text:
Title, commencement and application
1
1
These Regulations may be cited as the Fisheries and Aquaculture Structures (Grants) (England) Regulations 2001 and shall come into force on 25th April 2001.
2
These Regulations shall apply in relation to England only.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“amend” includes revoke;
“application” means an application as described in regulation 3(1) and “applicant” shall be construed accordingly;
“approval” means an approval granted under regulation 5 and includes the terms and conditions to which it is subject (including any such conditions which have been amended or added) and “approve” and “approved” shall be construed accordingly;
“approved operation” means an operation which the Minister has approved under regulation 5;
“authorised officer” means a person authorised in writing to be an officer —
for the purposes of these Regulations, by the Minister, or
for the purposes of exercising any functions required by the Minister under regulation 11 to be exercised by it, by the Authority
and includes any duly appointed official of the Commission who accompanies such an authorised officer;
“the Authority” means the Sea Fish Industry Authority;
“beneficiaries” means applicants whose applications have been approved and a “beneficiary” shall be construed accordingly;
“the Commission” means the Commission of the European Communities;
“Community aid” means aid towards eligible expenditure available from the Financial Instrument for Fisheries Guidance and payable in accordance with the Community legislation;
“Community fishing vessel” has the meaning given to it in article 3 of Council Regulation ( EEC ) No. 3760/92 establishing a Community system for fisheries and aquaculture ;
“the Community legislation” means —
Council Regulation 1260/1999;
Council Regulation ( EC ) No. 1263/1999 on the Financial Instrument for Fisheries Guidance ;
Council Regulation 2792/1999;
Commission Decision (EC) No. 1999/501 of 1 July 1999 fixing an indicative allocation by Member States of the commitment appropriations for Objective 1 of the Structural Funds for the period 2000 to 2006 ;
Commission Decision (EC) No. 1999/502 of 1 July 1999 drawing up the list of regions covered by Objective 1 of the Structural Funds for the period 2000 to 2006 ;
Commission Regulation (EC) No. 1685/2000 laying down detailed rules for the implementation of Council Regulation (EC) 1260/1999 as regards eligibility of expenditure of operations co-financed by the structural funds ;
Commission Decision No. C(2000) 2046 of 24 July 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in the region of Cornwall and the Isles of Scilly in the United Kingdom;
Commission Decision No. C (2000) 2047 of 24 July 2000 approving the Single Programming Document for Community structural assistance under Objective 1 in the region of Merseyside in the United Kingdom;
Commission Decision No. C (2000) 4298 of 27 December 2000 approving the Single Programming Document for Community structural assistance in the fisheries sector in the United Kingdom in areas outside Objective 1;
Commission Regulation (EC) No. 438/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the management and control systems for assistance granted under the Structural Funds ; and
Commission Regulation (EC) No. 448/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No. 1260/1999 as regards the procedure for making financial corrections to assistance granted under the Structural Funds .
“Council Regulation 1260/1999” means Council Regulation (EC) No. 1260/1999 laying down general provisions on the structural funds ;
“Council Regulation 2792/1999” means Council Regulation (EC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector ;
“eligible expenditure” means expenditure which is incurred or to be incurred in connection with an approved operation and which the Minister has approved for the purpose of receiving financial assistance under regulation 5;
“financial assistance” means any amount by way of grant or Community aid;
“grant” means a grant towards eligible expenditure payable under these Regulations in addition to any Community aid;
“LIBOR” in relation to any particular day of the month, means the rate of interest per centum notified to the Minister by the Bank of England on the first working day of that month, rounded if necessary to two decimal places;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“relevant conditions” means any conditions relating to the approval of an application or the making of a payment of any financial assistance which have been notified to a beneficiary under regulation 5(3)(b) or 7;
“relevant documents” means any invoice, account, drawing, plan, technical specification or other document relating to the approved operation;
“relevant equipment” means any plant, machinery or other equipment for which financial assistance has been claimed or paid;
“relevant operation” means an investment, project or action which is eligible for Community aid; and
“works” means any construction, harbour or other building works, whether completed or not, for which financial assistance has been claimed or paid.
