text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Enfield 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 Enfield 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 Enfield 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, 7 officer members and 7 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of Chief Executive, Director of Finance, Nursing Director and Medical Director 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 Enfield & Haringey 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 Enfield & Haringey 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 Enfield Community Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
17th February 2001


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Justices' Chief Executives (Accounts) Regulations 2001 and shall come into force on 1st April 2001.
Interpretation
2
In these Regulations —
“ the Act ” means the Justices of the Peace Act 1997;
“accounting division” means an administrative group of courts for which a justices' chief executive is the collecting officer pursuant to section 41A of the Act; and
“the quarters” means the following periods of three months in any calendar year, namely January to March, April to June, July to September and October to December.
Scope of the Regulations
3
These Regulations apply to all sums (“relevant sums”) received or receivable, or paid or payable, by a justices' chief executive in his capacity as a justices' chief executive or as collecting officer of any magistrates' court, except —
a
any in respect of his salary or expenses or other sums received or receivable by him for his own use;
b
any in respect of capital or revenue grants; or
c
any in respect of a contract.
Written accounts to be kept and produced
4
1
A justices' chief executive shall keep such written accounts of all relevant sums as are necessary to give to any authorised person inspecting or auditing them a clear and accurate account of the said sums.
2
A justices' chief executive shall keep a single set of accounts in respect of all courts or, if the courts for which the justices' chief executive is the collecting officer form more than one accounting division, separate accounts in respect of each accounting division, within the area of the magistrates' courts committee which appointed him.
3
In this regulation “authorised person” means a person authorised by the Lord Chancellor for the purpose of regulation 5(1).
Inspection and audit of accounts
5
1
The accounts kept by a justices' chief executive under these Regulations shall be subject to inspection and audit by persons authorised for that purpose by the Lord Chancellor.
2
A justices' chief executive shall give all reasonable assistance to persons inspecting or auditing accounts in accordance with this regulation and shall produce to them relevant moneys, books, documents and other records including electronic records.
Bank accounts
6
1
Subject to paragraph (4), a justices' chief executive shall maintain one or more accounts at a bank in respect of sums received or paid by him.
2
A justices' chief executive shall select an account (or accounts) which provides the most suitable service and the best value for money.
3
In paragraph (1) “bank” means —
a
an institution authorised under the Banking Act 1987 ;
b
a building society authorised under the Building Societies Act 1986 which is able to provide corporate banking facilities; or
c
a credit institution authorised in a member State other than the United Kingdom to provide banking services and providing such services in the United Kingdom pursuant to the Banking Co-ordination (Second Council Directive) Regulations 1992 ,
which is a member of the inter-bank payment clearing systems operating in the United Kingdom.
4
Before opening an account with an institution mentioned in subsection (3)(c) above, a justices' chief executive shall consult the Lord Chancellor.
Payment of sums to the Lord Chancellor and other persons
7
1
A justices' chief executive shall pay, not later than the tenth day of each month, to the Lord Chancellor all sums held by the justices' chief executive at the expiration of the previous month which are payable to the Lord Chancellor under section 60(1) of the Act.
2
Where a justices' chief executive keeps separate accounts for each accounting division he shall make separate payments to the Lord Chancellor for each accounting division.
3
Whenever a justices' chief executive remits to a person other than the Lord Chancellor a sum to which that person is entitled he shall give to that person a statement of the details of the sum or sums received by the justices' chief executive of which the remittance is composed.
Quarterly returns
8
1
A justices' chief executive shall, in respect of each of the quarters in any year on or after the first, and not later than the twenty-first, day of the month following the end of the quarter, send a return, together with a duplicate copy, in the form set out in the Schedule to these Regulations, or in a form to the like effect, showing in relation to the quarter the information in respect of relevant sums indicated in the form in the Schedule —
a
to the Lord Chancellor, and
b
to the chairman of the magistrates' courts committee which appointed him.
2
Where, under regulation 4(2), the justices' chief executive keeps separate accounts in respect of each accounting division, he shall make separate returns in respect of each accounting division, but otherwise he shall make a single return.
3
The first return to be made under this regulation shall be made in respect of the quarter ending at the expiration of the month of June 2001.
Jane Kennedy
Parliamentary Secretary,
Lord Chancellor’s Department
18th February 2001
We concur
Jim Dowd
Clive Betts
Two of the Lords Commissioners of Her Majesty’s Treasury
20th February 2001


text:
Citation and commencement
1
This Order may be cited as the North Hampshire, Loddon Community National Health Service Trust (Dissolution) Order 2001 and shall come into force on 1st April 2001.
Dissolution of NHS trust
2
The North Hampshire, Loddon Community National Health Service Trust established by the North Hampshire, Loddon Community National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is hereby revoked.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
27th February 2001


text:
Citation and commencement
1
This order may be cited as the Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) Order 2001 and shall come into force on the day after the day on which it is made.
Appointed day
2
The day hereby appointed for the purposes of section 2(2)(b) of the Act is 27th February 2002, being not more than twelve months after the day on which this Order is made or more than five years after the day on which the Act was passed.
3
The Northern Ireland Arms Decommissioning Act 1997 (Amnesty Period) ( No. 2) Order 2000 is hereby revoked.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
13th April 2001


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Oldham) Order 2001 and shall come into force on 1st October 2001.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the Metropolitan Borough of Oldham with the exception of the following roads:
a
the A627 (M) motorway, including all its on and off slip roads, from its junction with the metropolitan borough boundary to its junction with the section of the A627 road known as Chadderton Way at Broadway roundabout;
b
the section of the A627 road known as Chadderton Way from its junction with the A627 (M) motorway at Broadway roundabout to its junction with the section of the A627 road known as Oldham Way at Featherstall Road North roundabout including all its on and off slip roads and both the Broadway roundabout and Featherstall Road North roundabout;
c
the section of the A627 road known as Oldham Way from its junction with the section of the A627 road known as Chadderton Way at Featherstall Road North roundabout to its junction with the A62 road, also known as Oldham Way, at the Manchester Street roundabout and including all its on and off slip roads and the Manchester Street roundabout;
d
the section of the A62 road known as Oldham Way from its junction with the section of the A627 road also known as Oldham Way at the Manchester Street roundabout to its junction with the section of the A62 road known as Bottom o' th' Moor at Mumps roundabout and including all its on and off slip roads and the Mumps roundabout and the King Street roundabout; and
e
the M60 motorway for its entire length in the metropolitan borough including all its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
5th September 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Greenwich Healthcare National Health Service Trust Change of Name and (Establishment) Amendment Order 2001 and shall come into force on 1st April 2001.
2
In this Order —
“ the Order ” means the Greenwich Healthcare National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Queen Elizabeth Hospital National Health Service Trust instead of the Greenwich Healthcare National Health Service Trust and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Greenwich Healthcare” substitute “Queen Elizabeth Hospital”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Further amendment of NHS trust establishment order
3
1
In article 1(2) of the Order (citation, commencement and interpretation), omit the definition of “community health services”.
2
For article 3 of the Order (nature and functions of the trust) substitute the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service, at or from —
a
Queen Elizabeth Hospital, Stadium Road, Woolwich, London SE18 4QH;
b
Memorial Hospital, Shooters Hill, London SE18 3RZ,
and at or from any associated hospitals, establishments and facilities.
.
3
The Schedule to the Order is omitted.
Signed by authority of the Secretary of State
John Denham
Minister of State,
Department of Health
22nd March 2001


