text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2000 and shall come into force on 1st January 2001.
2
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 1996 are hereby revoked.
Interpretation
2
In these Regulations —
“the ECMT Council” means the Council of Ministers of the European Conference of Ministers of Transport;
“ECMT licence” means a licence granted pursuant to the scheme adopted by Resolution No. 26 of the ECMT Council of 14th June 1973 ;
“Ecopoints” means Ecopoints issued pursuant to Council Regulation ( EEC ) No. 3637/92 on a system of distribution of Rights of Transit (Ecopoints) for heavy goods vehicles with a laden weight of over 7.5 tonnes registered in a Member State transiting through Austria;
“journey permit” means a permit issued pursuant to an agreement or arrangement mentioned in column 1 of the Schedule to these Regulations under the provision or one of the provisions of the agreement or arrangement mentioned opposite thereto in column 2 of that Schedule and providing for the number of outward and inward journeys stated in the permit; and
“removals authorisation” means an authorisation for removals carriage carried out by undertakings having special staff and equipment for the purpose granted in accordance with Resolution No. 53 of the ECMT Council of 29th and 30th May 1985 amending Resolution No. 44 of that Council of 1st June 1978 concerning the regulations governing international transport by road and the liberalisation of certain types of such transport.
Fees
3
1
The fee payable on the issue of an ECMT licence shall be —
a
£74 if it is valid for a period of one year; or
b
if it is valid for a period of less than one year, a fee at the rate of £18.50 for each period for which it is valid being —
i
a complete period of three months;
ii
a period of less than three months following any complete period of three months covered by the licence; or
iii
a period of less than three months which is not followed by a complete period of three months covered by the licence.
2
The fee payable on the issue of Ecopoints covering one journey, whether outward or inward, in respect of which they are issued shall be £2.
3
The fee payable on the issue of a journey permit shall be —
a
£4 if the permit covers one outward and inward journey; or
b
£8 if the permit covers 4 outward and inward journeys to Turkey; or
c
£28 if the permit covers 15 outward and inward journeys to Morocco.
4
The fee payable on the issue of a removals authorisation shall be £9.
5
All fees received under these Regulations shall be paid into the Consolidated Fund.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Gus Macdonald
Minister of State
Department of the Environment, Transport and the Regions
4th December 2000
We consent to the making of these Regulations
Bob Ainsworth
Jim Dowd
Two of the Commissioners of Her Majesty’s Treasury
6th December 2000


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Fees and Awards) (Amendment No. 2) (England) Regulations 2000 and shall come into force on 23rd November 2000.
2
These Regulations shall apply only in relation to England.
2
1
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
2
In regulation 2(1), in the definition of “relevant date”, for “regulations 4, 5, 6, 6A and 7” there shall be substituted “regulations 4, 5, 6, 6A, 6B and 7”.
3
In regulation 2(4) at the end there shall be added —
Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the United Kingdom as members of such forces.
4
In regulation 2(5) for “regulations 6, 6A and 7” there shall be substituted “regulations 6, 6A, 6B and 7”.
5
After regulation 6A, there shall be inserted the following regulation —
Payments by the Higher Education Funding Council for England
6B
1
It shall be lawful for the Higher Education Funding Council for England established under section 62(1) of the Further and Higher Education Act 1992 to adopt rules of eligibility for awards (however described) in respect of a student’s training (otherwise than by way of a course leading to a first degree) to teach persons over compulsory school age by an institution to which it makes grants, loans or other payments for that purpose under section 65 of that Act which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
2
It shall be lawful for an institution to which grants, loans or other payments are made by the Higher Education Funding Council for England for the purpose described in paragraph (1) to adopt rules of eligibility for awards (however described) which confine eligibility to the persons mentioned in paragraphs 1, 2, 5, 6, 7 and 8 of the Schedule.
3
For the purposes of the application of this regulation a reference in the Schedule to “relevant date” is a reference to 1st September, 1st January or 1st April closest to the beginning of the first term of the person’s course.
Tessa Blackstone
Minister of State,
Department for Education and Employment
25th October 2000


text:
Citation
1
This Order may be cited as the Terrorism Act 2000 (Commencement No. 1) Order 2000.
Commencement
2
The following provisions of the Terrorism Act 2000 shall come into force on 12th October 2000:
a
section 99 (police and army powers: code of practice);
b
in section 101 (codes of practice: supplementary), subsections (1) to (5);
c
in Part I of Schedule 8 (treatment of persons detained under section 41 or Schedule 7),
i
paragraph 3, and
ii
in paragraph 4, sub-paragraphs (1) to (5);
d
in Schedule 14 (exercise of officers' powers),
i
paragraph 1;
ii
in paragraph 6, sub-paragraphs (1) and (4), and
iii
paragraph 7.
Jack Straw
One of Her Majesty’s Principal Secretaries of State
Home Office
10th October 2000


text:
Citation and commencement
1
This Order may be cited as the Herefordshire Primary Care Trust (Establishment) Amendment Order 2000 and shall come into force on 2nd October 2000.
Amendment of Establishment Order
2
In the Herefordshire Primary Care Trust (Establishment) Order 2000 —
a
in article 1(2), the definition of “community health services” shall be omitted; and
b
article 8 (exercise of functions) shall be omitted.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State for Public Health,
Department of Health
19th September 2000


text:
Citation and commencement
1
This Order may be cited as the Portsmouth (Tall Ships Berths) Harbour Revision Order 2000 and shall come into force on 1st August 2000.
Interpretation
2
1
In this Order —
“the Act of 1847 ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the authorised works” means all or any of the works authorised by this Order or any part of those works, and where any part of those works remain uncompleted, includes the site thereof;
“the City Council ” means the Portsmouth City Council;
“deposited plan” and “deposited sections” means the plan and sections drawn on one sheet of paper prepared in duplicate signed by an Assistant Secretary in the Department of the Environment, Transport and the Regions and marked “Plan and Sections referred to in the Portsmouth (Tall Ships Berths) Harbour Revision Order 2000”, of which one copy of the plan and sections drawing is deposited at the offices of the Department of the Environment, Transport and the Regions and one at the offices of the Director of Corporate Services of the City Council;
“enactment” means any enactment whether public general or local and includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“Harbour Master” means the Harbour Master or other duly authorised officer or manager appointed from time to time by the City Council;
“the level of high water” means the level of mean high-water springs;
“the limits of deviation” means the limits of deviation shown on the deposited plan;
“Queen’s Harbour Master” means the person for the time being appointed to be Queen’s Harbour Master of the Dockyard Port of Portsmouth under the Dockyard Ports Regulation Act 1865 ;
“the Special Protection Area” means the area north of the mean low water mark and seaward of Burrow Island, Foxbury Point, Portchester, Horsea Island and Whale Island ending to the south of Whale Island as classified pursuant to Article 4(1) or (2) of Council Directive 79/409/EEC on the conservation of wild birds;
“the Tall Ships Berths” means the berths and pontoons to be constructed at Gunwharf Quays, Portsmouth, as part of the authorised works;
“tidal work” means so much of the authorised works as is on, under or over any part of the seashore lying below the level of high water;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water.
2
All distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance and length.
Incorporation of Act of 1847
3
1
Subject to paragraph (2) below, the Act of 1847 (except sections 6 to 13, 16 to 20, 23, 25 to 27, 31, 48, 49, 50, 67, 79 to 82, 84 to 90, 95, 97 and 98 and so much of the proviso to section 83 as follows the words “the special Act”), so far as the same is applicable for the purposes of and is not inconsistent with, or varied by, the provisions of this Order, is hereby incorporated with this Order.