2
Other expressions used in these Regulations have, insofar as the context admits, the same meanings as in the Community legislation.
3
Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation bearing that number in these Regulations.
4
Any reference in these Regulations to the doing of anything which under any regulation shall or may be done or evidenced in writing or otherwise using a document, notice or instrument shall be regarded as including by electronic means where arrangements have been made by the Minister to enable or provide for such electronic means to be used.
Financial assistance
3
1
Subject to the provisions of the Community legislation and these Regulations the Minister may pay Community aid and, if he so determines, a grant to any person —
a
who has, for the purpose of obtaining such financial assistance, made an application in accordance with regulation 4 for approval-
i
of a relevant operation; and
ii
of expenditure incurred or to be incurred in connection with that operation; and
b
whose application he has approved.
2
In determining under paragraph (1)-
a
whether to pay a grant in addition to Community aid, and
b
the amount of any such grant he may make,
the Minister shall have regard to the requirements of the Community legislation and, in particular, the limits on total State financial participation (national, regional and other) as set out in Annex IV to Council Regulation 2792/1999.
Applications
4
1
Applications shall be made in such form and manner and at such time, shall include such information and shall be delivered at such address as the Minister may from time to time require.
2
Applicants shall furnish all such further information and documents relating to the application as the Minister may require.
Approval of applications
5
1
Subject to the Community legislation, the Minister may —
a
refuse to approve an application for the purpose of the receipt of financial assistance; or
b
approve it in whole or in part and either unconditionally or subject to such conditions as he may determine.
2
The Minister may from time to time vary an approval by amending any condition to which it has been made subject or by adding further such conditions.
3
The Minister shall —
a
notify applicants in writing of the result of their applications;
b
notify beneficiaries of any conditions to which an approval has been made subject and of any conditions which have been amended or added pursuant to this regulation.
4
Where the Minister notifies an applicant in accordance with paragraph (3) that he has refused to approve an application or a beneficiary that he has granted an approval subject to conditions or has varied the terms of an existing approval, he shall give such applicant or beneficiary —
a
written reasons for his decision; and
b
an opportunity to make representations in relation thereto within such time as the Minister considers reasonable and has notified to the applicant or beneficiary.
5
Where the Minister has received any representations in accordance with paragraph (4) above he shall consider them and may confirm his decision or substitute a different decision.
6
Any confirmation made or decision substituted under paragraph (5) above shall be notified to the applicant or beneficiary in writing.
Eligibility and claims for payment of financial assistance
6
1
Subject to paragraph (2) below and to regulation 15, a beneficiary shall be eligible for payment of financial assistance.
2
No financial assistance shall be paid in respect of an approved application unless the Minister has been supplied with —
a
satisfactory evidence that the amount of expenditure for which financial assistance is claimed has been incurred, including details of any discount received by the applicant; and
b
satisfactory evidence that the approved operation, or the part of the operation to which the payment in question relates, has been properly carried out.
Method of payment of financial assistance
7
Payments by way of financial assistance may be made —
a
at such time, or by such instalments at such intervals or times; and
b
subject to such conditions,
as the Minister may reasonably determine and any conditions in relation to any payment shall be notified to the beneficiary in writing.
Undertakings
8
A beneficiary may be required by the Minister to give such undertakings as the Minister considers appropriate to the case.
Information
9
1
A beneficiary shall supply the Minister with such information about an approved operation as the Minister may from time to time reasonably require.
2
Where the Minister requires such information, the beneficiary shall supply him with it within such period as the Minister may reasonably determine.
Records
10
1
A beneficiary shall —
a
keep a record of all expenditure incurred in connection with an approved operation; and
b
during the carrying out of the approved operation, on completion of the approved operation and thereafter for the duration of the control period retain such record together with any relevant documents, except to the extent that an authorised officer has removed and retained any of the same under regulation 13(5).