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) (Pension Sharing) Regulations 2001 and shall come into force on 21st August 2001 but shall have effect from 1st December 2000.
2
In these Regulations —
a
“the principal Regulations” means the Parliamentary Pension (Consolidation and Amendment) Regulations 1993 ;
b
“the 1995 Regulations” means the Parliamentary Pensions (Amendment) Regulations 1995 ;
c
“the AVC Regulations” means the Parliamentary Pensions (Additional Voluntary Contributions Scheme) Regulations 1993 .
Amendments to the principal Regulations, the 1995 Regulations and to the AVC Regulations
2
1
The amendments to the principal Regulations set out in Schedule 1 to these Regulations shall have effect.
2
The amendments to the 1995 Regulations set out in Schedule 2 to these Regulations shall have effect.
3
The amendments to the AVC Regulations set out in Schedule 3 to these Regulations shall have effect.
Robin Cook
Leader of the House of Commons
19th July 2001
I consent on behalf of the Minister for the Civil Service
Macdonald of Tradeston
19th July 2001


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001 and shall come into force on 24th January 2001.
Amendment of 1998 Order
2
1
The Greater Manchester (Light Rapid Transit System) (Ashton-under-Lyne Extension) Order 1998 is amended as follows.
2
In article 2 (interpretation) —
a
in the definition of “the book of reference”, at the end insert “together with the additional book of reference certified by the Secretary of State for the purposes of this Order”;
b
in the definition of “the land plans” at the end insert “together with the additional plans certified by the Secretary of State as the additional plans for the purposes of this Order”;
c
in the definition of “the sections” at the end insert “together with the additional sections certified by the Secretary of State as the additional sections for the purposes of this Order”; and
d
in the definition of “the works plans” at the end insert “together with the additional plans certified by the Secretary of State as the additional plans for the purposes of this Order”.
3
In article 5 (power to construct and maintain works) —
a
at the beginning of paragraph (1) insert —
“Subject to paragraph (1A) below”; and
after paragraph (1) insert —
1A
The undertaker may construct and maintain any part of Work No. 16 so as to form a junction with any part of Works Nos. 17 to 20 to which it connects but shall not construct both a part of Work No. 16 and any part of Works Nos. 17 to 20 where those parts extend between the same points of commencement and termination.
.
4
In article 48 (certification of plans) delete the words from “and a document so certified” to the end of the article and insert —
2
The undertaker shall, as soon as practicable after the making of the Greater Manchester (Light Rapid Transit System) (Ashton Moss Variation) Order 2001 , submit copies of the additional book of reference, the additional plans and the additional sections to the Secretary of State for certification that they are true copies of, respectively, the additional book of reference forming part of the book of reference, the additional sections forming part of the sections and the additional plans forming part of the land plans and the works plans.
3
A document certified by the Secretary of State as a true copy of the book of reference, the additional book of reference, the sections, the additional sections, the land plans, the public open space plans, the works plans or the additional plans shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy (but in the case of the book of reference, the sections, the land plans and the works plans upon the basis that they do not include the additional book of reference, the additional sections and the additional plans).
.
5
In Schedule 1 (scheduled works), at the end insert —
Work No. 17 A tramroad 581 metres in length (double line) commencing by a junction with Work No. 16 and running north east to the north of the Ashton Northern By-pass (under construction) before terminating at a point 195 metres east of Moss Lodge Lane. Work No. 18 A street tramway 563 metres in length (double line) commencing by a junction with Work No. 17 and running north east in the carriageway and central reservation of Ashton Northern By-pass (under construction), crossing over Moss Lane and the proposed M60 (under construction) before termination at a point 142 metres east of Moss Lane. Work No. 19 A street tramway 923 metres in length (double line) commencing by a junction with Work No. 18 and running north east and then east, to the south of Raynor Lane, crossing over Robinson Lane, across Richmond Street, over the Ashton Moss South Junction railway lines before terminating at a point 55 metres west of Cavendish Street (north). Work No. 20 A tramroad 155 metres in length (double line) commencing at a junction with Work No. 19 and running east then south east before terminating at a point 2 metres west of Cavendish Street.
.
6
In Schedule 3 (streets subject to alteration of layout), at the end, insert in columns (2) and (3) respectively —
Ashton Northern Bypass Kerb line of eastbound carriageway to be set back between WS 51 and WS 52. Ashton Northern Bypass Kerb line of eastbound carriageway to be set back between WS 53 and WS 54. Ashton Northern Bypass Kerb line of eastbound carriageway to be set back between WS 55 and WS 56. Ashton Northern Bypass Kerb line of westbound carriageway to be set back between WS 57 and WS 58. Wellington Road Formation of new access point for proposed substation at WE5.
7
In Schedule 6 (level crossings), at the end of column (2) in both Part I and II , insert —
Any highway (other than the M60) crossed by Works Nos. 17 to 20
.
Signed by authority of the Secretary of State for the Environment, Transport and Regions
Ellis Harvey,
Head of the Transport and Works Act Processing Unit
Department of the Environment, Transport and the Regions
3rd January 2001


text:
Citation, commencement and extent
1
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 3) Order 2001 and shall come into force on 31st May 2001.
2
This Order extends to England only .
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State for the Environment, Transport and the Regions to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England —
Thurrock Community Leisure Limited ;
Care Plus Trust Limited ; and
Paddington Development Trust .
Restrictions on agreements — Thurrock Community Leisure Limited
3
Agreements which may be entered into by Thurrock Community Leisure Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services to it by Thurrock Borough Council;
b
that any such agreements are entered into during a period in respect of which it receives a grant from Thurrock Borough Council under section 19(3)(b) of the Local Government (Miscellaneous Provisions) Act 1976 ; and
c
that any such agreements are made in connection with the provision of recreational facilities in the area of Thurrock Borough Council.
Restrictions on agreements — Care Plus Trust Limited
4
Agreements which may be entered into by Care Plus Trust Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials or the provision of administrative, professional or technical services to it by the London Borough of Bexley; and
b
that any such agreements are made in connection with the provision of home care services in the area of the London Borough of Bexley.
Restrictions on agreements — Paddington Development Trust
5
Agreements which may be entered into by Paddington Development Trust by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials or the provision of administrative, professional or technical services to it by the London Borough of Brent or the City of Westminster;
b
that any such agreements are entered into during a period in respect of which it receives financial assistance from the Secretary of State under section 126(1) of the Housing Grants, Construction and Regeneration Act 1996 ; and
c
that any such agreements are made in connection with activities which contribute to the regeneration or development of all or any part of the areas of the London Borough of Brent or the City of Westminster, including those activities described in section 126(2) of the Housing Grants, Construction and Regeneration Act 1996.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Beverley Hughes
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
10th May 2001


text:
1
1
This Order may be cited as the A508 (M1 Junction 15 to A45 Queen Eleanor Roundabout) (Trunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall cease to be a principal road and shall become a trunk road from the date on which the Secretary of State notifies Northamptonshire County Council that he is to become the highway authority for this length of road.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan folio numbered HA 10/PS/244, marked “The A508 (M1 Junction 15 to A45 Queen Eleanor Roundabout) (Trunking) Order 2001”, signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the DETR Records Management Branch, Floor 13 (IMD), Ashdown House, St. Leonards-on-Sea, Hastings, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W. S. C. Wadrup
A Divisional Director, Highways Agency
11th May 2001


text:
Citation and commencement
1
This Order may be cited as the Commission for the New Towns (Transfer of Undertaking and Functions) (Tees Barrage) Order 2001 and shall come into force on 20th February 2001.
Interpretation
2
In this Order —
“the 1998 Order ” means the Teesside Development Corporation (Transfer of Undertaking and Functions) Order 1998 ;
“ the Act ” means the River Tees Barrage and Crossing Act 1990;
“the Commission” means the Commission for the New Towns;
“the functions” means all of the functions conferred on the Teesside Development Corporation by the Act which were transferred to the Commission by the 1998 Order;
“ the Transferee ” means the British Waterways Board; and
“the undertaking” means all of the undertaking authorised by the Act which was transferred to the Commission by the 1998 Order.
Transfer of functions
3
Subject to the following provisions of this Order —
a
the undertaking and functions are hereby transferred to the Transferee;
b
references in the Act to an officer of the Corporation shall be construed as references to an employee of the Transferee; and
c
anything which before the date of the coming into force of this Order was in the process of being done by, to or in relation to the Commission in connection with any of the functions or the undertaking may be continued after that date by, to or in relation to the Transferee.
Byelaws
4
1
Any byelaws made under section 50 of the Act and in force immediately before the date of the coming into force of this Order shall continue in force after that date as if they had been made by the Transferee.
2
Section 50(9) of the Act shall apply as though the reference to the Chief Executive of the corporation were to an employee of the Transferee appointed for the purposes of that section.
Revocation
5
The 1998 Order is revoked.
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
12th February 2001


