text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 and shall come into force on 2nd July 2001.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Definitions
2
1
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions —
“the Decisions and Appeals Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
;
“relevant authority” means an authority administering council tax benefit;
.
2
In regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions —
“the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;
;
“relevant authority” means an authority administering housing benefit;
.
3
In regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations, for the definition of “person affected” there shall be substituted the following definition —
“person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;
.
Substitution of references to “appropriate authority” and “appropriate local authority”
3
1
Except in a case where paragraph (3)(a) below applies, in the provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 1 to these Regulations, for the words “appropriate authority”, wherever those words appear, there shall be substituted the words “relevant authority”.
2
Except in a case where paragraph (3)(b) below applies, in the provisions of the Housing Benefit Regulations specified in Part II of Schedule 1 to these Regulations, for the words “appropriate authority” and “appropriate local authority”, wherever those words appear, there shall be substituted the words “relevant authority”.
3
In —
a
regulations 56(2), 62(10) and (11), 63(5), 67(1), 77(1) and (4), 87(1) and 91(2) of, and paragraphs 1 and 16 of Schedule 6 to, the Council Tax Benefit Regulations; and
b
regulations 12A(1), (2A) and (5) , 12B(1) , 71(7) and 73(5) of, and paragraph 1 of Schedule 6 to, the Housing Benefit Regulations,
for the words “an appropriate authority” or “an appropriate local authority” there shall be substituted the words “a relevant authority”.
4
In regulation 2(1) of the Council Tax Benefit Regulations, the definition of “appropriate authority” shall be omitted.
Substitution of references to “determination” and related references
4
1
In the Council Tax Benefit Regulations —
a
in regulation 62(4)(c), for the words “date of determination of” there shall be substituted the words “date on which a decision was made”;
b
in regulation 64, for the word “determination” in both places where that word appears, there shall be substituted the word “decision”;
c
in regulation 65(1), for the words “its determination” there shall be substituted the words “a decision being made on it”;
d
in the title to Part IX, for the words “Determination of” there shall be substituted the words “Decisions on”;
e
in regulation 66 —
i
in the title, for the word “determination” there shall be substituted the word “decision”;
ii
in paragraph (2), for the word “determine” there shall be substituted the words “make a decision on”;
iii
in paragraph (3), for the words “Every claim shall be determined by the appropriate authority” there shall be substituted the words “The relevant authority shall make a decision on each claim”;
f
in regulation 67 —
i
in the title, for the word “determinations” there shall be substituted the word “decisions”;
ii
in paragraph (1), for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
iii
in paragraph (2) —
aa
for the word “determination”, in the first place where that word appears, there shall be substituted the words “a decision”;
bb
for the words “as to its determination of” there shall be substituted the words “for its decision on”;
g
in regulation 90(1)(b) and (3) , for the word “determination” there shall be substituted the word “decision”;
h
in paragraph 9 of Schedule A1 and in the title to that paragraph, for the words “notice of determination” there shall be substituted the words “the decision notice”.
2
In the Housing Benefit Regulations —
a
in regulation 5 —
i
in paragraph (6)(b), for the words “that claim has not yet been determined” there shall be substituted the words “no decision has yet been made on that claim”;
ii
in paragraph (7)(a), for the words “which has not yet been determined” there shall be substituted the words “in respect of which a decision has not yet been made”;
b
in regulation 72(4)(c), for the words “date of determination of” there shall be substituted the words “date on which a decision was made”;
c
in regulation 74, for the word “determination” in both places where that word appears, there shall be substituted the word “decision”;
d
in regulation 75(1), for the words “its determination” there shall be substituted the words “a decision being made on it”;
e
in the title to Part XI, for the words “Determination of” there shall be substituted the words “Decisions on”;
f
in regulation 76 —
i
in the title, for the word “determination” there shall be substituted the word “decision”;
ii
in paragraph (2), for the word “determine” there shall be substituted the words “make a decision on”;
iii
in paragraph (3), for the words “Every claim shall be determined by the appropriate authority” there shall be substituted the words “The relevant authority shall make a decision on each claim”;
g
in regulation 77 —
i
in the title, for the word “determinations” there shall be substituted the word “decisions”;
ii
in paragraph (1) , for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
iii
in paragraph (4) —
aa
for the word “determination”, in the first place where that word appears, there shall be substituted the words “a decision”;
bb
for the words “as to its determination of” there shall be substituted the words “for its decision on”;
h
in regulation 91 —
i
in paragraph (1) , for the word “determine” there shall be substituted the words “make a decision on”;
ii
in paragraph (2), for the words “subsequent determination” there shall be substituted the words “subsequent decision”;
iii
in paragraph (3), for the words “subsequent determination” there shall be substituted the words “the basis of the subsequent decision”;
i
in regulation 91A(1) , for the word “determine” there shall be substituted the words “make a decision on”;
j
in regulation 94(1A) , for the words “determination of” there shall be substituted the words “making of a decision on”;
k
in regulation 97(1A) , for the word “determination” there shall be substituted the word “decision”;
l
in regulation 98, for the word “determined” there shall be substituted the word “decided”;
m
in regulation 104(1)(b) and (3) , for the word “determination” there shall be substituted the word “decision”;
n
in paragraph 10 of Schedule A1 and in the title to that paragraph, for the words “notice of determination” there shall be substituted the words “the decision notice”.
Substitution of references to “review” and related references
5
1
In the Council Tax Benefit Regulations —
a
in regulation 27(5) , for the word “review”, in both places where that word appears, there shall be substituted the word “revision”;
b
in regulation 79(1), for the words “review of a determination of a decision” there shall be substituted the words “revision of a decision”;
c
in regulation 82(1) —
i
for the words “determination which is subsequently revised upon review or further review”, there shall be substituted the words “decision which is subsequently revised or further revised”;
ii
for the word “determination”, in both other places where that word appears, there shall be substituted the word “decision”;
d
in regulation 83, for the words “initial determination or as subsequently revised on review or further review”, there shall be substituted the words “the initial decision as subsequently revised or further revised”;
e
in regulation 84(5) —
i
for the word “reviewed” there shall be substituted the word “revised”;
ii
for the word “review” there shall be substituted the word “revision”.
2
In the Housing Benefit Regulations —
a
in regulation 36(5) , for the word “review” in both places where that word appears, there shall be substituted the word “revision”;
b
in regulation 97(1) —
i
for the words “determination which is subsequently revised upon review or further review”, there shall be substituted the words “decision which is subsequently revised or further revised”;
ii
for the word “determination”, in both other places where that word appears, there shall be substituted the word “decision”;
c
in regulation 98, for the words “initial determination or as subsequently revised on review or further review”, there shall be substituted the words “the initial decision as subsequently revised or further revised”;
d
in regulation 99(4) —
i
for the word “reviewed” there shall be substituted the word “revised”;
ii
for the words “date of review” there shall be substituted the words “the date on which the revision took place”.