2
For the purposes of this regulation the “control period” means in relation to an approved operation:
a
a period of six years commencing with the last payment of financial assistance in respect of that operation; or
b
that six year period plus such further period as has been notified by the Minister to the recipient of financial assistance at any time before the expiry of that initial six year period,
but in determining in either case the date on which the control period shall come to an end no account shall be taken of any time between the commencement and final determination or settlement of any proceedings brought under regulation 15 for the recovery of any financial assistance paid in respect of that approved operation.
Exercise of functions by the Sea Fish Industry Authority
11
1
Without prejudice to section 2(5) of the Fisheries Act 1981 or to his ability to exercise any functions under these Regulations himself, the Minister may, from time to time, require the Authority to exercise any of his functions under these Regulations either generally or in relation to financial assistance in connection with particular categories of relevant operation and may from time to time issue directions as to the manner in which such functions may be exercised.
2
Any functions of the Minister under these Regulations which the Authority has been required to exercise pursuant to paragraph 1 shall be discharged on behalf of the Authority by members of the Authority appointed under section 1(3) of the Fisheries Act 1981 to the exclusion of the other members.
3
The authority shall keep such accounts with respect to any payments made by or to it pursuant to its exercise of functions under these Regulations as the Minister may, with the approval of the Treasury, direct and shall prepare in respect of each financial year a statement of the accounts in such form and giving such information as may be directed.
4
The accounts for each financial year shall, in accordance with a scheme of audit approved by the Minister, be audited by the persons appointed in respect of that year to audit the other accounts of the Authority and the auditors shall be furnished by the Authority with copies of the statement of accounts.
5
The auditors shall complete the audit of the accounts and shall send the Minister copies of the statement of accounts and of their report on the accounts and the statement as soon as possible after the end of the financial year to which they relate and in any event not later than 30th September following the end of that year.
6
The Minister and the Comptroller and Auditor General shall be entitled to inspect all books, papers and other records of the Authority relating to, or to matters dealt with, in the accounts required to be kept pursuant to this regulation.
Assistance to authorised officers
12
Any beneficiary or any employee, servant or agent of any beneficiary shall give to an authorised officer such assistance as he may reasonably request to exercise any power conferred upon him by regulation 13.
Powers of authorised officers
13
1
An authorised officer may at all reasonable hours and on producing, if required to do so, some duly authenticated document showing his authority, exercise the powers specified in this regulation for the purposes of —
a
verifying the accuracy of any information or evidence contained in or included with an application or supplied pursuant to regulation 6 or 9;
b
ascertaining whether and to what extent any expenditure in respect of which financial assistance is claimed should be approved;
c
ascertaining whether and to what extent any undertakings given by a beneficiary under regulation 8 and any relevant conditions have been complied with;
d
ascertaining whether and to what extent any amount of financial assistance is payable, or should be reduced, withheld or recovered under regulation 15;
e
ascertaining whether an offence under regulation 17 has been or is being committed; or
f
otherwise ascertaining, pursuant to Article 38 of Regulation 1260/1999, whether Community aid is being efficiently and correctly used,
and such powers shall be exercisable for those purposes on a random, spot check or sample basis as well as by reference to the particular circumstances or suspected circumstances of individual cases.
2
An authorised officer may enter upon any premises, other than premises used only as a dwelling, which are, or which such officer has reasonable cause to believe are, relevant premises.
3
Any authorised officer who has entered any premises in accordance with paragraph (2) above may inspect those premises, any equipment which is, or which such officer has reasonable cause to believe is, relevant equipment and any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.
4
An authorised officer entering any premises by virtue of this regulation may take with him such other person as he considers necessary and regulations 12 and 14 and paragraphs (2), (3) and (5) of this regulation shall apply in relation to such person when acting under the instructions of the authorised officer as if he were an authorised officer.