text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No.1) Order 2001.
2
Subject to article 3 of this Order, the following provisions of the Armed Forces Act 2001 (“ the Act ”) shall come into force on 1st October 2001 —
section 34 so far as is necessary to bring into force Schedule 6 to the extent specified below;
section 38 so far as is necessary to bring into force Schedule 7 to the extent specified below;
Parts 1, 2 and 3 of Schedule 6;
Part 6 of Schedule 6, except paragraphs 41, 42, 50(1) (in so far as it relates to paragraph 50(2)), 50(2), 55, 56 and 59;
Part 3 of Schedule 7;
(so far as not already in force) Part 7 of Schedule 7, except the repeal in section 12A(1) of the Naval Discipline Act 1957 and the repeals in section 42 of the Courts-Martial (Appeals) Act 1968 .
3
1
Nothing in article 2 of this Order, in so far as it relates to Part 1 of Schedule 6 to the Act or to the repeal made by Part 7 of Schedule 7 to the Act in section 7(2) of the Sexual Offences (Amendment) Act 1992 (“the 1992 Act ”) shall have effect where before 1st October 2001:
a
an allegation has been made which would (apart from this paragraph) be within section 1(1) of the 1992 Act, or
b
a person is accused of an offence which would (apart from this paragraph) be an offence to which that Act applies.
2
Nothing in article 2 of this Order, in so far as it relates to paragraphs 37 and 38 of Schedule 6 to the Act, shall have effect in relation to any proceedings which are referred to in a subsection amended by either of those paragraphs and which commenced before 1st October 2001.
Geoffrey Hoon
Secretary of State for Defence
19th September 2001


text:
Citation and commencement
1
These Regulations may be cited as the Further Education Teachers' Qualifications (England) Regulations 2001 and shall come into force on 1st September 2001
Interpretation
2
In these Regulations —
“Certificate of Education” means a qualification known by that name awarded by an institution within the higher education sector;
“relevant teacher” means a person employed as a teacher (whether or not the post in which the person is employed is described as a teaching post) in an institution within the further education sector other than —
a person who is employed to teach courses of higher education only, and
a person whose primary occupation or profession is not teaching and who is employed by the college on a temporary or occasional basis to provide updating on current industrial, commercial or professional practice,
“stage 3 FE teaching qualification” means a qualification the standard for which appears to the Secretary of State to be approximately equivalent to a certificate of education and which is specified by the Secretary of State for the purposes of these Regulations;
“stage 1 FE teaching qualification” and “stage 2 FE teaching qualification” mean respectively introductory or intermediate stages of the stage 3 FE teaching qualification the standards for which are specified by the Secretary of State for the purposes of these Regulations;
“stage 1 post” and “stage 2 post” mean part-time teaching posts for which a stage 1 or stage 2 FE teaching qualification, as the case may be, is, in the opinion of the institution which employs the teacher, an appropriate qualification;
“stage 3 post” means a teaching post for which a stage 3 FE teaching qualification is, in the opinion of the institution which employs the teacher, an appropriate qualification;
“1999 Regulations qualification” mean a qualification such that the holder is a qualified teacher within the meaning of regulation 10 of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 .
Relevant teachers to have qualifications
3
1
This regulation applies to every person who becomes a relevant teacher on or after 1st September 2001 at an institution in England who has not at any time before that date been —
a
a relevant teacher (at an institution in England or Wales);
b
a teacher at —
i
in England or Wales, a school maintained by a local education authority, a city technology college, a city college for the technology of the arts or city academy or, before 1st September 1999, a grant-maintained or grant-maintained special school;
ii
in Scotland, a grant aided school or school maintained by an education authority,
iii
in Northern Ireland, a controlled school under the authority of a local education and library board, a maintained school, a grant-maintained integrated school or a voluntary grammar school;
c
a teacher at an institution (in England or Wales) which, before 1st April 2001 was an external institution within the meaning of section 6(5) of the Further and Higher Education Act 1992 ;
d
a teacher at —
i
in Scotland, a college of further education,
ii
in Northern Ireland, an institute of further education within the meaning of the Further Education (Northern Ireland) Order 1997
e
an institution in the European Economic Area, the Channel Islands or the Isle of Man providing education which is equivalent to secondary or further education and which is part of the public system of education of the state or territory in question.
2
Every relevant teacher to which this regulation applies who at any time is employed full-time, or part-time under a contract by which the teacher is employed to work for a specified proportion of the period for which a full-time teacher is employed to work, shall, before the date determined in accordance with regulation 4(1) (if it occurs), hold
a
a 1999 Regulations qualification;
b
a Certificate of Education;
c
a stage 3 FE teaching qualification; or
d
a qualification equivalent to a stage 3 FE teaching qualification.
3
Every relevant teacher to which this regulation applies who is at any time employed part-time and who does not fall within paragraph (2) shall, before the date determined in accordance with regulation 4(2) (if it occurs), hold —
a
a 1999 Regulations qualification;
b
a stage 1, stage 2 or stage 3 FE teaching qualification (depending on whether the teacher is at that time employed in a stage 1, stage 2 or stage 3 post); or
c
an equivalent qualification to a stage 1, stage 2 or stage 3 FE teaching qualification (depending on whether the teacher is at the time employed in stage 1, state 2 or stage 3 post).
4
For the purposes of this regulation —
a
a qualification is equivalent to a Certificate of Education, or to stage 1, stage 2 or stage 3 FE teaching qualification, if it appears to the Secretary of State to be of equivalent standard to, or higher standard than, those qualifications and if it is specified by the Secretary of State for the purpose of these Regulations; and
b
the holder of a Certificate of Education or stage 3 FE teaching qualification shall be treated as also being the holder of a stage 2 FE teaching qualification and the holder of a stage 2 FE teaching qualification shall be treated as also being the holder of a stage 1 qualification.
Dates referred to in regulation 3
4
1
The date referred to in regulation 3(2) is the date on which the teacher has been employed full-time or part-time under a contract such as is mentioned in regulation 3(2) for a period of, or for discontinuous periods amounting to —
a
two years from the date on which the relevant course started, where the teacher is employed full-time; and
b
four years from the date on which the relevant course started, where the teacher is employed part-time.
2
The date referred to in regulation 3(3) is —
a
where the teacher is employed in a stage 1 post, the date on which the teacher has been employed for a period of, or for discontinuous periods amounting to, two years from the date on which the relevant course started;
b
where the teacher is employed in a stage 2 post, the date on which the person has been employed at a stage 2 or stage 3 post for a period of, or for discontinuous periods amounting to, four years from the date on which the relevant course started;
c
where the teacher is employed in a stage 3 post, the date on which the person has been employed at a stage 3 post for a period of, or for discontinuous periods amounting to, four years from the date on which the relevant course started.
3
The “relevant course” referred to in paragraphs (1) and (2) is —
a
for the purposes of paragraph (1), the first course leading to a Certificate of Education or stage 3 FE teaching qualification which the teacher might reasonably attend, starting after the teacher first becomes a relevant teacher employed full-time, or employed part-time under a contract such as is mentioned in regulation 3(2);
b
for the purpose of paragraph (2)(a), the first course leading to a stage 1 FE teaching qualification which the teacher might reasonably attend, starting after the teacher first becomes a relevant teacher;
c
for the purposes of paragraph (2)(b), the first course leading to a stage 2 FE teaching qualification which the teacher might reasonably attend, starting after the teacher takes up a stage 2 or stage 3 post for the first time; and
d
for the purpose of paragraph (2)(c), the first course leading to a stage 3 FE teaching qualification which the teacher might reasonably attend, starting after the teacher takes up a stage 3 post for the first time.
5
In computing the periods referred to in paragraphs (1) to (3) there shall be left out of account —
a
any periods during which the teacher is on sick leave, maternity leave or parental leave; and
b
any other periods which in all the circumstances it is reasonable to leave out of account.
Amendment of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999
5
Regulation 4 of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 shall be amended as follows —
a
in paragraph (2)(b) after “further education institution” there shall be inserted “maintained by a local education authority”; and
b
for paragraph (3) there shall be substituted —
3
The requirement in paragraph (1) is additional to the requirements relating to qualifications for employment at schools and institutions within the further education sector contained in Part IV of these Regulations and the Further Education Teachers' Qualifications (England) Regulations 2001 respectively.
Tessa Blackstone
Minister of State,
Department for Education and Employment
26th March 2001