Amendment of Schedule 6 to both the Council Tax Benefit Regulations and the Housing Benefit Regulations
6
1
In Schedule 6 to the Council Tax Benefit Regulations —
a
in the title, for the words “Notice of Determination” there shall be substituted the words “Decision Notice”;
b
subject to sub-paragraph (g) below, for the words “notice of determination”, wherever those words appear, there shall be substituted the words “decision notice”;
c
except in a case to which sub-paragraph (b) above applies, for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
d
in paragraph 1, for the words “69 (review of determinations)” there shall be substituted the words “in regulation 10 of the Decisions and Appeals Regulations”;
e
in paragraph 3, for the words “written representations in accordance with regulation 69(2)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision”;
f
in paragraph 4, for the words “written representation in accordance with regulation 69(2) (review of determinations)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations”;
g
for paragraph 5 there shall be substituted the following paragraph —
“Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.”;
h
in paragraph 8 —
i
for the word “review” there shall be substituted the word “revision”;
ii
in sub-paragraph (b), for the words “written representations in accordance with regulation 69(2) (review of determinations)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations;”.
iii
for the word “reviewed” there shall be substituted the word “revised”.
2
In Schedule 6 to the Housing Benefit Regulations —
a
in the title, for the words “Notice of Determination” there shall be substituted the words “Decision Notice”;
b
subject to sub-paragraph (g) below, for the words “notice of determination”, wherever those words appear, there shall be substituted the words “decision notice”;
c
except in a case to which sub-paragraph (b) above applies, for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
d
in paragraph 1, for the words “79 (review of determinations)” there shall be substituted the words “in regulation 10 of the Decisions and Appeals Regulations”;
e
in paragraph 3, for the words “written representations in accordance with regulation 79(2)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision”;
f
in paragraph 4, for the words “written representations in accordance with regulation 79(2) (review of determinations)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations”;
g
for paragraph 5 there shall be substituted the following paragraph —
Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.
;
h
in paragraph 8 —
i
for the word “review” there shall be substituted the word “revision”;
ii
in sub-paragraph (b), for the words “written representations in accordance with regulation 79(2) (review of determinations)” there shall be substituted the words “an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations”;
iii
for the word “reviewed” there shall be substituted the word “revised”.
Rent Officer determinations
7
In the Housing Benefit Regulations —
a
in regulation 12B(1)(b) , for the words “regulation 79(4A) (review of determinations)” there shall be substituted the words “regulation 12CA(2) (application for redetermination by Rent Officer)”;
b
after regulation 12C, there shall be inserted the following regulation —
Application for redetermination by Rent Officer
12CA
1
This paragraph applies where —
a
a person affected makes written representations which are signed by him, to a relevant authority concerning a decision which it makes in relation to him;
b
those representations relate, in whole or in part, to a Rent Officer’s determination or redetermination in exercise of the Housing Act functions; and
c
those representations are made no later than six weeks after the day on which the person affected was notified of the decision by the relevant authority.
2
Subject to paragraphs (3) and (4), where paragraph (1) applies, the relevant authority shall, within 7 days of receiving the representations, apply to the Rent Officer for a redetermination or, as the case may be, a further redetermination in exercise of the Housing Act functions and a copy of those representations shall accompany the local authority’s application.
3
Except where paragraph (4) applies, a relevant authority, in relation to any determination by a Rent Officer of an application under regulation 12A(1)(requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant’s dwelling to which that determination relates.
4
Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph —
a
the written representations made under paragraph (1) related to a redetermination by a Rent Officer made in response to an application by the relevant authority under regulation 12B;
b
at the time of that application, the Rent Officer has already provided a redetermination under this regulation of a determination made in response to an application under regulation 12A(1); and
c
both the application under this regulation referred to in sub-paragraph (b) and the second application for which this paragraph provides relate to the same claimant.
5
Where a decision has been revised in consequence of a redetermination, substitute determination or substitute redetermination by a Rent Officer in exercise of the Housing Act functions and that redetermination, substitute determination or substitute redetermination has led to —
a
a reduction in the maximum rent, the redetermination, substitute determination or substitute redetermination shall be a change of circumstance;
b
an increase in the maximum rent, the redetermination, substitute determination or substitute redetermination shall have effect in place of the original determination.
;
c
in regulation 12D, for the words “12B and 12C and 79(4A) and (4B)” there shall be substituted the words “12B, 12C and 12CA”.
Evidence and information
8
1
In regulation 63 of the Council Tax Benefit Regulations (evidence and information) —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraph (1A) and to paragraph 4 of Schedule A1 (treatment of claims for council tax benefit by refugees), a person who makes a claim, or a person to whom council tax benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, council tax benefit and shall do so within four weeks of being required to do so or such longer period as the relevant authority may consider reasonable.
1A
Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (3) applies.
;
b
in paragraph (2)(a), after the word “claimant” there shall be inserted the words “or the person to whom council tax benefit has been awarded”;
c
in paragraph (4), after the word “claimant” there shall be inserted the words “or a person to whom council tax has been awarded”.
2
In regulation 73 of the Housing Benefit Regulations (evidence and information) —
a
for paragraph (1) there shall be substituted the following paragraphs —
1
Subject to paragraph (1A) and to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within four weeks of being required to do so or such longer period as the relevant authority may consider reasonable.
1A
Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (3) applies.
;
b
in paragraph (2)(a), after the word “claimant” there shall be inserted the words “or the person to whom housing benefit has been awarded”;
c
in paragraph (4), after the word “claimant” there shall be inserted the words “or a person to whom housing benefit has been awarded”.
Other consequential amendments
9
1
In the Council Tax Benefit Regulations —
a
in regulation 59(1) , for the words “and regulation 59A” there shall be substituted the words “, regulation 59A or regulation 8(3) of the Decisions and Appeals Regulations”;
b
for regulation 84(3), there shall be substituted the following paragraph —
3
In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by —
a
the relevant authority;
b
an officer or person acting for that authority;
c
an officer of —
i
the Department of Social Security;
ii
the Department for Education and Employment;
iii
the Commissioners of the Inland Revenue,
acting as such; or
d
a person providing services to either Department or to the Commissioners referred to in (c),
where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
.
2
In the Housing Benefit Regulations —
a
in regulation 11(1A)(b) , for the words “superseding decision” there shall be substituted the words “decision made under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”;
b
in regulation 68 —
i
in paragraph (1) , for the words “or regulation 68A” there shall be substituted the words “, regulation 68A or regulation 8(3) of the Decisions and Appeals Regulations”;
ii
at the beginning of paragraph (2), there shall be inserted the words “Except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,”;
c
in regulation 96(1) , the words “, including any payment withheld under regulation 95(1) or (2),” shall be omitted;
d
for regulation 99(3), there shall be substituted the following paragraph —
3
In paragraph (2), “overpayment caused by official error” means an overpayment caused by a mistake made whether in the form of an act or omission by —
a
the relevant authority;
b
an officer or person acting for that authority;
c
an officer of —
i
the Department of Social Security;
ii
the Department for Education and Employment;
iii
the Commissioners of the Inland Revenue,
acting as such; or
d
a person providing services to either Department or to the Commissioners referred to in (c),
where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.