2
In the Act of 1847 so incorporated —
a
section 15 of the Act of 1847 shall have effect as if, for the words from “ shall forfeit” to the end of the section, there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale”;
b
section 34 of the Act of 1847 shall have effect as if, after the word “ may”, there were inserted the words “(on producing, if so required, a duly authenticated document showing his authority)”;
c
section 63 of the Act of 1847 shall have effect as if the words “and a further sum of twenty shillings for every hour that such vessel shall remain within the limits aforesaid, after a reasonable time for removing the same has expired after such requisition” were omitted; and
d
section 69 of the Act of 1847 shall have effect as if for the words from “ shall forfeit” to the end of the section there were substituted the words “ shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale”.
3
In the construction of the Act of 1847 as so incorporated the expression “ the special Act” shall mean this Order and the expression “vessel” shall have the meaning assigned to it by Article 2(1) of this Order.
4
For the purposes of section 83 of the Act of 1847 as so incorporated, section 236 to 238 of the Local Government Act 1972 shall apply to this Order as if it were such an enactment as is referred to in the said section 236, and:
a
for the purposes of the said section 236 the confirming authority for byelaws made under the said section 83 shall be the Secretary of State for the Environment, Transport and the Regions; and
b
the said section 236 shall have effect as if in subsection (7) thereof after the word “confirm” where it first occurs the words “with or without modification” were inserted.
5
If the Secretary of State, on considering byelaws relating to the Tall Ships Berths made by the City Council and submitted under the said section 236 as having effect in accordance with paragraph (4) above, proposes to make a modification which appears to him to be substantial, then —
a
he shall inform the City Council as appropriate and require them to take any steps he considers necessary for informing persons likely to be concerned with the modification; and
b
he shall not confirm the byelaws until such period has elapsed as he thinks reasonable for the City Council and other persons who have been informed of the proposed modification to consider and comment on it.
Power to construct works
4
1
Subject to the provisions of this Order, the City Council (or others acting on their behalf) may, when they have acquired the necessary lands or obtained sufficient interests therein, make and maintain the following works in the City of Portsmouth:
a
a series of free floating pontoons, one section measuring six metres in width and of a total length of two hundred and fifteen metres, a second section measuring two-and-a-half metres in width and of a total length of one hundred and ninety metres and a third section measuring eight metres in width and of a total length of twenty metres to form ship berths and walkways positioned adjacent to and west of Gunwharf Quays and secured in place by mooring dolphins.
b
A pedestrian gangway thirty-five metres long and two-and-a-half metres wide extending out from a structural platform to be constructed on the western face of the Gunwharf Quay wall.
c
A disabled passenger and equipment hoist installed at the northern end of the Tall Ships Berths and fixed to the face of the Gunwharf quay wall.
2
The works described in paragraph (1) shall be carried out within an area of land enclosed by the limit of deviation formed by the south western Gunwharf quay wall between 50° 47.693 N of latitude, 1° 6.402 W of longitude and 50° 47.645 N of latitude, 1° 6.343 W of longitude thence by an imaginary line in a south westerly direction for a distance of seventy three metres to 50° 47.632 N of latitude, 1° 6.400 W of longitude thence in a south easterly direction for a distance of fifteen metres to 50° 47.623 N of latitude, 1° 6.395 W of longitude thence generally following the line of the existing quay in a southerly direction to 50° 47.597 N of latitude, 1° 6.409 W of longitude thence by an imaginary line in a north westerly direction to 50° 47.605 N of latitude, 1° 6.436 W of longitude thence in a south to north line to 50° 47.704 N of latitude, 1° 6.454 W of longitude thence in a west to east line to 50° 47.706 N of latitude, 1° 6.438 W of longitude thence generally following the outer edge of the future quay that forms the line of the proposed Gunwharf Quay development quayside back to the point of commencement and within the limits of deviation.
3
The City Council may within the limits of deviation, and subject to paragraph (5) below, extend, enlarge, alter, replace or relay the authorised works.
4
The City Council may authorise any person to carry out the authorised works.
5
The City Council or other person authorised to carry out the works shall not carry out any works permitted under paragraph (3) above which are reasonably likely (either alone or in combination with other works) to affect the Special Protection Area without first obtaining the consent of the Secretary of State.
Power to Deviate
5
In constructing the authorised works the City Council may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may divert vertically from the levels shown on the deposited sections to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Further powers as to works
6
Subject to the provisions of this Order, the City Council or other authorised person to carry out the works may, in connection within the construction of the authorised works, enclose and reclaim from the foreshore and bed of the sea, and may hold and use as part of the Tall Ships Berths so much of the foreshore and bed of the sea as is situated within the limits of deviation and is required for, or in connection with, the construction of the authorised works.
Subsidiary works
7
1
Subject to paragraphs (2) and (3) below and to the other provisions of this order, the City Council or others authorised to carry out the works may, in connection with the authorised works and within the limits of deviation, construct, erect, lay down, place, maintain, remove, replace, work or use all necessary or convenient bridges, abutments, booms, pontoons, fenders, bollards, ladders, tanks, pumps, conduits, pipes, wires, mains, cables, rails, signals, conveyors, cranes, lifts, hoists, passenger side loaders, drops, weighbridges, stairs, stages, platforms, catwalks, landing places, dolphins, piles, buoys, moorings, beacons, approaches, buildings, sheds, offices, depots, roads, walls, fences, gates, equipment, machinery and appliances and such other works and apparatus as they think fit.
2
Electrical works, mechanical works or equipment constructed, erected, laid down, or placed or maintained, worked or used pursuant to the powers conferred by this article shall be so constructed, erected, laid down or placed, and so maintained, worked or used, that any electricity generated or conveyed by any such works or equipment used therein or in connection therewith does not cause interference (whether by induction or otherwise) with any telecommunications apparatus or with telecommunication by means of any such apparatus.
3
The City Council or other person authorised to carry out the works shall not carry out any works permitted under paragraph (1) above which are reasonably likely (either alone or in combination with other works) to affect the Special Protection Area without first obtaining the consent of the Secretary of State.
Power to appropriate lands and works for particular trades etc.
8
1
Notwithstanding anything in any statutory provision of local application the City Council or others authorised to manage the Tall Ships Berths may from time to time for the purpose of or in connection with the management of the Tall Ships Berths set apart and appropriate all or any part of the Tall Ships Berths for the exclusive, partial or preferential use and accommodation of any particular trade, person, vessel or class of vessels, or goods, subject to the payment of such charges and subject to such terms, conditions and regulations as the City Council may think fit.
2
No person or vessel shall make use of any part of the Tall Ships Berths so set apart or appropriated without the consent of the Harbour Master or other duly authorised officer or manager and the Harbour Master or, as the case may be, such officer or manager may order any person or vessel making use thereof without such consent to leave or be removed and the provisions of section 58 (Powers of Harbour Master as to mooring of vessels in harbour) of the 1847 Act shall extend and apply mutatis mutandis to and in relation to any such vessels.
Jurisdiction and directions of Harbour Master
9
1
Subject to paragraph (2) below the limits within which the powers of the Harbour Master or other duly authorised officer or manager may be exercised under and subject to the provisions of the Act of 1847 as incorporated with this Order and all other powers enabling him in that behalf shall extend to a distance of one-hundred metres seawards from the authorised works in respect of the Tall Ships Berths.
2
The powers exercisable by virtue of this article shall be limited to vessels going to, moored at, or departing from the authorised works.
3
Section 52 of the Act of 1847 as incorporated with this order shall extend to empower the Harbour Master or other duly authorised officer or manager to give directions prohibiting the mooring of vessels in or near to any approach to the authorised works.
4
In the case of conflict between any direction given by the Harbour Master and any direction given by the Queen’s Harbour Master, the directions given by the Queen’s Harbour Master shall prevail.
Recovery of rates in respect of vessels
10
In addition to the remedy given by section 44 of the Act of 1847 as incorporated with this Order (recovery of rates in respect of vessels by distraint and sale of the vessel and its tackle), and whether or not the collector of rates has gone on board the vessel and demanded any rates which the master of the vessel has neglected or refused to pay, the City Council or other duly authorised officer or manager may recover such rates as a debt in any court of competent jurisdiction.