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) (No. 3) Regulations 2001 and shall come into force on 16th December 2001.
2
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears in accordance with paragraph 1(a) of Schedule 3A to the Decisions and Appeals Regulations (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support) —
i
from the first day of the benefit week which includes 23rd December 2001; or
ii
if the claim for income support is for a period commencing after 23rd December 2001, from the first day of the first benefit week commencing after 16th December 2001;
b
in a case where income support is paid to the claimant in advance in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations, from the first day of the first benefit week commencing after 23rd December 2001,
and for this purpose, the expressions “claimant” and “benefit week” have the same meaning as in regulation 2(1) of the Income Support Regulations (interpretation).
3
In these Regulations, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and “the Income Support Regulations” means the Income Support (General) Regulations 1987 .
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words ``6.65 per cent.'' there shall be substituted the words ``6.19 per cent.''.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2001
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2001 are hereby revoked save that those Regulations shall continue to have effect until the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(2) of these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under Secretary of State
Department for Work and Pensions
19th November 2001


text:
1
This Order may be cited as the A43 Trunk Road (M1 Junction 15A to A16 Stamford) (Detrunking) Order 2001 and shall come into force on 29th June 2001.
2
In this Order —
(i) “principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and (ii) “the trunk road” means the A43 Trunk Road.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Northamptonshire County Council, Lincolnshire County Council and Peterborough City Council that they will become the highway authority responsible for those lengths of road within their respective boundaries.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
W. S. C. Wadrup
A Divisional Director in the Highways Agency
3rd June 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) Regulations 2001 and shall come into force on 2nd April 2001.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended in accordance with the Schedule to these Regulations.
Application
3
The amendments made by these Regulations shall not have effect in relation to applications for grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
7th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire South West Primary Care Trust (Establishment) Order 2001 and shall come into force on 12th 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 Lincolnshire South West 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 Lincolnshire South West 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 the 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 Lincolnshire 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 Lincolnshire 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 Lincoln District Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
5
The South Lincolnshire Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
6
The United Lincolnshire Hospitals National Health Service Trust shall make premises and other facilities of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
31st January 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Hampshire National Health Service Trust (Establishment) Order 2001 and shall come into force on 1st April 2001.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (A1) of that Act ;
“establishment date” means 1st April 2001;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the West Hampshire National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is hereby established an NHS trust which shall be called the West Hampshire National Health Service Trust
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from:
i
Leigh House Hospital, Winchester;
ii
Melbury Lodge, Winchester;
iii
Moorgreen Hospital, Botley Road, Southampton;
iv
Old Manor Hospital, Salisbury;
v
Ravenswood House, Fareham;
vi
Royal South Hampshire Hospital;
vii
Southampton Western Community Hospital, Southampton;
viii
Tatchbury Mount, Calmore, Southampton SO4 2RZ,
and at or from associated hospitals, establishments or facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of the trust
4
1
The trust shall have, in addition to the chairman, 5 executive directors and 6 non-executive directors.
2
One of the non-executive directors of the trust shall be appointed from the University of Southampton.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 2001.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Gisela Stuart
Parliamentary Under Secretary of State,
Department of Health
22nd March 2001


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Pensions Appeal Tribunals (Late Appeals) Regulations 2001, and shall come into force on 9th April 2001.
2
In these Regulations —
“ the Act ” means the Pensions Appeal Tribunals Act 1943;
“appeal” means an appeal under the Act to a Tribunal against a decision of the Secretary of State to which section 8(1) of the Act applies;
“commencement date” means 9th April 2001;
“time limit” means the relevant time limit for the bringing of an appeal specified in, or pursuant to, section 8 of the Act; and
“Tribunal” means a Pensions Appeal Tribunal constituted pursuant to paragraph 1 of the Schedule to the Act.
Provision for late appeals
3
The Tribunal may, in the circumstances prescribed in regulation 4, allow an appeal to be brought not later than twelve months after the expiry of the time limit.
Prescribed circumstances
4
The prescribed circumstances are as follows:
a
where the main cause of non-compliance with the time limit was —
i
the death or serious illness of the claimant or a spouse or dependant of the claimant;
ii
the disruption of normal postal services;
iii
failure on the part of the Secretary of State to notify the claimant of the decision; or
iv
exceptional circumstances applying to the claimant which rendered it impracticable for the claimant to bring the appeal or to instruct another person to bring it;
and
b
the appeal was in any event brought as soon as was reasonably practicable in the circumstances of the case.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
15th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Carrying on Regulated Activities by Way of Business) Order 2001, and comes into force on the day on which section 19 of the Financial Services and Markets Act 2000 comes into force.
2
In this Order —
a
the “ Regulated Activities Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
b
“contractually based investment”, “deposit”, “overseas person” and “security” have the same meaning as in that Order;
c
“shares” and “debentures” mean any investment of the kind specified by article 76 or 77 of that Order;
d
“units in a collective investment scheme” means any investment of the kind specified by article 81 of that Order;
e
“warrants” means any investment of the kind specified by article 79 of that Order.
Deposit taking business
2
1
A person who carries on an activity of the kind specified by article 5 of the Regulated Activities Order (accepting deposits) is not to be regarded as doing so by way of business if —
a
he does not hold himself out as accepting deposits on a day to day basis; and
b
any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
2
In determining for the purposes of paragraph (1)(b) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
Investment business
3
1
A person is not to be regarded as carrying on by way of business an activity to which this article applies, unless he carries on the business of engaging in one or more such activities.
2
This article applies to an activity of the kind specified by any of the following provisions of the Regulated Activities Order, namely —
a
article 14 (dealing in investments as principal);
b
article 21 (dealing in investments as agent);
c
article 25 (arranging deals in investments), except in so far as that activity relates to an investment of the kind specified by article 86 of that Order (Lloyd’s syndicate capacity and syndicate membership), or article 89 of that Order (rights and interests) so far as relevant to that article;
d
article 37 (managing investments);
e
article 40 (safeguarding and administering investments);
f
article 45 (sending dematerialised instructions);
g
article 51 (establishing etc. a collective investment scheme);
h
article 52 (establishing etc. a stakeholder pension scheme);
i
article 53 (advising on investments); and
j
article 64 (agreeing), so far as relevant to any of the articles mentioned in sub-paragraphs (a) to (i).
3
This article is without prejudice to article 4 of this Order.
Managing investments: occupational pension schemes
4
1
A person who carries on an activity of the kind specified by article 37 of the Regulated Activities Order (managing investments), where the assets in question are held for the purposes of an occupational pension scheme, is to be regarded as carrying on that activity by way of business, except where —
a
he is a person to whom paragraph (2) applies; or
b
all routine or day to day decisions in the carrying on of that activity (other than decisions falling within paragraph (6)), so far as relating to relevant assets, are taken on his behalf by —
i
an authorised person who has permission to carry on activities of the kind specified by article 37 of the Regulated Activities Order;
ii
a person who is an exempt person in relation to activities of that kind; or
iii
an overseas person.
2
This paragraph applies to —
a
any trustee of a relevant scheme who is a beneficiary or potential beneficiary under the scheme; and
b
any other trustee of a relevant scheme who takes no routine or day to day decisions relating to the management of any relevant assets.
3
In this article —
“occupational pension scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employment so as to provide benefits, in the form of pensions or otherwise, payable on termination of service, or on death or retirement, to or in respect of earners with qualifying service in an employment of any such description or category;
“relevant assets” means assets of the scheme in question which are securities or contractually based investments;
“relevant scheme” means any occupational pension scheme of a kind falling within paragraph (4) or (5).
4
A scheme falls within this paragraph if —
a
it is constituted under an irrevocable trust:
b
it has no more than twelve relevant members;
c
all relevant members, other than any relevant member who is unfit to act, or is incapable of acting, as trustee of the scheme, are trustees of it; and
d
all routine or day to day decisions relating to the management of the assets of the scheme which are relevant assets are required to be taken by all, or a majority of, relevant members who are trustees of the scheme or by a person of a kind falling within paragraph (1)(b)(i) or (ii) acting alone or jointly with all, or a majority of, such relevant members;
and for these purposes a person is a relevant member of a scheme if he is an employee or former employee by or in respect of whom contributions to the scheme are being or have been made and to or in respect of whom benefits are or may become payable under the scheme.
5
A scheme falls within this paragraph if —
a
it has no more than fifty members;
b
the contributions made by or in respect of each member of the scheme are used in the acquisition of a contract of insurance on the life of that member or in the acquisition of a contract to pay an annuity on that life;
c
the only decision of a kind described in paragraph (1)(b) which may be taken in relation to the scheme is the selection of such contracts; and
d
each member is given the opportunity to select the contract which the contributions made by or in respect of him will be used to acquire.
6
A decision falls within this paragraph if —
a
it is a decision by the trustees of an occupational pension scheme to buy, sell or subscribe for units in a collective investment scheme or shares or debentures of a body corporate (or warrants relating to such shares or debentures);
or debentures);
b
the decision is in accordance with advice given by —
i
an authorised person who has permission to carry on activities of the kind specified by article 53 of the Regulated Activities Order;
ii
a person who is an exempt person in relation to activities of that kind; or
iii
an overseas person;
c
the collective investment scheme or body corporate has as its primary purpose —
i
the acquisition and holding of relevant investments; or
ii
the acquisition and holding of units in a collective investment scheme or shares or debentures of a body corporate (or warrants relating to such shares or debentures), which (in either case) has as its primary purpose the acquisition and holding of relevant investments; and
d
the property of the collective investment scheme or body corporate mentioned in sub-paragraph (a) (and, where applicable, the property of the collective investment scheme or body corporate mentioned in sub-paragraph (c)(ii)) is managed by —
i
an authorised person who has permission to carry on an activity of the kind specified by article 37 of the Regulated Activities Order;
ii
a person who is an exempt person in relation to activities of that kind; or
iii
an overseas person.
7
In paragraph (6), “relevant investments” means shares or debentures which are not traded on any investment exchange, or on any public market, in the United Kingdom or in any country or territory outside the United Kingdom, or warrants relating to such shares or debentures.
Greg Pope
Jim Dowd
Two of the Lords Commissioners of Her Majesty’s Treasury
26th March 2001