.
Revocations
10
1
The provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 2 to these Regulations shall be revoked.
2
The provisions of the Housing Benefit Regulations specified in Part II of Schedule 2 to these Regulations shall be revoked.
Maximum housing benefit: consequential amendments
11
1
In regulation 61 of the Housing Benefit Regulations (maximum housing benefit) —
a
in paragraph (1), the words “Subject to the following provisions of this regulation,” shall be omitted;
b
paragraphs (2), (3) and (4) shall be omitted;
c
paragraph (1) shall be renumbered “61.”.
2
In paragraph 7 of Schedule A1 to the Housing Benefit Regulations (claims for housing benefit by refugees: calculation of amount of benefit) —
a
in sub-paragraph (1), the words “Subject to sub-paragraph (2),” shall be omitted;
b
sub-paragraph (2) shall be omitted;
c
sub-paragraph (1) shall be renumbered “7.”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
26th April 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as The Free Zone (Southampton) Designation Order 2001 and shall come into force on 10th August 2001.
Designation of area as free zone
2
1
An area of 3.2436 hectares, in the City of Southampton, Hampshire, shown enclosed by a red line on a map (in this article referred to as “the map”), being of a scale of 1:2500, and signed by a Collector of Customs and Excise, shall be a free zone.
2
The map shall be kept by the Commissioners at their Headquarters, New King’s Beam House, 22 Upper Ground, London SE1 9PJ and a copy thereof at the offices of the responsible authority.
3
The map or the copy thereof may, on application, be inspected by members of the public at reasonable hours without charge.
Appointment of responsible authority
3
The responsible authority for the free zone shall be Southampton Free Trade Zone Limited whose Registered Office is 150 Holborn, London EC1N 2LR.
Period of validity of Order
4
This Order shall have effect for a period of 10 years from the date of coming into force.
Conditions imposed on responsible authority
5
The responsible authority shall —
a
maintain an office in the free zone or at such other place as the Commissioners may allow at which shall be kept any records, for which the responsible authority is responsible, relating to the free zone and the business carried on therein;
b
keep separate accounts in connection with the free zone;
c
provide such information in connection with the free zone and the operation thereof to any person authorised by the Treasury, as that person may reasonably require;
d
provide, free of expense to the Crown, such accommodation and facilities including furniture, fittings and equipment as the Commissioners may reasonably require and such accommodation and facilities shall be properly maintained, heated, lighted, ventilated and kept clean by the responsible authority;
e
provide, free of expense to the Crown, such area of land within the free zone as the Commissioners may reasonably require for the examination of goods and vehicles and shall provide and maintain such appliances and afford such other facilities which are reasonably necessary to enable an account to be taken of any goods or make any examination or search;
f
not permit a person to establish or carry on any trade or business in the free zone unless that person is authorised by the Commissioners to carry on such a trade or business in the free zone.
Health and safety
6
Without prejudice to the responsibilities of persons occupying premises within the free zone, the responsible authority shall ensure that the working conditions within the free zone are safe and without risk to the health and safety of persons employed by the Commissioners and shall comply with any requirements concerning health and safety imposed by any competent authority.
Graham Stringer
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th August 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Eastbourne (Electoral Changes) Order 2001.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on the day after that on which it is made;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Eastbourne;
“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 Borough of Eastbourne (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 Eastbourne
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nine wards which shall bear the names Devonshire, Hampden Park, Langney, Meads, Old Town, Ratton, St Anthony's, Sovereign and Upperton.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be 3.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Eastbourne
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
Of the councillors elected in 2002, one shall retire in 2003, one in 2004 and one in 2006.
5
Of the councillors elected in 2002 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Eastbourne (Electoral Arrangements) Order 1975 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
20th December 2001


text:
1
These Regulations may be cited as the Criminal Justice Acts 1987 and 1991 (Notice of Transfer) (Amendment) Regulations 2001 and shall come into force on 1st April 2001.
2
In Forms 1 and 3 in the Schedule to the Criminal Justice Act 1987 (Notice of Transfer) Regulations 1988 and in Forms 1 and 3 in the Schedule to the Criminal Justice Act 1991 (Notice of Transfer) Regulations 1992 for the words “Clerk to the Justices” there shall be substituted the words “Chief Executive to the Justices”.
Gareth Williams
Her Majesty’s Attorney General
13th February 2001


text:
Citation and commencement
1
1
This Order may be cited as the Cowes Harbour (Constitution) Revision Order 2001 and shall come into force on 18th June 2001.
2
The Cowes Harbour Acts and Orders 1897 to 1989 and this Order may be cited together as the Cowes Harbour Acts and Orders 1897 to 2001.
Incorporation of section 60 of the Commissioners Clauses Act 1847
2
Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Commissioners” means the Cowes Harbour Commissioners or, in respect of any period prior to the new constitution date, the Commissioners for the Harbour of Cowes;
“the new constitution date” means 1st July 2001.
Constitution of Commissioners
4
1
On and after the new constitution date, the Commissioners for the Harbour of Cowes shall be known as the Cowes Harbour Commissioners and shall, subject to article 7 below, consist of —
a
nine persons appointed by the Commissioners; and
b
the Chief Executive for the time being of the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
water related leisure activities;
b
shipping or other forms of transport;
c
financial management;
d
the laws relating to England;
e
safety or personnel management;
f
commercial marketing or information technology;
g
environmental matters affecting harbours; and
h
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1) above or article 9 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) above shall be made on, or as soon as reasonably practicable after, 18th June 2001.
2
The Commissioners shall appoint the person who is, at the date when they make the first appointments under paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 30th April 2004; and on and after the new constitution date shall be the chairman of the Commissioners.
3
Of the remaining first such appointed Commissioners —
a
three shall hold office from the new constitution date until 30th April 2002;
b
three shall hold office from the new constitution date until 30th April 2003;
c
two shall hold office from the new constitution date until 30th April 2004;
as the Commissioners shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) above (other than a Commissioner appointed under article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for a period of three years from 1st May next following his appointment.
Power to co-opt additional Commissioners
7
The Commissioners referred to in article 4(1) above may at any time co-opt not more than two persons to serve as Commissioners for such period not exceeding twelve months as the co-opting Commissioners may specify at the time of co-option.
Declaration to be made by Commissioners
8
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
9
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners in accordance with article 4(2) and (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
10
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from the meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months,
whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
11
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
12
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
13
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
b
send a copy of the statement to the Isle of Wight Council.
Borrowing powers
14
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit —
a
such sums of money as they think necessary not exceeding three million pounds (or that sum as adjusted in accordance with article 16 below); and
b
with the consent of the Secretary of State, such further sums of money as they may require.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
15
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed six hundred thousand pounds (or that sum as adjusted in accordance with article 16 below).