Harbour Master may prevent sailing of vessels
11
The Harbour Master or other duly authorised officer or manager may prevent the removal or sailing from the authorised works of any vessel until evidence has been produced to him of the payment of any ship, passenger and goods dues and other charges payable in respect of the vessel or of passengers thereon or of the goods imported or exported therein.
Power to dredge etc.
12
1
The City Council may with the consent of the Queen’s Harbour Master, and subject to the provisions of paragraphs (3) and (4) below, enter upon and from time to time dredge, scour, deepen and improve the bed, shores and channels of the sea adjoining or near to the authorised works for the purpose of affording uninterrupted means of access thereto or for the accommodation of vessels thereat.
2
Without prejudice to the generality of paragraph (1) above, the City Council may exercise the powers of that paragraph so as to ensure a depth of 5 metres below Admiralty chart datum in the vicinity of, and in the approaches to, the authorised works.
3
All maintenance dredging works shall be carried out in accordance with any sustainable dredging regime applicable to the Special Protection Area from time to time.
4
Any power to dredge under this Order which is reasonably likely to have a significant effect on the Special Protection Area shall be subject to the consent of the Secretary of State.
5
Subject to paragraph (6) below, all chalk, gravel, rock and other materials dredged up or removed by the City Council in the exercise of the powers of this article shall be the property of the City Council; and they may use the same or any part thereof, or they may sell or otherwise dispose of or remove or deposit the same, as they think fit.
6
No such materials shall be laid down or deposited in contravention of the provisions of any enactment as respects the disposal of waste; or in any place below the level of high water —
a
otherwise than in such a position and under such conditions and restrictions as may be specified by the Secretary of State; and
b
without the consent in writing of the Queen’s Harbour Master having been first obtained.
7
The powers of the City Council under this article shall be exercisable subject to the provisions of articles 23 (Crown rights) and 24 (Saving rights of Queen’s Harbour Master) of this Order; and, in particular and without prejudice to that general limitation, any consent given to the exercise of such powers by the Crown Estate Commissioners on behalf of Her Majesty may be given subject to such restrictions and conditions (including the payment by the City Council to the Crown Estate Commissioners of royalties, rents or sums of money in respect of materials raised from any place below the level of high water and sold by the City Council under this article or in respect of any place below the level of high water upon which materials may be deposited) as may be fixed by the Crown Estate Commissioners.
Fine for obstructing works
13
Any person who without lawful authority intentionally or recklessly obstructs any person acting under the authority of the City Council or others duly authorised to carry out the works in setting out the lines of the authorised works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Tidal works not be executed without approval of Secretary of State
14
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid or extended except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid or extended in contravention of this article —
a
the Secretary of State may by notice in writing require the City Council at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of thirty days from the date when the notice is served upon the City Council they have failed to comply with the requirements of the notice the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the City Council as a debt in any court of competent jurisdiction.
Provision against danger to navigation
15
1
In case of injury to or destruction or decay of tidal work or any part thereof forming the Tall Ships Berths the City Council shall as soon as reasonably practicable notify Trinity House and the Queen’s Harbour Master and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the City Council shall fail to notify Trinity House or the Queen’s Harbour Master as required by paragraph (1) above or to comply in any respect with a direction given under that paragraph, they shall be respectively liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
16
1
Where tidal work forming part of the Tall Ships Berths is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the City Council at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work or any portion thereof in any notice under this article.
3
If on the expiration of thirty days from the date when a notice under this article is served upon the City Council it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by him in so doing shall be recoverable from the City Council as a debt in any court of competent jurisdiction.
Survey of tidal works
17
If the Secretary of State at any time deems it expedient to do so, he may order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the City Council in respect of expenditure incurred relating to the Tall Ships Berths as a debt in any court of competent jurisdiction.
Permanent lights on tidal works
18
1
After the completion of a tidal work the City Council shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take other such steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the City Council fails to comply in any respect with a direction given under paragraph (1) above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Lights on tidal works during construction
19
1
The City Council shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the City Council fails to comply in any respect with a direction given under paragraph (1) above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Recovery of fines
20
All fines and forfeitures recoverable under the provisions of the Act of 1847 as incorporated with this Order or under any byelaw made in pursuance of section 83 of the Act of 1847 as so incorporated may be recovered summarily.
Power to lease
21
The City Council or other duly authorised managers may lease or grant the use or occupation of, or any right or interest in or over any lands, works, buildings, equipment or other property forming part of such Tall Ships Berths for harbour purposes for such period or periods and on such terms and conditions as shall be agreed between the City Council, their managers and the person taking the same.
Extension of Section 86 of Portsmouth Corporation Act 1959
22
Section 86 (Powers with respect to disposal of wrecks) of the Portsmouth Corporation Act 1959 shall have effect as if the references in subsections (1) and (7) of that section to any approach to the Inner and Outer Camber as extended by the quay works included references to the Tall Ships Berths.
Crown rights
23
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the City Council to take, use, enter upon or in any matter interfere with, any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners, and
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.
Saving rights of Queen’s Harbour Master
24
Nothing in this Order shall take away, alter, prejudice or affect the jurisdiction or any rights, powers, authorities or privileges of the Queen’s Harbour Master.
Inquiries by Secretary of State
25
The Secretary of State may cause such inquiries to be held as he may consider necessary for the purposes of the exercise of any of his powers or duties under this order, and subsections (2) to (5) inclusive of section 250 of the Local Government Act 1972 shall apply to any inquiry as if it were a local inquiry held in pursuance of subsection (1) of that section.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Stephen Reeves
Head of Ports Division in the
Department of the Environment, Transport and the Regions
31st July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Construction (Design and Management) (Amendment) Regulations 2000 and shall come into force on 2nd October 2000.
2
In these Regulations “the principal Regulations ” means the Construction (Design and Management) Regulations 1994 .
3
In these Regulations any reference to a numbered regulation is a reference to the regulation in the principal Regulations so numbered.
Amendment of the principal Regulations
2
In paragraph (1) of regulation 2, for the definition of “designer” there shall be substituted the following definition —
“designer” means any person who carries on a trade, business or other undertaking in connection with which he prepares a design
.
3
After paragraph (3) of regulation 2 there shall be inserted the following paragraph —
3A
Any reference in these Regulations to a person preparing a design shall include a reference to his employee or other person at work under his control preparing it for him; but nothing in this paragraph shall be taken to affect the application of paragraph (2)
.
4
Paragraph (2) of regulation 12 shall be amended by deleting the words “ the property of” in both instances.
5
Paragraph (1) of regulation 13 shall be amended by inserting after the word “prepare”, where it first occurs, the words “for him”.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
4th September 2000


text:
1
1
This Order may be cited as the A249 Trunk Road (Iwade Bypass to Neatscourt Roundabout and Bridge) Order 2000 and shall come into force on 19th October 2000.
2
In this Order measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the routes described in Schedule 1 to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/1/SWD/129 marked “The A249 Trunk Road (Iwade Bypass to Neatscourt Roundabout and Bridge) Order 2000” signed by authority of the Secretary of State for the Environment, Transport and the Regions and deposited at the Highways Agency, St. Christopher House, Southwark Street, London SE1 0TE.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure, or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
5
The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road, over the part of the navigable watercourse specified in that Schedule.
Signed by the authority of the Secretary of State for the Environment, Transport and the Regions
David W. Ward
Divisional Director Project Services, Highways Agency
28th September 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Relevant Functions (Payments to Authorities) (Amendment) Order 2000 and shall come into force on 3rd August 2000.
2
In this Order, “the principal Order ” means the Relevant Functions (Payments to Authorities) Order 2000 .
Amendment of the principal Order
2
1
The principal Order shall be amended in accordance with the following provisions of this article.
2
In article 1(2) the definition of “local authority” shall be omitted.
3
After article 1 there shall be inserted the following article —
1A
1
Articles 2, 3 and 4 of this Order shall apply in the case of a local authority named in Part I of the Schedule to this Order.
