text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Disclosure of State Pension Information) Regulations 2000 and shall come into force on 1st January 2001.
2
In these Regulations, including this regulation —
“ the Act ” means the Child Support, Pensions and Social Security Act 2000;
“applicant” means a person who has made, or is proposing to make, an application for the purposes of section 42(2) of the Act;
“national insurance number”, in relation to any person, has the same meaning as in section 182C of the Social Security Administration Act 1992 .
3
Where, in accordance with these Regulations, a notice or application is required to be given or made in writing, that notice or application may be given or made by transmitting it by electronic means.
Application for disclosure of state pension information
2
An application to the Secretary of State under section 42 of the Act for the disclosure of state pension information held in relation to any individual (“an application for disclosure”) shall be made in writing.
Conditions for disclosure of state pension information
3
1
For the purposes of section 42(2)(b) of the Act, the prescribed conditions for disclosure of state pension information are —
a
in the case of an application for disclosure made by a person falling within section 42(3)(e) of the Act, that the individual to whom the information relates has consented to the making of the application and to the disclosure;
b
in any other case, that —
i
the condition specified in sub-paragraph (a) above is satisfied, or
ii
where no application for disclosure has previously been made, the conditions specified in paragraph (2) below are satisfied, or
iii
where an application for disclosure has previously been made, the condition specified in paragraph (3) below is satisfied.
2
The conditions referred to in paragraph (1)(b)(ii) above are that the individual to whom the state pension information relates —
a
has been provided by the applicant with a notice in writing of his intention (“notice of intention”) to apply for the disclosure of the individual’s state pension information and that notice specifies —
i
the date on which the notice is sent to the individual (the date of the notice),
ii
that the information disclosed pursuant to an application for disclosure is to be used by the applicant only for the purpose of providing a forecast or illustration of the pension entitlement likely to accrue to the individual, or capable of being secured by him, based on his state pension information and other relevant information about his pension rights held by the applicant in relation to that individual,
iii
that any, or all, of the personal information relating to the individual specified in regulation 4 below may be disclosed to the Secretary of State by the applicant for the purpose of making the application,
iv
the manner in which the individual may object to the making of such an application,
v
the period during which the individual may object to the making of such an application,
vi
that, in the absence of an objection in accordance with heads (iv) and (v) above to the making of the application, state pension information relating to that individual may be disclosed by the Secretary of State to the applicant pursuant to that application,
vii
that, in the absence of such an objection, the applicant may make subsequent applications for disclosure, and disclose personal information for that purpose, for so long as the individual remains an employee of the applicant or, as the case may be, a member of an occupational or personal pension scheme in relation to which the applicant is the trustee or manager, and
viii
the right of the individual, after the expiry of the period referred to in head (v) above and before he ceases to be an employee of the applicant or, as the case may be, a member of an occupational or personal pension scheme in relation to which the applicant is the trustee or manager, to object to any subsequent application for disclosure, and the manner in which such an objection may be made; and
b
has not objected in accordance with sub-paragraph (a)(iv) and (v) above to the making of an application for disclosure.
3
The condition referred to in paragraph (1)(b)(iii) above is that, prior to any subsequent application for disclosure being made, the applicant has satisfied himself that the individual to whom the state pension information relates has not, in accordance with paragraph (2)(a)(viii) above, objected to any such subsequent application.
4
The period referred to in paragraph (2)(a)(v) above shall be not less than 30 days beginning with the date of the notice.
Disclosure of information for the purpose of making an application
4
For the purpose of making an application for disclosure in accordance with the provisions of these Regulations, the applicant may disclose any, or all, of the following personal information relating to the individual —
a
his —
i
surname or family name,
ii
forename (or forenames),
iii
sex,
iv
date of birth,
v
address,
vi
national insurance number;
b
any —
i
staff number, payroll number or other similar identifying number,
ii
pension scheme number,
iii
pension policy number,
allocated to him.
Signed by authority of the Secretary of State for Social Security.
Jeff Rooker
Minister of State,
Department of Social Security
1st December 2000


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Gaming Duty (Amendment) Regulations 2000 and come into force on 1st October 2000.
Interpretation
2
In these Regulations “quarter” means the first three months of an accounting period.
Application and revocation
3
1
These Regulations apply in the case of payments on account of gaming duty for any quarter that ends on or after 31st October 2000.
2
The Gaming Duty (Amendment) Regulations 1998 are revoked.
The amount of payments on account
4
For the purpose of calculating payments on account of gaming duty in the cases to which these Regulations apply substitute the following Table for the Table in regulation 5 of the Gaming Duty Regulations 1997 .
TABLE
Part of gross gaming yield Rate
The first £235,250 2½ per cent The next £522,750 12½ per cent The next £522,750 20 per cent The next £915,000 30 per cent The remainder 40 per cent
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
7th September 2000