RPI adjustment of borrowing limits
16
1
On each anniversary of the new constitution date the sums mentioned in articles 14(1)(a) and 15 above shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Advisory bodies
17
1
The Commissioners shall establish one or more advisory body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall make arrangements for every such advisory body to meet not less than twice a year.
3
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such an advisory body whether or not that advisory body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
4
The advisory body or bodies established pursuant to this article shall consist of such number or numbers of persons appointed by the Commissioners as the Commissioners shall from time to time consider appropriate.
5
Appointments to an advisory body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
6
Any such advisory body may determine its own quorum and procedure and shall appoint a chairman.
7
An individual member of any such advisory body may, on giving notice in writing to the chairman of that body, send a substitute to any meeting of the body.
8
A member of such an advisory body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
9
A member of such an advisory body may resign his office at any time by notice in writing given to the chairman of the Commissioners.
10
In this article, “the harbour” means the harbour of Cowes and Cowes Roads as defined in section 3, of the Cowes Harbour Order 1931 .
Repeals and revocations
18
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed or revoked to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division
Department for Transport, Local Government and the Regions
14th June 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Yorkshire Wolds and Coast 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 Yorkshire Wolds and Coast 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 Yorkshire Wolds and Coast 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 East Riding and Hull 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 East Riding and Hull 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 Hull and East Riding Community Health 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
John Hutton
Minister of State,
Department of Health
14th February 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Authorities (Referendums) (Petitions and Directions) (England) (Amendment) (No. 2) Regulations 2001 and shall come into force on 23rd 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.
General interpretation
3
In regulation 2(1) (general interpretation), at the end of the definition of “outline fall-back proposals”, there shall be inserted “and”, and the following definition —
“the Referendums Regulations ” means the Local Authorities (Conduct of Referendums) (England) Regulations 2001
.
Timing of referendum
4
In regulation 16 (timing of referendum) —
a
in paragraph (1), for “paragraphs (2) and (3)”, there shall be substituted “paragraphs (2) to (3);”
b
after paragraph (2), the following paragraphs shall be inserted —
2A
Where, by virtue of paragraph (5) of regulation 14 (combination of polls) of the Referendums Regulations, the poll at a referendum is not taken together with the poll at an election, the referendum may be held within the period of 7 days beginning with the twenty-ninth day after the day on which the poll is taken at the election with which, but for that paragraph, the poll at the referendum would have been taken.
2B
Paragraph (1) above shall not apply where —
a
the day on which the poll at an election of a description mentioned in paragraph (2) of regulation 14 of the Referendums Regulations is taken falls within the period beginning with the day that is six months after the petition date and ending with the day that is seven months after that date; and
b
by virtue of paragraph (1) of regulation 14 of those Regulations, the poll at the referendum is taken together with the poll at the election.
; and
c
after paragraph (3), the following paragraph shall be added —
4
A referendum under this Part may not be held on —
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, or
c
any day appointed as a day of public thanksgiving or mourning.
.
Time for holding referendum required by direction
5
In regulation 21 (time for holding referendum required by direction), after paragraph (2), the following paragraphs shall be inserted —
2A
Where, by virtue of paragraph (5) of regulation 14 (combination of polls) of the Referendums Regulations, the poll at a referendum is not taken together with the poll at an election, the referendum may be held within the period of 7 days beginning with the twenty-ninth day after the day on which the poll is taken at the election with which, but for that paragraph, the poll at the referendum would have been taken.
2B
Paragraph (1) above shall not apply where —
a
the day on which the poll at an election of a description mentioned in paragraph (2) of regulation 14 of the Referendums Regulations is taken falls within the period beginning with the day that is six months after the date on which the direction was given and ending with the day that is seven months after that date; and
b
by virtue of paragraph (1) of regulation 14 of those Regulations, the poll at the referendum is taken together with the poll at the election.
2C
A referendum under this Part may not be held on —
a
a Saturday or Sunday,
b
Christmas Eve, Christmas Day, Maundy Thursday, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England, or
c
any day appointed as a day of public thanksgiving or mourning.
.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Hilary Armstrong
Minister of State,
Department of the Environment, Transport and the Regions
2nd April 2001


text:
Citation, application, commencement and interpretation
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001.
2
These Regulations apply in relation to local authorities in England.
3
These Regulations shall come into force, subject to paragraphs (4) and (5), on 10th July 2001.
4
Where, on 10th July 2001, a local authority are operating executive arrangements , the amendments specified or referred to in regulation 2 shall not have effect in relation to that authority until the day that falls three months after the day on which these Regulations are laid before Parliament.
5
Where —
a
at any time before 10th July 2001 a local authority have sent to the Secretary of State a copy of proposals drawn up in accordance with section 25 (proposals) of the 2000 Act or any comparable provision of regulations or an order under Part II (arrangements with respect to executives etc. ) of that Act; and
b
on 10th July 2001 the authority are not operating either executive arrangements or alternative arrangements ,
the amendments specified or referred to in regulation 2 shall not have effect in relation to the authority until —
i
in a case to which paragraph (6) applies, the day on which they first operate alternative arrangements based on their detailed fall-back proposals ;
ii
in any other case, the day that falls three months after the day on which they first operate executive arrangements.
6
This paragraph applies where —
a
the copy of the proposals sent to the Secretary of State as mentioned in paragraph (5) is accompanied by a copy of outline fall-back proposals which involve alternative arrangements; and
b
the proposals are rejected in a referendum.
7
In this regulation —
“the 2000 Act” means the Local Government Act 2000;
“outline fall-back proposals” —
in relation to proposals under section 25 of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;
in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action on receipt of direction) of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 , means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;
in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means an outline of the proposals that the authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;
in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the authority’s existing executive arrangements or existing alternative arrangements, as the case may be; and
“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act.
Amendment of Regulations
2
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended —
a
in regulation 4 (functions not to be the sole responsibility of an authority’s executive) —
i
in paragraph (3), by the insertion, after sub-paragraph (b), of the following —
bb
the approval, for the purposes of public consultation in accordance with regulation 10 or 22 of the Town and Country Planning (Development Plans) (England) Regulations 1999, of draft proposals associated with the preparation of alterations to, or the replacement of, a development plan;
;
ii
in sub-paragraph (a) of paragraph (5), by the insertion, immediately before “or”, of “for the inclusion of a disposal in a disposals programme”;
iii
in sub-paragraph (b) of paragraph (5), by the insertion, at the beginning, of “for consent to that disposal”; and
iv
by the insertion, after paragraph (11), of the following paragraphs —
12
The function, pursuant to an order under section 70 (functions of local authorities) of the Deregulation and Contracting Out Act 1994, of authorising a person to exercise a function to which that section applies (“section 70 function”) —
a
shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of that executive; and
b
shall not be the responsibility of such an executive to any other extent.