5
An authorised officer may —
a
require a beneficiary or an employee, servant or agent of a beneficiary to produce any relevant documents and to supply such additional information in that person’s possession or under his control relating to an application or an approved operation as the officer may reasonably request;
b
inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;
c
require that copies of, or extracts from, any relevant documents be produced; or
d
remove and retain for a reasonable period any such relevant document which he has reason to believe may be required as evidence in proceedings under these Regulations or which the Minister may be required to make available to the Commission pursuant to Article 38(6) of Regulation 1260/1999 and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
6
In this regulation —
“premises” includes any vessel or other vehicle; and
“relevant premises” means any premises to which an approved operation relates or in which relevant documents or relevant equipment are retained.
Protection of officers
14
Any authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by virtue of regulation 13 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Reduction, withholding and recovery of financial assistance
15
1
Subject to the provisions of this regulation, if, at any time after the Minister has approved an application, it appears to him that-
a
any relevant condition has not been complied with in whole or in part;
b
the application so approved (or any part of it) was not an application (or part) which the beneficiary was eligible to make;
c
the beneficiary or an employee, servant or agent of a beneficiary-
i
has failed to comply with a requirement imposed by regulation 10 or under regulation 9, 12 or 13(5);
ii
has intentionally obstructed any authorised officer in the exercise of his powers under regulation 13; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect;
d
the approved operation was commenced before the date on which the Minister gave written permission to do so;
e
the approved operation in respect of which the expenditure was incurred has not been carried out or has not been carried out properly or in accordance with the approval in relation thereto;
f
the approved operation has been or is being unreasonably delayed beyond the time limits set out in the notification of approval or is unlikely to be completed;
g
any undertakings given by the beneficiary have not been complied with;
h
the Commission has decided pursuant to Article 38 or 39 of Council Regulation 1260/1999 to suspend or recover Community aid;
i
in any case of financial assistance for the construction or modernisation of a fishing vessel, any of the events specified in paragraph (2) below has occurred before the elapse of ten years from the completion of the construction or five years from the completion of the modernisation of the vessel; or
j
in any case of financial assistance for any relevant operation other than for the construction or modernisation of a fishing vessel, any of the events specified in paragraph (3) below has occurred before the elapse of six years from the purchase of the relevant equipment or ten years from the purchase of the premises or the completion of the works,
he may revoke the approval in whole or in part and may reduce or withhold any financial assistance in respect of the approved operation and, where payment by way of financial assistance has been made, may on demand recover as a debt an amount equal to the whole or any part of the payment which has been so made.
2
The events mentioned in sub-paragraph (i) of paragraph (1) above are —
a
the total loss of the vessel;
b
the damage or destruction of any relevant equipment resulting in payment under an insurance policy or by way of compensation or damages;
c
a mortgage of the vessel (other than a mortgage created for the raising of money applied to the cost of construction or modernisation of the vessel, being a mortgage approved by the Minister before it was made);
d
the use of the vessel primarily for purposes other than those in respect of which financial assistance was approved;
e
a disposal whether by sale or otherwise of the vessel or any part thereof, its engine or any part thereof or any relevant equipment or other equipment or apparatus used on or in connection with the vessel; or
f
the vessel ceasing to be a Community fishing vessel.
3
The events mentioned in sub-paragraph (j) of paragraph (1) above are —
a
the total loss of the relevant equipment;
b
the damage or destruction of any relevant equipment, premises, or works resulting in payment under an insurance policy or by way of compensation or damages;
c
the creation of a right in security over the relevant equipment, premises, or works (other than a right in security created for the raising of money applied to the cost of construction or modernisation of the relevant equipment, premises, or works, being a right in security approved by the Minister before it was made);
d
the use of the relevant equipment, premises, or works primarily for purposes other than those in respect of which financial assistance was approved; or
e
a disposal whether by sale or otherwise of the relevant equipment, premises, or works or any part thereof.