text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Measures for the Recovery of the Stock of Cod) (Irish Sea) Order 2000 and shall come into force on the day after the day on which it is made.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“the Community provisions” means:
the prohibition contained in Article 1.1 of the Commission Regulation, as read with Article 1.2 and 1.3 of that Regulation, and
the requirement contained in article 4(4)(b) of Regulation 850/98, as read with articles 4(5)(a) and 5 and Annex I of that Regulation, in so far (only) as that requirement has been given extended effect by virtue of article 2 of the Commission Regulation;
“the Commission Regulation” means Commission Regulation ( EC ) No. 304/2000 establishing measures for the recovery of the stock of cod in the Irish Sea (ICES division VIIa) ;
“fishing boat” includes a receiving vessel and a third country vessel, in each case within the meaning of Regulation 2847/93;
“local fisheries committee” means a local fisheries committee constituted by an order made, or having effect as if made, under section 1 of the Sea Fisheries Regulation Act 1966 ;
“Regulation 2847/93” means Council Regulation ( EEC ) No 2847/93 establishing a control system applicable to the common fisheries policy ;
“Regulation 850/98” means Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms ;
“relevant British fishing boat” means a British fishing boat which is not a Scottish fishing boat;
“relevant offence” means an offence under:
Article 3 of this Order, or
any provision in any other order extending to any part of the United Kingdom made for the purpose of implementing the Community provisions, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“specified area” means all of the area defined in Article 1.1 of the Commission Regulation except that part which lies within the territorial sea adjacent to Wales;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging.
2
In this Order —
a
the term “within relevant British fishery limits” does not include the territorial sea adjacent to the Isle of Man;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
Offences
3
— Where there is, in respect of —
a
any relevant British fishing boat within the specified area;
b
any other fishing boat which is in the specified area and within relevant British fishery limits; or
c
the entry into any part of the specified area which falls within relevant British fishery limits by any fishing boat,
a contravention of, or failure to comply with, any of the Community provisions, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
1
A person found guilty in England or Northern Ireland of an offence under article 3 of this Order, or under any equivalent provision in any other order extending to any part of the United Kingdom proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the statutory maximum;
b
on conviction on indictment to a fine.
2
Subject to the following provisions of this article, the court by or before which a person is convicted of a relevant offence may order the forfeiture of any fish in respect of which the offence was committed and of any net or other fishing gear used in committing the offence.
3
Any person found guilty of a relevant offence shall, subject to paragraph (5), be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
4
A person shall not be liable to a fine under paragraph (3) in respect of a relevant offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which the offence was committed; and where a fine is imposed under paragraph (3) in respect of any relevant offence, the court shall not have power under paragraph (2) to order the forfeiture of the fish in respect of which the relevant offence was committed.
5
Subject to paragraph (4), any fine to which a person is liable under paragraph (3) in respect of a relevant offence shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article or under any other enactment.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 10 of this Order, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Article 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1981 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions, any British sea-fishery officer may exercise in relation to —
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is in the specified area and within relevant British fishery limits,
the powers conferred by paragraphs (2) to (4) of this article.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragrah (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall apply mutatis mutandis in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fish or fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England and Nothern Ireland,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is in the specified area and within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Powers of other officers
9
For the purpose of enforcing article 3 of this Order, or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing the Community provisions, any fishery officer of a local fisheries committee may, within the district of the committee, go on board any British fishing boat or enter any premises (other than a dwelling) used for carrying on any business in connection with the treatment, storage or sale of fish, may search for and examine any fish and any nets or other fishing gear in any place, whether on board a fishing boat or elsewhere, and whether in a receptacle or not, and may seize any fish, net or other fishing gear in respect of which he has reasonable grounds to suspect that a relevant offence has been committed.
Protection of officers
10
An officer or a person assisting him by virtue of articles 6(2) or 7(1)(b) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 9 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
11
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 6, 7 or 8 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 6 to 9 of this Order or internationally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
12
1
Where any offence under article 3 of this Order committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3 of this Order committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3 of this Order committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Proceedings
13
1
A local fisheries committee in England may take proceedings in respect of any offence occurring within the district of the committee under article 3 of this Order.
2
For the purpose of paragraph (1) of this article the district of a local fisheries committee shall be deemed to extend throughout the area of any council in England liable to pay, or contribute to the payment of, the expenses of the committee, except that the powers conferred by that paragraph on any fishery officer of a local fisheries committee shall not be exercisable in respect of any matter arising within the limits of any market under the control of the council of any district.
Admissibility in evidence of logbooks and other documents
14
1
Any —
a
logbook kept under Articles 6, 17.2 or 28c;
b
declaration submitted under Articles 8.1, 11, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Articles 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Elliot Morley
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
23rd February 2000
John Reid
Secretary of State for Scotland
21st February 2000
Signed by authority of the Secretary of State for Wales.
David Hanson
Secretary of State for Wales
22nd February 2000
Peter Mandelson
Secretary of State for Northern Ireland
24th February 2000