13
The function of revoking such an authorisation as is referred to in paragraph (12) —
a
shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of the executive; and
b
shall not be the responsibility of such an executive to any other extent.
;
b
in Schedule 1 (functions not to be the responsibility of an authority’s executive), in accordance with Part I of the Schedule to these Regulations;
c
in Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), in accordance with Part II of the Schedule to these Regulations; and
d
in Schedule 3 (functions not to be the sole responsibility of an authority’s executive), in accordance with Part III of the Schedule to these Regulations.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
18th June 2001


text:
Citation and commencement
1
These Rules may be cited as the Registered Designs (Amendment) Rules 2001 and shall come into force on 9th December 2001.
Amendment of the Registered Designs Rules 1995
2
The Registered Designs Rules 1995 shall be amended as follows.
3
In rule 2 (interpretation), for the definitions of “specimen” and “textile article” there shall be substituted —
“specimen” means a product to which a design is applied or in which it is incorporated;
“textile product” means textile and plastics piece goods, handkerchiefs, shawls and such other classes of products of a similar character as the registrar may from time to time decide; but does not include wallpaper and similar wall covering or lace goods;
4
Rule 13 shall be omitted.
5
For rule 14 there shall be substituted —
Product to which design is intended to be applied or in which it is intended to be incorporated
14
1
Every application shall specify the product to which the design is intended to be applied or in which it is intended to be incorporated.
2
If any question arises as to whether —
a
a design is intended to be applied to, or incorporated in, textile products, wallpaper or similar wall covering or lace; or
b
a product to which a design is intended to be applied or in which it is intended to be incorporated is made substantially of lace; or
c
a design intended to be applied to, or incorporated in, a textile product consists substantially of checks or stripes,
it shall be decided by the registrar.
3
Nothing in paragraph (1) of this rule shall be taken to limit the scope of protection conferred by registration of a design.
6
1
Rule 15 shall be amended as follows.
2
For the heading there shall be substituted “Partial disclaimers in relation to applications”.
3
For paragraph (1) there shall be substituted —
1
An application may be accompanied by a partial disclaimer, in a form satisfactory to the registrar, indicating that the design is the appearance of a part only of a product or limiting the scope or extent of protection of the design to be conferred by registration.
4
In paragraph (2), for the word “statement”, where it first appears, there shall be substituted “disclaimer” and the words “and it shall be separate from any other statement or disclaimer” shall be omitted.
7
Rule 16 shall be omitted.
8
In rule 17, the words from the beginning to “articles,” shall be omitted.
9
After rule 17 there shall be inserted —
Descriptions explaining representations
17A
A brief description explaining the representations may appear on the front of the first sheet only of each representation or specimen (except where the registrar is satisfied that this is impracticable in which case it shall appear in a place and in a form satisfactory to the registrar) but any such description shall not be taken to limit the scope of protection conferred by registration of a design.
10
Rule 18 shall be omitted.
11
In rule 19, the words “, whether to be applied to a single article or to a set of articles,” shall be omitted.
12
Rules 22 and 24 to 26 shall be omitted.
13
In rule 32, the words from “provided always that” to the end of the rule shall be omitted.
14
Rules 34 and 35 shall be omitted.
15
In rule 36 —
a
for the words “section 3(6)” there shall be substituted “section 3(5)”; and
b
for the words “rule 34 above” there shall be substituted “section 3B(3).”
16
After rule 36 there shall be inserted —
MODIFICATION OF APPLICATIONS FOR REGISTRATION
Period prescribed for the purposes of section 3B(3)
36A
The period prescribed for the purposes of section 3B(3), which relates to the making of a subsequent application for the registration of a design excluded from an earlier application, shall be the shorter of —
1
the period prescribed by rule 36 above for the completion of the earlier application (including any extension of time allowed under the said rule 36); and
2
the period starting with the making of the earlier application and ending on the date on which the certificate of registration of the design which is the subject of the earlier application (as amended) is granted.
17
The heading above rules 52 to 57 shall be amended as follows —
a
for the words “Compulsory Licence under Section 10 or Cancellation” there shall be substituted “Invalidation”; and
b
for the words “Section 11(2) or (3)” there shall be substituted “Section 11ZB”.
18
Paragraph (1) of rule 52 shall be amended as follows —
a
for the words “the grant of a compulsory licence under section 10 or for the cancellation” there shall be substituted “the invalidation”; and
b
for the words “section 11(2) or (3)” there shall be substituted “section 11ZB”.
19
In the heading above rule 58, for the words “Section 11(1)” there shall be substituted “Section 11”.
20
Rule 59 shall be omitted.
21
In paragraph (2) of rule 60, for the words “the grant of a compulsory licence or for the cancellation” there shall be substituted “the invalidation”.
22
In rule 68, the words “and any such evidence as is mentioned in section 5(2)(b)” shall be omitted.
23
Rule 69 shall be amended as follows —
a
for the words “to be applied to textile articles” there shall be substituted “intended to be applied to, or incorporated in, textile products”; and
b
for the words “to be applied to”, in the second place where they appear, there shall be substituted “intended to be applied to, or incorporated in”.
24
Rule 71 shall be amended as follows —
a
for the words “ an article” there shall be substituted “, or incorporated in, a product”; and
b
for the words from “as applied to that article” to “applied to that or any other article” there shall be substituted “appears to produce on the informed user the same overall impression as any registered design”.
25
1
Rule 76 shall be amended as follows.
2
In paragraph (3), for the words from “of time” to “section 6(2)” there shall be substituted “prescribed by rule 36A above”.
3
In paragraph (4) —
a
in sub-paragraph (b), the words “6(2) or” shall be omitted; and
b
in sub-paragraphs (c) and (ii) for the words from “of time” to “rule 34(1)(b) above” there shall be substituted “prescribed by rule 36A above”.
26
Designs Forms 2A, 19A and 21 in Schedule 1 are replaced by Designs Forms 2A, 19A and 21 in the Schedule to these Rules.
Transitional provisions
27
The amendments, revocations and insertions made by rules 3 to 12, 14 to 16 and 25 of these Rules and the substitution of a new Designs Form 2A made by rule 26 of these Rules shall not apply in relation to any applications for registration under the Registered Designs Act 1949 which have been made but not finally determined before the coming into force of these Rules (“pending applications”).
28
1
This rule applies to any registration under the Registered Designs Act 1949 which —
a
results from the determination of a pending application (within the meaning of rule 27) (“transitional registration”); or
b
has resulted from an application made before the coming into force of these Rules which has given rise to a right in a registered design which is in force at the coming into force of these Rules (“existing registration”) including —
i
any registration which has ceased to fall within sub-paragraph (a) of paragraph (1) of rule 29 below because the right in the registered design has been treated or restored as mentioned in sub-paragraph (ii) of that sub-paragraph; and
ii
any registration which has ceased to fall within sub-paragraph (b) of paragraph (1) of rule 29 below because the copyright in the registered design has come back into force by virtue of an extension of the period of copyright under section 8(2) of the Registered Designs Act 1949 as amended by regulation 13(8) of the Registered Designs Regulations 2001 .