4
Where sub-paragraph (i) or (j) of paragraph (1) above applies and none of the other sub-paragraphs of that paragraph applies, the maximum amount which the Minister may recover from a beneficiary pursuant to that paragraph shall be an amount representing the unexpired part of the ten, or as the case may be five or six, year period calculated as a proportion of the total payment of financial assistance.
5
Before taking any step specified in paragraph (1), the Minister shall —
a
give to the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
afford the beneficiary the opportunity of making written representations within such time as the Minister considers reasonable; and
c
consider any representations.
Recovery of interest
16
1
If the Minister decides to recover any amount under regulation 15, he may also recover on demand interest on that amount at a rate of 1 percentage point above LIBOR calculated on a daily basis for the period beginning on the day on which the financial assistance in question was paid and ending when the Minister recovers the amount.
2
In any proceedings relating to the recovery of such interest a certificate issued by the Minister showing the rate or rates of interest applicable, the amount of such interest recoverable and the period for which interest is calculated shall, unless the contrary is shown, be conclusive evidence of those matters.
Offences and penalties
17
1
If any person, for the purposes of obtaining financial assistance for himself or any other person —
a
in furnishing any information in purported compliance with a requirement imposed by or under regulation 4(1) or (2) or 13(5)(a) knowingly or recklessly makes a statement which is false or misleading in a material particular; or
b
in purported compliance with a requirement imposed under regulation 4(2) or 13(5)(a) or (c) knowingly or recklessly produces a document which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
2
If any person —
a
fails to comply with the requirement imposed under regulation 9 or by regulation 10;
b
fails to comply with a request made under regulation 12; or
c
intentionally refuses to supply any information, make any return, or produce any document when required to do so by, or otherwise intentionally obstructs, an authorised officer (or a person accompanying him and acting on his instructions) acting in exercise of a power conferred by regulation 13,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Proceedings for an offence under paragraph (1) or (2) above may, subject to paragraph (4) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
4
No such proceedings shall be commenced by virtue of this regulation more than five years after the commission of the offence.
5
For the purposes of this regulation —
a
a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate stating that matter purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
6
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
7
Where the affairs of a body corporate are managed by its members, paragraph (6) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Prosecutions
18
Proceedings for an offence under regulation 17 shall not be instituted except by the Minister.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
22nd March 2001


type: legislation

jurisdiction: UK

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


text:
1
This Order may be cited as the Road Traffic Offenders (Additional Offences and Prescribed Devices) Order 2001 and shall come into force on 1st June 2001.
2
In this Order, “the 1988 Act ” means the Road Traffic Offenders Act 1988.
3
In section 20(2) (evidence from prescribed devices: applicable offences), after paragraph (f) add —
g
an offence under section 29(1) of the Vehicle Excise and Registration Act 1994 (using or keeping an unlicensed vehicle on a public road).
.
4
1
The following device is prescribed for the purposes of section 20 of the 1988 Act: a device desigend or adapted to register —
a
an image of a vehicle and its registration mark; and
b
the time at which the image is registered.
and to record that information if, according to data stored by or otherwise accessible by the device, that vehicle is unlicensed
2
In this article, expressions which also occur in section 29 of the Vehicle Excise and Registration Act 1994 shall be construed in accordance with section 29 of that Act.
Charles Clarke
Minister of State
Home Office
9th May 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) Amendment Regulations 2001 and shall come into force on 1st April 2001.
2
In these Regulations “the principal Regulations ” means the National Health Service (General Medical Services) Regulations 1992 .
3
These Regulations extend only to England.