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Birmingham Children’s Hospital National Health Service Trust (Transfer of Trust Property) Order 2001 and shall come into force on 1st April 2001.
In this Order —
“the new trustees” means the trustees for the Birmingham Children’s Hospital National Health Service Trust ;
“the NHS trust” means the Birmingham Children’s Hospital National Health Service Trust;
“the trust property” means the property specified in a schedule of trust property prepared by, agreed upon by and signed on behalf of the NHS trust and the new trustees on 12th January 2001.
Transfer of trust property
2
1
On 1st April 2001 the trust property, and any rights and liabilities arising from that property , shall be transferred from the NHS trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
John Denham
Minister of State,
Department of Health
7th February 2001


text:
Citation and commencement
1
These Regulations may be cited as the Medicines (Sale or Supply) (Miscellaneous Provisions) Amendment Regulations 2001 and shall come into force on 24th December 2001.
Amendment of regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980
2
In regulation 8 of the Medicines (Sale or Supply) (Miscellaneous Provisions) Regulations 1980 (pack size on retail sale or supply of certain medicinal products on a general sale list) —
a
in paragraph (1), for “paragraphs (2) to (2I) and (3)” there is substituted “paragraphs (2) to (2L) and (3)”;
b
in paragraph (2), for sub-paragraph (b) there is substituted —
b
in the case of tablets that are not effervescent —
i
where they are enteric-coated, contain aspirin only, and the amount of aspirin in each tablet does not exceed 75 milligrams, not more than 28 tablets,
ii
where they contain aloxiprin, or aspirin or paracetamol or a combination of any or all of those substances, and do not satisfy the conditions specified in head (i) of this sub-paragraph, not more than 16 tablets;
;
c
in paragraph (2B) after sub-paragraph (d) add the following sub-paragraph —
e
in the case of liquid preparations of ibuprofen, individual unit doses of not more than 5 millilitres each to a maximum of 20 unit doses.
; and
d
after paragraph (2I) there are inserted the following paragraphs —
2J
Where a medicinal product for human use containing cetirizine hydrochloride is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 7 tablets.
2K
Where a medicinal product for human use containing loratadine is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 7 tablets.
2L
Where a medicinal product for human use containing ibuprofen lysine is sold by retail in the course of a business elsewhere than at a registered pharmacy or is so offered or exposed for sale by retail or so supplied in circumstances corresponding to retail sale, the product shall be presented for sale in a separate and individual container or package containing not more than 16 tablets.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under-Secretary of State,
Department of Health
28th November 2001
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
29th November 2001
Bairbre de Brún
Minister of Health, Social Services and Public Safety
28th November 2001
Bríd Rodgers
Minister of Agriculture and Rural Development
29th November 2001


text:
Citation, commencement and effect
1
1
This Order may be cited as the Enterprise Management Incentives (Gross Asset Requirement) Order 2001 and shall come into force on 1st January 2002.
2
This Order shall have effect in relation to any right to acquire shares granted on or after 1st January 2002.
Amendment to the Finance Act 2000
2
Amend paragraph 16 of Schedule 14 to the Finance Act 2000 as follows.
3
In sub-paragraphs (1) and (2) for “£15 million” substitute “£30 million”.
Anne McGuire
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27th November 2001