2
Subject to paragraph (3), the amendments and revocations made by rules 3, 13 to 14, 17 to 19, 21 and 23 of these Rules and the substitution of a new Designs Form 19A made by rule 26 of these Rules shall not apply in relation to transitional or existing registrations.
3
The amendments, revocations and substitution mentioned in paragraph (2) above shall apply in relation to transitional and existing registrations in so far as such amendments, revocations and substitution relate to applications for the grant of a compulsory licence under section 10 of the Registered Designs Act 1949 or for cancellation of the registration of a design under section 11(3) of that Act (in each case as that Act has effect immediately before the coming into force of the Registered Designs Regulations 2001) unless such cancellation is by reference to an expiry of copyright occurring before the coming into force of these Rules.
29
1
This rule applies to —
a
any registration under the Registered Designs Act 1949 which —
i
has resulted from an application made on or after 1st August 1989 and before the coming into force of these Rules; and
ii
has given rise to a right in a registered design which is not in force at the coming into force of these Rules but which is capable of being treated as never having ceased to be in force by virtue of section 8(4) of the Registered Designs Act 1949 or of being restored by virtue of sections 8A and 8B of that Act;
b
any registration under the Registered Designs Act 1949 which —
i
has resulted from an application made before 1st August 1989; and
ii
has given rise to a copyright in a registered design which is not in force at the coming into force of these Rules but which would be capable of coming back into force by virtue of an extension of the period of copyright under section 8(2) of the Registered Designs Act 1949 if that provision were amended as set out in regulation 13(8) of the Registered Designs Regulations 2001; and
c
any former registration under the Registered Designs Act 1949 which resulted from an application made before the coming into force of these Rules.
2
The amendments and revocations made by rules 14, 17 to 19 and 21 of these Rules and the substitution of a new Designs Form 19A made by rule 26 of these Rules shall not apply in relation to lapsed and former registrations as mentioned in paragraph (1) so far as the amendments and revocations relate to the cancellation or invalidation of any such registration (other than cancellation by virtue of section 11(3) of the Registered Designs Act 1949 as it has effect immediately before the coming into force of the Registered Designs Regulations 2001 unless such cancellation is by reference to an expiry of copyright occurring before the coming into force of these Rules).
30
The revocation made by rule 22 of these Rules shall not apply in relation to any evidence filed in support of an application made before the coming into force of these Rules.
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets
Department of Trade and Industry
8th December 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norwich 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 Norwich 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 Norwich 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 Norfolk 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 Norfolk 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 Norwich Community Health Partnership 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:
Citation and commencement
1
This Order may be cited as the Transport for London (Bus Lanes) Order 2001 and shall come into force on 1st April 2001.
Amendment of provisions relating to bus lanes
2
Part I (preliminary) and Part II (bus lanes) of the London Local Authorities Act 1996 shall be amended in accordance with the Schedule to this Order.
Consequential repeals
3
In the London Local Authorities Act 2000 —
a
section 48, so far as it relates to section 4 of the London Local Authorities Act 1996; and
b
paragraph 1 of Schedule 2,
are repealed.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
5th March 2001


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Education Development Plans (England) Regulations 2001 and shall come into force on 21st December 2001.
2
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1980 Regulations ” means the Education (Middle Schools) Regulations 1980 ;
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 1998 Regulations ” means the Education (School Performance Targets) (England) Regulations 1998 ;
“the applicable period”, in relation to a school year, means the period starting with the beginning of that year and finishing with the end of the school day falling on the Friday before the last Monday in May in that year;
“absence”, in relation to maintained schools in the authority’s area, means a school session in respect of which a relevant day pupil is recorded as absent from such a school pursuant to the Education (Pupil Registration) Regulations 1995 ;
“breakdown by ethnic origin” means a breakdown as follows —
White — UK Heritage
White — European
White — other
Black — Caribbean Heritage
Black — African Heritage
Black — other
Indian
Pakistani
Bangladeshi
Chinese
Any other minority ethnic group
“children leaving public care” means children who are or have any time been, but are no longer —
looked after by a local authority within the meaning of section 22(1) of the Children Act 1989 ; or
the subject of a supervision order within the meaning of section 31(11) of the Children Act 1989;
and in respect of whom the local authority looking after the child or designated for the purposes of the supervision order is the same as the local education authority preparing the second plan;
“the first plan” means the education development plan which was prepared by a local education authority in accordance with section 6(1) of the 1998 Act;
“ GCSE ” means a General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“level 4” means level 4 of the National Curriculum level scale as determined by the results of the NC tests;
“level 5” means level 5 of the National Curriculum level scale as determined by the results of the NC tests or teacher assessment;
“NC tests” means National Curriculum tests administered to second and third key stage pupils respectively for the purpose of assessing the level of attainment which they have achieved in English, mathematics or science, being tests laid down in provisions made by the Secretary of State under the appropriate order made under section 356(2) of the 1996 Act in force when those tests are administered ;
“the overall absence rate”, in relation to a local education authority and to any school year, means the total number of absences from maintained schools in the authority’s area in the applicable period during that year, expressed as a percentage of the total number of possible attendances in that period;
“relevant day pupil”, in relation to a school and to a school year, means a pupil registered at that school apart from —
a boarder, or
a pupil who, before the beginning of the September immediately preceding 1st October in that school year, either —
has not attained the age of five years, or
has attained the age of sixteen years;
“second key stage pupils” means pupils who are in the second key stage referred to in section 355(1)(b) of the 1996 Act;
“the second plan” means the second education development plan to be prepared by a local education authority in accordance with these Regulations;
“teacher assessment” means assessment by a teacher in accordance with the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 ;
“third key stage pupils” means pupils who are in the third key stage referred to in section 355(1)(c) of the 1996 Act;
“the total number of possible attendances”, in relation to a local education authority and to any school year, means the number produced by multiplying the number of relevant day pupils at maintained schools in the authority’s area by the number of school sessions in the applicable period in that year;
“vocational qualification” means —
a Part One GNVQ;
an Intermediate GNVQ;
a Foundation GNVQ;
a GNVQ Language Unit, or
a Vocational GCSE,
approved by the Secretary of State under sections 96 and 98 of the Learning and Skills Act 2000 .
2
In these Regulations a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation or schedule to a numbered paragraph is to the paragraph in that regulation or schedule bearing that number.
3
Any reference in these Regulations to —
a
a pupil achieving a grade in a GCSE examination, or
b
achieving a vocational qualification,
by the end of the school year, shall be construed as a reference to that pupil achieving that grade or qualification in the school year in which he —
i
takes that examination, or
ii
(as the case may be) completes the course leading to the award of that qualification,
irrespective of whether the decision to award the grade or qualification is made in a later school year.