Amendment of Schedule 2 to the principal Regulations
2
1
In paragraph 43 of Schedule 2 to the principal Regulations (prescribing), in sub-paragraph (3) for “drugs specified in Schedule 2” substitute —
the drug buprenorphine or a drug specified in Schedule 2
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
5th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust (Establishment) Order 2001 and shall come into force on 7th February 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (A1) of that Act ;
“establishment date” means 7th February 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the Newcastle, North Tyneside and Northumberland Mental Health National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from:
i
Newcastle General Hospital, Westgate Road, Newcastle-upon-Tyne NE4 6BE;
ii
St Nicholas Hospital, Jubilee Road, Gosforth, Newcastle-upon-Tyne NE3 3XT;
iii
St George’s Hospital, Morpeth, Northumberland NE61 2NU,
and at or from associated hospitals, establishments or facilities.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by Health Authorities before operational date
7
1
The Newcastle & North Tyneside Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date that are of a description specified in paragraph (2) of this article.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Signed by the authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
28th January 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment No. 2) (England) Regulations 2001 and shall come into force on 6th July 2001.
2
These Regulations extend to England only.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended by the addition at the end of Schedule 4 (capital to be disregarded) of the following paragraph —
63
1
Subject to sub-paragraph (2), the amount of any trust payment made to the relevant person or a member of the relevant person’s family who is —
a
a diagnosed person;
b
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
c
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
d
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death.
2
Where a trust payment is made to —
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph 1(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to the relevant person or a member of a relevant person’s family who is —
a
the diagnosed person’s partner or the person who was the diagnosed person’s partner at the date of the diagnosed person’s death;
b
a parent of a diagnosed person, a person acting in the place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death; or
c
a member of the diagnosed person’s family (other than his partner) or a person who was a member of the diagnosed person’s family (other than his partner) at the date of the diagnosed person’s death,
but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.
4
Where a payment as referred to in sub-paragraph (3) is made to —
a
a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date;
c
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending —
i
two years after that date; or
ii
on the day before the day on which that person —
aa
ceases receiving full-time education; or
bb
attains the age of 19,
whichever is the latest.
5
In this paragraph, a reference to a person —
a
being the diagnosed person’s partner;
b
being a member of the diagnosed person’s family; or
c
acting in the place of the diagnosed person’s parents,
at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person being in residential accommodation, a residential care home or a nursing home on that date.
6
In this paragraph —
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“residential accommodation”, “residential care home” and “nursing home” have the same meanings as for the purposes of the Income Support (General) Regulations 1987 ;
“trust payment” means a payment under a relevant trust.
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Lord Falconer of Thoroton QC
Minister of State
Department for Transport, Local Government and the Regions
22nd July 2001
We consent to the making of these Regulations
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd July 2001


text:
Citation and commencement
1
This Order may be cited as the Southend on Sea Primary Care Trust (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
Amendment of Primary Care Trust Establishment Order
2
In the Southend on Sea Primary Care Trust (Establishment) Order 2000 article 8 shall be deleted.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2001


text:
Citation and commencement
1
This Order may be cited as the Community Order (Electronic Monitoring of Requirements) (Responsible Officer) (Amendment) Order 2001 and shall come into force at 7.00 pm on 1st October 2001.
Amendment of the Community Order (Electronic Monitoring of Requirements) (Responsible Officer) Order 2001
2
1
In article 5 of the Community Order (Electronic Monitoring of Requirements) (Responsible Officer) Order 2001 , for the text from “ GSSC ” to the end there is substituted “Reliance Secure Task Management Limited of Boundary House, Cricketfield Road, Uxbridge, Middlesex UB8 1QG”.
2
In the heading to Schedule 3 to that Order, for “GSSC OF EUROPE LIMITED” there is substituted “RELIANCE SECURE TASK MANAGEMENT LIMITED”.
Keith Bradley
Minister of State
Home Office
1st October 2001, at 6.00 pm


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 1) (England) Order 2001.
2
In this Order, “ the Act ” means the Health and Social Care Act 2001.
3
This Order extends to England only.
Appointed day
2
1
Subject to paragraph (2), 1st August 2001 is the day appointed for the coming into force of —
a
sections 3, 4, 13 and 46 to 48 of the Act, and
b
Schedule 4 to the Act.