2
Articles 5, 6 and 7 of this Order shall apply in the case of a local authority named in Part II of the Schedule to this Order.
.
4
After article 4 there shall be inserted the following articles —
Determining relevant sum in relation to authorities named in Part II of the Schedule to this Order
5
The amount of a relevant sum payable to a local authority for the year commencing on 1st April 2000 and for subsequent years shall be determined by the Secretary of State having regard to whether the expenses have been necessarily incurred in connection with carrying out a relevant function and are directly related to that function.
Records relating to a relevant sum determined in accordance with article 5
6
The Secretary of State may require a local authority to supply such information or records as he considers necessary to satisfy him that the expenses referred to in article 5 —
a
are accurate and properly calculated;
b
have been necessarily incurred in connection with the carrying out of a relevant function; and
c
are directly related to that function.
Manner of payment of a relevant sum determined in accordance with article 5
7
A payment of a relevant sum determined in accordance with article 5 may, at the request of the local authority, be made by the Secretary of State to a person specified in subsection (1)(b) or (c) of section 140EE of the Social Security Administration Act 1992.
.
5
In the Schedule —
a
after the word “SCHEDULE” there shall be inserted the words “Part I”;
b
for the heading “LOCAL AUTHORITIES WHO MAY MAKE CLAIMS” there shall be substituted the heading “LOCAL AUTHORITIES TO WHICH ARTICLES 2, 3 AND 4 APPLY”;
c
at the end of the Schedule there shall be inserted the following —
Part II
LOCAL AUTHORITIES TO WHICH ARTICLES 5, 6 AND 7 APPLY
Amber Valley
Ashfield
Babergh
Bassetlaw
Bolsover
Forest Heath
Halton
Ipswich
Leeds
Mansfield
Mid-Suffolk
Newark and Sherwood
St. Edmundsbury
St. Helens
Suffolk Coastal
Vale Royal
Warrington
Waveney
.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
10th July 2000
We consent,
Clive J. C. Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
10th July 2000


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Allocation of Housing (England) Regulations 2000 and shall come into force on 3rd April 2000.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 1996;
“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively; and
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971 (general provisions for regulation and control).
Cases where the provisions of Part VI of the Act do not apply
3
1
The provisions of Part VI of the Act about the allocation of housing accommodation do not apply in the following cases.
2
They do not apply to the allocation of housing accommodation by a local housing authority to a person who is already —
a
a secure tenant of the Northern Ireland Housing Executive or a registered housing association within the meaning of Article 25 of the Housing (Northern Ireland) Order 1983 (secure tenancies);
b
a secure tenant under Part III of the Housing (Scotland) Act 1987 (rights of public sector tenants); or
c
an assured tenant of accommodation under Part II of the Housing (Scotland) Act 1988 (rented accommodation) (otherwise than under a short assured tenancy within the meaning of section 32 of that Act (short assured tenancies)) where the interest of the landlord belongs to —
i
a housing association registered in the register maintained by Scottish Homes under section 3 of the Housing Associations Act 1985 (the register); or
ii
a person who acquired the accommodation (otherwise than under Part III of the Housing (Scotland) Act 1987) from a district council or islands council constituted under section 2 of the Local Government (Scotland) Act 1973 (constitution of councils of regions, islands areas and districts), a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (constitution of councils), or Scottish Homes.
3
They do not apply where a local housing authority secures the provision of suitable alternative accommodation under section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers).
4
They do not apply in relation to the grant of a secure tenancy under section 554 or 555 of the Housing Act 1985 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).
Classes prescribed under section 161(2) who are qualifying persons
4
The following are classes of persons subject to immigration control prescribed for the purposes of section 161(2) of the Act (allocation only to qualifying persons) —
a
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
b
Class B — a person —
i
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
ii
whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C — a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person —
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
ii
who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
d
Class D — a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption;
e
Class E — a person who is habitually resident in the Common Travel Area and who —
i
is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 and is lawfully present in the United Kingdom; or
ii
before 3rd April 2000 was owed a duty by a housing authority under Part III of the Housing Act 1985 (housing the homeless) or Part VII of the Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961.
Classes prescribed under section 161(3) who are qualifying persons
5
The following are prescribed classes of persons, other than persons who are subject to immigration control, who are qualifying persons in relation to a local housing authority for the purposes of section 161(3) of the Act (allocation only to qualifying persons) —
a
Class F — a person who is aged 18 years or over and who is owed a duty by that authority under —
i
section 193 of the Act (duty to persons with priority need who are not homeless intentionally); or
ii
subsection (2) of section 195 of the Act (duties in case of threatened homelessness) where, in pursuance of the duty under that subsection, the authority secure that accommodation (other than that occupied by that person when he made his application for assistance under Part VII of the Act) is available for occupation by him;
b
Class G — a person who is aged 18 years or over —
i
who, within the previous two years, has been owed a duty by that authority under section 192(2) or 197(2) of the Act (duty to persons not in priority need who are not homeless intentionally and duty where other suitable accommodation available); and
ii
who is not a person who has subsequently been owed a duty by that authority under section 190 of the Act (duties to persons becoming homeless intentionally);
c
Class H — a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
Classes prescribed under section 161(3) who are not qualifying persons
6
The following is a prescribed class of persons, other than persons who are subject to immigration control, who are not qualifying persons in relation to a local housing authority for the purposes of section 161(3) of the Act (allocation only to qualifying persons) —
Class I — a person who is not habitually resident in the Common Travel Area other than —
a
a worker for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 ;
b
a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 1994 and derived from Council Directive No. 68/360/EEC or No. 73/148/EEC ;
c
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
Information in the housing register
7
A local housing authority’s housing register shall contain, in relation to each qualifying person, —
a
the name of the qualifying person;
b
the number of other persons who normally reside with him as a member of his family or who might reasonably be expected to reside with him;
c
the number of persons falling within paragraphs (a) and (b) above who are —
i
under the age of 10 years;
ii
expecting a child; or
iii
aged 60 years or over;
d
the address of the qualifying person;
e
the date on which the qualifying person was put on the register; and
f
the most recent date on which an entry on the register was amended.
Requirements before removing a person from the housing register
8
1
Before removing a person from their housing register under section 163(5) of the Act (operation of housing register) a local housing authority shall give him notice in accordance with this regulation.
2
A notice under this regulation shall —
a
require the person to provide the authority with such information as they reasonably require to enable them to decide whether to remove him from the register;
b
specify a period of not less than 28 days beginning with the day on which the person receives the notice within which the information must be provided; and
c
inform the person that the authority may decide to remove him from their register if —
i
they do not receive the information within the specified period; or
ii
they consider that in the light of the information they receive within that period there are reasons why he should be removed.
3
Notice required to be given to a person under this regulation shall be given in writing and, if not received by him, shall be treated as having been given if it is made available at the authority’s office for a reasonable period for collection by him.
Revocation
9
The following Regulations are revoked —
a
the Allocation of Housing Regulations 1996 , in so far as they extend to England;
b
regulations 2 and 3 of the Allocation of Housing and Homelessness (Amendment) Regulations 1997 , in so far as they extend to England;
c
the Allocation of Housing and Homelessness (Amendment) (No. 2) Regulations 1997 , in so far as they extend to England; and
d
the Allocation of Housing and Homelessness (Amendment) (England) Regulations 1999 .
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
10th March 2000


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Cross-Border Public Authorities) (British Wool Marketing Board) Order 2000 and shall come into force on 24th May 2000.
Amendment of the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc. ) Order 1999
2
In paragraph 3 of Schedule 5 to the Scotland Act 1998 (Cross-Border Public Authorities) (Adaptation of Functions etc.) Order 1999 for sub-paragraph (1) there shall be substituted —
1
This paragraph applies to any function exercisable by a Minister of the Crown under the 1958 Act to make an Order revoking, or an Order approving an amendment or consolidation of, the Scheme approved by the principal Order.