4
The references to pupils achieving particular grades in GCSE examinations in regulations 9 and 14 shall be construed for the purpose of those provisions so as to include references to pupils achieving corresponding awards in an equivalent number of vocational qualifications.
5
Schedule 1 to these Regulations shall have effect for determining for the purposes of regulations 9 and 14 —
a
questions as to —
i
which vocational qualification award corresponds to which GCSE examination grade, and
ii
the equivalency between GCSE examination results and vocational qualifications; and
b
the calculations of the average point score in relation to pupils' achievements in GCSE examinations and vocational qualifications.
Preparations of education development plans
3
Every local education authority shall prepare a second plan in accordance with the provisions of these Regulations.
Period to which the statement of proposals must relate
4
The statement of proposals contained in the second plan must relate to the period beginning on 1st April 2002 and ending at the end of the school year beginning 2006.
Submission of education development plan to the Secretary of State
5
The date by which, in accordance with section 7(1) of the 1998 Act, a local education authority must submit the second plan to the Secretary of State is 31st January 2002.
Copies of the education development plan
6
The persons to whom a local education authority must provide a copy of the second plan or a summary version of that plan, in accordance with section 7(9) of the 1998 Act, are the head teacher and chair of the governing body of every school maintained by the authority.
PART II
MATTERS WITH WHICH THE STATEMENT OF PROPOSALS MUST DEAL
Targets for pupils in the second key stage
7
1
The statement of proposals contained in the second plan must specify the targets referred to in paragraph (2) in connection with the performance of the relevant group of second key stage pupils in NC tests to be administered at or near the end of each of the school years beginning in 2002 and 2003 respectively.
2
The targets referred to in paragraph (1) are —
a
the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in English;
b
the percentage of the relevant group of second key stage pupils to achieve level 5 or above in such tests in English;
c
the percentage of the relevant group of second key stage pupils to achieve level 4 or above in such tests in mathematics; and
d
the percentage of the relevant group of second key stage pupils to achieve level 5 or above in such tests in mathematics.
3
The statement of proposals contained in the second plan must, as well as stating the overall percentage figure for the targets set out in paragraph (2), contain a breakdown of these targets by ethnic origin of the pupils.
4
In this regulation, “the relevant group of second key stage pupils”, in relation to each of the school years beginning in 2002 and 2003 respectively, means all persons whom the local education authority estimate will, in the school year in question and at the time the NC tests are undertaken —
a
be registered pupils at a school maintained by the authority; and
b
be in the final year of the second key stage.
Targets for pupils in the third key stage
8
1
The statement of proposals contained in the second plan must specify the targets referred to in paragraph (2) in connection with the performance of the relevant group of third key stage pupils in NC tests or, in the case of information and communication technology, teacher assessments, to be administered at or near the end of each of the school years beginning 2002 and 2003 respectively.
2
The targets referred to in paragraph (1) are —
a
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in NC tests in English;
b
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in such NC tests in mathematics;
c
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in such NC tests in science; and
d
the percentage of the relevant group of third key stage pupils to achieve level 5 or above in teacher assessments in information and communication technology.
3
The statement of proposals contained in the second plan must, as well as stating the overall percentage figure for the targets set out in paragraph (2), contain a breakdown of these targets by ethnic origin of the pupils.
4
In this regulation, “the relevant group of third key stage pupils”, in relation to each of the school years beginning in 2002 and 2003 respectively, means all persons whom the local education authority estimate will, in the school year in question and at the time the NC tests or teacher assessments are undertaken —
a
be registered pupils at a school maintained by the authority, and
b
be in the final year of the third key stage.
GCSE and vocational qualifications
9
1
The statement of proposals contained in the second plan must specify the targets referred to in paragraph (2) in connection with the performance of the relevant group of pupils in GCSE examinations or in obtaining vocational qualifications.
2
The targets referred to in paragraph (1) are —
a
the percentage of the relevant group of pupils to achieve, by the end of each of the school years beginning in 2002 and 2003 respectively, grades A* to C in five or more subjects in GCSE examinations;
b
the percentage of the relevant group of pupils to achieve, by the end of each of the school years beginning 2002 and 2003 respectively, grades A* to G in five or more subjects including English and mathematics in GSCE examinations;
c
the average point score to be achieved by the relevant group of pupils by the end of each of the school years beginning 2002 and 2003 respectively, in GCSE and vocational qualifications;
3
The statement of proposals contained in the second plan must, as well as stating the overall percentage figure for the targets set out in sub-paragraphs (2)(a) to (c), contain a breakdown of these targets by ethnic origin of the pupils.
4
In this regulation, “the relevant group of pupils”, in relation to each of the school years beginning in 2002 and 2003 respectively, means all persons whom the local education authority estimate —
a
will on the third Thursday in January of the school year in question be registered pupils at a school maintained by the authority, and
b
will attain the age of 16 during that school year.
Targets for attendance
10
1
The statement of proposals contained in the second plan shall specify the targets referred to in paragraph (2).
2
The targets referred to in paragraph (1) are the overall absence rate in each of the school years beginning in 2002 and 2003 respectively, in —
a
maintained schools (other than special schools and any school situated in a hospital) in the authority’s area which are primary schools or middle schools deemed to be primary schools in accordance with regulation 3 of the 1980 Regulations;
b
maintained schools (other than special schools and any school situated in a hospital) in the authority’s area which are secondary schools or middle schools deemed to be secondary schools in accordance with regulation 4 of the 1980 Regulations; and
c
maintained schools (other than any school situated in a hospital) in the authority’s area which are special schools.
Information used by a local education authority in the setting of targets
11
The statement of proposals contained in the second plan shall contain a statement —
a
explaining how the local education authority has arrived at the targets referred to in regulations 7 to 10 by reference to a summary of the information used; and
b
describing the way in which the local education authority engages with schools maintained by the authority to assist the governing bodies of such schools to set the targets they are required to set by virtue of the 1998 Regulations, including a description of the information given by the authority to such schools to assist such schools to set those targets.
Priorities for school improvement
12
1
The statement of proposals contained in the second plan shall set out the priorities identified by the local education authority for the period set out in regulation 4 for raising the standards of education provided for children in the authority’s area and for improving the performance of schools maintained by the authority.
2
In setting out these priorities in the statement of proposals, the authority shall set out in the statement of proposals —
a
a description of changes in the key characteristics of the authority which have occurred since the preparation of the first plan and which the authority consider relevant to the improvement of, and the raising of standards in, schools in its area;
b
a description of the processes by which the authority have evaluated their own progress and the progress of schools maintained by the authority since they prepared the first plan, in the light of the activities set out in the first plan which they have undertaken, and the outcomes of that evaluation;
c
a description of the processes by which the authority have reviewed their own performance and the performance of schools maintained by the authority based on the latest available performance information immediately prior to the preparation of the second plan, and the outcome of that review; and
d
the basis on which each of the priorities was identified and how each priority will contribute to raising the standards of education for all children in their area, including those with special educational needs, and to achieving the targets referred to in regulations 7 to 10.