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Nuneaton and Bedworth (Electoral Changes) Order 2000.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 2nd May 2002, on 10th October 2001;
b
for all other purposes, on 2nd May 2002.
3
In this Order —
“borough” means the borough of Nuneaton and Bedworth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map prepared by the Department of the Environment, Transport and the Regions marked “Map of the Borough of Nuneaton and Bedworth (Electoral Changes) Order 2000”, and deposited in accordance with regulation 27 of the Local Government Changes for England Regulations 1994 .
Wards of the borough of Nuneaton and Bedworth
2
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be two.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Nuneaton and Bedworth
3
1
Subject to the following provisions of this article, the election of councillors for wards of the borough shall be by thirds.
2
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2002 .
3
The councillors holding office for any ward of the borough immediately before 6th May 2002 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
4
The order of retirement of councillors shall be as set out in Schedule 2.
5
Of the councillors elected in 2002 for any ward of the borough the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smaller number of votes.
6
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
7
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
8
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
9
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors shall be four years; and all councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
Revocation
4
The Borough of Nuneaton (Electoral Arrangements) Order 1977 is hereby revoked.
Signed by authority of the Secretary of Statefor the Environment, Transport and the Regions.
Beverley Hughes,
Parliamentary Under Secretary of State,
Department of the Environment, Transport and the Regions
28th July 2000


text:
1
This Order may be cited as the Walford College, Shropshire (Dissolution) Order 2000 and shall come into force on 1st January 2001.
2
On 1st January 2001 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to the North Shropshire College, Oswestry, being a body corporate established for purposes, which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st January 2001 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st January 2001;
c
to the transferor were to the corporation; and
d
to the corporation were to the North Shropshire College, Oswestry.
Tessa Blackstone
Minister of State,
Department for Education and Employment
7th December 2000


text:
Citation and commencement
1
1
These Regulations may be cited as the Railways (Interoperability) (Notified Bodies) Regulations 2000 and shall come into force on 18th July 2000.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“notified bodies” means the persons appointed by the Secretary of State pursuant to Regulation 4; and
“the Railways Interoperability Directive” means Council Directive No. 96/48/ EC of 23rd July 1996 on the Interoperability of the trans-European high speed rail system .
2
Subject to paragraph (1) above, expressions used in these Regulations and the Railways Interoperability Directive shall have the same meanings as in the Railways Interoperability Directive.
Functions of Notified Bodies
3
Notified bodies shall be responsible in Great Britain for —
a
assessing the conformity or suitability for use of interoperability constituents against the relevant essential requirements by applying the procedures referred to in annex IV of the Railways Interoperability Directive;
b
applying the procedures for the verification of structural subsystems referred to in annex VI of the Railways Interoperability Directive in respect of the rail network schemes specified in Schedule 1 to these Regulations; and
c
consulting other notified bodies appointed pursuant to the Railways Interoperability Directive throughout the European Community in relation to the functions referred to in paragraphs (a) and (b) above to ensure that, particularly in the absence of technical specifications for interoperability, the procedures for assessment and verification required under the Railways Interoperability Directive are consistently applied within the European Community.
Notified bodies appointed by the Secretary of State
4
1
Subject to paragraph (2), the Secretary of State shall appoint such persons as he sees fit to be notified bodies.
2
The Secretary of State shall not appoint any person as a notified body unless he is satisfied by the person to be appointed that that person will be capable of meeting the minimum criteria specified in Schedule 2 in carrying out any of the functions specified in regulation 3.
3
An appointment —
a
may relate to such descriptions of the subsystems and interoperability constituents as the Secretary of State may specify;
b
may be made subject to such conditions as the Secretary of State may specify, including any such conditions as are to apply upon or following termination of the appointment; and
c
subject to paragraphs 4 and 5 below, an appointment under this regulation may be for such period as may be specified in the appointment.
4
An appointment shall terminate —
a
at the expiry of any period specified in the appointment pursuant to paragraph 4(3)(c);
b
upon the expiry of 90 days notice in writing given by the notified body to the Secretary of State; or
c
on any date specified for the termination of the appointment in accordance with paragraph (5) below,
whichever is the earliest.
5
If at any time it appears to the Secretary of State that —
a
any of the conditions of the appointment of a notified body are not being complied with; or
b
a notified body is no longer meeting the minimum criteria specified in Schedule 2,
the Secretary of State may, by notice in writing to that notified body, specify a date on which the appointment of that person as a notified body shall terminate.
6
When the appointment of a notified body terminates in accordance with paragraph (4) above the Secretary of State may —
a
give such directions as the Secretary of State shall consider appropriate, either to the notified body whose appointment is terminating or to another notified body, for the purpose of making such arrangements as may be necessary or expedient for the determination of any matters which would, apart from the termination, have fallen to be determined by the notified body whose appointment is terminating; and
b
without prejudice to the generality of the forgoing, authorise another notified body to take over the functions of the notified body whose appointment has terminated in respect of such matters as the Secretary of State may specify.
Fees
5
1
Subject to paragraph (2), a notified body appointed by the Secretary of State may charge such fees in connection with or incidental to, carrying out the functions referred to in regulation 3 as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the notified body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Notification to the European Commission and other Member States
6
The Secretary of State shall notify the European Commission and other Member States of the appointment or termination of appointment, as the case may be, of a notified body.
Signed by the 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
26th June 2000