.
A K Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 170/3 Vehicles) Exemption Order 2000 and shall come into force on 24th November 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This Order applies to the rail vehicles which are numbered 50301 to 50308 and 79301 to 79308 which form the diesel multiple-units numbered 170301 to 170308 of the class known as “Class 170/3” (“the exempted vehicles”) as manufactured by DaimlerChrysler Rail Systems ( UK ) Limited for use by South West Trains Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(3)(b); and
b
regulation 5, in so far as it relates to control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle.
5
The exemption given in respect of regulations 4(3)(b) and 5 shall cease at the end of 31st December 2000.
6
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than South West Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
2nd November 2000


text:
1
This Order may be cited as the Rail Vehicle Accessibility (Connex South Eastern Class 375 Vehicles) Exemption Order 2000 and shall come into force on 22nd August 2000.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
3
This order applies to the rail vehicles which are numbered 67801 to 67845, 67851 to 67895, 67921 to 67940, 74201 to 74245, 74251 to 74295 and 74351 to 74360 and which form the electric multiple-units numbered 375301 to 375310 and 375601 to 375630 and 375701 to 375715 of the class known as “Class 375 ” (“the exempted vehicles”) as manufactured by ABB Daimler Benz ( UK ) Limited for use by Connex South Eastern Limited.
4
1
Subject to articles 5 and 6 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(3)(b);
b
regulation 5, in so far as it relates to door control devices which are not operated by the application of pressure and which do not control doors which are in the side of an exempted vehicle;
c
regulation 5(1)(a), in so far as it relates to the doors in the side of an exempted vehicle;
d
regulation 12, in so far as it relates to the sliding doors between the passenger saloon and a driver’s cab in the end of an exempted vehicle, and subject to the condition in article 5(1) below;
e
regulation 13, in so far as it relates to the visual passenger information systems inside the passenger saloon of an exempted vehicle, and subject to the condition in article 5(2) below;
f
regulation 13(7), in so far as it relates to the requirement that the first letter of, and numbers used in, announcements on visual systems on the front of an exempted vehicle shall be not less than 70 millimetres high, and subject to the condition in article 5(4) below.
5
1
The exemption given in article 4(2)(d) above in respect of regulation 12 shall only apply —
a
to the first 24 exempted vehicles brought in to passenger carriage service; and
b
to the vehicles whilst they are in use as part of a train which consists of no more than 8 vehicles (whether or not those vehicles are exempted).
2
The exemption given in article 4(2)(e) above in respect of regulation 13 shall apply only in relation to any exempted vehicle for any period during which the operator provides in that vehicle or, where an exempted vehicle forms part of a train, in that train, a person who complies with the requirements specified in paragraph (3) below.
3
The requirements are that the person shall —
a
have attended a training course, which has been approved by the Secretary of State, to be trained in awareness of the needs of disabled persons and persons with hearing disabilities;
b
be equipped with writing paper, a pen and a printed timetable showing the services on the route on which the exempted vehicle is being used and the times of arrival at each station on that route; and
c
be reasonably available to provide persons, with hearing disabilities, in the exempted vehicle with the information which is required by regulation 13(4) and (5) to be displayed on public address systems for visual announcements in a regulated rail vehicle which is not an exempted vehicle.
4
The exemption given by article 4(2)(f) above in respect of regulation 13(7) shall only apply provided that the first letter of, and numbers used in, announcements on visual systems on the front of an exempted vehicle shall not be less than 49 millimetres high.
6
1
The exemption given in respect of regulation 4(3)(b) shall cease at the end of 31st December 2000.
2
The exemption given in respect of regulation 5 shall cease at the end of 31st December 2011.
3
The exemption given in respect of regulation 5(1)(a) shall cease at the end of 31st December 2010.
4
The exemption given in respect of regulation 12 shall cease at the end of 31st March 2001.
5
The exemption given in respect of regulation 13 shall cease at the end of 31st August 2001.
6
The exemption given in respect of regulation 13(7) shall cease at the end of 31st March 2005.
7
The authorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than Connex South Eastern Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Keith Hill
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th July 2000


text:
PART I
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the Pressure Systems Safety Regulations 2000 and shall come into force on 21st February 2000.
Interpretation
2
1
In these Regulations, unless the context otherwise requires–
“the 1974 Act” means the Health and Safety at Work etc. Act 1974;
“the CDGCPL Regulations ” means the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 ;
“competent person” means a competent individual person (other than an employee) or a competent body of persons corporate or unincorporate; and accordingly any reference in these Regulations to a competent person performing a function includes a reference to his performing it through his employees;
“danger” in relation to a pressure system means reasonably foreseeable danger to persons from system failure, but (except in the case of steam) it does not mean danger from the hazardous characteristics of the relevant fluid other than from its pressure;
“examination” means a careful and critical scrutiny of a pressure system or part of a pressure system, in or out of service as appropriate, using suitable techniques, including testing where appropriate, to assess–
its actual condition; and
whether, for the period up to the next examination, it will not cause danger when properly used if normal maintenance is carried out, and for this purpose “normal maintenance” means such maintenance as it is reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to ensure is carried out independently of any advice from the competent person making the examination;
“ the Executive ” means the Health and Safety Executive;
“installed system” means a pressure system other than a mobile system;
“maximum allowable pressure” and “minimum allowable pressure” mean the maximum pressure and minimum pressure respectively for which a pressure vessel is designed;
“mobile system” means a pressure system which can be readily moved between and used in different locations but it does not include a pressure system of a locomotive;
“owner” in relation to a pressure system means the employer or self-employed person who owns the pressure system or, if he does not have a place of business in Great Britain, his agent in Great Britain or, if there is no such agent, the user;
“pipeline” means a pipe or system of pipes used for the conveyance of relevant fluid across the boundaries of premises, together with any apparatus for inducing or facilitating the flow of relevant fluid through, or through a part of, the pipe or system, and any valves, valve chambers, pumps, compressors and similar works which are annexed to, or incorporated in the course of, the pipe or system;
“pipework” means a pipe or system of pipes together with associated valves, pumps, compressors and other pressure containing components and includes a hose or bellows but does not include a pipeline or any protective devices;
“pressure system” means–
a system comprising one or more pressure vessels of rigid construction, any associated pipework and protective devices;
the pipework with its protective devices to which a transportable pressure receptacle is, or is intended to be, connected; or
a pipeline and its protective devices,
which contains or is liable to contain a relevant fluid, but does not include a transportable pressure receptacle;
“protective devices” means devices designed to protect the pressure system against system failure and devices designed to give warning that system failure might occur, and include bursting discs;
“relevant fluid” means —
steam;
any fluid or mixture of fluids which is at a pressure greater than 0.5 bar above atmospheric pressure, and which fluid or mixture of fluids is–
a gas, or
a liquid which would have a vapour pressure greater than 0.5 bar above atmospheric pressure when in equilibrium with its vapour at either the actual temperature of the liquid or 17.5 degrees Celsius; or
a gas dissolved under pressure in a solvent contained in a porous substance at ambient temperature and which could be released from the solvent without the application of heat;
“safe operating limits” means the operating limits (incorporating a suitable margin of safety) beyond which system failure is liable to occur;
“scheme of examination” means the written scheme referred to in regulation 8;
“system failure” means the unintentional release of stored energy (other than from a pressure relief system) from a pressure system;
“transportable pressure receptacle” has the same meaning as in regulation 2(1) of the CDGCPL Regulations;
“user” in relation to a pressure system, or a vessel to which regulation 15 applies, means the employer or self-employed person who has control of the operation of the pressure system or such a vessel or, in the case of a pressure system or such a vessel at or in–
a mine within the meaning of section 180 of the Mines and Quarries Act 1954 it means the manager for the time being of that mine;
a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 it means the operator for the time being of that quarry.