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Financial Services and Markets Tribunal (Legal Assistance Scheme — Costs) Regulations 2001 and shall come into force on 30th November 2001.
2
These Regulations apply to the whole of the United Kingdom, except that:
a
regulations 20, 21 and 23(5) do not apply in relation to a Tribunal reference in Scotland; and
b
regulation 22 only applies in relation to a Tribunal reference in Scotland.
Interpretation
2
In these Regulations:
“ the Act ” means the Financial Services and Markets Act 2000;
“advocate” means:
a barrister, or a solicitor who has obtained a higher courts advocacy qualification in accordance with regulations and rules of conduct of the Law Society; or
in relation to Scotland, a member of the Faculty of Advocates or a solicitor who holds rights of audience under section 25A of the Solicitors (Scotland) Act 1980 ;
“appropriate officer” means a costs officer of the Supreme Court Costs Office;
“assisted person” means a person in receipt of legal assistance;
“the Authority” means the Financial Services Authority;
“costs”, in relation to Scotland, means expenses,
“legal assistance” means legal assistance in connection with proceedings which are before the Tribunal pursuant to a reference under section 127(4) of the Act and with regard to which a determination of the Tribunal disposing of the reference has not yet been made, and includes advice, assistance and representation for the purpose of those proceedings;
“legal assistance order” means a document granting a right to legal assistance in respect of proceedings before the Tribunal;
“the main hearing” means the hearing at which a decision of the Tribunal disposing of the reference is made;
“representative” means a solicitor or an advocate;
“the Tribunal” means the Financial Services and Markets Tribunal established under section 132 of the Act, and includes any person authorised by it to act on its behalf in that regard.
Determination of costs
3
1
Costs in respect of work done under a legal assistance order shall be determined by the appropriate officer in accordance with these Regulations.
2
In determining costs, the appropriate officer shall, subject to the provisions of these Regulations:
a
take into account all the relevant circumstances of the case including the nature, importance, complexity or difficulty of the work and the time involved; and
b
allow a reasonable amount in respect of all work actually and reasonably done.
Authorisation of expenditure
4
1
Where it appears to the solicitor necessary for the proper conduct of proceedings before the Tribunal for costs to be incurred under the legal assistance order by taking any of the following steps:
a
obtaining a written report or opinion of one or more experts;
b
employing a person to provide a written report or opinion (otherwise than as an expert); or
c
performing an act which is either unusual in its nature or involves unusually large expenditure
he may apply to the Tribunal for prior authority to do so.
2
Where the Tribunal authorises the taking of any step specified in paragraph (1), it shall also authorise the maximum to be paid in respect of that step.
Authorisation of travelling and accommodation expenses
5
A representative assigned to an assisted person in any proceedings before the Tribunal may apply to the Tribunal for prior authority for the incurring of travelling and accommodation expenses in order to attend at any hearing in those proceedings.
Interim payment of disbursements
6
1
A solicitor may submit a claim to the appropriate officer for payment of a disbursement for which he has incurred liability in proceedings before the Tribunal in accordance with the provisions of this regulation.
2
A claim for payment may be made where:
a
a solicitor has obtained prior authority to incur expenditure of £100 or more under regulation 4 or 5; and
b
he has incurred such a liability.
3
Without prejudice to regulation 14(2), a claim under paragraph (1) shall not exceed the maximum fee authorised under the prior authority.
4
A claim for payment under paragraph (1) may be made at any time before the solicitor submits a claim for costs under regulation 12(2).
5
A claim under paragraph (1) shall be submitted to the appropriate officer in such form and manner as he may direct and shall be accompanied by the authority to incur expenditure and any invoices or other documents in support of the claim.
6
The appropriate officer shall allow the disbursement subject to the limit in paragraph (3) if it appears to have been reasonably incurred in accordance with the prior authority.
7
Where the appropriate officer allows the disbursement, he shall notify the solicitor and, where the disbursement includes the fees or charges of any person, that person, of the amount payable, and shall authorise payment to the solicitor accordingly.
8
Regulations 19 to 22 (redetermination etc. ) shall not apply to a payment under this regulation.
Interim disbursements and final determination of costs
7
1
On a final determination of costs, regulations 12(2) and (3)(e) and 14 shall apply notwithstanding that a payment has been made under regulation 6.
2
Where the amount found to be due under regulation 14 in respect of a disbursement is less than the amount paid under regulation 6 (“the interim disbursement”), the appropriate officer shall deduct the difference from the sum otherwise payable to the solicitor on the determination of costs, and where the amount due under regulation 14 exceeds the interim disbursement, the appropriate officer shall add the difference to the amount otherwise payable to the solicitor.
Staged payments in long cases
8
1
A representative may submit a claim to the appropriate officer for a staged payment of his fees in relation to proceedings before the Tribunal.
2
Where a claim is submitted in accordance with the provisions of this regulation, a staged payment shall be allowed where the appropriate officer is satisfied:
a
that the claim relates to fees for a period of preparation of 100 hours or more, for which the representative will, subject to final determination of the costs payable, be entitled to be paid in accordance with these Regulations; and
b
that the period from the date of the legal assistance order to the conclusion of the proceedings before the Tribunal will be likely to exceed 12 months, having regard, amongst other matters, to the number of individuals against whom a decision notice has been issued in the same case, and the weight and complexity of the case.
3
In this regulation, “preparation” means work done before the main hearing, including:
a
reading the papers in the case;
b
attendance at conferences;
c
contact with the Authority;
d
providing written or oral advice;
e
researching the law;
f
preparation for the examination of witnesses and of oral submissions for the main hearing;
g
preparation of written submissions, notices or other documents for use at the main hearing;
h
attendance at any hearing before the main hearing; and
i
all preparation within the meaning of regulation 13(1)(a) not falling within the preceding sub-paragraphs.
4
The amount to be allowed for preparation falling within paragraph (3)(a) to (h) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate, namely:
a
in the case of an advocate who is a Queen’s Counsel, the hourly rate for subsidiary fees for Queen’s Counsel prescribed in Table 2 in Schedule 2;
b
in the case of any other advocate, the hourly rate for subsidiary fees for junior counsel prescribed in Table 1 in Schedule 2.
5
The amount to be allowed for preparation falling within paragraph (3)(i) shall be computed by reference to the number of hours of preparation which it appears to the appropriate officer, without prejudice to the final determination of the costs payable, has been reasonably done, multiplied by the relevant hourly rate prescribed in Schedule 1, applicable to the class of work and the grade of fee-earner.
6
A claim shall be submitted in such form and manner as the appropriate officer may direct, including such case plan as he may require for the purposes of paragraph (2)(a).
7
A representative may claim further staged payments in accordance with this regulation in respect of further periods of preparation exceeding 100 hours which were not included in an earlier claim.
8
Regulations 19 to 22 (redetermination etc.) shall not apply to a payment under this regulation.
Interim payments for attendance at hearing and refreshers
9
1
A representative may submit a claim to the appropriate officer for an interim payment in respect of attendance at the Tribunal or refreshers where the main hearing lasts for a qualifying period.
2
Where a claim is submitted in accordance with the provisions of this regulation, an interim payment shall, without prejudice to the final determination of the costs payable, be allowed:
a
to a solicitor where he or a fee-earner representing him has attended at the hearing on each day of the qualifying period;
b
to an advocate where he has undertaken advocacy on the first day of the main hearing or carried out preparation or advocacy on any other day.
3
The qualifying period for the purposes of this regulation shall be 20 days (which need not be continuous), and a day shall qualify as part of that period if the hearing begins at any time on that day.
4
The amount payable in respect of each day which qualifies as part of the qualifying period shall be:
a
in the case of a solicitor:
i
where the hearing begins before and ends after the luncheon adjournment, five times the hourly rate for a trainee or fee-earner of equivalent experience attending court where more than one representative is assigned as prescribed in Schedule 1;
ii
where the hearing begins and ends before the luncheon adjournment, or begins after the luncheon adjournment, two and a half times the hourly rate referred to in (i) above;
b
in the case of an advocate who is a Queen’s Counsel, the maximum amount of the full day refresher fee for Queen’s Counsel prescribed in Table 2 in Schedule 2;
c
in the case of an advocate retained solely for the purpose of making a note of any hearing, one-half of the maximum amount of the full day refresher fee for junior counsel prescribed in Table 1 in Schedule 2;
d
in the case of any other advocate, the maximum amount of the full day refresher fee for junior counsel prescribed in Table 1 in Schedule 2.
5
A claim for an interim payment may be made in respect of a qualifying period and shall be submitted in such form and manner as the appropriate officer may direct.
6
Further interim payments under this regulation may be claimed if the hearing lasts for further qualifying periods.