3
The statement of proposals contained in the second plan shall indicate in broad terms the activities which the authority propose to undertake in the financial year beginning in 2002 to address each of the priorities identified in the statement of proposals in accordance with paragraph (1).
PART III
MATERIAL TO BE CONTAINED IN ANNEXES TO THE STATEMENT OF PROPOSALS
General
13
The annexes to the statement of proposals contained in the second plan must contain the material specified in regulations 14 to 18.
Targets
14
The material referred to in regulation 13 includes a table showing —
a
the targets for the school year beginning in 2002 which the governing body of each maintained school in the authority’s area have set by virtue of regulation 3, 3A, 4 or 4A (or, as the case may be, several or all) of the 1998 Regulations;
b
the targets for the school year beginning in 2002 which the governing body of any maintained school in the authority’s area have set by virtue of regulation 3 of the Education (School Attendance Targets) (England) Regulations 1999 ;
c
the targets for the percentage of children leaving public care by the end of each of the school years beginning in 2002 and 2003 respectively and who will have attained the age of at least 16, to achieve grades A* to C in five or more subjects in GCSE examinations in those school years; and
d
the targets for the percentage of children leaving public care by the end of each of the school years beginning in 2002 and 2003 respectively and who will have attained the age of at least 16, to achieve grades A* to G in one or more subjects in GCSE examinations in those school years.
Description of the local education authority’s proposed activities
15
The material referred to in regulation 13 includes a breakdown and detailed description for the financial year beginning in 2002 of each of the activities indicated in broad terms in the statement of proposals in accordance with regulation 12(3).
Resources
16
The material referred to in regulation 13 includes a table showing the local education authority’s planned expenditure in the financial year beginning in 2002 in respect of each of the priorities set out in the statement of proposals in accordance with regulation 12(1), comprising expenditure to be deducted from their local schools budget in accordance with regulations under section 46(2) of the 1998 Act (but excluding expenditure to be met from funding devolved to schools), showing separately expenditure expected to be offset by specific grants and contributions required from the local education authority as a condition of the grants.
Monitoring and evaluating the education development plan
17
The material referred to in regulation 13 includes an explanation of the way in which the local education authority propose to monitor and evaluate —
a
their activities and achievements in relation to the targets referred to in regulations 7 to 10 and the priorities and activities referred to in regulation 12, including the way in which the authority propose to monitor and evaluate the achievements of schools maintained by the authority; and
b
the authority’s use of resources in support of the second plan.
Consultation by the local education authority
18
The material referred to in regulation 13 includes a description of the consultation undertaken by the local education authority in preparing the second plan including, in particular, the following information —
a
the number and types of persons consulted,
b
a summary of the consultation responses,
c
the ways, if any, in which those responses have been reflected in the second plan, and
d
any significant areas in which those consulted disagreed with the second plan and the consultees concerned.
Stephen Timms
Minister of State,
Department for Education and Skills
30th November 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Day Care and Child Minding (National Standards) (England) Regulations 2001 and shall come into force on 2nd July 2001.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations unless the context otherwise requires —
“ the Act ” means the Children Act 1989;
“child care category” means each one of the five categories of child minding and day care provision set out in the national standards documents;
“national standards” means the standards numbered 1 to 14 set out in each of the national standards documents;
“national standards document” means a document published by the Department for Education and Employment listed in Schedule 1 to these Regulations;
“parent”, in relation to a child, includes any person —
who is not his parent but who has parental responsibility for him, or
who has care of him;
“person in charge” means in relation to day care the individual appointed by the registered person as the person in charge of providing actual day care on the premises;
“registered person” means a person registered under Part XA of the Act as a child minder or a provider of day care;
“supporting criteria” means the criteria set out in respect of each national standard in each national standards document.
National Standards
3
1
In exercising his functions under Part XA of the Act, the Chief Inspector —
a
shall have regard to the national standards and supporting criteria; and
b
may take account of —
i
the duty imposed on a registered person by paragraph (2); and
ii
any failure or alleged failure of such a person to comply with that duty in any respect or on any occasion.
2
A registered person who acts as a child minder, or provides day care, on premises shall —
a
meet the requirements of the national standards; and
b
have regard to the supporting criteria applicable to the child care category into which he falls.
3
Any allegation that a registered person has failed to comply with paragraph (2) may be taken into account in any proceedings under Part XA of the Act.
Provision of information
4
1
A registered person shall notify the Chief Inspector of the occurrence of any of the events set out in Schedule 2 to these Regulations and shall at the same time provide him with any information specified in that Schedule in respect of that event.
2
Notification shall be made —
a
where it is reasonably practicable to do so, in advance of the event occurring, and
b
in all other cases as soon as reasonably practicable, but not later than 14 days, after the event has occurred.
Keeping of records
5
1
Subject to paragraph (2), a registered person shall —
a
keep at the premises all the records specified in Schedule 3 to these Regulations;
b
preserve every entry in the records specified in paragraphs 5, 6 and 7 of that Schedule for a period of two years from the date on which the entry was made; and
c
provide the Chief Inspector with copies of such of those records as he may from time to time request.
2
A registered person who provides day care by means of an open access scheme is not required to keep the records specified in paragraphs 1, 2 and 5 of that Schedule.
3
An “open access scheme” is a scheme for the provision of day care which does not require —
a
children to be accompanied by a parent or other responsible person while on the premises at which the day care is provided; or
b
children to be escorted by a parent or other responsible person to and from those premises.
Notice
6
1
Where the Chief Inspector considers that a registered person has failed to comply with the requirements of regulation 3(2) or regulation 5 he may give notice to the registered person specifying —
a
in what respect that person has failed or is failing to comply with the requirements of that paragraph,
b
what action the person should take to comply, and
c
the period within which that person should take action, such period to begin with the date of the notice.
2
A registered person shall comply with the terms of the notice within the period specified in that notice.
3
A notice under this regulation shall be given in accordance with regulation 7.
Service
7
1
A notice may be given by being delivered personally to the registered person, sent by post in a registered letter or by the recorded delivery service or by being transmitted electronically.
2
For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a registered person enclosing a notice given under this regulation shall be deemed to be properly addressed if it is addressed to him at the home address notified to the Chief Inspector upon the registered person’s application for registration or subsequently.
3
A notice is transmitted electronically for the purposes of paragraph (1) where the particulars contained in the notice are transmitted by electronic means from a computer system operated by the Chief Inspector to a computer system operated by the registered person at any number or address used for the purposes of electronic communications notified by that person to the Chief Inspector.
Offence
8
1
A registered person who, without reasonable excuse, has failed to comply with the requirements of regulation 4 or paragraph (2) of regulation 6 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Proceedings under this regulation may only be taken by the Chief Inspector.
Margaret Hodge
Parliamentary Under Secretary of State,
Department for Education and Employment
9th May 2001