2
Any reference in these Regulations to anything being in writing or written (including any reference to anything being kept in writing) shall include reference to its being in a form–
a
in which it is capable of being reproduced as a written copy when required;
b
which is secure from loss or unauthorised interference.
3
In these Regulations, unless the context otherwise requires, any reference to–
a
a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered;
b
a numbered paragraph is a reference to that paragraph so numbered in the regulation or Schedule in which that reference appears.
Application and duties
3
1
These Regulations shall apply–
a
in Great Britain; and
b
outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of articles 7 and 8(a) of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 1995 save in relation to anything to which articles 4 to 6 of that Order apply.
2
Subject to Schedule 1 (which sets out exceptions to the Regulations), these Regulations shall apply to or in relation to pressure systems which are used or intended to be used at work.
3
Any requirement or prohibition imposed by these Regulations on an employer in respect of the activities of his employees shall also extend to a self-employed person in respect of his own activities at work.
4
Any requirement or prohibition imposed by these Regulations on a person–
a
who designs, manufactures, imports or supplies any pressure system, or any article which is intended to be a component part of any pressure system, shall extend only to such a system or article designed, manufactured, imported or supplied in the course of a trade, business or other undertaking carried on by him (whether for profit or not);
b
who designs or manufactures such a system or article shall extend only to matters within his control.
5
The provisions of Schedule 2 (which relate to the modification of duties in cases where pressure systems are supplied by way of lease, hire or other arrangements) shall have effect.
PART II
GENERAL
Design and construction
4
1
Any person who designs, manufactures, imports or supplies any pressure system or any article which is intended to be a component part of any pressure system shall ensure that paragraphs (2) to (5) are complied with.
2
The pressure system or article, as the case may be, shall be properly designed and properly constructed from suitable material, so as to prevent danger.
3
The pressure system or article, as the case may be, shall be so designed and constructed that all necessary examinations for preventing danger can be carried out.
4
Where the pressure system has any means of access to its interior, it shall be so designed and constructed as to ensure, so far as practicable, that access can be gained without danger.
5
The pressure system shall be provided with such protective devices as may be necessary for preventing danger; and any such device designed to release contents shall do so safely, so far as is practicable.
Provision of information and marking
5
1
Any person who–
a
designs for another any pressure system or any article which is intended to be a component part thereof; or
b
supplies (whether as manufacturer, importer or in any other capacity) any pressure system or any such article, shall provide sufficient written information concerning its design, construction, examination, operation and maintenance as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
2
The employer of a person who modifies or repairs any pressure system shall provide sufficient written information concerning the modification or repair as may reasonably foreseeably be needed to enable the provisions of these Regulations to be complied with.
3
The information referred to in paragraph (1) shall–
a
in the case of paragraph (1)(a), be provided with the design;
b
in the case of paragraph (1)(b), be provided with the pressure system or article when it is supplied by that person;
c
in the case of paragraph (2), be provided to the user of the system immediately after the modification or repair.
4
Any person who manufactures a pressure vessel shall ensure that before it is supplied by him the information specified in Schedule 3 is marked on the vessel, or on a plate attached to it, in a visible, legible and indelible form; and no person shall import a pressure vessel unless it is so marked.
5
No person shall remove from a pressure vessel any mark or plate containing any of the information specified in Schedule 3.
6
No person shall falsify any mark on a pressure system, or on a plate attached to it, relating to its design, construction, test or operation.
Installation
6
The employer of a person who installs a pressure system at work shall ensure that nothing about the way in which it is installed gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
Safe operating limits
7
1
The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has established the safe operating limits of that system.
2
The owner of a mobile system shall, if he is not also the user of it–
a
supply the user with a written statement specifying the safe operating limits of that system established pursuant to paragraph (1); or
b
ensure that the system is legibly and durably marked with such safe operating limits and that the mark is clearly visible.
Written scheme of examination
8
1
The user of an installed system and owner of a mobile system shall not operate the system or allow it to be operated unless he has a written scheme for the periodic examination, by a competent person, of the following parts of the system, that is to say–
a
all protective devices;
b
every pressure vessel and every pipeline in which (in either case) a defect may give rise to danger; and
c
those parts of the pipework in which a defect may give rise to danger,
and such parts of the system shall be identified in the scheme.
2
The said user or owner shall–
a
ensure that the scheme has been drawn up, or certified as being suitable, by a competent person;
b
ensure that–
i
the content of the scheme is reviewed at appropriate intervals by a competent person for the purpose of determining whether it is suitable in current conditions of use of the system; and
ii
the content of the scheme is modified in accordance with any recommendations made by that competent person arising out of that review.
3
No person shall draw up or certify a scheme of examination under paragraph (2)(a) unless the scheme is suitable and–
a
specifies the nature and frequency of examination;
b
specifies any measures necessary to prepare the pressure system for safe examination other than those it would be reasonable to expect the user (in the case of an installed system) or owner (in the case of a mobile system) to take without specialist advice; and
c
where appropriate, provides for an examination to be carried out before the pressure system is used for the first time.
4
References in paragraphs (2) and (3) to the suitability of the scheme are references to its suitability for the purposes of preventing danger from those parts of the pressure system included in the scheme.
Examination in accordance with the written scheme
9
1
Subject to paragraph (7), the user of an installed system and the owner of a mobile system shall–
a
ensure that those parts of the pressure system included in the scheme of examination are examined by a competent person within the intervals specified in the scheme and, where the scheme so provides, before the system is used for the first time; and
b
before each examination take all appropriate safety measures to prepare the system for examination, including any such measures as are specified in the scheme of examination pursuant to regulation 8(3)(b).
2
Where a competent person undertakes an examination for the purposes of paragraph (1) he shall carry out that examination properly and in accordance with the scheme of examination.
3
Where a competent person has carried out an examination for the purposes of paragraph (1) he shall, subject to paragraph (4) and regulation 14(4), make a written report of the examination, sign it or add his name to it, date it and send it to the user (in the case of an installed system) or owner (in the case of a mobile system); and the said report shall be so sent as soon as is practicable after completing the examination (or, in the case of integrated installed systems where the examination is part of a series, as soon as is practicable after completing the last examination in that series), and in any event to arrive–
a
within 28 days of the completion of the examination (or, in the case of integrated installed systems where the examination is part of a series, within 28 days of the completion of the last examination in that series); or
b
before the date specified in the report under paragraph (5)(b),
whichever is sooner.
4
Where the competent person referred to in paragraph (3) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to send the report to the user or owner shall not apply, but he shall make the report by the time it would have been required to have been sent to him under that paragraph if he had not been the competent person.
5
The report required by paragraph (3) shall–
a
state which parts of the pressure system have been examined, the condition of those parts and the results of the examination;
b
specify any repairs or modifications to, or changes in the established safe operating limits of, the parts examined which, in the opinion of the competent person, are necessary to prevent danger or to ensure the continued effective working of the protective devices, and specify the date by which any such repairs or modifications must be completed or any such changes to the safe operating limits must be made;
c
specify the date within the limits set by the scheme of examination after which the pressure system may not be operated without a further examination under the scheme of examination; and
d
state whether in the opinion of the competent person the scheme of examination is suitable (for the purpose of preventing danger from those parts of the pressure system included in it) or should be modified, and if the latter state the reasons.
6
The user of an installed system and the owner of a mobile system which has been examined under this regulation shall ensure that the system is not operated, and no person shall supply such a mobile system for operation, after (in each case)–
a
the date specified under paragraph (5)(b), unless the repairs or modifications specified under that paragraph have been completed, and the changes in the established safe operating limits so specified have been made; or
b
the date specified under paragraph (5)(c) (or, if that date has been postponed under paragraph (7), the postponed date) unless a further examination has been carried out under the scheme of examination.
7
The date specified in a report under paragraph (5)(c) may be postponed to a later date by agreement in writing between the competent person who made the report and the user (in the case of an installed system) or owner (in the case of a mobile system) if–
a
such postponement does not give rise to danger;
b
only one such postponement is made for any one examination; and
c
such postponement is notified by the user or owner in writing to the enforcing authority for the premises at which the pressure system is situated, before the date specified in the report under paragraph (5)(c).