2
Paragraph (1) does not apply to subsections (5) and (6) of section 47 of the Act in so far as those subsections relate to directions given under section 45 of the Act.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
30th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Establishment) Amendment (No.2) Order 2001 and shall come into force on 24th September 2001.
2
In this Order —
“the principal Order ” means the Southampton Community Health Services National Health Service Trust (Establishment) Order 1992 ;
“the Establishment Amendment Order ” means the Southampton Community Services National Health Service Trust (Establishment) Amendment Order 2001 ;
“ the trust ” means the National Health Service trust established by the principal Order;
Amendment of the NHS trust Establishment Order
2
For Article 3 of the principal Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely community health services, for the purposes of the health service, at or from Central Health Clinic, East Park Terrace, Southampton SO14 0YL;
and at or from any associated hospitals, establishments and facilities.
Revocation of the Establishment Amendment Order
3
The Southampton Community Health Services National Health Service Trust (Establishment) Amendment Order 2001 is hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
15th September 2001


text:
1
This Order may be cited as the Immigration and Asylum Act 1999 (Commencement No. 10) Order 2001.
2
The Provisions of the Immigration and Asylum Act 1999 specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule.
Home Office
Barbara Roche
Minister of State
5th April 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions)(Amendment No.5) Regulations 2001 and shall come into force on 26th July 2001.
Amendment of the Social Security (Contributions) Regulations 2001
2
Amend the Social Security (Contributions) Regulations 2001 in accordance with regulations 3 to 5.
3
1
Amend regulation 40 (prescribed emoluments in respect of which Class 1A contributions not payable) as follows.
2
In paragraph (2) —
a
before sub-paragraph (a) insert —
za
in Part V, paragraph 6A;
; and
b
in sub-paragraph (d) for “9 and 11 to 13” substitute “9, 11 to 13 and 15”.
3
In paragraph (7) omit sub-paragraph (a).
4
In paragraph 14(3)(b) of Schedule 2 (calculations of earnings for the purposes of earnings-related contributions in particular cases) for “the limit specified in Inland Revenue Extra-Statutory Concession A2 (luncheon vouchers) as published at 1st September 2000” substitute “15 pence,”.
5
1
Amend Schedule 3 (payments to be disregarded in the calculation of earnings for the purposes of earnings-related contributions) as follows.
2
In Part V (non-cash vouchers) —
a
in paragraph 6 omit sub-paragraph (a);
b
after paragraph 6 insert —
Meal vouchers
6A
15 pence per working day up to a maximum of £1.05 per week of the value of one or more non-cash vouchers which can only be exchanged for meals.
.
3
In Part IX (share incentives), after paragraph 3 insert —
“Short” share options granted on or after 6th April 1999
3A
A payment by way of the grant of a right to acquire shares obtained on, or after, 6th April 1999 which is not capable of being exercised more than ten years after it is obtained.
.
4
In Part X (miscellaneous and supplemental) —
a
in paragraph 1(1) for “14” substitute “15”; and
b
after paragraph 14 add —
Rewards for assistance with lost or stolen cards
15
1
A payment made by an issuer of charge cards, cheque guarantee cards, credit cards or debit cards, as a reward to an individual who assists in identifying or recovering lost or stolen cards in the course of his or her employment as an employed earner (other than employment by the issuer), together with any income tax paid by the issuer for the purpose of discharging any liability of the individual to income tax on the payment.
2
In this paragraph —
“charge card” means a credit card, the terms of which include the obligations to settle the account in full at the end of a specified period;
“cheque guarantee card” means a card issued by a bank or building society for the purpose of guaranteeing a payment or supporting the encashment of a cheque up to a specified value;
“credit card” means a card which —
may be used on its own to pay for goods or services or to withdraw cash, and
enables the holder to make purchases and to draw cash up to a prearranged limit; and
“debit card” means a card linked to a bank or building society current account, used to pay for goods or services by debiting the holder’s account.
