunal comprising a chairman (selected in accordance with paragraph (1) or (5), as the case may be) and two other members, those other members shall, subject to paragraph (5), be selected by the President or by the Regional Chairman, as to one member from the panel of persons appointed by the Secretary of State under regulation 5(1)(b) and as to the other from the panel of persons appointed under regulation 5(1)(c).
3
In any proceedings which are to be determined by a tribunal whose composition is described in paragraph (2), or, as the case may be, paragraph (5)(b), those proceedings may, with the consent of the parties, be heard and determined in the absence of any one member other than the chairman, and in that event the tribunal shall be properly constituted.
4
The President or the Regional Chairman may at any time select from the appropriate panel another person in substitution for the chairman or other member of the tribunal previously selected to hear any proceedings before a tribunal.
5
For the purposes of proceedings in relation to which a direction is given under section 10(3) of the 1996 Act, or an order is made under section 10(4) of that Act —
a
the President or the Regional Chairman shall select a chairman, who shall be the President or a member of the panel selected in accordance with regulation 6(a), and the President or the Regional Chairman may select himself, and
b
in any such proceedings which are to be determined by a tribunal comprising a chairman (selected in accordance with sub-paragraph (a) of this paragraph) and two other members, those other members shall be selected by the President or by the Regional Chairman, as to one member from the panel selected in accordance with regulation 6(b)(i) and as to the other from the panel selected in accordance with regulation 6(b)(ii).
Overriding objective
10
1
The overriding objective of the rules in Schedules 1, 2, 3, 4, 5 and 6 is to enable tribunals to deal with cases justly.
2
Dealing with a case justly includes, so far as practicable —
a
ensuring that the parties are on an equal footing;
b
saving expense;
c
dealing with the case in ways which are proportionate to the complexity of the issues; and
d
ensuring that it is dealt with expeditiously and fairly.
3
A tribunal shall seek to give effect to the overriding objective when it —
a
exercises any power given to it by the rules in Schedules 1, 2, 3, 4, 5 and 6; or
b
interprets any rule in Schedules 1, 2, 3, 4, 5 and 6.
4
The parties shall assist the tribunal to further the overriding objective.
Proceedings of tribunals
11
1
Subject to paragraphs (2) to (6), the rules in Schedule 1 shall apply in relation to all proceedings before a tribunal except where separate rules of procedure made under the provisions of any enactment are applicable.
2
In proceedings to which the rules in Schedule 1 apply and in which any power conferred on the Minister or the tribunal by rule 8(1), (2) or (3) of Schedule 1 is exercised —
a
rules 3, 4, 7, 10, 11, 12 and 13 of Schedule 1 shall be modified in accordance with Schedule 2; and
b
rules 7A (special advocate) and 7B (reasons for the tribunal’s decision in national security cases), as referred to in paragraph 4 of Schedule 2, shall be inserted into Schedule 1.
3
In proceedings to which the rules in Schedule 1 apply and which involve an equal value claim —
a
rules 4, 11, 12, 14, 15 and 23 of Schedule 1 shall be modified in accordance with Part I of Schedule 3; and
b
rule 10A (procedure relating to expert’s report), as referred to in paragraph 2 of Part I of Schedule 3, shall be inserted into Schedule 1.
4
In proceedings to which the rules in Schedule 1 apply, and in which the rules in Schedule 1 are required to be modified in accordance with both paragraphs (2) and (3) —
a
the insertion of rules 4(9), 7B and 12(5A) to (5D) into Schedule 1 shall be in accordance with Part II of Schedule 3; and
b
rule 11(2) of Schedule 1 shall be modified in accordance with Part II of Schedule 3.
5
The rules contained in Schedules 1, 2 and 3 shall apply in proceedings to which they relate where —
a
the respondent or one of the respondents resides or carries on business in England and Wales;
b
had the remedy been by way of action in the county court, the cause of action would have arisen wholly or partly in England and Wales; or
c
the proceedings are to determine a question which has been referred to the tribunal by a court in England and Wales.
6
The rules in Schedules 4, 5 and 6 shall apply in relation to proceedings before a tribunal which relate to matters arising in England and Wales and consist, respectively, in —
a
an appeal by a person assessed to levy imposed under a levy order made under section 12 of the 1982 Act;
b
an appeal against an improvement or prohibition notice under section 24 of the 1974 Act; and
c
an appeal against a non-discrimination notice under section 68 of the 1975 Act, section 59 of the 1976 Act or paragraph 10 of Schedule 3 to the 1999 Act.
Register
12
1
The Secretary shall maintain a Register at the Office of the Tribunals which shall be open to the inspection of any person without charge at all reasonable hours.
2
The Register shall contain —
a
details of originating applications in accordance with rule 2 of Schedule 1;
b
details of appeals in accordance with rule 5 of Schedule 4, rule 3 of Schedule 5 and rule 2 of Schedule 6;
c
the fact of applications in accordance with rule 4 of Schedule 5; and
d
documents recording the decisions of tribunals and the reasons therefor.
3
The Register, or any part of it, may be kept by means of a computer.
Proof of decisions of tribunals
13
The production in any proceedings in any court of a document purporting to be certified by the Secretary to be a true copy of an entry of a decision in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Transitional provision
14
These Regulations shall apply in relation to all proceedings to which they relate, irrespective of when those proceedings were commenced.
Revocations
15
The instruments listed in Schedule 7 are hereby revoked.
Alan Johnson,
Parliamentary Under-Secretary of State for Competitiveness,
Department of Trade and Industry
23rd March 2001