8
Where the competent person referred to in paragraph (7) is the user (in the case of an installed system) or owner (in the case of a mobile system) the reference in that paragraph to an agreement in writing shall not apply, but there shall be included in the notification under sub-paragraph (c) of that paragraph a declaration that the postponement will not give rise to danger.
9
The owner of a mobile system shall ensure that the date specified under paragraph (5)(c) is legibly and durably marked on the mobile system and that the mark is clearly visible.
Action in case of imminent danger
10
1
If the competent person carrying out an examination under the scheme of examination is of the opinion that the pressure system or part of the pressure system will give rise to imminent danger unless certain repairs or modifications have been carried out or unless suitable changes to the operating conditions have been made, then without prejudice to the requirements of regulation 9, he shall forthwith make a written report to that effect identifying the system and specifying the repairs, modifications or changes concerned and give it–
a
in the case of an installed system, to the user; or
b
in the case of a mobile system, to the owner and to the user, if any,
and the competent person shall within 14 days of the completion of the examination send a written report containing the same particulars to the enforcing authority for the premises at which the pressure system is situated.
2
Where a report is given in accordance with paragraph (1) to–
a
the user of a pressure system, he shall ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated;
b
the owner of a mobile system, he shall take all reasonably practicable steps to ensure that the system (or, if the report only affects a discrete part of the system, that part) is not operated,
until the repairs, modifications or changes, as the case may be, have been carried out or made.
3
Where the competent person referred to in paragraph (1) is the user (in the case of an installed system) or owner (in the case of a mobile system) the requirement in that paragraph to give the report to the user or owner shall not apply, and the reference in paragraph (2) to the giving of the report to the user or owner shall be construed as a reference to the making of the report by him.
Operation
11
1
The user of an installed system and the owner of a mobile system shall provide for any person operating the system adequate and suitable instructions for–
a
the safe operation of the system; and
b
the action to be taken in the event of any emergency.
2
The user of a pressure system shall ensure that it is not operated except in accordance with the instructions provided in respect of that system under paragraph (1)(a).
Maintenance
12
The user of an installed system and the owner of a mobile system shall ensure that the system is properly maintained in good repair, so as to prevent danger.
Modification and repair
13
The employer of a person who modifies or repairs a pressure system at work shall ensure that nothing about the way in which it is modified or repaired gives rise to danger or otherwise impairs the operation of any protective device or inspection facility.
Keeping of records, etc.
14
1
The user of an installed system and the owner of a mobile system shall keep–
a
the last report relating to the system made by the competent person pursuant to regulation 9(3);
b
any such previous reports if they contain information which will materially assist in assessing whether–
i
the system is safe to operate, or
ii
any repairs or modifications to the system can be carried out safely;
c
any–
i
information provided pursuant to regulation 5 of these Regulations; or
ii
instructions specified in section 3.4 of Annex I to Directive 97/23/ EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning pressure equipment , which Annex is set out in Schedule 2 to the Pressure Equipment Regulations 1999 , and provided pursuant to regulation 7(1) and (3) or 8(1) and (3)(b)(i) of those Regulations,
which relate to those parts of the pressure system included in the scheme of examination; and
d
any agreement made pursuant to regulation 9(7), and, in a case to which regulation 9(8) applies, a copy of the notification referred to in regulation 9(7)(c), until a further examination has been carried out since that agreement or notification under the scheme of examination.
2
Anything required to be kept by this regulation shall be kept–
a
in the case of an installed system, at the premises where the system is installed, or at other premises approved for the purposes of this sub-paragraph by the enforcing authority responsible for enforcing these Regulations at the premises where the system is installed;
b
in the case of a mobile system, at the premises in Great Britain from which the deployment of the system is controlled;
c
in a case to which regulation 2(2) applies, by means whereby it is capable of being reproduced as required by regulation 2(2)(a) at the premises referred to in sub-paragraph (a) or (b) as appropriate.
3
Where the user or owner of a pressure system or part thereof changes, the previous user or owner shall as soon as is practicable give to the new user or owner in writing anything (relating to the system or part thereof, as the case may be) kept by him under this regulation.
Precautions to prevent pressurisation of certain vessels
15
1
Paragraph (2) shall apply to a vessel–
a
which is constructed with a permanent outlet to the atmosphere or to a space where the pressure does not exceed atmospheric pressure; and
b
which could become a pressure vessel if that outlet were obstructed.
2
The user of a vessel to which this paragraph applies shall ensure that the outlet referred to in sub-paragraph (a) of paragraph (1) is at all times kept open and free from obstruction when the vessel is in use.
PART III
MISCELLANEOUS
Defence
16
1
In any proceedings for an offence for a contravention of any of the provisions of these Regulations it shall, subject to paragraphs (2) and (3), be a defence for the person charged to prove–
a
that the commission of the offence was due to the act or default of another person not being one of his employees (hereinafter called “the other person ”); and
b
that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
2
The person charged shall not, without the leave of the court, be entitled to rely on the defence referred to in paragraph (1) unless, within a period ending seven clear days–
a
before the hearing to determine mode of trial, where the proceedings are in England or Wales;
b
before the intermediate diet, where the proceedings are summary proceedings in Scotland; or
c
before the first diet, where the proceedings are solemn proceedings in Scotland,
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of the other person as was then in his possession.
3
Where a contravention of these regulations by any person is due to the act or default of the other person, that other person shall be guilty of the offence which would, but for any defence under this regulation available to the first-mentioned person, be constituted by the act or default.
Power to grant exemptions
17
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons or any type or class of pressure system from the application of any of the requirements or prohibitions imposed by these Regulations, and any such exemption may be granted subject to conditions and to a limit of time, and may be revoked by a certificate in writing at any time.
2
The Executive shall not grant any such exemption unless, having regard to the circumstances, and in particular to–
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirement imposed by or under any enactment which apply to the case,
it is satisfied that the health and safety or persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Repeals and revocations
18
1
Sections 34 to 38 of the Factories Act 1961 are repealed.
2
The Pressure Systems and Transportable Gas Containers Regulations 1989 , regulation 21(6) of and Schedule 6 to the CDGCPL Regulations and regulation 3 of and Schedule 2 to the Carriage of Dangerous Goods (Amendment) Regulations 1999 are revoked.
Transitional provision
19
The substitution of provisions in these Regulations for provisions of the Pressure Systems and Transportable Gas Containers Regulations 1989 shall not affect the continuity of the law; and accordingly anything done under or for the purposes of such provision of the 1989 Regulations shall have effect as if done under or for the purposes of any corresponding provision of these Regulations.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
20th January 2000


text:
Citation and commencement
1
These Regulations may be cited as the Education (Grants) (Wells Cathedral School) Regulations 2000 and shall come into force on 1st September 2000.
Payment of grant
2
The Secretary of State may on or before 31 October 2000 pay a grant of such amount as he may determine to the governors of Wells Cathedral School (“the School”) in respect of expenditure to be incurred by the governors, on, or in connection with, the purchase, building and equipping of premises to accommodate the International Centre for Young Musicians at Wells, Somerset.
Conditions of payment
3
The payment of grant under these Regulations shall be dependant on the fulfilment of such conditions as may be specified by the Secretary of State.
Requirements to be observed
4
Where a grant is paid under these Regulations the governors of the School shall comply with such requirements (including requirements as to the repayment of the grant or the payment to the Secretary of State of other sums representing the value of the premises purchased with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State.