.
Revocations
6
1
The instruments listed in paragraph (2) are revoked.
2
The instruments are —
a
the Social Security (Contributions) (Amendment No. 3) Regulations (Northern Ireland) 1989 ;
b
the Social Security (Contributions) (Amendment No. 6) Regulations (Northern Ireland) 1992 ; and
c
the Social Security (Contributions) (Amendment No. 3) (Northern Ireland) Regulations 2001 .
Nick Ainger
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd July 2001
The Secretary of State hereby concurs.
Malcolm Wicks
Parliamentary Under Secretary of State
Department for Work and Pensions
4th July 2001
The Department for Social Development hereby concurs.
Sealed with the Official Seal of the Department for Social Development on 28th June 2001.
John O'Neil
Senior Officer of the
Department for Social Development
Tim Flesher
Dave Harnett
Two of the Commissioners of Inland Revenue
27th June 2001


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Volunteers) Regulations 2001 and shall come into force on 24th September 2001.
Income support, jobseeker’s allowance, housing benefit and council tax benefit: disregard of expenses
2
1
In each of the provisions specified in paragraph (2) below (which relate to sums to be disregarded in the calculation of income other than earnings), after the word “incurred”, there shall be inserted the words “, or to be incurred,”.
2
The provisions specified for the purposes of paragraph (1) above are —
a
paragraph 2 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 ;
b
paragraph 2 of Schedule 4 to the Housing Benefit (General) Regulations 1987 ;
c
paragraph 2 of Schedule 9 to the Income Support (General) Regulations 1987 ;
d
paragraph 2 of Schedule 7 to the Jobseeker’s Allowance Regulations 1996 .
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd June 2001


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment (England) Regulations 2001 and shall come into force on 1st April 2001.
2
These Regulations extend to England only.
3
In these Regulations, “the principal Regulations ” means the Health Authorities (Membership and Procedure) Regulations 1996 .
Amendment of Schedule 1 to the Regulations
2
In Schedule 1 to the principal Regulations (Authorities with a university member), in column (1), for “Cambridge & Huntingdon Health Authority” substitute “Cambridgeshire Health Authority” .
Amendment of Schedule 2 to the principal Regulations
3
In Schedule 2 to the principal Regulations (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)) , after “Prescription Pricing Authority” insert —
Retained Organs Commission
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
8th March 2001


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


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Assistance (Sums for Personal Requirements) (England) Regulations 2001 and shall come into force on 9th April 2001.
2
These Regulations extend to England only .
Sum needed for personal requirements
2
The sum which under section 22(4) of the National Assistance Act 1948 a local authority shall assume that a person will need for his personal requirements shall be £16.05 per week.
Revocation
3
The National Assistance (Sums for Personal Requirements) Regulations 2000 are hereby revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
14th March 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment (England) Regulations 2001 and shall come into force on 13th August 2001.
2
These Regulations extend to England only.
Amendment of Regulations
2
In regulation 11 of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (disqualification for appointment of chairman and non-executive directors), in paragraph (5) , after paragraph (a) insert —
aa
the National Clinical Assessment Authority
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
19th July 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the District of Mid Suffolk (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 15th October 2002;
b
for all other purposes, on 1st May 2003.
3
In this Order —
“district” means the district of Mid Suffolk;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Map of the District of Mid Suffolk (Electoral Changes) Order 2001”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the district of Mid Suffolk
2
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Mid Suffolk
3
1
The ordinary elections of all councillors of the district of Mid Suffolk shall be held simultaneously on the ordinary day of election of non-metropolitan district councillors in 2003 and every fourth year after 2003.
2
The term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Wards of the parish of Combs
4
The parish of Combs 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 Haughley
5
The parish of Haughley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the 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 Stowmarket
6
1
The wards of the parish of Stowmarket shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 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 five.
Revocation
7
The District of Mid Suffolk (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
4th December 2001