7
A representative who has obtained prior approval under regulation 5 for the incurring of travelling or accommodation expenses may, at the same time as he submits a claim for an interim payment under this regulation, submit a claim for an interim payment of all such expenses incurred to date (less any expenses previously recovered by him by way of interim payment under this regulation).
8
A claim under paragraph (7) shall be submitted in such form and manner as the appropriate officer may direct, and shall be supported by such evidence of the expense claimed as he may require.
9
Regulations 19 to 22 (redetermination etc.) shall not apply to a payment under this regulation.
Hardship payments
10
1
The appropriate officer may allow a hardship payment to a representative in the circumstances set out in paragraph (2), subject to the provisions of this regulation.
2
Those circumstances are that the representative:
a
represents the assisted person in proceedings before the Tribunal;
b
applies for such payment, in such form and manner as the appropriate officer may direct, not less than six months after he was first instructed in those proceedings;
c
is not, at the date of the application, entitled to any payment under regulation 8 (staged payments) or 9 (interim payments);
d
is unlikely to receive final payment in respect of the proceedings, as determined under regulation 13 or 16, within the three months following the application for the hardship payment; and
e
satisfies the appropriate officer that, by reason of the circumstance in sub-paragraph (d), he is likely to suffer financial hardship.
3
Every application for a hardship payment shall be accompanied by such information and documents as the appropriate officer may require as evidence of:
a
the work done by the representative in relation to the proceedings up to the date of the application; and
b
the likelihood of financial hardship.
4
The amount of any hardship payment shall be in the discretion of the appropriate officer, but shall not exceed such sum as would be reasonable remuneration for the work done by the representative in the proceedings up to the date of the application.
5
No hardship payment shall be made if it appears to the appropriate officer that the sum which would be reasonable remuneration for the representative, or the sum required to relieve his financial hardship, is less than £5,000 (excluding any VAT ).
6
Any hardship payment shall be set off against the remuneration finally payable to the representative under regulation 13 or 16.
Computation of final claim
11
1
At the conclusion of a case in which one or more payments have been made to a representative under regulation 8, 9 or 10 he shall submit a claim under regulation 12 or 15 for the determination of his overall remuneration, whether or not such a claim will result in any payment additional to those already made.
2
In the determination of the amount payable to a representative under regulation 13 or 16, the appropriate officer shall deduct the amount of any advance payment made under regulation 8, 9 or 10 in respect of the same case from the amount that would otherwise be payable; and, if the amount of the advance payment is greater than the amount that would otherwise be payable, the appropriate officer shall be entitled to recover the amount of the difference, either by way of repayment by the representative or by way of deduction from any other amount that may be due to him.
Claims for costs by solicitors
12
1
Subject to regulation 23, no claim by a solicitor for costs in respect of work done under a legal assistance order shall be considered unless he submits it within three months of the conclusion of the proceedings to which it relates.
2
A claim for costs shall be submitted to the appropriate officer in such form and manner as he may direct and shall be accompanied by the legal assistance order and any receipts or other documents in support of any disbursement claimed.
3
A claim shall:
a
summarise the items of work in respect of which fees are claimed according to the classes of work specified in regulation 13(1);
b
state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one individual;
c
specify, where appropriate, the fee-earner who undertook each of the items of work claimed;
d
give particulars of any work done in relation to a rehearing; and
e
specify any disbursements claimed, the circumstances in which they were incurred and the amounts claimed in respect of them.
4
Where the solicitor claims that paragraph 3 of Schedule 1 (enhanced rates) should be applied in relation to an item of work, he shall give full particulars in support of his claim.
5
The solicitor shall supply such further particulars, information and documents as the appropriate officer may require.
Determination of solicitors' fees
13
1
The appropriate officer may allow work done by fee-earners in the following classes:
a
preparation, including taking instructions, advising, interviewing witnesses, ascertaining the Authority’s case, preparing and perusing documents, dealing with letters and telephone calls which are not routine, preparing for advocacy, instructing an advocate and expert witnesses, conferences and consultations;
b
advocacy;
c
attending at court where an advocate is assigned, including conferences with the advocate at court;
d
travelling and waiting; and
e
dealing with routine letters written and routine telephone calls.
2
The appropriate officer shall consider the claim, any further particulars, information or documents submitted by the solicitor under regulation 12 and any other relevant information and shall allow:
a
such work as appears to him to have been reasonably done under the legal assistance order by a fee-earner, classifying such work according to the classes specified in paragraph (1) as he considers appropriate; and
b
such time in each class of work allowed by him (other than routine letters written and routine telephone calls) as he considers reasonable.
3
In respect of all cases where the solicitor acts as advocate before the Tribunal, the appropriate officer shall proceed in accordance with the provisions of regulation 16 as if the fee-earner who did the work had been an advocate.
4
In respect of all other classes of work, the provisions of this regulation shall apply.
5
Subject to paragraph (2), (3), (4) and (6), the appropriate officer shall allow fees for work allowed by him under this regulation in accordance with Schedule 1.
6
The fees allowed in accordance with Schedule 1 shall be those appropriate to such of the following grades of fee-earner as the appropriate officer considers reasonable:
a
senior solicitor;
b
solicitor, legal executive or fee-earner of equivalent experience;
c
trainee or fee-earner of equivalent experience.
Determination of solicitors' disbursements
14
1
Subject to the provisions of this regulation, the appropriate officer shall allow such disbursements claimed under regulation 12 as appear to him to have been reasonably incurred.
2
No question as to the propriety of any step, or as to the amount of the payment within the maximum authorised, with regard to which prior authority has been given under regulation 4 or 5, shall be raised on any determination of costs unless the representative knew or should reasonably have known that the purpose for which it was given had become unnecessary.
3
Payment may be allowed on a determination of costs in respect of any step with regard to which prior authority may be given, notwithstanding that no such authority was given or that the maximum authorised was exceeded.
Claims for fees by an advocate
15
1
Subject to regulation 23, no claim by an advocate for fees in respect of work done under a legal assistance order shall be considered unless he submits it within three months of the conclusion of the proceedings to which it relates.
2
A claim for fees shall be submitted to the appropriate officer in such form and manner as he may direct.
3
A claim shall:
a
summarise the items of work in respect of which fees are claimed according to the classes of fee specified in regulation 16(2);
b
state, where appropriate, the dates on which the items of work were done, the time taken, the sums claimed and whether the work was done for more than one individual; and
c
give particulars of any work done in relation to a rehearing.
4
Where an advocate claims that the provision for enhanced rates in regulation 16(3) should be applied in relation to an item of work, he shall give full particulars in support of his claim.
5
The advocate shall supply such further particulars, information and documents as the appropriate officer may require.
Determination of advocates' fees
16
1
The appropriate officer shall consider the claim, any further particulars and information submitted by an advocate under regulation 15 and any other relevant information and shall allow such work as appears to him to have been reasonably done.
2
The appropriate officer may allow any of the following classes of fee to an advocate in respect of work allowed by him under this regulation:
a
a basic fee for preparation including preparation for any hearing before the main hearing and, where appropriate, the first day of the main hearing including, where they took place on that day, short conferences, consultations, applications and appearances, and any other preparation;
b
a refresher fee for any day or part of a day during which a hearing continued, including, where they took place on that day, short conferences, consultations, applications and appearances, and any other preparation;
c
subsidiary fees for:
i
attendance at conferences and consultations not covered by (a) or (b) above;
ii
written advices or other written work; and
iii
attendance at hearings before the main hearing, applications and appearances not covered by (a) or (b) above.
3
The appropriate officer shall allow such fees in respect of such work as he considers reasonable in such amounts as he may determine in accordance with Schedule 2, provided that where it appears to the appropriate officer, taking into account all the relevant circumstances of the case, that owing to the exceptional circumstances of the case the amount payable by way of fees in accordance with Schedule 2 would not provide reasonable remuneration for some or all of the work he has allowed, he may allow such amounts as appear to him to be reasonable remuneration for the relevant work.
Payment of costs
17
1
Having determined the costs payable to a representative in accordance with these Regulations, the appropriate officer shall notify the representative of the costs payable and authorise payment accordingly.