Estelle Morris,
Minister of State,
Department for Education and Employment
27th July 2000


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security Amendment (Capital Limits and Earnings Disregards) Regulations 2000 and shall come into force —
a
for the purposes of —
i
this regulation and regulation 2(3); and
ii
regulations 3 and 4 and paragraph 1 of the Schedule (in so far as those regulations and that paragraph relate to council tax benefit),
on 1st April 2001;
b
for the purposes of regulation 2(4) and for the purposes of regulations 3 and 4 and paragraph 1 of the Schedule (in so far as those regulations and that paragraph relate to housing benefit) —
i
in a case where rent is payable at intervals of a whole number of weeks, on 2nd April 2001; and
ii
in any other case, on 1st April 2001;
c
for all other purposes, on 9th April 2001.
2
Regulation 2(1) of these Regulations shall, in relation to any particular claimant for income support, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expressions “benefit week” and “claimant” shall have the same meaning as in regulation 2(1) of the Income Support Regulations .
3
Regulation 2(2) of these Regulations shall, in relation to any particular claimant for a jobseeker’s allowance, have effect from the first day of the first benefit week to commence for that claimant on or after 9th April 2001 and in this paragraph, the expression “benefit week” shall have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
In these Regulations —
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Capital limits
2
1
In the Income Support Regulations —
a
in regulation 41(1) (capital treated as income), after the figure “£8,000” there shall be inserted the words “or, in a case where regulation 45(aa) applies, £12,000”;
b
in regulation 45 (capital limit) —
i
in paragraph (a), after the word “paragraph” there shall be inserted the words “(aa) or”;
ii
after paragraph (a), there shall be inserted the following paragraph —
aa
where the circumstances prescribed in regulation 53(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;
;
c
in regulation 53 (calculation of tariff income from capital) —
i
in paragraph (1), after the word “paragraph” there shall be inserted the words “(1ZA) or”;
ii
after paragraph (1) there shall be inserted the following paragraph —
1ZA
Where the claimant —
a
is aged 60 or over or has a partner who is aged 60 or over;
b
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
c
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.
;
iii
in both paragraphs (2) and (3), after “(1)” there shall be inserted “, (1ZA)”.
2
In the Jobseeker’s Allowance Regulations —
a
in regulation 104(1) (capital treated as income), after the figure “£8,000” there shall be inserted the words “or, in a case where regulation 107(aa) applies, £12,000”;
b
in regulation 107 (capital limit) —
i
in paragraph (a), after the word “paragraph” there shall be inserted the words “(aa) or”;
ii
after paragraph (a), there shall be inserted the following paragraph —
aa
where the circumstances prescribed in regulation 116(1ZA) apply in the claimant’s case, the prescribed amount is £12,000;
;
c
in regulation 116 (calculation of tariff income from capital) —
i
in paragraph (1), after the word “paragraph” there shall be inserted the words “(1ZA) or”;
ii
after paragraph (1) there shall be inserted the following paragraph —
1ZA
Where the claimant —
a
is aged 60 or over or has a partner who is aged 60 or over;
b
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
c
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £12,000.
;
iii
in both paragraphs (2) and (3), after “(1)” there shall be inserted “,(1ZA)”.
3
In regulation 37(1) of the Council Tax Benefit Regulations (calculation of tariff income from capital), for the words from “£3,000” to the end of the paragraph there shall be substituted the words —
—
a
£6,000 in the case where the claimant is aged 60 or over or has a partner who is aged 60 or over;
b
£3,000 in any other case,
it shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £3,000 or, as the case may be, £6,000 but not exceeding £16,000.
.
4
In regulation 45 of the Housing Benefit Regulations (calculation of tariff income from capital) —
a
in paragraph (1), after the word “paragraph” there shall be inserted the words “(1ZA) or”;
b
after paragraph (1) there shall be inserted the following paragraph —
1ZA
Where the claimant —
a
is aged 60 or over or has a partner who is aged 60 or over;
b
is not a person to whom the circumstances prescribed in paragraph (1B) apply; and
c
has capital which, calculated in accordance with this Part, exceeds £6,000,
that capital shall be treated as equivalent to a weekly income of £1 for each complete £250 in excess of £6,000 but not exceeding £16,000.
;
c
in both paragraphs (2) and (3), after “(1)” there shall be inserted “,(1ZA)”.
Sums to be disregarded in the calculation of earnings
3
In each of the provisions specified in the Schedule to these Regulations (which relate to sums to be disregarded in the calculation of earnings) but subject to regulation 4 below, for the sum “£15”, wherever that sum appears, there shall be substituted the sum “£20”.
Saving
4
Paragraph 3(4)(c) of Schedule 3 to both the Council Tax Benefit Regulations and to the Housing Benefit Regulations, paragraph 4(4)(c) of Schedule 8 to the Income Support Regulations and paragraph 5(4)(c) of Schedule 6 to the Jobseeker’s Allowance Regulations shall have effect as if regulation 3 above had not been made in a case where the claimant was entitled, by virtue of sub-paragraph (2) or (3) of those paragraphs as in force immediately before the coming into force of these Regulations, to a disregard of £15.
Signed by authority of the Secretary of State for Social Security.
Hugh Bayley
Parliamentary Under-Secretary of State,
Department of Social Security
18th September 2000


text:
Citation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 5) Order 2000.
2
In this Order —
a
“ the Act ” means the Child Support, Pensions and Social Security Act 2000 and, except where otherwise stated, references to sections and Schedules are references to sections of and Schedules to the Act; and
b
“the 1991 Act ” means the Child Support Act 1991 .
Appointed days
2
1
31st January 2001 is the day appointed for the coming into force of the following provisions: —
a
sections 13,14, 15 and 22(1) to (3); and
b
paragraph 11(2) of Schedule 3, and section 26 in so far as it relates to that paragraph, in so far as that paragraph affects section 3(2) of the 1991 Act (change of terminology from “absent parent” to “non-resident parent”) for the purposes of sections 15(4A) and 44(2A) of the 1991 Act, inserted respectively by sections 14 and 22(3), and section 44(1) of the 1991 Act amended by section 22(2).
2
The day appointed for the coming into force of section 11 is 15th February 2001.
3
The day appointed for the coming into force of sections 16 and 17 is 2nd April 2001.
Signed by authority of the Secretary of State for Social Security.
P. Hollis
Parliamentary Under-Secretary of State,
Department of Social Security
18th December 2000


text:
1
This Order may be cited as the A4 Trunk Road (Bath Road, Hillingdon) (Bus Lane) Order 2000 and shall come into force on 10th April 2000.
2
In this Order:
“the trunk road” means that length of the A4 Trunk Road in the London Borough of Hillingdon known as Bath Road;
“Sipson Way” means the road of that name in the London Borough of Hillingdon;
“bicycle” means a bicycle not being a motor vehicle;
“bus” means a public service vehicle as defined in section 1 of the Public Passenger Vehicles Act 1981 ;
“taxi” has the meaning given in regulation 4 of the Traffic Signs Regulations and General Directions 1994 ; and
“eastbound bus lane” means the left hand or nearside lane of the eastbound carriageway of the trunk road between a point 57 metres west of the eastern kerbline of Sipson Way and a point 6 metres west of the eastern kerbline of Sipson Way, a distance of approximately 51 metres.
3
1
Subject to paragraph (2), no person shall cause or permit a vehicle to enter or proceed in the eastbound bus lane.
2
Paragraph (1) shall not apply to:–
a
a bus, a licensed taxi or a bicycle;
b
any vehicle being used for Police, Fire Brigade or Ambulance purposes; and
c
anything done at the direction or with the permission of a constable in uniform or a traffic warden.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
P Harwood
A Grade 7 Officer, Highways Agency, London Network & Customer Services Division
31st March 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford South and West Primary Care Trust (Establishment) Order 2000 and shall come into force on 26th July 2000.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“establishment date” means the date of coming into force of this Order;
“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 Bradford South and 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 Bradford South and 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 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 October 2000.
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 Bradford 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 Bradford 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 Bradford Community Health National Health Service Trust and the Bradford Hospitals National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of those NHS trusts; and
b
staff of those NHS trusts.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
18th July 2000