2
Where the costs payable under paragraph (1) are varied as a result of any redetermination or appeal made or brought pursuant to these Regulations:
a
where the costs are increased, the appropriate officer shall authorise payment of the increase;
b
where the costs are decreased, the representative shall repay the amount of such decrease; and
c
where the payment of any costs of the representative is ordered under regulation 20(14) or 21(8), the appropriate officer shall authorise payment.
Recovery of overpayments
18
1
This regulation applies where a representative is entitled to be paid a certain sum (“the amount due”) by virtue of the provisions of these Regulations and, for whatever reason, he is paid an amount greater than that sum.
2
Where the circumstances in paragraph (1) arise, the appropriate officer may:
a
require immediate repayment of the amount in excess of the amount due (“the excess amount”) and the representative shall on demand repay the excess amount to the appropriate officer; or
b
deduct the excess amount from any other sum which is or becomes payable to the representative by virtue of the provisions of these Regulations.
3
The appropriate officer may proceed under paragraph (2)(b) without first proceeding under paragraph (2)(a).
4
Paragraph (2) shall apply notwithstanding that the representative to whom the excess amount was paid is exercising, or may exercise, a right under regulations 19 to 22.
Redetermination of costs by appropriate officer
19
1
Where a representative is dissatisfied with the costs determined in accordance with the provisions of these Regulations by the appropriate officer, he may apply to the appropriate officer to redetermine those costs.
2
Subject to regulation 23, the application shall be made within 21 days of the receipt of notification of the costs payable under regulation 17.
3
The application shall be made by giving notice to the appropriate officer in such form as he may direct specifying the matters in respect of which the application is made and the grounds of objection.
4
The notice of application shall be accompanied by the particulars, information and documents supplied under regulation 12 or 15, as appropriate.
5
The notice of application shall state whether the applicant wishes to appear or to be represented and, if the applicant so wishes, the appropriate officer shall notify the applicant of the time at which he is prepared to hear him or his representative.
6
The applicant shall supply such further particulars, information and documents as the appropriate officer may require.
7
The appropriate officer shall redetermine the costs, whether by way of increase or decrease in the amount previously determined, in the light of the objections made by the applicant or on his behalf, and shall notify the applicant of his decision.
8
The applicant may request the appropriate officer to give reasons in writing for his decision and the appropriate officer shall comply with any such request.
9
Subject to regulation 23, any request under paragraph (8) shall be made within 21 days of the receipt of notification of the decision.
Appeals to a Costs Judge
20
1
Where the appropriate officer has given his reasons for his decisions under regulation 19, a representative who is dissatisfied with that decision may appeal to a Costs Judge.
2
Subject to regulation 23, an appeal shall be brought within 21 days of the receipt of the appropriate officer’s reasons, by giving notice of appeal in writing to the Senior Costs Judge.
3
The appellant shall send a copy of any notice given under paragraph (2) to the appropriate officer.
4
The notice of appeal shall:
a
be in such form as the Senior Costs Judge may direct;
b
specify separately each item appealed against, showing (where appropriate) the amount claimed for the item, the amount determined and the grounds of the objection to the determination; and
c
state whether the appellant wishes to appear or to be represented or whether he will accept a decision given in his absence.
5
The notice of appeal shall be accompanied by:
a
a copy of the written representations given under regulation 19(3);
b
the appropriate officer’s reasons for his decision given under regulation 19(8); and
c
the particulars, information and documents supplied to the appropriate officer under regulation 19.
6
The Senior Costs Judge may, and if so directed by the Lord Chancellor either generally or in a particular case shall, send to the Lord Chancellor a copy of the notice of appeal together with copies of such other documents as the Lord Chancellor may require.
7
The Lord Chancellor may arrange for written or oral representations to be made on his behalf and, if he intends to do so, he shall inform the Senior Costs Judge and the appellant.
8
Any written representations made on behalf of the Lord Chancellor under paragraph (7) shall be sent to the Senior Costs Judge and the appellant and, in the case of oral representations, the Senior Costs Judge and the appellant shall be informed of the grounds on which such representations will be made.
9
The appellant shall be permitted a reasonable opportunity to make representations in reply.
10
The Costs Judge shall inform the appellant (or his representative) and the Lord Chancellor, where representations have been or are to be made on his behalf, of the date of any hearing and, subject to the provisions of this regulation, may give directions as to the conduct of the appeal.
11
The Costs Judge may consult the Tribunal or the appropriate officer and may require the appellant to provide any further information which he requires for the purpose of the appeal and, unless the Costs Judge otherwise directs, no further evidence shall be received on the hearing of the appeal and no ground of objection shall be valid which was not raised under regulation 19.
12
The Costs Judge shall have the same powers as the appropriate officer under these Regulations and, in the exercise of such powers, may alter the redetermination of the appropriate officer in respect of any sum allowed, whether by increase or decrease as he thinks fit.
13
The Costs Judge shall inform the appellant, the Lord Chancellor and the appropriate officer of his decision and the reasons for it in writing.
14
Except where he confirms or decreases the sums redetermined under regulation 19, the Costs Judge may allow the appellant a sum in respect of part or all of any reasonable costs (including any fee payable in respect of an appeal) incurred by him in connection with the appeal.
Appeals to the High Court
21
1
A representative who is dissatisfied with the decision of the Costs Judge on an appeal under regulation 20 may apply to a Costs Judge to certify a point of principle of general importance.
2
Subject to regulation 23, an application under paragraph (1) shall be made within 21 days of notification of the Costs Judge’s decision under regulation 20(13).
3
Where a Costs Judge certifies a point of principle of general importance, the representative may appeal to the High Court against the decision of the Costs Judge on an appeal under regulation 20, and the Lord Chancellor shall be a respondent to such an appeal.
4
Subject to regulation 23, an appeal under paragraph (3) shall be brought within 21 days of receipt of the Costs Judge’s certificate under paragraph (1).
5
Where the Lord Chancellor is dissatisfied with the decision of the Costs Judge on an appeal under regulation 20, he may, if no appeal has been made by the representative under paragraph (3) appeal to the High Court against that decision, and the representative shall be a respondent to the appeal.
6
Subject to regulation 23, an appeal under paragraph (5) shall be brought within 21 days of receipt of notification of the Costs Judge’s decision under regulation 20(13).
7
An appeal under paragraph (3) or (5) shall:
a
be brought in the Queen’s Bench Division of the High Court;
b
follow the procedure set out in Part 8 of the Civil Procedure Rules 1998 ; and
c
be heard and determined by a single judge, whose decision shall be final.
8
The judge shall have the same powers as the appropriate officer and the Costs Judge under these Regulations and may reverse, affirm or amend the decision appealed against or make such other order as he thinks fit.
Reference to the Auditor in Scottish cases
22
1
Where the appropriate officer has given his reasons for his decisions under regulation 19, a representative who is dissatisfied with that decision may refer the matter for taxation by the auditor.
2
The auditor shall give reasonable notice of the diet of taxation to the representative and the appropriate officer, and shall issue a report of the taxation.
3
The appropriate officer and any other party to a reference to the auditor under paragraph (1) may make written representations to the Court of Session in relation to the auditor’s report within 14 days of the issue of that report, and may be heard thereon, and rule 42.4 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 shall apply to the determination of any such representations.
4
In this regulation, “auditor” means the Auditor of the Court of Session.
Time limits
23
1
Subject to paragraph (2), the time limit within which any act is required or authorised to be done may, for good reason, be extended:
a
In the case of acts required or authorised to be done under regulations 20 to 22, by a Costs Judge, the High Court or the Court of Session, as the case may be; and
b
in the case of acts required or authorised to be done by a representative under any other regulation, by the appropriate officer.
2
Where a representative without good reason has failed (or, if an extension were not granted, would fail) to comply with a time limit, the appropriate officer, a Costs Judge, the High Court, or the Court of Session, as the case may be:
a
may, in exceptional circumstances, extend the time limit; and
b
shall consider whether it is reasonable in the circumstances to reduce the costs.
3
Costs shall not be reduced under paragraph (2)(b) unless the representative has been allowed a reasonable opportunity to show cause orally or in writing why they should not be reduced.
4
A representative may appeal to a Costs Judge, or, in Scotland, to the Court of Session, against a decision made under this regulation by an appropriate officer.
5
An appeal against a decision made under this regulation shall be brought within 21 days of receipt of the decision by giving notice in writing to the Senior Costs Judge specifying the grounds of appeal.
Signed by the authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
8th November 2001